# legal_provisions

document_id: msmlca-2014
provision_ref: s9
chapter: PART 3 - MINIMUM REQUIREMENTS FOR
section: 9
title: Period of validity of medical fitness certificate
content:
9. A medical fitness certificate is valid only from the date of the medical examination and for the period specified on the certificate, which must not exceed the following maximum periods: ( a ) in respect of a person below 18 years of age, one year; ( b ) in respect of a person of 18 years of age or above, 2 years.


document_id: msmlca-2014
provision_ref: s10
chapter: PART 3 - MINIMUM REQUIREMENTS FOR
section: 10
title: Reporting of medical conditions
content:
10. —(1) A seafarer who holds a medical fitness certificate and who — ( a ) is, or is likely to be, absent from work for 30 days or more due to a medical condition; or ( b ) develops a significant medical condition, must report that medical condition as soon as practicable to a qualified medical practitioner. (2) If a seafarer is required to make the report mentioned in subsection (1), the validity of that seafarer’s medical fitness certificate is suspended from the date on which it first becomes practicable for that seafarer to make the report until the date (if any) on which a qualified medical practitioner has assessed, if necessary by conducting a medical examination of the seafarer, that the seafarer is fit having regard to any prescribed medical standards. (3) In this section, “medical condition” includes both injury and illness, and a significant medical condition is one which adversely affects or is reasonably likely to adversely affect the seafarer’s ability to carry out his or her duties, including the seafarer’s ability to undertake emergency duties.


document_id: msmlca-2014
provision_ref: s11
chapter: PART 3 - MINIMUM REQUIREMENTS FOR
section: 11
title: Review of qualified medical practitioner’s decision
content:
11. —(1) A person who is aggrieved by — ( a ) the refusal of a qualified medical practitioner to issue a medical fitness certificate; ( b ) any restriction imposed on such a certificate; or ( c ) the suspension for more than 3 months or cancellation of such a certificate by a qualified medical practitioner, may, not later than 90 days after the refusal, restriction, suspension or cancellation, apply to the Director for the matter to be reviewed by another qualified medical practitioner. (2) On receiving the application, the Director must permit the medical fitness of the seafarer to be reviewed by another qualified medical practitioner unless the Director is satisfied that such a review will not produce a different result.


document_id: msmlca-2014
provision_ref: s12
chapter: PART 3 - MINIMUM REQUIREMENTS FOR
section: 12
title: Seafarer recruitment and placement services
content:
12. —(1) A person must not operate a seafarer recruitment and placement service in Singapore unless the person is authorised to do so by the Director. (2) Despite any written law to the contrary, a person must not demand or receive, directly or indirectly, from a seafarer or a person seeking employment as a seafarer (called a prospective employee), or from a person on behalf of a prospective employee, any remuneration for providing the prospective employee with employment. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. (4) The Authority may, with the approval of the Minister, make regulations for the control and management of seafarer recruitment and placement services for the purposes of this Act and, in particular, in respect of all or any of the following matters: ( a ) prohibiting seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified; ( b ) maintenance of a seafarer recruitment and placement register by the seafarer recruitment and placement services; ( c ) the recruitment and placement process; ( d ) ensuring that shipowners have the means to protect seafarers from being stranded in a foreign port; ( e ) the procedure for the examination of and response by the seafarer recruitment and placement services to any complaint concerning their activities; ( f ) prescribing a compensation scheme for the protection of seafarers in the event the seafarer recruitment and placement service or the shipowner fails to meet obligations under the seafarer’s employment agreement; ( g ) inspection of the premises and documents of any seafarer recruitment and placement service. (5) The Director or an inspector may, at any time, for the purposes of this section — ( a ) enter and inspect any premises of any seafarer recruitment and placement service; ( b ) require and enforce the production of any book, certificate or document relating to any ship, seafarer or seafarer recruitment and placement service; and ( c ) summon any person before the Director or inspector and require the person to answer questions. (6) To avoid doubt, this section does not affect the requirement of a person to comply with the Employment Agencies Act 1958. (7) A shipowner must not use a seafarer recruitment and placement service located in a state or territory that has not acceded to or ratified the Convention unless the shipowner has satisfied the Director that the seafarer recruitment and placement service is compliant with the requirements of the Convention.


document_id: msmlca-2014
provision_ref: s13
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 13
title: Shipowners to provide seafarers with safe and secure workplace
content:
13. Subject to this Act, it is the duty and obligation of every shipowner to provide and ensure that every seafarer in the shipowner’s employment is provided, in accordance with the requirements of this Act and any other written law, with — ( a ) a safe and secure workplace that complies with safety standards prescribed by written law; ( b ) fair terms of employment; ( c ) decent working and living conditions on board the ship; and ( d ) health protection, medical care and welfare measures prescribed by written law.


document_id: msmlca-2014
provision_ref: s14
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 14
title: Seafarer’s employment agreement
content:
14. —(1) A person must not cause or permit another person without a seafarer’s employment agreement to be employed as a seafarer on a ship. (2) Every shipowner must — ( a ) ensure that the seafarer’s employment agreement is read over and explained to the seafarer; ( b ) ascertain that the seafarer understands the agreement; ( c ) ensure that the seafarer has been given an opportunity to examine and seek advice on the agreement before the seafarer signs it; and ( d ) ensure that the agreement is signed both by the seafarer and by or on behalf of the shipowner. (3) The master or shipowner must cause to be supplied to the seafarer a signed original of the seafarer’s employment agreement under which the seafarer is employed. (4) If a seafarer’s employment agreement is not in English, a copy of the standard form of the seafarer’s employment agreement must be available in English on board the ship. (5) Where a collective agreement forms all or part of a seafarer’s employment agreement, a copy of that collective agreement must be available on board the ship and, where that collective agreement is not in English, the portions of that collective agreement that are subject to an inspection in port as specified in the Second Schedule must also be available in English. (6) The Authority may prescribe the form of and the matters to be included in the seafarer’s employment agreement and the particulars to be entered into it. (7) Any term of a seafarer’s employment agreement that imposes a condition of service which is less favourable to a seafarer than any of the terms contained in this Act is unenforceable by the shipowner to the extent that it is so less favourable. (8) Any term in an employment agreement providing for the seafarer to forego any part of the minimum annual leave prescribed under section 22 is unenforceable insofar as it purports to deprive the seafarer of that right or to remove or reduce the liability of the shipowner to grant the minimum annual leave prescribed under this Part except under such circumstances as may be prescribed by the Authority. (9) Either party to a seafarer’s employment agreement may at any time give to the other party notice of the firstmentioned party’s intention to terminate the agreement. (10) The length of the notice must be the same for both the shipowner and the seafarer and must be in accordance with the seafarer’s employment agreement, provided that the notice period is not less than 7 days, except in circumstances prescribed under subsection (14)( c ). (11) Such notice must be written and may be given at any time, and the day on which the notice is given must be included in the period of the notice. (12) Either party to the seafarer’s employment agreement may, without waiting for the expiry of the notice mentioned in subsection (10), terminate the agreement by paying to the other party a sum equal to the amount of salary at the gross rate of pay which would have accrued to the seafarer during the period of the notice. (13) Despite subsections (9) and (12) or any term of the seafarer’s employment agreement, where a seafarer is held captive on or off a ship as a result of an act of piracy or armed robbery against the ship, the seafarer’s employment agreement continues to have effect during the period of captivity, regardless of whether — ( a ) the date fixed for the expiry of the seafarer’s employment agreement has passed; or ( b ) either party to the seafarer’s employment agreement has given notice to suspend or terminate it. [16/2020] (14) The Authority may, with the approval of the Minister, make regulations for all matters relating to the engagement and discharge of seafarers, including the following matters: ( a ) the categories of seafarer’s employment agreements; ( b ) seafarer’s discharge books and other records of employment; ( c ) the circumstances under which a notice period shorter than the minimum notice period of 7 days may be permitted. (15) Any person who employs a seafarer or enters into a seafarer’s employment agreement with a seafarer in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: msmlca-2014
provision_ref: s15
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 15
title: Notification of crew list
content:
15. —(1) A shipowner and the master must notify the Authority, in the prescribed manner, of the details of seafarers who are employed on a ship on the following occasions: ( a ) when the ship is registered, provisionally or otherwise, under Part 2 of the Merchant Shipping Act 1995; ( b ) when a seafarer’s employment agreement is entered into with any seafarer; ( c ) when any term of the seafarer’s employment agreement of a seafarer employed on the ship is altered; ( d ) when a seafarer is discharged from the ship. (2) Any shipowner or master who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: msmlca-2014
provision_ref: s16
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 16
title: Hours of rest
content:
16. —(1) Every shipowner must ensure that every seafarer in the shipowner’s employment is given the hours of rest in accordance with this section. (2) The minimum hours of rest are 10 hours in any 24‑hour period and 77 hours in any 7‑day period. (3) The minimum hours of rest may be divided into no more than 2 periods, one of which must be at least 6 hours in length, and the interval between consecutive periods of rest must not exceed 14 hours. (4) Where a seafarer is employed in work during hours of rest, he or she must be compensated with an equivalent period of rest in the next rest period, or if not possible, as soon as practicable after that. (5) A person must not cause or permit payment to be made in lieu of hours of rest. (6) The master must cause for every position — ( a ) the schedule of service at sea and service in port; ( b ) the minimum hours of rest required by this Act; and ( c ) all other information on working arrangements that may be required by the Director from time to time, to be displayed in English and the working language or languages of the ship using such format as may be prescribed by the Authority and posted in an easily accessible place on board the ship. (7) The master must maintain a record of each seafarer’s daily hours of rest on board the ship, which must — ( a ) be in a standardised format that may be prescribed by the Authority; and ( b ) be in English and, if the working language of the ship is not English, also be in the working language or languages of the ship. (8) The master must at the end of each month cause a seafarer to be given a record of the seafarer’s daily hours of rest mentioned in subsection (7) that has been endorsed by or on behalf of the master. (9) The Director may, in any particular case, permit exceptions to the hours of rest set out in this section in accordance with and subject to any prescribed conditions. (10) Nothing in this section prevents the master from suspending a seafarer’s hours of rest for the purposes of performing work that is necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea, provided that the seafarer is compensated with an equivalent period of rest as soon as practicable after the normal situation has been restored. (11) Any shipowner who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: msmlca-2014
provision_ref: s17
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 17
title: Restriction on working hours for young seafarer
content:
17. —(1) Subject to section 16(10) and subsection (2) — ( a ) a person must not require any young seafarer to work more than 8 hours per day or 40 hours per week; and ( b ) a shipowner and the master must ensure that a young seafarer is — (i) allowed sufficient time for all meals and a break of at least one hour for the main meal of the day; and (ii) allowed a 15‑minute rest period as soon as practicable following every 2 hours of continuous work. (2) A young seafarer may be required to work under conditions that do not comply with subsection (1) if the master is of the opinion that — ( a ) the effective training of the young seafarer in accordance with established programmes and schedules would be impaired; or ( b ) the requirements of subsection (1) are impracticable for the young seafarer assigned to watchkeeping duties or working on a rostered shift‑work system in the deck, engine room or catering departments. (3) The master must keep a record of all instances where a young seafarer is required under subsection (2) to work under conditions that do not comply with subsection (1), and the record must state the reasons and be signed by the master.


document_id: msmlca-2014
provision_ref: s18
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 18
title: Restriction on night work for young seafarer
content:
18. —(1) Subject to subsection (2), a person must not cause or permit any young seafarer to be employed in any kind of night work on any ship. (2) Despite subsection (1), the Director may give approval for a young seafarer to be employed in night work if the Director is of the opinion that — ( a ) the effective training of the young seafarer in accordance with established programmes and schedules would be impaired; or ( b ) the specific nature of the work or a recognised training programme requires that the young seafarer perform duties at night and the Director has determined that the work will not be detrimental to the seafarer’s health or wellbeing. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) In this section, “night work” means work done between 9 p.m. and 6 a.m. of the following day according to the time zone the ship is in.


document_id: msmlca-2014
provision_ref: s19
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 19
title: Prohibition on hazardous work for young seafarer
content:
19. —(1) A person must not cause or permit any young seafarer to be employed in any hazardous work on any ship. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (3) In this section, “hazardous work” means any of the following work: ( a ) lifting, moving or carrying of heavy loads or objects; ( b ) entry into boilers, tanks and cofferdams; ( c ) exposure to harmful noise and vibration levels; ( d ) operating hoisting and other power machinery and tools, or acting as signallers to operators of such equipment; ( e ) handling mooring or tow lines or ground tackle; ( f ) rigging; ( g ) work aloft or on deck in heavy weather; ( h ) servicing of electrical equipment; ( i ) exposure to potentially harmful materials or harmful physical agents such as dangerous or toxic substances and ionising radiation; ( j ) cleaning of catering machinery; ( k ) handling or taking charge of ship’s boats.


document_id: msmlca-2014
provision_ref: s20
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 20
title: Wages
content:
20. —(1) Except as otherwise provided in this Act or any other written law, the wages due to a seafarer under a seafarer’s employment agreement must be paid to the seafarer in full on a monthly basis, before the expiry of the last day of the month in respect of which the salary is payable. (2) If any amount which, under subsection (1), is payable to a seafarer is not paid at the time at which it is so payable, the seafarer is entitled to wages at the rate last payable under the seafarer’s employment agreement for every day on which the amount remains unpaid until it is paid in full. (3) Subsection (2) does not apply if the failure to pay was due to any reasonable dispute as to liability or to the act or default of the seafarer or to any other cause, not being the wrongful act or default of the person liable to pay the seafarer’s wages or of the person’s employee or agent. (4) The master of a ship must deliver to each seafarer employed on the ship under a seafarer’s employment agreement, a monthly account of wages due to the seafarer under that agreement, including but not limited to basic wage, basic leave wage, overtime pay and other allowances stated in the agreement, and additional payments and deductions subject to which the wages are payable (called in this section the account). (5) Where the payment is made in a currency or at a rate that is different from the one agreed to, the account should also indicate the rate of exchange used, which is either — ( a ) the prevailing market rate of the bank designated by the seafarer; or ( b ) the exchange rate set out in the collective agreement for the duration of the agreement, provided that the exchange rate is not unfavourable to the seafarer. (6) The account must indicate that the amounts stated in it are subject to any later adjustment that may be found necessary and the master must deliver the account before the expiry of the last day of the month in respect of which the salary is payable. (7) If the amounts stated in the account require adjustment, the person who employed the seafarer must deliver to the seafarer a further account stating the adjusted amounts, and must deliver that account to the seafarer before the expiry of the last day of the next month in respect of which the salary is payable. (8) Where a seafarer is held captive on or off a ship as a result of an act of piracy or armed robbery against the ship, the seafarer’s wages and other entitlements (including the remittance of any allotments made in accordance with section 21) under — ( a ) the seafarer’s employment agreement; ( b ) any applicable collective agreement; or ( c ) any written law, must continue to be paid during the entire period of captivity and until — ( d ) the date on which the seafarer is released and duly repatriated in accordance with this Act; or ( e ) the date of the seafarer’s death, if the seafarer dies while in captivity. [16/2020] (9) Any person who, without reasonable cause, fails to comply with subsection (4), (6) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: msmlca-2014
provision_ref: s21
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 21
title: Allotment notes
content:
21. —(1) Subject to this section, a seafarer may, by means of an allotment note, allot directly to any person or persons nominated by the seafarer, by bank transfer or similar means, all or part of the wages to which the seafarer will become entitled in the course of employment on a ship. (2) A person to whom any part of a seafarer’s wages has been allotted by an allotment note issued in accordance with this section has the right to recover that part in the person’s own name and for that purpose has the same remedies as the seafarer has for the recovery of the seafarer’s wages. (3) In any proceedings brought by a person named in an allotment note as the person to whom any part of a seafarer’s wages has been allotted, it is presumed, unless the contrary is proved, that the seafarer is entitled to the wages specified in the note and that the allotment has not been varied or cancelled. (4) Unless the shipowner and the seafarer otherwise agree — ( a ) the first sum payable under an allotment note is payable not less than one month from the date on which the allotment note is issued, and subsequent sums become payable at regular intervals of not less than one month reckoned from the date when the first sum is payable; and ( b ) no sum is payable under an allotment note before the seafarer has earned any of the wages allotted by it. (5) A person providing services for the allotment of wages in accordance with this section may charge the seafarer a fee if — ( a ) such fee charged is reasonable; and ( b ) the exchange rate used is either — (i) the prevailing market rate of the bank designated by the seafarer; or (ii) the exchange rate set out in the collective agreement for the duration of the agreement, provided that the exchange rate is not unfavourable to the seafarer.


document_id: msmlca-2014
provision_ref: s22
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 22
title: Entitlement to annual leave
content:
22. —(1) A seafarer is entitled to paid annual leave, taken at such time as may be agreed between the seafarer and the shipowner in accordance with the terms of the seafarer’s employment agreement, of at least 2.5 days per month of continuous service with the shipowner which is in addition to leave that the seafarer is entitled under subsection (4). (2) A seafarer is entitled to his or her gross rate of pay for every day of annual leave. (3) A seafarer who has served a shipowner for a period shorter than 12 months of continuous service in any year or in the event of termination of employment otherwise than for misconduct, is entitled to annual leave in proportion to the number of completed months of service in that year. (4) Leave of absence granted for the following purposes is not counted as part of a seafarer’s annual leave: ( a ) time that seafarer is in transit to or from a ship, or on active stand‑by for immediate deployment; ( b ) time‑off given for illness, injury or maternity; ( c ) temporary shore leave by agreement between the shipowner and the seafarer under the seafarer’s employment agreement; ( d ) public holidays designated under the Holidays Act 1998; ( e ) absence from work to attend a maritime vocation training course that is approved by the Director; ( f ) time spent awaiting repatriation and travel time during repatriation; ( g ) leave granted under conditions that may be determined by the Director from time to time. (5) Where a seafarer is granted leave of absence without pay by the shipowner at the request of the seafarer, the period of the leave is disregarded for the purpose of computing continuous service under this section. (6) A seafarer is entitled to take annual leave in the place to which the seafarer has a substantial connection or is entitled to be repatriated. (7) A person must not require a seafarer to take annual leave in a place otherwise than that provided in the seafarer’s employment agreement unless — ( a ) the seafarer gives consent; ( b ) the shipowner bears the costs of transporting the seafarer to the place where the seafarer was engaged or recruited, whichever is nearer the seafarer’s home; and ( c ) the shipowner bears the subsistence and all other directly related costs. (8) A person must not recall a seafarer who is on paid annual leave except in cases of extreme emergency as may be determined by the Director from time to time and provided that the seafarer’s consent has been obtained. (9) The shipowner must grant and the seafarer must take annual leave not later than 12 months after the end of every 12 months of continuous service and any seafarer who fails to take that leave by the end of such period ceases to be entitled to the leave. (10) Subject to subsection (9) and unless otherwise provided in an agreement applicable to the shipowner and the seafarer concerned, the seafarer is entitled to an uninterrupted period of annual leave. (11) In calculating the proportionate annual leave under subsection (3), any fraction of a day which is less than one‑half of a day is disregarded and where the fraction of the day is one‑half or more it is regarded as one day.


document_id: msmlca-2014
provision_ref: s23
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 23
title: Repatriation of seafarers
content:
23. —(1) Subject to subsections (3) and (4), a person who employs a seafarer on a ship must not require the seafarer to work for a period of 12 months or longer before being entitled to repatriation. (2) A shipowner must repatriate a seafarer employed on a ship in the following circumstances: ( a ) where the seafarer’s employment agreement of the seafarer concerned has expired; ( b ) where the seafarer’s employment agreement has been terminated by the seafarer for justified reasons or by the shipowner; ( c ) where the seafarer is no longer able to carry out his or her duties under his or her seafarer’s employment agreement or cannot be expected to carry them out, in the following circumstances: (i) the seafarer has an illness or injury or other medical condition which requires his or her repatriation when found medically fit to travel; (ii) the seafarer is taken to any country in the event of shipwreck; (iii) the shipowner is not able to continue to fulfil the shipowner’s legal or contractual obligations as an employer of the seafarer by reason of insolvency, sale of ship, change of ship’s registration or any other similar reason; (iv) the ship is bound for a war zone, as defined by written law or the seafarer’s employment agreement, to which the seafarer does not consent to go; (v) the seafarer’s employment is terminated or interrupted in accordance with an industrial award or collective agreement; (vi) the seafarer is left behind in any country for any reason; ( d ) where, in violation of the requirements of this Act or the terms of the seafarer’s employment agreement — (i) the seafarer is left by the shipowner without the necessary maintenance and support (including adequate food, accommodation, drinking water supplies, essential fuel for survival on board the ship and necessary medical care); or (ii) where the seafarer’s ties with the shipowner have been unilaterally severed by the shipowner including where the shipowner has failed to pay the seafarer’s contractual wages for a period of at least 2 months; ( e ) where the seafarer is released from captivity after being held captive on or off a ship as a result of an act of piracy or armed robbery against the ship. [29/2016; 16/2020] (3) A shipowner must repatriate a young seafarer who has served without leave for 6 months, or any shorter period of time as determined under his or her seafarer’s employment agreement or a collective agreement, on board a ship that has not returned to the seafarer’s country of residence during that time and will not return to that country of residence in the next 3 months. (4) A young seafarer who is found to be unsuited to life at sea, after having served on a ship for at least 4 months during his or her first foreign‑going voyage, must be given the opportunity to be repatriated at no expense to the seafarer and in accordance with this section from the first suitable port of call in which there are consular services of Singapore or of the state of his or her nationality or residence. (5) A shipowner must notify the authority, of the state which issued the papers enabling the young seafarer concerned to take up seagoing employment, of the repatriation referred to in subsection (4) and the reasons for the repatriation. (6) A seafarer is entitled to be repatriated to any of the following places with which he or she has a substantial connection: ( a ) the place at which the seafarer agreed to enter into the engagement; ( b ) the place stipulated by an applicable collective agreement; ( c ) the seafarer’s country of residence; ( d ) such other place as may be mutually agreed at the time of engagement; ( e ) such other place as may be determined by the Director as appropriate. (7) A seafarer has a right to choose from among the destinations referred to in subsection (6), the place to which he or she is to be repatriated. (8) A seafarer is entitled to be repatriated by appropriate and expeditious means. (9) A shipowner must bear the costs of repatriating a seafarer in the shipowner’s employment until the seafarer is landed at a destination in accordance with subsection (6), including expenses for any items that may be prescribed. (10) A person must not require any seafarer to make an advance payment towards the costs of repatriation and is not entitled to recover, or to make any deduction for, the costs of repatriation from the seafarer’s wages or other entitlements except where the seafarer has been found, after due inquiry by the Director, to have been in serious default of his or her employment obligations. (11) Where a seafarer referred to in subsection (2)( c )(ii) or (vi) remains in the country mentioned in that subsection after the end of a period of 3 months, the person who last employed him or her as a seafarer is not liable under this section to make provision for the seafarer’s return or for any matter arising after the end of that period, unless the person has, before the end of that period, been under an obligation imposed on the person under this section to make provision with respect to the seafarer. (12) Where it appears to the Director that a shipowner is unable to make, has failed to make, or fails to continue to make, provision necessary for the repatriation of a seafarer in the shipowner’s employment under this section, the Director may make such provision and recover from the shipowner any costs and expenses incurred by the Director in making that provision. (13) This section does not affect any right of a shipowner to recover the costs of repatriation under third‑party contractual arrangements. (14) A shipowner must cause a legible copy of this section and any regulations relating to the repatriation of seafarers made under this Act in English, and the working language of the ship if it is not English, to be carried on board the ship and to be made available to seafarers.


document_id: msmlca-2014
provision_ref: s24
chapter: PART 4 - CONDITIONS OF SEAFARERS’ EMPLOYMENT
section: 24
title: Compensation to seafarers in event of wreck or loss of ship, etc.
content:
24. —(1) Where a ship is wrecked or lost, a seafarer whose employment on the ship is thereby terminated before the date contemplated in the seafarer’s employment agreement under which he or she is so employed is, subject to this section, entitled to wages, at the rate payable under the agreement at the date of the wreck or loss, for every day on which he or she is unemployed in the 2 months following that date. (2) Where a ship is sold or ceases to be registered in Singapore and a seafarer’s employment on the ship is thereby terminated before the date contemplated in the seafarer’s employment agreement under which he or she is so employed, then, unless otherwise provided in the agreement, the seafarer is, subject to subsection (3), entitled to wages at the rate payable under the agreement at the date on which his or her employment is terminated for every day on which he or she is unemployed in the 2 months following that date. (3) A seafarer is not entitled to wages under subsection (1) or (2) for any day of unemployment, if it is shown that — ( a ) the unemployment was not due to the wreck or loss of the ship or (as the case may be) to the sale of the ship or its ceasing to be registered in Singapore; or ( b ) the seafarer was able to obtain suitable employment for that day but unreasonably refused to take it. (4) The master and a seafarer employed on a ship have the same lien and remedies for their wages payable under this section, as a seaman has for his or her wages. (5) This section does not affect the rights a seafarer may have under any other rule of law.


document_id: msmlca-2014
provision_ref: s25
chapter: PART 5 - CATERING
section: 25
title: Requirement to carry qualified ship’s cook
content:
25. —(1) Subject to subsections (2) and (3), the shipowner and the master of a Singapore ship which ordinarily operates with 10 or more seafarers on board must ensure that the ship does not proceed to sea unless a qualified ship’s cook is on board. (2) In circumstances of exceptional necessity, the Director may grant an exemption from subsection (1) — ( a ) until the next port of call; or ( b ) for a period not exceeding one month, but only if there is a person on board the ship who is trained or instructed in areas such as food and personal hygiene and handling and storage of food in accordance with this Act. (3) The shipowner and the master may, instead of complying with the requirement in subsection (1) to have a qualified ship’s cook on board, comply with any other requirement that the Director may approve in respect of a particular ship, or ships of a particular description, being a requirement that the Director considers substantially equivalent to the requirement in subsection (1) when considered together with the conditions and limitations to which the approval may be subject. (4) An exemption or approval given by the Director under this section must be in writing, may be subject to such conditions and limitations as the Director may specify, and may be altered or cancelled. (5) Any shipowner or master who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: msmlca-2014
provision_ref: s26
chapter: PART 5 - CATERING
section: 26
title: Training requirements for catering staff and other persons processing food in galley
content:
26. —(1) A shipowner and the master of a ship must ensure that — ( a ) each member of the catering staff is properly trained or instructed for his or her position in accordance with the prescribed requirements; and ( b ) any person processing food in the galley is properly trained or instructed in areas such as food and personal hygiene and handling and storage of food in accordance with the prescribed requirements. (2) In this Part, unless the context otherwise requires — “catering staff” means seafarers whose normal duties include the preparation and storage of food, the service of meals to seafarers on board a ship or other work in the galley or in areas where food is stored or handled; “qualified ship’s cook” means a person who has been issued with a certificate of proficiency mentioned in section 27 which has not expired or been cancelled or suspended.


document_id: msmlca-2014
provision_ref: s27
chapter: PART 5 - CATERING
section: 27
title: Certificate of proficiency as ship’s cook
content:
27. A person may apply to the Authority for a certificate of proficiency as a ship’s cook if the person meets both of the following requirements: ( a ) the person has served at sea for not less than the prescribed period, or any other period that may be determined by the Director taking into account any existing qualifications and relevant experience; ( b ) the person has successfully completed the prescribed training course for cooks and passed the prescribed examination.


document_id: msmlca-2014
provision_ref: s28
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 28
title: Medical care
content:
28. It is the duty of a shipowner to take, so far as is reasonably practicable, measures that are necessary to ensure the safety and health of all seafarers employed by the shipowner on board the shipowner’s ship including — ( a ) measures on occupational health protection and medical care relevant to the seafarer’s duties; ( b ) ensuring that arrangements are made, where practicable, for seafarers to visit any qualified medical doctor or dentist without delay in ports of call; and ( c ) providing medical care and health protection services for any seafarer on board the ship or on land without charge to the seafarer.


document_id: msmlca-2014
provision_ref: s29
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 29
title: Medical report forms
content:
29. —(1) A shipowner must make available on board the shipowner’s ship, for the purposes of facilitating the treatment of seafarers, such medical report forms as may be prescribed. (2) Every medical report form, or any part of the form, when completed or any information contained in the completed form must be kept confidential and must not, without the consent of the seafarer concerned, be released to any person other than for the purposes of facilitating the treatment of that seafarer. (3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: msmlca-2014
provision_ref: s30
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 30
title: Medicine chest
content:
30. —(1) A medicine chest with readily understandable instructions must be carried on board every ship. (2) The master of a ship must ensure that the medicine chest and its contents, as well as the medical equipment and medical guide, are properly maintained and inspected at regular intervals that may be prescribed by the Authority.


document_id: msmlca-2014
provision_ref: s31
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 31
title: Medical treatment on board ship
content:
31. Where a ship is not required under the Merchant Shipping Act 1995 to carry a qualified medical practitioner on board, the shipowner must make arrangements for ensuring that — ( a ) a ship which is ordinarily capable of reaching qualified medical care and medical facilities within 8 hours must carry on board a seafarer who — (i) has completed such training in medical first‑aid as required by the STCW Code and approved by the Director; and (ii) is appointed by the shipowner to be in charge of medical first‑aid training and administration of medicine on board the ship; and ( b ) any ship, other than a ship mentioned in paragraph ( a ), must carry on board a seafarer who — (i) has completed such training in medical care as required by the STCW Code and approved by the Director; and (ii) is appointed by the shipowner to be in charge of medical care on board the ship.


document_id: msmlca-2014
provision_ref: s32
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 32
title: Medical advice through radio stations
content:
32. —(1) A shipowner must ensure that a complete and up‑to‑date list of radio stations through which medical advice can be obtained is carried on board the shipowner’s ship. (2) The shipowner of a ship that is equipped with a system of satellite communication must ensure that a complete and up‑to‑date list of coast earth stations through which medical advice can be obtained is carried on board the ship.


document_id: msmlca-2014
provision_ref: s33
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 33
title: Access to medical care ashore
content:
33. A shipowner must take such measures as are necessary and practicable to ensure that seafarers employed on the shipowner’s ship have access when in port to — ( a ) outpatient treatment for sickness and injury; ( b ) hospitalisation when necessary; and ( c ) facilities for dental treatment.


document_id: msmlca-2014
provision_ref: s34
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 34
title: Financial security requirement
content:
34. —(1) Unless the requirement in subsection (2) is met, a shipowner must not allow the shipowner’s ship — ( a ) to go to sea; or ( b ) if it is already at sea, to remain at sea. (2) The requirement mentioned in subsection (1) is that there is in force a contract of insurance or other financial security — ( a ) that is contracted with, or provided by, an approved financial security provider; ( b ) that is adequate to ensure that the shipowner will be able to meet any liabilities the shipowner may have — (i) arising from the shipowner’s obligation to repatriate a seafarer; or (ii) to provide compensation in the event of death or long‑term disability to seafarers arising from occupational injury, illness or hazard; and ( c ) that contains such terms and conditions, and meets such other requirements, as may be prescribed. [29/2016] (3) The liabilities of the shipowner referred to in subsection (2)( b ) include liabilities arising under — ( a ) sections 23(9), 24(1), 35, 36 and 37; ( b ) the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act; and ( c ) the seafarer’s employment agreements of seafarers working on the ship. [29/2016; 27/2019] (4) Where an approved financial security provider has made any payment to a seafarer under a contract of insurance or other financial security mentioned in subsection (2) for a liability arising from a shipowner’s obligation to repatriate a seafarer, any right which the seafarer has (or but for that payment would have had) against the shipowner as a result of the liability is, with respect to the amount of payment made, transferred to and vested in the approved financial security provider. [16/2020] (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (6) In this section, “approved financial security provider” means a provider of insurance or other financial security that has been approved by the Director under section 34A for the purposes of this section. [29/2016]


document_id: msmlca-2014
provision_ref: s34A
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 34A
title: Approved financial security provider
content:
34A. —(1) The Director may approve, with or without terms or conditions, a person who provides insurance or other financial security services as an approved financial security provider for the purposes of section 34. [29/2016] (2) In determining whether or not to approve any person as an approved financial security provider, the Director — ( a ) must have regard to whether — (i) the person is able and willing to meet the requirements of a financial security provider under this Act; and (ii) the insurance or other financial security provided by the person will comply with the requirements of this Act; and ( b ) may have regard to any other matter that the Director considers relevant. [29/2016] (3) The Director may, by written notice to an approved financial security provider, vary any term or condition of approval. [29/2016] (4) The Director may revoke the approval of a person as an approved financial security provider if the Director is satisfied that — ( a ) the person is not able or willing, or has failed, to meet the requirements of a financial security provider under this Act; ( b ) the insurance or other financial security provided by the person does not comply with the requirements of this Act; ( c ) the person has breached any term or condition of approval; or ( d ) it is otherwise not suitable for the person to continue to be an approved financial security provider. [29/2016] (5) The Director must, before taking any action under subsection (3) or (4), give written notice to the approved financial security provider of the Director’s intention to take such action and give the approved financial security provider an opportunity to submit reasons why the terms or conditions of approval should not be varied, or why the approval should not be revoked, as the case may be. [29/2016] (6) A person aggrieved by any of the following decisions of the Director (called in this section the appellant) may appeal to the Minister against the decision: ( a ) the refusal to approve the appellant as an approved financial security provider; ( b ) the imposition of any term or condition on the approval of the appellant as an approved financial security provider; ( c ) the variation of any term or condition of approval of the appellant as an approved financial security provider; ( d ) the revocation of the approval of the appellant as an approved financial security provider. [29/2016] (7) An appeal under this section — ( a ) must be in writing; ( b ) must specify the grounds on which it is made; and ( c ) must be made within 14 days after the date of receipt of the decision that is appealed against. [29/2016] (8) An appellant who appeals to the Minister under this section must provide such information as may be required by the Minister in such manner and within such period as the Minister may specify. [29/2016] (9) The Minister may reject an appeal of an appellant who fails to comply with the requirements of subsection (7) or (8). [29/2016] (10) After consideration of an appeal, the Minister may — ( a ) reject the appeal and confirm the Director’s decision; or ( b ) allow the appeal and substitute or vary the Director’s decision. [29/2016] (11) The Minister’s decision on an appeal is final. [29/2016] (12) Every appellant must be notified of the Minister’s decision under subsection (10). [29/2016] (13) An appeal against the Director’s decision does not affect the operation of the decision appealed against until the determination of the appeal. [29/2016]


document_id: msmlca-2014
provision_ref: s35
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 35
title: Shipowner’s duty to make provision for seafarer medical and other expenses
content:
35. —(1) Subject to section 38 and subsections (3) and (4), a shipowner is liable to meet any expenses reasonably incurred in connection with a seafarer’s sickness or injury which — ( a ) first occurs during a period starting on the date on which the seafarer’s employment agreement of that seafarer commences and ending on the date on which the shipowner’s duty to repatriate that seafarer under section 23 ends; or ( b ) first occurs subsequent to the period mentioned in paragraph ( a ) but is caused by circumstances or events arising during that period. (2) Expenses incurred in connection with a sickness or an injury include — ( a ) expenses of surgical, medical, dental or optical treatment (including the repair or replacement of any appliance); and ( b ) expenses for board and lodging. (3) The duty in subsection (1) does not affect any duty imposed on the shipowner under section 23, and does not apply in respect of any expenses met by the shipowner under that duty. (4) The duty in subsection (1) is limited to expenses incurred during a period starting on the date on which the sickness or injury first occurs and ending on the expiry of 16 weeks after that date. (5) If any expenses are incurred by a seafarer to which the duty in subsection (1) applies, the seafarer may recover those expenses from the shipowner as a civil debt.


document_id: msmlca-2014
provision_ref: s36
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 36
title: Shipowner’s liability for wages following sickness or injury sustained by seafarer
content:
36. —(1) Subject to section 38, this section applies in relation to a seafarer who experiences sickness or injury which — ( a ) first occurs during a period starting on the date on which the seafarer’s employment agreement of that seafarer commences and ending on the date on which the shipowner’s duty to repatriate that seafarer under section 23 ends, or if there is no such duty, the date on which the seafarer’s employment agreement ends; or ( b ) first occurs subsequent to the period mentioned in paragraph ( a ) but is caused by circumstances or events arising during that period, and results in the seafarer’s incapacity for work. (2) If the seafarer does not receive the full wages payable under the seafarer’s employment agreement for the period starting on the date of the injury or the first day of the sickness mentioned in subsection (1) and ending on the date on which the seafarer is repatriated under section 23 or otherwise leaves the ship, the shipowner must pay to the seafarer the amount equal to the difference between — ( a ) any wages received by the seafarer for that period under that agreement; and ( b ) the full wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period. (3) Subject to subsection (4), if the seafarer remains incapacitated for work for the reason described in subsection (1) after being repatriated under section 23 or otherwise leaving the ship, and does not receive the full wages payable under the seafarer’s employment agreement for the period starting on the day after repatriation or departure from the ship and ending on the date on which the seafarer is again fit for work, the shipowner must pay to the seafarer the amount equal to the difference between — ( a ) any wages received by the seafarer for that period under that agreement; and ( b ) the full wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period. (4) The duty in subsection (3) ends on the expiry of the period of 16 weeks starting on the day following the date of the injury or the first day of the sickness mentioned in subsection (1). (5) The amounts payable to the seafarer under subsections (2) and (3) must be paid in the same manner and at the same frequency as wages payable under the seafarer’s employment agreement. (6) A seafarer may recover any amount of money due from the shipowner under subsection (2) or (3) as a civil debt. (7) A shipowner must take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning the property to the seafarers or to their next of kin.


document_id: msmlca-2014
provision_ref: s37
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 37
title: Shipowner’s liability in respect of burial or cremation of seafarer
content:
37. A shipowner is liable to pay any expenses reasonably incurred in connection with a seafarer’s burial or cremation, if the seafarer dies on board or ashore while employed to work on the shipowner’s ship.


document_id: msmlca-2014
provision_ref: s38
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 38
title: Exclusion from liability under sections 35, 36 and 37
content:
38. Sections 35, 36 and 37 do not apply to a seafarer where — ( a ) the injury mentioned in section 35 or 36 was incurred otherwise than in the service of the ship; ( b ) the injury or sickness mentioned in section 35 or 36 was incurred due to the seafarer’s wilful misconduct; or ( c ) the sickness or incapacity for work existed on the date on which the seafarer entered the seafarer’s employment agreement, and the seafarer deliberately concealed the sickness or incapacity from the shipowner.


document_id: msmlca-2014
provision_ref: s39
chapter: PART 6 - MEDICAL CARE AND TREATMENT
section: 39
title: Limitation of seafarer’s right to recover
content:
39. —(1) Where a seafarer has received compensation under section 16(1) of the Work Injury Compensation Act 2019, or section 14(2) of the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by the Work Injury Compensation Act 2019, for the cost of medical treatment in respect of any sickness or injury, the amount of compensation payable to the seafarer under section 35 for the expenses incurred in connection with the sickness or injury must be reduced by the amount so received. [27/2019] (2) Where a seafarer has received compensation under section 17 of the Work Injury Compensation Act 2019, or section 14A of the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by the Work Injury Compensation Act 2019, for any temporary incapacity resulting from any sickness or injury, the amount of compensation payable to the seafarer under section 36 for loss of wages in respect of the sickness or injury must be reduced by the amount so received. [27/2019] (3) Subject to subsections (1) and (2) and section 63 of the Work Injury Compensation Act 2019, or section 33 of the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by the Work Injury Compensation Act 2019, sections 35 and 36 do not affect any other legal remedies that a seafarer may have under any other rule of law in respect of the sickness or injury, provided that — ( a ) if a seafarer brings any action for damages in a court in respect of any sickness or injury, any judgment, award or order that may be made against a shipowner in that action must take into account the payment made under section 35 or 36; and ( b ) a seafarer must not be compensated more than once in respect of the same expense or wages. [27/2019]


document_id: msmlca-2014
provision_ref: s40
chapter: PART 7 - HEALTH AND SAFETY PROTECTION AND
section: 40
title: Shipowner’s duty to ensure safety and health of seafarers
content:
40. —(1) It is the duty of a shipowner to take, so far as is reasonably practicable and in accordance with any standards prescribed by the Authority, such measures as are necessary, and as may be prescribed, to ensure the safety and health of the seafarers on board the shipowner’s ship. (2) For the purposes of subsection (1), the measures necessary to ensure the safety and health of seafarers on board a ship include — ( a ) providing and maintaining for seafarers a work environment which is safe, without risk to health and adequate as regards facilities and arrangements for their welfare at work; ( b ) ensuring that adequate safety measures are taken to prevent occupational accidents, injuries and diseases; ( c ) developing and implementing procedures for inspection, reporting and dealing with emergencies that may arise on board the ship; and ( d ) ensuring that the master and seafarers on board the ship have adequate instruction, information, training and supervision, especially with regard to young seafarers, as is necessary for them to comply with any prescribed measures.


document_id: msmlca-2014
provision_ref: s41
chapter: PART 7 - HEALTH AND SAFETY PROTECTION AND
section: 41
title: Master’s duty to implement measures
content:
41. —(1) It is the duty of the master to ensure that the measures taken by the shipowner as mentioned in section 40 are implemented on board the ship. (2) The master, or a person designated by the master, must at regular intervals inspect and correct unsafe conditions on board the ship, and must report those occurrences to the shipowner.


document_id: msmlca-2014
provision_ref: s42
chapter: PART 7 - HEALTH AND SAFETY PROTECTION AND
section: 42
title: Duties of seafarers at work on board ship
content:
42. It is the duty of every seafarer at work on board a ship — ( a ) to comply with the safety measures mentioned in section 40(2)( b ) as taken by the shipowner; and ( b ) to cooperate with the shipowner or the master to the extent as will enable the shipowner or the master (as the case may be) to comply with the provisions of this Act.


document_id: msmlca-2014
provision_ref: s43
chapter: PART 7 - HEALTH AND SAFETY PROTECTION AND
section: 43
title: Safety committee
content:
43. —(1) Every ship which ordinarily operates with 5 or more seafarers on board must have a safety committee for that ship. (2) Every safety committee must comprise the master, any person designated by the master and seafarer representatives. (3) The functions of the safety committee appointed for a ship are — ( a ) to keep under review circumstances on board the ship which affect or may affect the safety or health of the seafarers; ( b ) to carry out inspections of the scene of any accident in the interest of the safety and health of the seafarers; and ( c ) to exercise such other functions and duties as may be necessary to assist the shipowner in discharging the shipowner’s duties under this Part.


document_id: msmlca-2014
provision_ref: s44
chapter: PART 7 - HEALTH AND SAFETY PROTECTION AND
section: 44
title: Codes of practice
content:
44. —(1) For the purpose of providing practical guidance with respect to the requirements of this Part relating to measures necessary to ensure the safety and health of seafarers, including measures on occupational health protection and medical care, the Authority may do all or any of the following: ( a ) issue one or more codes of practice, which may include any code of practice issued or approved under another written law if the Authority considers that code of practice suitable for this purpose; ( b ) approve as a code of practice any document prepared by any person or organisation other than the Authority if the Authority considers the document as a suitable document for this purpose; ( c ) amend or revoke any code of practice issued or approved under this section. (2) The power of the Authority under subsection (1)( a ) or ( b ) to issue or approve a code of practice that is either a code of practice issued or approved under another written law or a document prepared by any person or organisation other than the Authority includes the power to issue or approve a part of that code of practice or document. (3) Where a code of practice is issued, approved, amended or revoked by the Authority under subsection (1), the Authority must — ( a ) publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice in a manner that will secure adequate publicity for such issue, approval, amendment or revocation; ( b ) specify in the notice mentioned in paragraph ( a ) — (i) the date of issue, approval, amendment or revocation, as the case may be; (ii) the class of hazards, activities or articles in respect of which the code of practice is issued, approved, amended or revoked; and (iii) the place at and the time during which, or the Internet website where, the code of practice which is the subject of the notice may be inspected; and ( c ) ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available for inspection by shipowners or seafarers free of charge. (4) No code of practice, no amendment to an approved code of practice, and no revocation of any such approved code of practice, has any force or effect until the notice relating to it is published in accordance with subsection (3). (5) An approved code of practice that is also either a code of practice issued or approved under another written law or a document prepared by any person or organisation other than the Authority must consist of the contents of that code or document as that code or document existed on the date it was issued or approved as an approved code of practice under this section. (6) If any provision of any approved code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency — ( a ) has effect subject to the provisions of this Act; or ( b ) having regard to the provisions of this Act, does not have effect. (7) Any approved code of practice is deemed not to be subsidiary legislation.


document_id: msmlca-2014
provision_ref: s45
chapter: PART 7 - HEALTH AND SAFETY PROTECTION AND
section: 45
title: Use of approved codes of practice in criminal proceedings
content:
45. —(1) A person shall not be liable to any criminal proceedings by reason only that the person has failed to observe any approved code of practice. (2) In any proceedings for an offence under this Act, an approved code of practice that is relevant to any matter which is necessary for the prosecution to prove in order to establish the commission of the offence is admissible in evidence in the proceedings. (3) Without affecting any other method of proof, in any proceedings for an offence under this Act — ( a ) the production of a document purporting to be a copy of a notice published by the Authority under section 44(3)( a ) is to be taken to be such a notice until the contrary is proved; and ( b ) the production of a code of practice, or an amendment or a revocation of a code of practice, purporting to be the subject of a notice under section 44(3)( a ) is to be taken to be the subject of that notice until the contrary is proved.


document_id: msmlca-2014
provision_ref: s46
chapter: PART 7 - HEALTH AND SAFETY PROTECTION AND
section: 46
title: Investigation into occupational accidents, injuries and diseases on board ships
content:
46. —(1) Where the Director becomes aware of any occupational accident, injury or disease arising from service on board any ship, the Director may appoint an inspector to investigate the cause and circumstances of the occupational accident, injury or disease. (2) The Director or an inspector appointed by the Director under subsection (1) may, for the purposes of an investigation under this section — ( a ) board any ship; ( b ) inspect any ship; ( c ) summon any person before the Director or inspector and require the person to answer questions; ( d ) require any person to furnish a sworn statement relating to the cause or circumstances of the occupational accident, injury or disease; and ( e ) require the production of any book, logbook, certificate, register, document or other information relating to any ship or persons on board the ship. (3) Except with the Director’s permission, a person must not, unless necessary for the prevention of any accident or for the safe navigation of a ship — ( a ) alter, replace, remove or add to any machinery, equipment or article which may have contributed to the cause of any occupational accident, injury or disease; or ( b ) modify the scene of the occupational accident or injury or the place where the occupational disease occurred.


document_id: msmlca-2014
provision_ref: s47
chapter: PART 8 - INSPECTION AND CERTIFICATION
section: 47
title: Application and interpretation of this Part
content:
47. —(1) This Part (with the exception of section 49) applies to any Singapore ship, ordinarily engaged in commercial activities, which is of 500 gross tonnage or above, engaged in international voyages, or operating from a port or between ports in another country, wherever the ship may be. (2) Section 49 applies to any Singapore ship, ordinarily engaged in commercial activities, wherever the ship may be. (3) In this Part — “anniversary date” means the day and the month of each year corresponding to the date of expiry of the relevant certificate; “international voyage” means a voyage from one country to a port or place outside that country.


document_id: msmlca-2014
provision_ref: s48
chapter: PART 8 - INSPECTION AND CERTIFICATION
section: 48
title: Maritime Labour Certificate and Declaration of Maritime Labour Compliance
content:
48. —(1) A ship must not go to sea unless — ( a ) the shipowner or the master has been issued with a valid Maritime Labour Certificate or interim Maritime Labour Certificate in respect of the ship; and ( b ) the shipowner causes to be carried on board the ship a Declaration of Maritime Labour Compliance written in English. (2) If any ship goes or attempts to go to sea in contravention of subsection (1), the shipowner and the master shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $10,000. (3) The Director or the Port Master may detain a ship until the documents referred to in subsection (1) are produced.


document_id: msmlca-2014
provision_ref: s49
chapter: PART 8 - INSPECTION AND CERTIFICATION
section: 49
title: Power to inspect ships
content:
49. —(1) Every inspection of a ship must be carried out in the manner provided in this Act. (2) The inspection of ships, as regards compliance with the requirements of this Act and other relevant written law, may be carried out by the Director, a surveyor of ships or a Recognised Organisation. (3) The Director or a surveyor of ships may, for the purposes of an inspection — ( a ) board any ship, without previous notice to the shipowner, master or person in charge of that ship, for the purposes of inspecting that ship; ( b ) inspect any ship, after giving previous notice to the shipowner, master or person in charge of that ship; ( c ) summon any person before the Director or surveyor and require the person to answer questions; ( d ) require the production of any book, logbook, certificate, register, document or other information relating to any ship; ( e ) take samples of any products, cargo, drinking water, provisions, materials or substances used or handled in the possession of any person on board any ship, as may be necessary with a view to analysing these samples; ( f ) require the display of notices, certificates or documents required by this Act or other relevant written law; and ( g ) require rectification of deficiencies that may be identified in the seafarers’ working and living conditions on any ship. (4) Any sample taken under this section must be disposed of and accounted for in such manner as the Director may direct. (5) If, in the opinion of the Director or a surveyor of ships, the working and living conditions on board a ship do not conform to the requirements of this Act or other relevant written law, the Director or surveyor of ships may by written notice require the shipowner to rectify the non‑conformity within the time specified in the notice. (6) Any shipowner who, without reasonable excuse, fails to comply with a notice issued to the shipowner under subsection (5) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: msmlca-2014
provision_ref: s50
chapter: PART 8 - INSPECTION AND CERTIFICATION
section: 50
title: Declaration of Maritime Labour Compliance
content:
50. —(1) The Director or a Recognised Organisation may issue a Declaration of Maritime Labour Compliance if satisfied that the shipowner has adopted measures to ensure ongoing compliance with the requirements of this Act and other relevant written law. (2) The Declaration of Maritime Labour Compliance must be in such form as may be prescribed by the Authority, and must comprise — ( a ) Part I, which is issued by the Director or a Recognised Organisation and identifies the list of matters for inspection, the relevant provisions of this Act and other relevant written law, any ship‑type specific requirements, any substantially equivalent provisions adopted, and any exemption granted by the Authority; and ( b ) Part II, which is drawn up by the shipowner and identifies measures undertaken by the shipowner to ensure ongoing compliance with the provisions of this Act and other relevant written law during the period between inspections, and measures proposed to ensure continuous improvement.


document_id: msmlca-2014
provision_ref: s51
chapter: PART 8 - INSPECTION AND CERTIFICATION
section: 51
title: Interim Maritime Labour Certificate
content:
51. —(1) Subject to subsection (2), the Director or a Recognised Organisation may issue an interim Maritime Labour Certificate in respect of a ship when the ship — ( a ) is a newly‑delivered ship; ( b ) changes flag; or ( c ) is new to a shipowner who assumes responsibility for the operation of the ship. (2) An interim Maritime Labour Certificate may be issued in respect of a ship for a period not exceeding 6 months if — ( a ) the Director or a Recognised Organisation determines that the ship is, as far as reasonably practicable, in compliance with this Act and other relevant written law; ( b ) the shipowner has demonstrated to the Director or Recognised Organisation (as the case may be) that — (i) the ship has in place adequate procedures to comply with this Act and other relevant written law; and (ii) the master is familiar with the requirements of this Act and other relevant written law; and ( c ) the shipowner has submitted to the Director or Recognised Organisation (as the case may be) the necessary information to enable a Declaration of Maritime Labour Compliance to be issued. (3) A shipowner must, prior to the date of expiry of the interim Maritime Labour Certificate issued in respect of the shipowner’s ship, cause a full inspection of the ship to be carried out, to enable the issuance of a Maritime Labour Certificate. (4) Only one interim Maritime Labour Certificate may be issued to a shipowner in respect of a particular ship.


document_id: msmlca-2014
provision_ref: s52
chapter: PART 8 - INSPECTION AND CERTIFICATION
section: 52
title: Issue of Maritime Labour Certificate
content:
52. —(1) The Director or a Recognised Organisation may issue a Maritime Labour Certificate in respect of a ship if — ( a ) the Director or Organisation is fully satisfied, after an initial or a renewal inspection of the ship (as the case may be) that the ship complies with the requirements of this Act and other relevant written law; and ( b ) there is issued in respect of the ship, a Declaration of Maritime Labour Compliance. (2) A ship must be subject to — ( a ) an initial inspection before the ship is put in service; ( b ) an intermediate inspection not later than the third anniversary date of the Maritime Labour Certificate; and ( c ) a renewal inspection at intervals of 5 years from the issue of the Maritime Labour Certificate. (3) An inspection referred to in subsection (2) must encompass a complete inspection of the working and living conditions on board the ship such as to ensure that the working and living conditions on board the ship fully comply with the requirements of this Act and other relevant written law. (4) The satisfactory completion of an intermediate inspection mentioned in this section must be endorsed on the Maritime Labour Certificate.


document_id: msmlca-2014
provision_ref: s53
chapter: PART 8 - INSPECTION AND CERTIFICATION
section: 53
title: Validity of Maritime Labour Certificate
content:
53. —(1) Subject to subsections (6) and (8), a Maritime Labour Certificate is valid, unless suspended or withdrawn, for a period not exceeding 5 years. [3/2019] (2) Subject to subsection (14), if a ship is found not to be in compliance with the requirements of this Act or other relevant written law, the Director or a Recognised Organisation must suspend the Maritime Labour Certificate until such time corrective action is taken to the satisfaction of the Director or Recognised Organisation, as the case may be. (3) If the corrective action mentioned in subsection (2) is not taken to the satisfaction of the Director or Recognised Organisation (as the case may be) within the period of time specified by the Director or Recognised Organisation (as the case may be) the Director may withdraw the Maritime Labour Certificate. (4) Where the Director or Recognised Organisation suspends or revalidates a Maritime Labour Certificate in respect of a ship, or where the Director withdraws a Maritime Labour Certificate in respect of a ship, the Director or Recognised Organisation (as the case may be) must immediately notify the following persons of the suspension, revalidation or withdrawal (as the case may be) of the Maritime Labour Certificate: ( a ) the Director (where the suspension or revalidation was carried out by a Recognised Organisation); ( b ) the Recognised Organisation that issued that Maritime Labour Certificate in respect of the ship (where the suspension, revalidation or withdrawal was carried out by the Director); ( c ) the shipowner; ( d ) the master of the ship. (5) When a Maritime Labour Certificate is suspended or withdrawn, the shipowner and master of the ship must on demand deliver up the certificate to the Director or Recognised Organisation, as the case may be. (6) Subject to subsections (8) and (9), when the renewal inspection is completed not more than 3 months before the expiry of the Maritime Labour Certificate, the new Maritime Labour Certificate is valid from the date of completion of the renewal inspection to a date not exceeding 5 years after the date of expiry of the existing Maritime Labour Certificate. [3/2019] (7) Subject to subsections (8) and (9), when the renewal inspection is completed more than 3 months before the expiry of the Maritime Labour Certificate, the new Maritime Labour Certificate is valid from the date of completion of the renewal inspection to a date not exceeding 5 years after the date of completion of the renewal inspection. [3/2019] (8) Where the renewal inspection in respect of a ship is completed before the expiry of the existing Maritime Labour Certificate, but the new Maritime Labour Certificate cannot immediately be issued and made available on board that ship, the Director or a Recognised Organisation may extend the validity of the existing Maritime Labour Certificate for a period not exceeding 5 months after the date the existing Maritime Labour Certificate would otherwise expire. [3/2019] (9) Where the validity of the existing Maritime Labour Certificate is extended under subsection (8), the new Maritime Labour Certificate is valid for a period not exceeding 5 years after the date of expiry of the existing Maritime Labour Certificate following the grant of the extension under that subsection. [3/2019] (10) A Maritime Labour Certificate and an interim Maritime Labour Certificate issued under this Part must be in the form prescribed by the Authority. (11) A Maritime Labour Certificate issued under section 52 ceases to be valid in any of the following circumstances: ( a ) if the intermediate inspection is not completed within the period specified in section 52(2)( b ); ( b ) if the certificate is not endorsed in accordance with section 52(4); ( c ) upon the transfer of the ship to the flag of another country; ( d ) if the shipowner ceases to assume responsibility for the operation of the ship; ( e ) when substantial changes have been made to the structure or equipment of the ship relating to accommodation, recreation, food or catering; ( f ) if the certificate is suspended, during the period of suspension; ( g ) if the certificate is withdrawn. (12) An interim Maritime Labour Certificate issued under section 51 ceases to be valid in any of the circumstances referred to in subsection (11)( c ) to ( g ). (13) A shipowner or master of a ship who becomes aware that the ship does not comply with any requirement of this Act or other relevant written law, must notify the Director of the nature of non‑compliance without delay. (14) On the application of the shipowner or master, the Director may, if satisfied that due to any unforeseen circumstances it is not reasonably practicable for the shipowner or master to comply with a requirement of this Act or other relevant written law, and that the working and living conditions of the seafarers on board will not be adversely affected, grant a dispensation of that requirement — ( a ) until the next port of call; or ( b ) for a specified period, provided that the period of dispensation does not exceed one month. (15) The Director may, in granting a dispensation under subsection (14), impose any condition as the Director thinks fit.


document_id: msmlca-2014
provision_ref: s54
chapter: PART 8 - INSPECTION AND CERTIFICATION
section: 54
title: Display of Maritime Labour Certificate and Declaration of Maritime Labour Compliance
content:
54. —(1) A shipowner must cause to be displayed in a conspicuous place on board the shipowner’s ship where it is available to seafarers — ( a ) a valid Maritime Labour Certificate and a valid Declaration of Maritime Labour Compliance in respect of that ship; or ( b ) a valid interim Maritime Labour Certificate in respect of that ship, as the case may be. (2) A shipowner must cause to be carried on board the shipowner’s ship — ( a ) a copy of the Convention; and ( b ) a copy of this Act, regulations made under this Act and other relevant written law. (3) The documents referred to in subsections (1) and (2) must be readily available for inspection on board the ship, and must be produced, on request, to seafarers employed on that ship, the Director, a surveyor of ships, authorised officers in port States and shipowners’ and seafarers’ representatives.


document_id: msmlca-2014
provision_ref: s55
chapter: PART 9 - COMPLAINTS
section: 55
title: On‑board complaint procedures
content:
55. —(1) A shipowner must ensure that there are on board the shipowner’s ship appropriate procedures to allow seafarers to make a complaint against any person in connection with any possible breach of any provision under this Act or other relevant written law. (2) The procedures mentioned in subsection (1) include — ( a ) a right to lodge a complaint directly with the master of the ship; ( b ) a right to be represented or accompanied; and ( c ) adequate safeguards to ensure that the rights of the seafarers are not prejudiced by the making of complaints. (3) On the receipt of a complaint, the master must investigate the complaint. (4) If a seafarer is not satisfied with the action taken by the master as a result of the master’s investigation, or by the master’s failure to take any action, the seafarer may state his or her dissatisfaction to the master and indicate that he or she wishes to lodge a complaint to the Director or if the ship is not in Singapore, to a port State authority. (5) On being notified of the seafarer’s dissatisfaction under subsection (4), the master must make adequate arrangements to enable the seafarer to lodge a complaint as soon as the service of the ship permits. (6) The Director must, on receiving the complaint mentioned in subsection (4), investigate the complaint. (7) A master of a ship who, without reasonable cause, fails to comply with this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: msmlca-2014
provision_ref: s56
chapter: PART 9 - COMPLAINTS
section: 56
title: Provision of complaint procedures and other information
content:
56. —(1) A shipowner must cause a copy of the procedures mentioned in section 55 to be provided to each seafarer employed on the shipowner’s ship. (2) The copy of the procedures provided to the seafarers must be in English and, if the working language of the ship is not English, also be in the working language or languages of the ship, and must include the following information: ( a ) contact information of the Authority; ( b ) contact information of the competent authority in the seafarer’s country of residence; ( c ) the names of persons on board the ship who may assist any seafarer with and advise the seafarer on a complaint.


document_id: msmlca-2014
provision_ref: s57
chapter: PART 10 - INSPECTIONS IN PORT
section: 57
title: Application of this Part
content:
57. This Part applies to — ( a ) any Singapore ship that is ordinarily engaged in commercial activities; and ( b ) any ship in Singapore, not being a Singapore ship, whether publicly or privately owned, that is ordinarily engaged in commercial activities.


document_id: msmlca-2014
provision_ref: s58
chapter: PART 10 - INSPECTIONS IN PORT
section: 58
title: Inspection of vessels in port
content:
58. —(1) A ship is subject to inspection by a surveyor of ships or any person duly authorised by the Director. (2) Subject to subsection (3), any inspection is limited to verifying that there are carried on board the ship — ( a ) a valid Maritime Labour Certificate or a valid interim Maritime Labour Certificate; and ( b ) a valid Declaration of Maritime Labour Compliance, issued under this Act in respect of a Singapore ship, or their equivalent issued under the national laws of the flag State of the ship if that ship is not a Singapore ship. (3) If any of the conditions mentioned in subsection (4) apply, the ship may be subject to a detailed inspection by a surveyor of ships or a person duly authorised by the Director, to determine whether the ship — ( a ) being a Singapore ship, is in compliance with the requirements of this Act and other relevant written law; or ( b ) being a ship that is not a Singapore ship, is in compliance with the requirements of the Convention. (4) The conditions referred to in subsection (3) are as follows: ( a ) the documents referred to in subsection (2) are not produced; ( b ) the documents referred to in subsection (2) are invalid, are not maintained, are falsely maintained, or do not contain particulars or information required by this Act or the Convention, as the case may be; ( c ) there are clear grounds for believing that the working and living conditions on board the ship do not conform to the requirements of this Act or other relevant written law, or of the Convention, as the case may be; ( d ) there are reasonable grounds for believing that the ship has changed flag for the purpose of avoiding compliance with this Act or the Convention, as the case may be; ( e ) there is a complaint alleging that specific working and living conditions on board the ship do not comply with the requirements of this Act or other relevant written law, or of the Convention, as the case may be; ( f ) the working and living conditions on board the ship could constitute a clear hazard to the safety, health or security of seafarers; ( g ) the surveyor of ships or the person duly authorised by the Director has grounds to believe that any deficiencies present constitute a serious breach of the requirements of this Act or other relevant written law, or of the Convention, as the case may be. (5) An inspection conducted on a ship that is not a Singapore ship pursuant to subsection (4)( a ), ( b ), ( c ) or ( d ) must in principle cover the matters specified in the Second Schedule. (6) An inspection conducted pursuant to subsection (4)( e ) must generally be limited to the scope of the complaint. (7) The surveyor of ships or the person duly authorised by the Director may, for the purposes of an inspection — ( a ) board any ship, without previous notice to the shipowner, master or person in charge of that ship, for the purposes of inspecting that ship; ( b ) inspect any ship, after giving previous notice to the shipowner, master or person in charge of that ship; ( c ) summon any person before him or her and require the person to answer questions; ( d ) require the production of any book, logbook, certificate, register, document or other information relating to any ship; ( e ) take samples of any products, cargo, drinking water, provisions, materials or substances used or handled in the possession of any person on board any ship, as may be necessary with a view to analysing these samples; ( f ) require the display of notices, certificates or documents required by this Act or other relevant written law, or the Convention, as the case may be; and ( g ) require rectification of deficiencies that may be identified in the seafarers’ working and living conditions on any ship. (8) Any sample taken under this section must be disposed of and accounted for in such manner as the Director may direct. (9) In this section, “complaint” means any information submitted by any seafarer, professional body, association, trade union, or person with an interest in the safety of the ship or the safety and health of the seafarers on board any ship.


document_id: msmlca-2014
provision_ref: s59
chapter: PART 10 - INSPECTIONS IN PORT
section: 59
title: Power to detain ships
content:
59. —(1) Where, following a more detailed inspection mentioned in section 58(3), a ship is found not to conform to the requirements of this Act or other relevant written law, or of the Convention (as the case may be) and — ( a ) the conditions on board are clearly hazardous to the safety, health or security of seafarers; or ( b ) the non‑conformity constitutes a serious or repeated breach of the requirements (inclusive of seafarers’ rights) of this Act or other relevant written law, or of the Convention, as the case may be, the Director must serve on the shipowner and the master of the ship a notice of detention requiring that the ship must not proceed to sea until any non‑conformity that falls within the scope of paragraph ( a ) or ( b ) has been rectified, or until the Director has accepted a plan of action to rectify the non‑conformity and is satisfied that the plan will be implemented in an expeditious manner. (2) If the ship, after service of the notice of detention, goes to sea before it is released by the Director, the shipowner and the master shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (3) If it is proved that a ship was unduly detained or delayed under this section, the Authority is liable to pay to the shipowner the shipowner’s costs of and incidental to the detention of the ship, and also compensation for any loss or damage sustained by the shipowner by reason of the detention.


document_id: msmlca-2014
provision_ref: s60
chapter: PART 11 - MISCELLANEOUS
section: 60
title: Offences by bodies corporate, etc.
content:
60. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on his or her part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on his or her part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) The Authority may, with the approval of the Minister, by regulations, provide for the application of any provision of this section, with any modifications that the Authority considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. (6) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate — means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership) — means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.


document_id: msmlca-2014
provision_ref: s61
chapter: PART 11 - MISCELLANEOUS
section: 61
title: Forgery, etc., of documents and fraudulent use
content:
61. —(1) Any person who forges, or fraudulently alters, or assists in forging or fraudulently altering, or procures or suffers to be forged or fraudulently altered — ( a ) any seafarer’s employment agreement, certificate, declaration or other document prescribed by this Act (including replacement or certified copies of those documents or certified extracts from those documents) or any entry or endorsement prescribed by this Act to be made in or on any of those documents; or ( b ) any document produced to the Director for the purposes of obtaining for the person or any other person any certificate, book or other document issued under this Act (including replacement or certified copies of those documents) or for the purposes of obtaining an entry or endorsement in or on any of those documents, shall be guilty of an offence. (2) Any person who fraudulently uses or allows any other person to fraudulently use — ( a ) any of the documents mentioned in subsection (1) which is forged, altered or otherwise false or misleading in any material particular; or ( b ) any of the documents mentioned in subsection (1)( a ) which has expired or has been cancelled or suspended, or has become invalid for any reason, shall be guilty of an offence. (3) Any person who fraudulently uses any document mentioned in subsection (1)( a ) which is issued to or issued in relation to a person, and the firstmentioned person is not that person named in the document or to which the document relates, shall be guilty of an offence. (4) Any person who allows any other person to fraudulently use any of the documents mentioned in subsection (1)( a ) which is issued to or issued in relation to a person and that other person is not the person named in that document or to which the document relates, shall be guilty of an offence. (5) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: msmlca-2014
provision_ref: s62
chapter: PART 11 - MISCELLANEOUS
section: 62
title: Document obtained by fraud
content:
62. The Director may cancel any certificate issued under this Act which is fraudulently obtained and the person to whom the certificate has been issued must, on being notified by the Director of its cancellation, forthwith deliver it or cause it to be delivered to the Director.


document_id: msmlca-2014
provision_ref: s63
chapter: PART 11 - MISCELLANEOUS
section: 63
title: Interfering with person in carrying out duty, etc.
content:
63. Any person who — ( a ) by violence, threat or intimidation hinders or interferes with or otherwise obstructs the master or an officer of a ship in performing his or her duty under this Act; or ( b ) resists or wilfully obstructs, assaults, molests or otherwise intimidates a person who is carrying out or exercising any duty, function, right or power imposed on that person by this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: msmlca-2014
provision_ref: s64
chapter: PART 11 - MISCELLANEOUS
section: 64
title: Misleading officer, refusal to answer questions, produce documents, etc.
content:
64. Any person who — ( a ) misleads any other person on whom a duty, function or power is imposed under this Act in any material particular which is likely to affect the discharge thereof; ( b ) refuses to answer any question lawfully put to the person, or to produce documents in the person’s possession or custody lawfully demanded of the person; ( c ) refuses to give all reasonable assistance to any other person who is carrying out any duty, function or power imposed on the other person under this Act; or ( d ) refuses to attend as a witness before the Director, an inspector, a surveyor of ships or a person duly authorised by the Director under section 58, or to furnish a sworn statement when required by the Director or an inspector, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: msmlca-2014
provision_ref: s65
chapter: PART 11 - MISCELLANEOUS
section: 65
title: Taking person performing duty to sea
content:
65. —(1) If any person performing his or her duties or functions under this Act is taken to sea in a ship without his or her consent, the shipowner and the master shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $10,000. (2) Upon the conviction of the shipowner and the master for an offence under subsection (1), the shipowner and the master are jointly and severally liable to pay all expenses incidental to the person’s return to duty.


document_id: msmlca-2014
provision_ref: s66
chapter: PART 11 - MISCELLANEOUS
section: 66
title: Provision as to jurisdiction in case of offences
content:
66. For the purpose of conferring jurisdiction under this Act, every offence is deemed to have been committed, and every cause of complaint to have arisen, either in the place in which the offence actually was committed or arose or in any place in which the offender or person complained against may be.


document_id: msmlca-2014
provision_ref: s67
chapter: PART 11 - MISCELLANEOUS
section: 67
title: Jurisdiction in case of offences on board ship
content:
67. Where any person is charged with having committed any offence on board any Singapore ship on the high seas or elsewhere outside Singapore and that person is found within the jurisdiction of any court in Singapore which would have had cognizance of the offence if it had been committed on board a Singapore ship within the limits of its ordinary jurisdiction, that court has jurisdiction to try the offence as if it had been so committed.


document_id: msmlca-2014
provision_ref: s68
chapter: PART 11 - MISCELLANEOUS
section: 68
title: Jurisdiction of court
content:
68. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: msmlca-2014
provision_ref: s69
chapter: PART 11 - MISCELLANEOUS
section: 69
title: Composition of offences
content:
69. —(1) The Director may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following sums: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) a sum of $3,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) The Authority may, with the approval of the Minister, make regulations to prescribe the offences that may be compounded. (4) All sums collected under this section must be paid to the Consolidated Fund.


document_id: msmlca-2014
provision_ref: s70
chapter: PART 11 - MISCELLANEOUS
section: 70
title: Sums ordered to be paid leviable by distress on ship
content:
70. Where any court has power to make an order directing payment to be made of any seafarer’s wages, fines or other sums of money, then, if the party so directed to pay the same is the shipowner employing the seafarer, and the same is not paid at the time and in the manner prescribed in the order, the court which made the order may, in addition to payment, direct the amount remaining unpaid to be levied by distress and sale of the ship and its equipment.


document_id: msmlca-2014
provision_ref: s71
chapter: PART 11 - MISCELLANEOUS
section: 71
title: Depositions to be received in evidence when witness cannot be produced
content:
71. —(1) Whenever in the course of any legal proceedings instituted before any court, or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject matter of that proceedings, then upon due proof that the witness cannot be found in Singapore, any deposition that the witness has previously made on oath in relation to the same subject matter before any judge, magistrate or any consular officer elsewhere is admissible in evidence subject to the following provisions: ( a ) if the deposition was made in Singapore, it is not admissible in any proceedings instituted in Singapore; and ( b ) if the proceedings are criminal, it is not admissible unless it was made in the presence of the person accused. (2) A deposition so made must be authenticated by the signature of the judge, magistrate or consular officer before whom it is made; and the judge, magistrate or consular officer must certify, if the fact is so, that the accused was present at the making of the deposition. (3) A deposition so made is deemed to be duly authenticated if it purports to be signed by the judge, magistrate or consular officer before whom it is made. (4) It is not necessary in any case to prove the signature or official character of the person appearing to have signed the deposition, and in any criminal proceedings a certificate under this section is, unless the contrary is proved, sufficient evidence of the accused having been present in the manner certified. (5) This section does not affect any case in which depositions taken in any proceedings are rendered admissible in evidence by any written law nor interfere with the practice of any court in which depositions not authenticated as mentioned in this section are admissible.


document_id: msmlca-2014
provision_ref: s72
chapter: PART 11 - MISCELLANEOUS
section: 72
title: Proof of attestation not required
content:
72. Where any document is required by this Act to be executed in the presence of or to be attested by any witness, that document may be proved by the evidence of any person who is able to bear witness to the requisite facts without calling the attesting witness.


document_id: msmlca-2014
provision_ref: s73
chapter: PART 11 - MISCELLANEOUS
section: 73
title: Admissibility of documents in evidence
content:
73. —(1) The following documents are admissible in evidence: ( a ) any register under Part 2 of the Merchant Shipping Act 1995 on its production from the custody of the Registrar of Singapore ships or other person having lawful custody of it; ( b ) a certificate of registry under Part 2 of the Merchant Shipping Act 1995 purporting to be signed by the Registrar of Singapore ships; ( c ) any amendment to a certificate of registry purporting to be signed by the Registrar of Singapore ships; ( d ) every declaration made pursuant to Part 2 of the Merchant Shipping Act 1995 in respect of a Singapore ship; ( e ) a declaration issued under section 50; ( f ) a certificate issued or purporting to be issued in accordance with sections 27, 51 and 52. (2) The documents mentioned in subsection (1) are, on their production from the proper custody, admissible in evidence in any court or before any person having by law or by consent of parties authority to receive evidence, and, subject to all just exceptions, are evidence of the matters stated in those documents pursuant to this Act or by any officer pursuant to his or her duties as such officer. (3) A copy of any such document or extract from the document is also admissible in evidence, if it is proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted, and that officer must furnish such certified copy or extract to any person applying at a reasonable time for the certified copy or extract, on payment of such fee as may be prescribed.


document_id: msmlca-2014
provision_ref: s74
chapter: PART 11 - MISCELLANEOUS
section: 74
title: Service of documents
content:
74. —(1) Where for the purposes of this Act, any document is to be served on any person, that document may be served — ( a ) in any case — by delivering a copy of the document personally to the person to be served, or by leaving the copy at the person’s last known place of residence or place of business; ( b ) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship — by leaving the document for the master or person on board that ship with any person being or appearing to be in command or charge of the ship; and ( c ) if the document is to be served on the master of a ship, where there is no master, and the ship is in Singapore — on the operator of the ship, or on some agent of the owner residing in Singapore, or by affixing a copy of the document at the means of access to the ship, or in any place on board the ship which appears to be frequented by people. (2) Any person who obstructs the service on the master of a ship of any document shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (3) Any shipowner or master of the ship who is party or privy to such obstruction shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: msmlca-2014
provision_ref: s75
chapter: PART 11 - MISCELLANEOUS
section: 75
title: Mode of making declarations
content:
75. —(1) Any declaration required by this Act may be made before the Director, a Justice of the Peace, a Commissioner for Oaths, a surveyor of ships or any other person authorised to take or receive a declaration by any law in force in Singapore. (2) Any declaration required by this Act may be made on behalf of a body corporate by the director, manager, secretary or other officer, or any other agent of the body corporate authorised by the body corporate for that purpose.


document_id: msmlca-2014
provision_ref: s76
chapter: PART 11 - MISCELLANEOUS
section: 76
title: Director may authorise person to exercise powers and duties
content:
76. The powers conferred and the duties imposed on the Director under this Act may, subject to his or her directions, be exercised and carried out by any officer of the Authority generally or specially authorised by name or office by the Director.


document_id: msmlca-2014
provision_ref: s77
chapter: PART 11 - MISCELLANEOUS
section: 77
title: Protection from personal liability
content:
77. No liability shall lie personally against the Director or any member, officer or employee of the Authority acting under the direction of the Director or the Authority for anything done or omitted to be done with reasonable care and in good faith in the course of or in connection with — ( a ) the exercise or purported exercise of any power under this Act; ( b ) the performance or purported performance of any function or the discharge or purported discharge of any duty under this Act; or ( c ) the compliance or purported compliance with this Act.


document_id: msmlca-2014
provision_ref: s78
chapter: PART 11 - MISCELLANEOUS
section: 78
title: Persons appointed or authorised under Act deemed public servants
content:
78. Every person appointed or authorised under this Act for any of the purposes of this Act, when acting pursuant to any such purpose, is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: msmlca-2014
provision_ref: s79
chapter: PART 11 - MISCELLANEOUS
section: 79
title: Powers of Authority to prescribe fees, recovery of fees and application of moneys
content:
79. —(1) The Authority may, with the approval of the Minister, make regulations prescribing the fees to be paid in respect of the issue or recording of any certificate or other document or the doing of any other thing pursuant to this Act. (2) All fees prescribed under this Act must be paid to the Authority. (3) All fees due to or which may be recovered by the Authority under this Act are, without affecting any other remedy, recoverable in the same manner as salvage is recoverable. (4) The Authority may, where it considers appropriate in a particular case, waive, refund or remit the whole or any part of any fee paid or payable to it. (5) All moneys recovered or received under this Act must be paid to the Authority. (6) In this section, “fees” includes — ( a ) the fees in respect of any certificate or document issued under this Act; and ( b ) the fees in respect of services rendered to or in relation to a ship by the Director or a person authorised by the Director.


document_id: msmlca-2014
provision_ref: s80
chapter: PART 11 - MISCELLANEOUS
section: 80
title: Exemption on application
content:
80. —(1) The Director may, on the application of any person, exempt that person from complying with any requirement of this Act or any regulations made under this Act. (2) An exemption under subsection (1) — ( a ) must not be inconsistent with Singapore’s obligations under the Convention; ( b ) may be granted subject to such terms or conditions as the Director considers appropriate; ( c ) has effect for such period as the Director considers appropriate; and ( d ) must be in writing and sent by the Director to the person to whom the exemption is granted. (3) The Director must notify any applicant in writing of its decision under subsection (1) not to grant an exemption. (4) An exemption under subsection (1), unless previously revoked in accordance with the terms of the exemption or under subsection (5), continues in force for the period specified in the exemption. (5) The Director may, on the application of any person — ( a ) extend the period for which an exemption granted under subsection (1) has effect; ( b ) vary or revoke any existing term or condition specified in an exemption granted under subsection (1); ( c ) revoke, whether wholly or partly, any exemption granted to a person under subsection (1); or ( d ) impose additional terms or conditions in an exemption granted under subsection (1).


document_id: msmlca-2014
provision_ref: s81
chapter: PART 11 - MISCELLANEOUS
section: 81
title: Amendment of Schedules
content:
81. —(1) The Minister may, after consulting the Authority, by order in the Gazette , add to or amend any of the Schedules. (2) The Minister may, in any order made under subsection (1), make such saving or transitional provisions as may be necessary or expedient.


document_id: msmlca-2014
provision_ref: s82
chapter: PART 11 - MISCELLANEOUS
section: 82
title: Regulations
content:
82. —(1) The Authority may, with the approval of the Minister, make any regulations that may be necessary or expedient — ( a ) for carrying out the purposes and provisions of this Act and for the due administration of this Act; ( b ) for prescribing anything which may be prescribed under this Act; and ( c ) for the purpose of giving effect to any provision of the Convention which has not been given effect to in this Act. (2) Without limiting subsection (1), regulations may be made to — ( a ) prescribe the form of any document or certificate that may be required and to prescribe different forms for different circumstances; ( b ) make different provision for different descriptions of persons or ships or for persons or ships of the same description in different circumstances; ( c ) prescribe the standards of medical fitness and conditions to be satisfied by a seafarer; ( d ) prescribe the conditions to be complied with for recognition of medical practitioners qualified to assess the medical fitness of seafarers and for medical certification; ( e ) prescribe the contents of a medical fitness certificate; ( f ) provide for the recognition by the Director of foreign medical fitness certificates on such conditions as the Director may determine; ( g ) provide for the registration of provisions in a collective agreement or other agreement between a seafarer and shipowner setting out exceptions to hours of rest; ( h ) regulate the conditions under which a young seafarer may be employed in night work; ( i ) regulate the manner and method for calculating wages for normal hours of work and overtime; ( j ) prescribe the information relating to wages that is to be provided to a seafarer; ( k ) regulate the manner and method of payment and allotment of wages; ( l ) prescribe the requirements for the repatriation of seafarers; ( m ) provide for the recognition by the Director of foreign qualifications for qualified cooks on such conditions as the Director may determine; ( n ) prescribe the requirements for the training of catering staff and persons processing food in the galley; ( o ) regulate the issuance, cancellation, suspension and alteration of a certificate of proficiency as a ship’s cook; ( p ) prescribe the costs of repatriation that may be recoverable by a seafarer from a shipowner; ( q ) prescribe the standards of training of seafarers in medical care and medical first‑aid, and to regulate the issuance of certificates of proficiency in relation thereto; ( r ) prescribe the requirements for a medicine chest, medical equipment and medical guide to be carried on board a ship, and for their inspection and maintenance; ( s ) define the types of injury or sickness of a seafarer that a shipowner may be liable to bear the costs or provide financial security for; ( t ) prescribe the occupational safety and health programmes to be adopted on a ship, and measures to prevent occupational accidents, injuries and diseases on board a ship; ( u ) prescribe the standards relating to occupational safety and health on board a ship, having regard to recognised international standards; ( v ) prescribe the requirements for the reporting of any occupational accident, injury or disease on board a ship; ( w ) provide for the implementation of safeguards and safety measures on board Singapore ships and the duties of the shipowner, master or seafarers in relation to the implementation of the safeguards and safety measures; ( x ) provide for the conduct of any risk assessment or safety and health arrangement on board Singapore ships and the duties of the shipowner, master or seafarers in relation to the conduct of the risk assessment or the safety and health arrangement; ( y ) regulate the keeping of records of any inspection conducted by a master under section 41(2); ( z ) prescribe the terms and conditions that a contract of insurance or other financial security mentioned in section 34(2) must contain, including — (i) terms and conditions relating to all or any of the following: (A) scope of coverage; (B) right of seafarers covered by the contract of insurance or other financial security to claim under the contract of insurance or other financial security; (C) submission and handling of claims; (D) interim payments; (E) minimum service standards; (ii) a condition that the liability of the provider of the insurance or other financial security under the contract of insurance or other financial security will not cease before the end of the period of validity of the contract of insurance or other financial security, unless the provider has given the Director prior notice of the pending cessation of liability of such minimum length as may be prescribed; and (iii) any other term or condition necessary or desirable to ensure that the contract of insurance or other financial security meets the requirements of section 34; ( za ) prescribe the terms and conditions that a contract of insurance or other financial security mentioned in section 34(2) must not contain; ( zb ) provide that terms and conditions contained in a contract of insurance or financial security mentioned in section 34(2) in breach of any prescription mentioned in paragraph ( za ) are to be treated as having no effect; ( zc ) provide for — (i) a certificate of the contract of insurance or other financial security mentioned in section 34(2) to be carried, and displayed, on board the ship to which the certificate relates; and (ii) the form of the certificate; ( zd ) require a shipowner to give prior notification of the cancellation or termination of the contract of insurance or other financial security mentioned in section 34(2) to the seafarers to whom the contract of insurance or other financial security relates; and ( ze ) require the person who provides insurance or other financial security under a contract of insurance or other financial security mentioned in section 34(2) to give notice to the Director if the contract of insurance or other financial security is cancelled or terminated. [29/2016] (3) The Authority may, in making any regulations under this section, provide that any contravention of any of the provisions of the regulations shall be an offence punishable with a fine not exceeding $10,000.


document_id: msmlca-2014
provision_ref: s83
chapter: PART 11 - MISCELLANEOUS
section: 83
title: Saving and transitional provisions
content:
83. —(1) Any seaman’s discharge book or any certificate of discharge issued under regulations made under section 54 of the Merchant Shipping Act 1995 before 1 April 2014 is deemed to be a seafarer’s discharge book or a certificate of discharge issued under regulations made under section 14(14) of this Act. (2) Where a seaman is discharged before 1 April 2014 from a ship to which this Act applies, the Merchant Shipping Act 1995 in force immediately before that date continues to apply in respect of any unpaid wages due to that seaman under a crew agreement relating to the ship. (3) Where an allotment note is issued before 1 April 2014 in accordance with regulations made under section 62 of the Merchant Shipping Act 1995 in respect of wages which a seaman will become entitled in the course of employment on a ship to which this Act applies, the Merchant Shipping Act 1995 in force immediately before that date continues to apply in relation to the allotment note, including its enforcement. (4) Where a seaman suffers sickness or an injury before 1 April 2014, section 75 of the Merchant Shipping Act 1995 in force immediately before that date continues to apply in relation to the liability for expenses and compensation relating to such sickness or injury. (5) Sections 35 and 36 of this Act apply in relation to a sickness or injury occurring on or after 1 April 2014. [86


document_id: mswra-2017
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “affected State” means the State in whose Convention area the wreck is located; “Authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996; “Convention” means the Nairobi International Convention on the Removal of Wrecks, 2007, the text of which is in the First Schedule; “Convention area” means the exclusive economic zone of a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured; “court”, in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate; “damage” includes loss; “Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that section; “gross tonnage”, in relation to a ship, means its gross tonnage calculated in accordance with the regulations in Annex 1 of the International Convention on Tonnage Measurement of Ships, 1969 and any amendment to it which has come into force and has been accepted by the Government, or any successor convention accepted by the Government; “hazard” means any condition or threat that — ( a ) poses a danger or impediment to navigation; or ( b ) may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of one or more States; “International Safety Management Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention 2002 adopted by the International Maritime Organization, and any amendment to it which has come into force and has been accepted by the Government; “maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo; “master”, in relation to a ship, includes every person, except a pilot, having command or charge of the ship; “operator”, in relation to a ship, means — ( a ) the owner of the ship; or ( b ) any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code; “owner”, in relation to a ship, means the owner, and includes the registered owner; “port”, in relation to Singapore, has the meaning given by the Maritime and Port Authority of Singapore Act 1996; “registered owner”, in relation to a ship, means — ( a ) the person registered as the owner of the ship; or ( b ) in the absence of registration, the person owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator; “related interests” means the interests of a coastal State directly affected or threatened by a wreck, such as — ( a ) maritime coastal, port and estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned; ( b ) tourist attractions and other economic interests of the area concerned; ( c ) the health of the coastal population and the wellbeing of the area concerned, including conservation of marine living resources and of wildlife; and ( d ) offshore and underwater infrastructure; “removal” means any form of prevention, mitigation or elimination of the hazard created by a wreck; “ship” means a seagoing vessel of any type whatsoever, and includes hydrofoil boats, air‑cushion vehicles, submersibles, floating craft and floating platforms, except when those platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources; “Singapore ship” means a ship — ( a ) that is registered, provisionally or otherwise, under Part 2 of the Merchant Shipping Act 1995; and ( b ) which registry is not closed or deemed to be closed or suspended under that Part; “Singapore’s Convention area” means the exclusive economic zone of Singapore; “State Party” means a State in respect of which the Convention is in force; “wreck”, following upon a maritime casualty, means — ( a ) a sunken or stranded ship; ( b ) any part of a sunken or stranded ship, including any object that is or has been on board such a ship; ( c ) any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or ( d ) a ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken.


document_id: mswra-2017
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application
content:
3. Nothing in this Act applies in relation to any wreck following upon a maritime casualty occurring before 8 September 2017.


document_id: mswra-2017
provision_ref: s4
chapter: PART 2 - REPORTING OF WRECKS
section: 4
title: Reporting of wrecks
content:
4. —(1) Where a Singapore ship is involved in a maritime casualty resulting in a wreck in a Convention area other than Singapore’s Convention area, the master or the operator of that ship must report the wreck to the government of the affected State without delay. (2) Where a Singapore ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area, the master or the operator of that ship must report the wreck to the Director without delay. (3) The report mentioned in subsections (1) and (2) must contain — ( a ) the name and principal place of business of the registered owner of the ship involved in the maritime casualty; and ( b ) so far as it is known, the following information: (i) the precise location of the wreck; (ii) the type, size and construction of the wreck; (iii) the nature of the damage to, and the condition of, the wreck; (iv) the nature and quantity of the cargo, in particular any hazardous and noxious substances; (v) the amount and types of oil, including bunker oil and lubricating oil, on board. (4) If any of the persons mentioned in subsection (1) or (2) makes a report under that subsection, the other person mentioned in that subsection is not required to make the report. (5) If a report required to be made under subsection (1) or (2) is not made, the master and the operator of the ship shall each be guilty of an offence. (6) If the report made under subsection (1) or (2) does not comply with subsection (3), the master or the operator of the ship who made the report shall be guilty of an offence. (7) A master or an operator of a ship who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000.


document_id: mswra-2017
provision_ref: s5
chapter: PART 3 - LOCATING, MARKING AND REMOVAL OF WRECKS
section: 5
title: Application of this Part
content:
5. This Part applies where a ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area.


document_id: mswra-2017
provision_ref: s6
chapter: PART 3 - LOCATING, MARKING AND REMOVAL OF WRECKS
section: 6
title: Locating and marking of wrecks
content:
6. Upon becoming aware of a wreck, the Director must take all reasonable steps to ensure Singapore’s compliance with its obligations under Articles 7 and 8 of the Convention.


document_id: mswra-2017
provision_ref: s7
chapter: PART 3 - LOCATING, MARKING AND REMOVAL OF WRECKS
section: 7
title: Measures to facilitate wreck removal
content:
7. —(1) Where a wreck has been determined by the Director to constitute a hazard, the Director must take all reasonable steps to give a notice requiring the registered owner of the ship involved in the maritime casualty resulting in the wreck to — ( a ) remove the wreck; and ( b ) provide evidence of insurance or other financial security as required by any regulations made under this Act. (2) The notice must be in writing and must — ( a ) specify a reasonable deadline within which the registered owner must remove the wreck, taking into account the nature of the hazard as determined by the Director; ( b ) specify that if the registered owner does not remove the wreck within that deadline, the Director may remove the wreck at the registered owner’s expense; and ( c ) state the Director’s intention to intervene immediately in circumstances where the hazard becomes particularly severe. (3) The notice may specify conditions as to the removal of the wreck to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment.


document_id: mswra-2017
provision_ref: s8
chapter: PART 3 - LOCATING, MARKING AND REMOVAL OF WRECKS
section: 8
title: Removal of wrecks
content:
8. —(1) The Director may remove a wreck which the Director has determined to constitute a hazard — ( a ) where the registered owner of the ship does not remove the wreck within the deadline specified in the notice mentioned in section 7(2); ( b ) where the registered owner of the ship cannot be contacted; or ( c ) where the Director has determined that having regard to the nature of the hazard immediate action must be taken to remove the wreck. (2) Where the Director removes a wreck under subsection (1), the Director must do so by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment. (3) The Director — ( a ) may sell any wreck, free of liens and encumbrances and in the manner the Director thinks fit; ( b ) may take out of the proceeds of the sale of the wreck the expenses incurred by the Director in relation to the sale as reimbursement; and ( c ) must hold the surplus of the proceeds of the sale (if any) in trust for the persons entitled to the surplus of the proceeds of sale.


document_id: mswra-2017
provision_ref: s9
chapter: PART 3 - LOCATING, MARKING AND REMOVAL OF WRECKS
section: 9
title: Determination of hazard
content:
9. The Director must take into account the matters set out in Article 6 of the Convention when determining — ( a ) whether a wreck constitutes a hazard under section 7(1) or 8(1); or ( b ) the nature of the hazard under section 7(2)( a ) or 8(1)( c ).


document_id: mswra-2017
provision_ref: s10
chapter: PART 4 - CIVIL LIABILITY FOR WRECK REMOVAL
section: 10
title: Liability of registered owner
content:
10. —(1) This section applies where — ( a ) a ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area; and ( b ) costs are incurred by the Director for locating, marking and removing the wreck under Part 3. (2) Subject to subsections (3) and (4), the registered owner of the ship is liable for the Director’s costs. (3) The registered owner of a ship is not liable for the Director’s costs if or to the extent that liability for the costs would conflict with — ( a ) a convention listed in paragraph 1 of Article 11 of the Convention if Singapore is a party to the convention and the convention is in force in Singapore; ( b ) any enactment implementing such a convention; or ( c ) any other provision specified in an order made by the Authority, with the approval of the Minister, and published in the Gazette . (4) The registered owner of a ship is not liable for the Director’s costs if the registered owner of the ship proves that an exception set out in paragraph 1( a ), ( b ) or ( c ) of Article 10 of the Convention applies. (5) Where the registered owner of each of 2 or more ships is liable for costs under this section but the costs for which each is liable cannot reasonably be separated, the registered owners are jointly liable for the total costs. (6) For the purposes of this section, a reference to the registered owner of the ship is a reference to the registered owner of the ship involved in the maritime casualty resulting in the wreck at the time of the maritime casualty.


document_id: mswra-2017
provision_ref: s11
chapter: PART 4 - CIVIL LIABILITY FOR WRECK REMOVAL
section: 11
title: Restriction of liability for costs
content:
11. No claim for the costs mentioned in section 10(2) may be made against the registered owner of the ship otherwise than in accordance with the provisions of this Act.


document_id: mswra-2017
provision_ref: s12
chapter: PART 4 - CIVIL LIABILITY FOR WRECK REMOVAL
section: 12
title: Limitation of liability under section 10
content:
12. If a registered owner of a ship incurs liability under section 10, that liability may be limited in accordance with and in the manner provided in Part 8 of the Merchant Shipping Act 1995, as if paragraph 1( d ) and ( e ) of Article 2 of the Convention on Limitation of Liability for Maritime Claims, 1976 has the force of law in Singapore.


document_id: mswra-2017
provision_ref: s13
chapter: PART 4 - CIVIL LIABILITY FOR WRECK REMOVAL
section: 13
title: Extinguishment of claims
content:
13. An action to recover costs incurred under section 10 may not be brought unless the action is commenced on or before the earlier of the following: ( a ) the end of the period of 3 years after the date on which the notice by the Director is given under section 7; ( b ) the end of the period of 6 years after the date of the maritime casualty which resulted in the wreck. Division 2 &#x2014; Compulsory insurance


document_id: mswra-2017
provision_ref: s14
chapter: PART 4 - CIVIL LIABILITY FOR WRECK REMOVAL
section: 14
title: Application and interpretation of this Division
content:
14. —(1) This Division applies to a ship, other than an excluded ship, having a gross tonnage of 300 or above. (2) In this Division — “covered by wreck removal insurance”, in respect of a ship, means that there is in force in respect of the ship wreck removal insurance; “excluded ship” means a ship specified in the Second Schedule; “foreign ship” means a ship other than a Singapore ship; “wreck removal insurance” means a contract of insurance or other financial security satisfying the requirements of Article 12 of the Convention.


document_id: mswra-2017
provision_ref: s15
chapter: PART 4 - CIVIL LIABILITY FOR WRECK REMOVAL
section: 15
title: Compulsory insurance against liability for wreck removal
content:
15. —(1) A Singapore ship may not enter or leave a port in Singapore, or a port in a country other than Singapore, unless — ( a ) the ship is covered by wreck removal insurance; ( b ) the Director has certified that the ship is covered by wreck removal insurance; and ( c ) a copy of the Director’s certificate is carried on board the ship. (2) A foreign ship may not enter or leave a port in Singapore unless — ( a ) the ship is covered by wreck removal insurance; and ( b ) there is carried on board the ship written evidence of paragraph ( a ). (3) The master of a ship must — ( a ) ensure that the certificate mentioned in subsection (1)( c ) or the written evidence mentioned in subsection (2)( b ) (as the case may be) is carried on board the ship; and ( b ) on demand, produce the certificate or the written evidence (as the case may be) to — (i) any officer of the Authority; or (ii) any consular officer within the meaning of section 2(1) of the Merchant Shipping Act 1995. (4) If — ( a ) a Singapore ship enters or leaves, or a person attempts to navigate the ship into or out of, a port in Singapore or any other country in contravention of subsection (1); or ( b ) a foreign ship enters or leaves, or a person attempts to navigate the ship into or out of, a port in Singapore in contravention of subsection (2), the master and the operator of the ship shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000. (5) A master of a ship who fails to comply with subsection (3)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. (6) If a person attempts to navigate a ship into or out of a port in Singapore in contravention of subsection (4), the ship may be detained by — ( a ) the Director; ( b ) an officer of the Authority; ( c ) a police officer; or ( d ) a commissioned officer on full pay in the Singapore Armed Forces. (7) Section 209 of the Merchant Shipping Act 1995 applies to the detention of a ship under this Act with the necessary modifications. (8) In this section, a reference to a port includes — ( a ) in the case of a port in Singapore — any offshore facility in the territorial sea of Singapore; and ( b ) in the case of a port in a country other than Singapore — an offshore facility in the territorial sea of that country.


document_id: mswra-2017
provision_ref: s16
chapter: PART 4 - CIVIL LIABILITY FOR WRECK REMOVAL
section: 16
title: Issue of certificates
content:
16. —(1) The registered owner of a Singapore ship may apply to the Director for a certificate that the ship is covered by wreck removal insurance for the period for which the certificate will relate. (2) Subject to subsection (3), the Director must issue the certificate upon an application under subsection (1) if the Director is satisfied that the ship is covered by wreck removal insurance for the period for which the certificate will relate. (3) The Director may refuse to issue the certificate if the Director has any doubt as to — ( a ) whether the obligations of the person providing the wreck removal insurance will be met; or ( b ) whether the insurance will satisfy the requirements of Article 12 of the Convention in all circumstances. (4) The registered owner of a foreign ship registered in any country that is not a State Party may also apply to the Director for a certificate that the ship is covered by wreck removal insurance for the period for which the certificate will relate. (5) The Director may, upon an application under subsection (4) — ( a ) issue the certificate if the Director is satisfied that the ship is covered by wreck removal insurance for the period for which the certificate will relate; and ( b ) without prejudice to any other ground, refuse to issue the certificate on a ground mentioned in subsection (3). (6) The Director must — ( a ) maintain a record of any certificate issued under this section; and ( b ) make the record available for public inspection.


document_id: mswra-2017
provision_ref: s17
chapter: PART 4 - CIVIL LIABILITY FOR WRECK REMOVAL
section: 17
title: Rights of third parties against insurers
content:
17. —(1) This section applies where — ( a ) a ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area; and ( b ) at the time of the maritime casualty, the ship is covered by wreck removal insurance. (2) If the registered owner of the ship is liable for the Director’s costs of locating, marking and removing the wreck under section 10, the Director may recover the costs from the person providing the wreck removal insurance (called in this section the insurer). (3) It is a defence for the insurer in a claim under this section to prove that the maritime casualty was caused by the wilful misconduct of the registered owner of the ship. (4) The insurer may also rely on any defences available to the registered owner of the ship. (5) The insurer may limit its liability in respect of a claim made under this section in the same manner and to the same extent as the registered owner of the ship may limit its liability and may do so whether or not the maritime casualty resulted from any act or omission of the registered owner. Division 3 &#x2014; Supplementary


document_id: mswra-2017
provision_ref: s18
chapter: PART 4 - CIVIL LIABILITY FOR WRECK REMOVAL
section: 18
title: Jurisdiction of Singapore courts and registration of foreign judgments
content:
18. Section 3(1)( i ) of the High Court (Admiralty Jurisdiction) Act 1961 is to be construed as extending to any claim in respect of a liability incurred by the registered owner of a ship under this Part.


document_id: mswra-2017
provision_ref: s19
chapter: PART 4 - CIVIL LIABILITY FOR WRECK REMOVAL
section: 19
title: Saving for recourse actions
content:
19. Nothing in this Part affects any claim, or the enforcement of any claim, that a person incurring any liability under this Part may have against another person in respect of that liability.


document_id: mswra-2017
provision_ref: s20
chapter: PART 5 - MISCELLANEOUS
section: 20
title: Government ship
content:
20. —(1) Subject to subsection (3), nothing in this Act applies in relation to — ( a ) any warship; or ( b ) any ship for the time being used by the government of any State otherwise than for commercial purposes. (2) Section 15 does not apply to a ship that is owned by a State Party if there is carried on board the ship a certificate issued by the State Party stating — ( a ) that the ship is owned by the State Party; and ( b ) that any liability under section 10 will be met up to the limit prescribed by section 12. (3) Subject to subsection (2), Part 4 applies to a ship mentioned in subsection (1)( a ) or ( b ) if specified in a notice under paragraph 3 of Article 4 of the Convention.


document_id: mswra-2017
provision_ref: s21
chapter: PART 5 - MISCELLANEOUS
section: 21
title: Power of arrest
content:
21. An officer of the Authority or a police officer who reasonably believes that a person has committed an offence under this Act may, without warrant, arrest that person and take that person before a Magistrate’s Court to be dealt with according to law.


document_id: mswra-2017
provision_ref: s22
chapter: PART 5 - MISCELLANEOUS
section: 22
title: Authority’s officers to exercise powers and duties
content:
22. The powers conferred and the duties imposed on the Director under this Act may, subject to the Director’s directions, be exercised and carried out by any officer of the Authority generally or specially authorised by name or office by the Director.


document_id: mswra-2017
provision_ref: s23
chapter: PART 5 - MISCELLANEOUS
section: 23
title: Power to board and search ship
content:
23. —(1) An authorised officer who has reason to believe that an offence has been committed under this Act may — ( a ) board any ship; ( b ) enter and search any place; ( c ) inspect and examine any ship or place; ( d ) summon any person who appears to be acquainted with the circumstances of the case before the authorised officer and examine that person orally; ( e ) require any person who appears to be acquainted with the circumstances of the case to provide any information or produce any record or document (or copy of any record or document) in the possession or under the custody or control of that person; ( f ) seize any book, paper, document, record, electronic material or other thing found in the ship or place which may provide evidence of the commission of an offence under this Act; and ( g ) make copies of, or take extracts from or samples of, any book, paper, document, record, electronic material or other thing provided, produced or seized (as the case may be) under this subsection. (2) If a person summoned by an authorised officer under subsection (1)( d ) fails to attend as summoned, the authorised officer may report the failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the summons. (3) A person examined under subsection (1)( d ) is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose him or her to a criminal charge, penalty or forfeiture. (4) A statement made by a person examined under subsection (1)( d ) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that he or she understands; and ( d ) after correction (if necessary), be signed by the person. (5) Any person who — ( a ) assaults, hinders, impedes or obstructs the authorised officer in the performance of the authorised officer’s duties under this section; ( b ) wilfully misstates, or without lawful excuse refuses to give, any information when examined by an authorised officer under subsection (1)( d ); or ( c ) without lawful excuse, refuses to provide any information or produce any record or document (or a copy of any record or document) required of the person by an authorised officer under subsection (1)( e ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. (6) In this section, “authorised officer” means the Director or an officer of the Authority who is authorised by the Director to exercise any of the powers mentioned in subsection (1).


document_id: mswra-2017
provision_ref: s24
chapter: PART 5 - MISCELLANEOUS
section: 24
title: Offences by corporations
content:
24. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual who is involved in the management of the corporation and is in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member was a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: mswra-2017
provision_ref: s25
chapter: PART 5 - MISCELLANEOUS
section: 25
title: Offences by unincorporated associations or partnerships
content:
25. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual who is involved in the management of the unincorporated association or partnership and who is in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: mswra-2017
provision_ref: s26
chapter: PART 5 - MISCELLANEOUS
section: 26
title: Protection from personal liability
content:
26. No liability shall lie personally against the Director, or any member, officer or employee of the Authority acting under the direction of the Director or the Authority who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.


document_id: mswra-2017
provision_ref: s27
chapter: PART 5 - MISCELLANEOUS
section: 27
title: Extra-territoriality
content:
27. Where an offence under section 4 or 15 is committed in relation to a Singapore ship outside Singapore, the master or the operator of the ship, or both (as the case may be) may be dealt with as if the offence has been committed in Singapore.


document_id: mswra-2017
provision_ref: s28
chapter: PART 5 - MISCELLANEOUS
section: 28
title: Composition of offences
content:
28. —(1) The Director may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund. (4) The Director, and the members, officers and employees of the Authority, in relation to the administration, assessment and collection of the composition sums payable under this section, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act is to apply to such persons even though they are not or were not in the employment of the Government.


document_id: mswra-2017
provision_ref: s29
chapter: PART 5 - MISCELLANEOUS
section: 29
title: Exemption
content:
29. The Authority may, with the approval of the Minister, by order in the Gazette , exempt any person or ship, or class or description of persons or ships, from any provision of this Act, or any regulations made under this Act.


document_id: mswra-2017
provision_ref: s30
chapter: PART 5 - MISCELLANEOUS
section: 30
title: Amendment of Schedules
content:
30. The Minister may, by order in the Gazette — ( a ) amend the First Schedule for the purpose of giving effect to the Convention, including any amendment to the Convention that is binding on Singapore; and ( b ) amend the Second Schedule.


document_id: mswra-2017
provision_ref: s31
chapter: PART 5 - MISCELLANEOUS
section: 31
title: Regulations
content:
31. —(1) The Authority may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters: ( a ) prescribe the fees to be paid for the purposes of this Act; ( b ) provide for the cancellation and delivery up to the Director of a certificate issued under section 16; ( c ) prescribe the offences under this Act that may be compounded; ( d ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both; ( e ) provide for any other matter which is required or authorised by any provision of this Act to be provided for by regulations.


document_id: mta-2021
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “ASEAN Framework Agreement on Multimodal Transport” means the ASEAN Framework Agreement on Multimodal Transport, signed at Vientiane, Lao People’s Democratic Republic, on 17 November 2005; “ASEAN member country” means a country declared by the Minister, by notification in the Gazette , as having ratified or acceded to the ASEAN Framework Agreement on Multimodal Transport; “carrier”, in relation to any goods that are the subject of a multimodal transport contract, means a person who performs or undertakes to perform the carriage, or part of the carriage, of the goods by any mode of transport, whether or not the person is the multimodal transport operator of the contract; “consignee”, in relation to any goods that are the subject of a multimodal transport contract, means the person entitled under the multimodal transport contract to receive the goods from the multimodal transport operator of the contract; “consignor”, in relation to any goods that are the subject of a multimodal transport contract, means the person who concluded the contract with another person under which the other person is to be the multimodal transport operator; “deliver”, in relation to any goods that are the subject of a multimodal transport contract, means — ( a ) the handing over of the goods to the consignee of the goods; ( b ) the placing of the goods at the disposal of the consignee of the goods in accordance with the multimodal transport contract or with the law or usage of the particular trade applicable at the place specified in the multimodal transport contract for the delivery of the goods; or ( c ) the handing over of the goods to an authority or any other party to whom, in accordance with the laws applicable at the place specified in the multimodal transport contract for the delivery of the goods, the goods must be handed over; “goods” means any property (including any container, pallet or similar article of transport or packaging not supplied by a multimodal transport operator), whether such property is or is to be carried on or under the deck of a conveyance; “international multimodal transport” means the carriage of goods on the basis of a multimodal transport contract by at least 2 different modes of transport — ( a ) from a place in a country at which the goods are taken in charge by the multimodal transport operator of the contract; ( b ) to a place designated for the delivery of the goods situated in a different country; “mandatory law” means any law of Singapore, or any international convention forming part of the law of Singapore, relating to the carriage of goods, the provisions of which cannot be departed from by contractual stipulations detrimental to the consignor or consignee; “mode of transport” means transport by road, rail, inland waterways, sea or air; “multimodal transport contract” means a contract whereby a multimodal transport operator undertakes, against payment of freight, to perform or to procure the performance of international multimodal transport of goods; “multimodal transport document” means a document which evidences — ( a ) a multimodal transport contract for the international multimodal transport of any goods; ( b ) the taking in charge of the goods by the multimodal transport operator of the contract; and ( c ) an undertaking by the multimodal transport operator to deliver the goods in accordance with the terms of the contract; “multimodal transport operator” means any person who — ( a ) on the person’s own behalf or through another person acting on the person’s behalf, concludes a multimodal transport contract for the international multimodal transport of any goods; ( b ) acts as a principal (and not as an agent of or on behalf of the consignor or of any carrier participating in the international multimodal transport of the goods); ( c ) assumes responsibility for the performance of the multimodal transport contract; and ( d ) is under the register of the Singapore competent national body or the competent national body of an ASEAN member country; “registration certificate” means a document issued by the Singapore competent national body certifying that a multimodal transport operator is included in the register of the Singapore competent national body; “Singapore competent national body” means the person or authority authorised by the Minister, by notification in the Gazette , as the competent national body of Singapore, for the purposes of the ASEAN Framework Agreement on Multimodal Transport; “special drawing right” or “SDR” means the unit of account by that name as defined by the International Monetary Fund on its official website at https://www.imf.org/; “taking in charge”, in relation to any goods that are the subject of a multimodal transport contract, means the goods have been handed over and accepted for carriage by the multimodal transport operator of the contract; “writing” — ( a ) means a mode of representing or reproducing words, figures or symbols in a visible form; and ( b ) includes telegram, telex, fax or any other means which prints, records, repeats or transmits messages by mechanical or electronic means, or by any other kind of instrument or apparatus intended for such purposes. (2) To avoid doubt, the carriage of goods (or any pick‑up, delivery or other operations) by only one mode of transport under a contract is not to be taken as an international multimodal transport of those goods. (3) In this Act, where a container, pallet or similar article of transport is loaded with more than one package or shipping unit, each of the packages or shipping units enumerated in a multimodal transport document as packed in such article of transport is considered a separate package or shipping unit; otherwise such article of transport is considered the package or shipping unit.


document_id: mta-2021
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application of Parts 3 to 6
content:
3. —(1) Parts 3 to 6 apply in relation to any civil claim relating to the carriage of goods that are the subject of a multimodal transport contract but only if either or both of the following are satisfied: ( a ) the place for the taking in charge of the goods by the multimodal transport operator of the contract as specified in the contract is located in Singapore or an ASEAN member country; ( b ) the place for delivery of the goods by the multimodal transport operator of the contract as specified in the contract is located in Singapore or an ASEAN member country. (2) Subsection (1) applies to any civil claim whether founded in contract or tort, and whether made against the multimodal transport operator, any servant or agent of the multimodal transport operator, or other person whose services the multimodal transport operator has used to perform the contract.


document_id: mta-2021
provision_ref: s4
chapter: PART 2 - REGISTRATION UNDER REGISTER OF
section: 4
title: Registration
content:
4. —(1) A person who desires to be under the register of the Singapore competent national body must apply to the Singapore competent national body for a registration certificate under this section. (2) An application under subsection (1) must — ( a ) be made in the form and manner that the Singapore competent national body requires; ( b ) be accompanied by the prescribed non‑refundable application fee; and ( c ) include such information as may be prescribed. (3) Upon receiving an application under subsection (1), the Singapore competent national body may — ( a ) issue a registration certificate to the person, with or without conditions, certifying that the person has been entered in the register of the Singapore competent national body; or ( b ) refuse to issue a registration certificate. (4) The Singapore competent national body must not issue a registration certificate to an applicant unless the applicant — ( a ) is carrying on, or intends to carry on, the business of international multimodal transport and is — (i) a company registered under the Companies Act 1967; or (ii) a person whose business name is registered under the Business Names Registration Act 2014; ( b ) has a principal place of business in Singapore; ( c ) has an insurance, a bond, a guarantee, or any other financial arrangements acceptable to the Singapore competent national body to cover payment (in whole or in part) for any claim arising from any loss, damage or delay in the delivery of goods under a multimodal transport contract, as well as any contractual risk assumed by the applicant in relation to the performance of the carriage of any goods under a multimodal transport contract; ( d ) maintains the prescribed minimum assets, or provides an equivalent guarantee acceptable to the Singapore competent national body; and ( e ) satisfies such other requirements as may be prescribed. (5) A registration certificate issued under subsection (3)( a ) is valid for one year, unless it is earlier cancelled under section 6. (6) The Singapore competent national body may at any time add to, vary or revoke any of the conditions of a registration certificate. (7) Where the Singapore competent national body refuses to issue a registration certificate to an applicant, the Singapore competent national body must state in writing its reasons for refusal if requested to do so by the applicant. (8) Any applicant who is aggrieved by the refusal of the Singapore competent national body to issue a registration certificate may, within 14 days of having been informed of the refusal, appeal to the Minister whose decision is final.


document_id: mta-2021
provision_ref: s5
chapter: PART 2 - REGISTRATION UNDER REGISTER OF
section: 5
title: Renewal of registration certificate
content:
5. —(1) An application for the renewal of a registration certificate must — ( a ) be made to the Singapore competent national body at least 3 months before the date the registration certificate expires; ( b ) be made in the form and manner that the Singapore competent national body requires; ( c ) be accompanied by the prescribed non-refundable application fee; and ( d ) include such information as may be prescribed. (2) If an application to renew a registration certificate is submitted to the Singapore competent national body less than 3 months before the registration certificate expires, the application is treated as an application under section 4. (3) Upon receiving an application under subsection (1), the Singapore competent national body may — ( a ) if the applicant satisfies the requirements mentioned in section 4(4), renew the registration certificate, with or without conditions, for a further period of one year; or ( b ) refuse to renew the registration certificate. (4) The Singapore competent national body may, at any time, add to, vary or revoke any of the conditions of a registration certificate renewed under this section or impose new conditions. (5) Where the Singapore competent national body refuses to renew the registration certificate of an applicant, it must state in writing its reasons for refusal if requested to do so by the applicant. (6) Any applicant who is aggrieved by the refusal of the Singapore competent national body to renew a registration certificate may, within 14 days of having been informed of the refusal, appeal to the Minister whose decision is final.


document_id: mta-2021
provision_ref: s6
chapter: PART 2 - REGISTRATION UNDER REGISTER OF
section: 6
title: Cancellation of registration certificate
content:
6. —(1) If the Singapore competent national body is satisfied that the holder of a registration certificate — ( a ) has, when making an application under section 4 or 5 relating to the registration certificate, made any statement that is incorrect or false in any material particular; ( b ) has otherwise procured the registration certificate by fraud or misrepresentation; or ( c ) is contravening or has contravened any of the conditions of the registration certificate, the Singapore competent national body may, by notice, cancel the registration certificate. (2) Before cancelling the registration certificate, the Singapore competent national body must give notice to the holder of the registration certificate — ( a ) stating that it intends to cancel the registration certificate; and ( b ) specifying the time within which written representations may be made to it. (3) The time specified by the Singapore competent national body in the notice in subsection (2)( b ) must not be less than 28 days after the date of the notice. (4) The Singapore competent national body may, after considering any written representation made by the holder of the registration certificate, cancel the registration certificate and notify the holder of the cancellation. (5) The Singapore competent national body must furnish the holder of the registration certificate with the grounds of cancellation of the registration certificate if so required by the holder. (6) Any holder of a registration certificate who is aggrieved by the cancellation of the registration certificate may appeal in writing against the cancellation to the Minister — ( a ) within 14 days after being notified of the cancellation; or ( b ) if the holder requires (within the period mentioned in paragraph ( a )) the Singapore competent national body to furnish the grounds of cancellation, within 14 days after being furnished with the grounds of cancellation, and the Minister’s decision is final. (7) A decision of the Singapore competent national body to cancel a registration certificate takes effect despite an appeal against that decision being made to the Minister under subsection (6), unless the Minister otherwise specifies.


document_id: mta-2021
provision_ref: s7
chapter: PART 2 - REGISTRATION UNDER REGISTER OF
section: 7
title: Minister may designate others to hear appeals
content:
7. —(1) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal under section 4, 5 or 6: ( a ) the Second Minister for his or her Ministry; ( b ) any Minister of State, including a Senior Minister of State, for his or her Ministry; ( c ) any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his or her Ministry. (2) A reference to the Minister in section 4, 5 or 6 includes a reference to a person designated under subsection (1).


document_id: mta-2021
provision_ref: s8
chapter: PART 2 - REGISTRATION UNDER REGISTER OF
section: 8
title: Register
content:
8. The Singapore competent national body must keep and maintain a register containing — ( a ) the name of each person who is issued with a registration certificate under section 4, or whose registration certificate is renewed under section 5; and ( b ) any other particulars determined by the Singapore competent national body.


document_id: mta-2021
provision_ref: s9
chapter: PART 3 - MULTIMODAL TRANSPORT DOCUMENT
section: 9
title: Issue of multimodal transport document
content:
9. —(1) When goods are taken in charge in Singapore by a multimodal transport operator pursuant to a multimodal transport contract, the multimodal transport operator must issue to the consignor of the goods a multimodal transport document. (2) The multimodal transport document must, at the option of the consignor of the goods, either be in negotiable or non‑negotiable form. (3) The multimodal transport document must be signed by the multimodal transport operator or by a person authorised by the multimodal transport operator. (4) A multimodal transport document issued to bearer is negotiable by delivery. (5) A multimodal transport document issued to order is negotiable by the endorsement of the holder completed by delivery. (6) A consignee of goods that are the subject of a multimodal transport contract as evidenced by a multimodal transport document has and is vested with all rights of action and is subject to all liabilities in respect of those goods as if the consignee were a party to the contract. (7) The rights and liabilities are vested in the consignee under subsection (6) subject to — ( a ) the provisions of this Act; and ( b ) the stipulations in the multimodal transport document, except that the duties and liabilities of the consignor in Part 5 do not apply to the consignee.


document_id: mta-2021
provision_ref: s10
chapter: PART 3 - MULTIMODAL TRANSPORT DOCUMENT
section: 10
title: Contents of multimodal transport document
content:
10. —(1) A multimodal transport document must contain such particulars as may be prescribed. (2) A document is a multimodal transport document despite the absence of any of the prescribed particulars if there is evidence to establish that it is a multimodal transport document within the definition of that term in section 2(1).


document_id: mta-2021
provision_ref: s11
chapter: PART 3 - MULTIMODAL TRANSPORT DOCUMENT
section: 11
title: Multimodal transport document as prima facie evidence
content:
11. —(1) A multimodal transport document issued by a multimodal transport operator is prima facie evidence that the multimodal transport operator has taken in charge the goods as described in that document, unless a contrary indication, such as “shipper’s weight, load and count”, “shipper‑packed container” or a similar expression, has been made in the printed text of or superimposed on the document. (2) Proof to the contrary is not admissible when the multimodal transport document has been transferred, or transmitted by electronic data interchange to the consignor of the goods who — ( a ) has acknowledged the receipt of the document; and ( b ) has in good faith relied on and acted upon the document. (3) In this section, “electronic data interchange” means an electronic transmission of data from one computer to another computer, using an internationally recognised standard for secure electronic transfer of data that is agreed on by the multimodal transport operator, the consignor of the goods, and any other party involved in the international multimodal transport of the goods.


document_id: mta-2021
provision_ref: s12
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 12
title: Period of responsibility of multimodal transport operator
content:
12. For the purposes of this Part, the period of responsibility of a multimodal transport operator of a multimodal transport contract starts at the time the multimodal transport operator takes in charge the goods that are the subject of the contract and ends at the time that the goods are delivered.


document_id: mta-2021
provision_ref: s13
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 13
title: Multimodal transport operator liable for acts of servants or agents
content:
13. —(1) A multimodal transport operator of a multimodal transport contract is liable for any act or omission described in subsection (2), of — ( a ) any servant or agent of the multimodal transport operator, when acting within the scope of the servant’s or agent’s employment relating to the carriage of the goods that are the subject of the contract; and ( b ) any other person whose services the multimodal transport operator makes use of for the performance of the contract. (2) The act or omission is one that — ( a ) takes place during the period of responsibility of the multimodal transport operator; and ( b ) causes loss of, damage to, or delay in the delivery of, the goods.


document_id: mta-2021
provision_ref: s14
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 14
title: Multimodal transport operator to ensure delivery of goods
content:
14. A multimodal transport operator of a multimodal transport contract for the international multimodal transport of any goods is taken to have given an undertaking to the following persons to perform, or to procure the performance of, all acts necessary to ensure the delivery of the goods: ( a ) where the multimodal transport document relating to the contract is issued in a negotiable form to bearer — to the person who surrenders to the multimodal transport operator one original of the document; ( b ) where the multimodal transport document relating to the contract is issued in a negotiable form to order — to the person who surrenders to the multimodal transport operator one original of the document duly endorsed; ( c ) where the multimodal transport document relating to the contract is issued in a negotiable form to a named person — to the person (upon proof of the person’s identity) who surrenders to the multimodal transport operator one original of the document; ( d ) where the multimodal transport document relating to the contract is issued in a negotiable form to a named person and has been transferred to order or in blank — to the person if that person surrenders to the multimodal transport operator one original of the document duly endorsed; ( e ) where the multimodal transport document relating to the contract is issued in a non-negotiable form — to the person named as the consignee of the goods in the document upon proof of the person’s identity; ( f ) where no document is issued — to a person as instructed by the consignor of the goods or by a person who has acquired the consignor’s or consignee’s rights under the multimodal transport contract to give such instructions.


document_id: mta-2021
provision_ref: s15
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 15
title: Multimodal transport operator liable for loss resulting from loss of or damage to goods, etc.
content:
15. —(1) Subject to subsections (2), (3) and (4), a multimodal transport operator of a multimodal transport contract is liable for loss resulting from the loss of, damage to, or delay in the delivery of, any goods that are the subject of the contract if the occurrence which caused the loss, damage or delay took place during the period of responsibility of the multimodal transport operator. (2) The multimodal transport operator is not liable under subsection (1) if the multimodal transport operator proves that — ( a ) the multimodal transport operator, or the servant or agent or other person for whose act or omission the multimodal transport operator is liable under section 13, took all reasonable measures to avoid the occurrence and the loss, damage or delay; or ( b ) the occurrence which caused such loss, damage or delay is the result of one or more of the following: (i) force majeure; (ii) any act or neglect of the consignor or consignee, or the consignor’s or consignee’s representative or agent; (iii) insufficient or defective packaging, marking or numbering of the goods; (iv) the handling, loading, unloading or stowage of the goods that is effected by the consignor or consignee, or the consignor’s or consignee’s representative or agent; (v) any inherent or latent defect in the goods; (vi) any strike, lockout or stoppage or restraint of labour from whatever cause, whether partial or general; (vii) where the goods are carried by sea or inland waterways — (A) any act, neglect or default of the master, mariner, pilot or the servant of the carrier of the goods in the navigation or in the management of the ship; or (B) any fire unless caused by the actual fault or privity of the carrier of the goods. (3) The multimodal transport operator is not liable under subsection (1) for loss resulting from delay in the delivery of the goods unless the consignor has made a declaration of interest in timely delivery which has been accepted by the multimodal transport operator. (4) If any loss of or damage to the goods is the result of the unseaworthiness of the ship in which the goods are carried, the multimodal transport operator is not liable under subsection (1) if the multimodal transport operator proves that due diligence has been exercised to make the ship seaworthy at the commencement of the voyage. (5) For the purpose of this Part, delay in delivery occurs when the goods have not been delivered within the time expressly agreed upon by the parties to the multimodal transport contract or, in the absence of such agreement, within the time which it would be reasonable for a diligent multimodal transport operator to deliver the goods, having regard to the circumstances of the case. (6) If the goods have not been delivered within 90 consecutive days after the date determined in accordance with subsection (5), any person entitled to claim the goods may, in the absence of evidence to the contrary, treat the goods as lost.


document_id: mta-2021
provision_ref: s16
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 16
title: Assessment of compensation
content:
16. —(1) An assessment of compensation by a multimodal transport operator of a multimodal transport contract for the loss of or damage to the goods that are the subject of the contract, and for which the multimodal transport operator is liable under section 15, is to be made by reference to the value of such goods — ( a ) at the place and time that the goods are delivered to the consignee of the goods; or ( b ) at the place and time when, in accordance with the multimodal transport contract, the goods should have been so delivered. (2) The value of the goods is to be determined according to — ( a ) their current commodity exchange price; ( b ) if there is no current commodity exchange price, their current market price; or ( c ) if there is no current commodity exchange price or current market price, the normal value of goods of the same kind and quality based on other sale transactions relating to the goods.


document_id: mta-2021
provision_ref: s17
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 17
title: Limit on liability of multimodal transport operator
content:
17. —(1) Subject to subsection (2) and sections 18, 19, 21 and 22, a multimodal transport operator of a multimodal transport contract is not liable under section 15 for any loss of or damage to the goods that are the subject of the contract, in an amount exceeding the higher of the following: ( a ) the equivalent of 666.67 SDR per package or shipping unit of the goods lost or damaged; ( b ) 2.00 SDR per kilogram of gross weight of the goods lost or damaged. (2) Subsection (1) does not apply if the nature and value of the goods have been declared by the consignor of the goods before the goods are taken in charge by the multimodal transport operator, and inserted in the multimodal transport document.


document_id: mta-2021
provision_ref: s18
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 18
title: Liability of multimodal transport operator if no carriage of goods by sea, etc.
content:
18. If a multimodal transport contract does not provide for the carriage of goods by sea or inland waterways, the liability of the multimodal transport operator under section 15 for the loss of or damage to the goods is limited to an amount not exceeding 8.33 SDR per kilogram of gross weight of the goods lost or damaged.


document_id: mta-2021
provision_ref: s19
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 19
title: Liability to be determined in accordance with other conventions or law
content:
19. If the loss of or damage to the goods that are the subject of a multimodal transport contract occurred during a particular stage of the international multimodal transport of the goods, in respect of which a mandatory law would have provided another limit of liability if a separate contract of carriage had been made for that particular stage of transport, then the limit of the multimodal transport operator’s liability under section 15 for such loss or damage is to be determined by reference to such mandatory law.


document_id: mta-2021
provision_ref: s20
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 20
title: Liability of multimodal transport operator other than for loss of or damage to goods
content:
20. Subject to sections 19, 21 and 22, the liability of a multimodal transport operator of a multimodal transport contract under section 15 for loss resulting from delay in the delivery of the goods that are the subject of the contract, or any consequential loss or damage (other than loss of or damage to the goods), is limited to an amount equivalent to the freight under the contract.


document_id: mta-2021
provision_ref: s21
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 21
title: Aggregate liability of multimodal transport operator
content:
21. The aggregate liability of a multimodal transport operator of a multimodal transport contract under this Part must not exceed the limits of liability for the total loss of the goods that are the subject of the contract calculated in accordance with sections 17 and 18.


document_id: mta-2021
provision_ref: s22
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 22
title: Aggregate liability of multimodal transport operator and servant, agent, etc.
content:
22. The aggregate liability of — ( a ) a multimodal transport operator of a multimodal transport contract; and ( b ) any servant or agent of the multimodal transport operator, or other person whose services the multimodal transport operator has used in order to perform the contract, must not exceed the limits in sections 17 to 21.


document_id: mta-2021
provision_ref: s23
chapter: PART 4 - LIABILITIES OF MULTIMODAL
section: 23
title:
Multimodal transport operator and servant, agent, etc., not entitled to limitation of liability if loss, etc., resulted from personal act or omission

content:
23. —(1) The multimodal transport operator is not entitled to the benefit of the limitation of liability under this Part for the loss of, damage to, or delay in the delivery of the goods if it is proved that the loss, damage or delay resulted from an act or omission of the multimodal transport operator that is done — ( a ) with the intention to cause such loss, damage or delay; or ( b ) recklessly and with knowledge that such loss, damage or delay would probably result. (2) A servant or an agent of a multimodal transport operator or other person whose services a multimodal transport operator makes use of for the carriage of goods is not entitled to the benefit of the limitation of liability under this Part if it is proved that the loss, damage or delay resulted from an act or omission of such servant, agent or other person that is done — ( a ) with the intention to cause such loss, damage or delay; or ( b ) recklessly and with knowledge that such loss, damage or delay would probably result.


document_id: mta-2021
provision_ref: s24
chapter: PART 5 - DUTIES AND LIABILITIES OF CONSIGNOR
section: 24
title: Responsibilities of consignor
content:
24. —(1) The consignor of any goods that are the subject of a multimodal transport contract is deemed to have guaranteed to the multimodal transport operator of the contract that, at the time the goods were taken in charge by the multimodal transport operator, all of the following particulars specified in the multimodal transport document are accurate: ( a ) the general nature of the goods; ( b ) the marks, number, weight, volume and quantity of the goods; ( c ) if applicable, the dangerous character of the goods as furnished by the consignor or on the consignor’s behalf for insertion in the multimodal transport document relating to the contract. (2) The consignor of any goods that are the subject of a multimodal transport contract must mark or label dangerous goods in accordance with any international conventions or laws applicable in the country in which the goods are taken in charge by the multimodal transport operator of the contract. (3) Where the consignor of any dangerous goods that are the subject of a multimodal transport contract hands over those goods to the multimodal transport operator of the contract, or any servant or agent of the multimodal transport operator, or other person acting on behalf of the multimodal transport operator, the consignor must inform the multimodal transport operator, servant, agent or person (as the case may be) of the dangerous character of the goods and, if necessary, the precautions to be taken. (4) If the consignor fails to so inform the multimodal transport operator, servant, agent or person, and the multimodal transport operator does not otherwise have knowledge of the dangerous character of the goods — ( a ) the consignor is liable to the multimodal transport operator for any loss incurred by the multimodal transport operator in the course of the shipment of such goods and that is related to the dangerous character of the goods; and ( b ) despite section 15, the goods may at any time during the international multimodal transport be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation to the consignor or any person to whom the multimodal transport operator is taken to have given an undertaking under section 14. (5) Subsection (4) does not apply if, during the international multimodal transport of the goods, the multimodal transport operator has taken in charge the goods with knowledge of the dangerous character of the goods. (6) If, in a case where subsection (4)( b ) does not apply, the dangerous goods become an actual danger to life or property, they may (despite section 15) be unloaded, destroyed or rendered innocuous at any time during the international multimodal transport, as the circumstances may require, without payment of compensation to the consignor or any person to whom the multimodal transport operator is taken to have given an undertaking under section 14, except where — ( a ) there is an obligation on the multimodal transport operator to contribute in general average; or ( b ) the multimodal transport operator or the servant, agent or person for whose act or omission the multimodal transport operator is liable under section 13, failed to take all reasonable measures to prevent the dangerous goods becoming an actual danger. (7) The consignor of any goods that are the subject of a multimodal transport contract must indemnify the multimodal transport operator of the contract against any loss incurred by the multimodal transport operator resulting from any inadequacy or inaccuracy of any particulars or information provided by the consignor under subsection (1), (2) or (3), as the case may be. (8) The consignor of any goods that are the subject of a multimodal transport contract remains liable to indemnify the multimodal transport operator of the contract under subsection (7) even if the multimodal transport document relating to the contract has been transferred by the consignor. (9) The right of the multimodal transport operator of a multimodal transport contract to indemnity under subsection (7) does not limit the multimodal transport operator’s liability under the multimodal transport contract to any person other than the consignor of the goods.


document_id: mta-2021
provision_ref: s25
chapter: PART 6 - MISCELLANEOUS
section: 25
title: Handing over of goods prima facie evidence of delivery
content:
25. —(1) Unless written notice of loss of or damage to any goods that are the subject of a multimodal transport contract, specifying the general nature of such loss or damage, is given by the consignee of the goods to the multimodal transport operator of the contract when the goods were handed over to the consignee, such handing‑over is prima facie evidence of the delivery by the multimodal transport operator of the goods as described in the multimodal transport document relating to the contract. (2) Where the loss of or damage to the goods is not apparent, subsection (1) applies if the notice in that subsection is not given within 6 consecutive days after the day when the goods were handed over to the consignee of the goods.


document_id: mta-2021
provision_ref: s26
chapter: PART 6 - MISCELLANEOUS
section: 26
title: Time bar
content:
26. Unless otherwise expressly agreed by the parties to a multimodal transport contract, no action in a court or arbitral proceedings relating to the international multimodal transport of any goods that are the subject of the contract may be brought unless the action or proceedings is or are instituted — ( a ) within a period of 9 months after the delivery of the goods that are the subject of the contract; or ( b ) if the goods have not been delivered, within a period of 9 months — (i) after the date on which the goods should have been delivered; or (ii) after the date on which, in accordance with section 15(6), failure to deliver the goods would give the consignee of the goods the right to treat the goods as lost.


document_id: mta-2021
provision_ref: s27
chapter: PART 6 - MISCELLANEOUS
section: 27
title: Dispute may be referred to arbitration
content:
27. —(1) Any dispute relating to the international multimodal transport of any goods is capable of settlement by arbitration in Singapore between parties to the multimodal transport contract relating to the goods but only if — ( a ) the principal place of business of the respondent or, in the absence of such a place, the habitual residence of the respondent is in Singapore; ( b ) the place where the multimodal transport contract was made is in Singapore, but only if the respondent has in Singapore a place of business, branch or an agency through which the contract was made; ( c ) the place the multimodal transport operator takes in charge the goods, or the place of delivery of the goods, is in Singapore; or ( d ) Singapore is the designated place for arbitration in the arbitration clause of the contract or in an arbitration agreement between the parties. (2) The arbitrator, or arbitration tribunal, in Singapore is to apply the provisions of this Act for any arbitration instituted in Singapore pursuant to subsection (1).


document_id: mta-2021
provision_ref: s28
chapter: PART 6 - MISCELLANEOUS
section: 28
title: Multimodal transport document void if it departs from provisions of Act
content:
28. —(1) Any stipulation in a multimodal transport document relating to any goods is void and of no effect to the extent — ( a ) it is inconsistent with the provisions of this Act; and ( b ) it is prejudicial to the consignor or consignee of the goods. (2) To avoid doubt, subsection (1) does not affect any other stipulations contained in the multimodal transport document. (3) Subsection (1) does not prevent the parties to a multimodal transport contract from agreeing that the multimodal transport operator of the contract should bear a greater liability than that imposed on the multimodal transport operator under this Act.


document_id: mta-2021
provision_ref: s29
chapter: PART 6 - MISCELLANEOUS
section: 29
title: Rules of general average
content:
29. Nothing in this Act prevents the application of any rules pertaining to general average adjustment — ( a ) contained in a multimodal transport contract; or ( b ) under any law, to the extent they are applicable.


document_id: mta-2021
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS
section: 30
title: Act does not affect certain written laws
content:
30. —(1) This Act does not affect any rights or obligations of a multimodal transport operator, carrier, consignor or consignee provided under — ( a ) any written law implementing any treaty, convention or other international agreement or arrangement to which Singapore is a party; or ( b ) any other written law, for the protection of human health, public safety and the environment. (2) This Act also does not affect any written law that implements any treaty, convention or other international agreement or arrangement that is applicable to a multimodal transport contract or any part of a multimodal transport contract.


document_id: mta-2021
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS
section: 31
title: Regulations
content:
31. The Minister may make regulations necessary or convenient for carrying out or giving effect to this Act, and for prescribing anything which under this Act is to be or may be prescribed.


document_id: mtera-1972
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “deceased person” includes a stillborn infant or foetus; “designated officer”, in relation to an approved hospital for the purposes of this Act, means a person appointed under section 2A to be the designated officer of the approved hospital; [ Deleted by Act 11 of 2023 wef 01/05/2023 ] “Director‑General” means the Director‑General of Health, and includes the Deputy Director‑General of Health and such designated officer of an approved hospital or such public officer as is authorised by the Director‑General of Health in writing to act on behalf of the Director‑General of Health; [Act 11 of 2023 wef 01/05/2023] “donor” means an individual who makes a gift of all or any part of his or her body; “part”, in relation to a human body, includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body.


document_id: mtera-1972
provision_ref: s2A
chapter: PART 1 - PRELIMINARY
section: 2A
title: Appointment of designated officers
content:
2A. The Director‑General may appoint, in writing, any senior official of the Ministry of Health or senior executive of an approved hospital for the purposes of this Act, to be the designated officer of any approved hospital for the purposes of this Act. [Act 11 of 2023 wef 01/05/2023]


document_id: mtera-1972
provision_ref: s2B
chapter: PART 1 - PRELIMINARY
section: 2B
title: Approved hospitals, etc.
content:
2B. The Minister may, by notification in the Gazette , declare a hospital, medical or dental school, college or university to be an approved hospital, medical or dental school, college or university for the purposes of this Act.


document_id: mtera-1972
provision_ref: s3
chapter: PART 2 - ANATOMICAL GIFTS
section: 3
title: Person may donate his or her body
content:
3. Any person who is not mentally disordered and who is 18 years of age or above may give all or any part of his or her body for any of the purposes specified in section 7, the gift to take effect upon death.


document_id: mtera-1972
provision_ref: s4
chapter: PART 2 - ANATOMICAL GIFTS
section: 4
title: Relatives may donate body of deceased person
content:
4. —(1) Any of the persons specified in the Schedule, in the order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the deceased person, or actual notice of opposition of a member of the same class or a prior class, may give all or any part of the body of the deceased person for the purposes specified in section 7. (2) The persons authorised by subsection (1) may make the gift after death or immediately before death.


document_id: mtera-1972
provision_ref: s5
chapter: PART 2 - ANATOMICAL GIFTS
section: 5
title: When donee should not accept gift
content:
5. The donee of a gift of a body or any part of a body must not accept the gift if the donee has actual notice of contrary indications by the deceased person or that a gift by a member of a class is opposed by a member of the same class or a prior class.


document_id: mtera-1972
provision_ref: s6
chapter: PART 2 - ANATOMICAL GIFTS
section: 6
title: Medical examination of body
content:
6. A gift of all or any part of a body authorises any examination necessary to assure medical acceptability of the gift for the purposes intended.


document_id: mtera-1972
provision_ref: s7
chapter: PART 2 - ANATOMICAL GIFTS
section: 7
title: Purposes of anatomical gifts, etc.
content:
7. The following persons may become donees of gifts of bodies or parts of bodies for the purposes stated: ( a ) any approved hospital for medical or dental education, research, advancement of medical or dental science, therapy or transplantation; ( b ) any approved medical or dental school, college or university for medical or dental education, research, advancement of medical or dental science, therapy or transplantation; ( c ) any specified individual for therapy or transplantation needed by the individual.


document_id: mtera-1972
provision_ref: s8
chapter: PART 2 - ANATOMICAL GIFTS
section: 8
title: Mode of executing gift
content:
8. A gift of all or any part of a body under section 3 may be made by the donor either in writing at any time or orally in the presence of 2 or more witnesses during a last illness.


document_id: mtera-1972
provision_ref: s9
chapter: PART 2 - ANATOMICAL GIFTS
section: 9
title: Revocation of gift
content:
9. A gift of a body or any part of a body may be revoked by the donor at any time — ( a ) by a signed statement in writing delivered to the donee; ( b ) by an oral statement made in the presence of 2 or more persons and communicated to the donee; or ( c ) by a written document to that effect found on his or her person or in his or her effects.


document_id: mtera-1972
provision_ref: s10
chapter: PART 2 - ANATOMICAL GIFTS
section: 10
title: Donee need not be specified
content:
10. —(1) A gift of all or any part of the body of a deceased person may be made to a specified donee or without specifying a donee. (2) If the gift is made without specifying a donee, the designated officer of the approved hospital in which the death of the deceased person has taken place or to which the body of the deceased person has been removed may accept the gift as donee upon or following the death for the purposes of section 7( a ) or ( b ), as the case may be.


document_id: mtera-1972
provision_ref: s11
chapter: PART 2 - ANATOMICAL GIFTS
section: 11
title: Rights and duties of donee
content:
11. —(1) A donee may accept or reject a gift of a body or part of a body. (2) If the gift is of a part of the body of a deceased person, the donee must cause the part to be removed without unnecessary mutilation. (3) After removal of the part of the body under subsection (2), custody of the remainder of the body vests in the surviving spouse, next‑of‑kin or other person under obligation to dispose of the body.


document_id: mtera-1972
provision_ref: s12
chapter: PART 2 - ANATOMICAL GIFTS
section: 12
title: Authority to remove parts of unclaimed bodies
content:
12. Where the body of a deceased person has not been claimed from an approved hospital or from an institution maintained on public funds, for more than 24 hours after death, the Director‑General may authorise in writing the use of the body or any specified part for the purposes of medical or dental education, research, advancement of medical or dental science, therapy or transplantation. [Act 11 of 2023 wef 01/05/2023]


document_id: mtera-1972
provision_ref: s13
chapter: PART 3 - POST-MORTEM EXAMINATION
section: 13
title: Person may authorise post-mortem examination
content:
13. —(1) Any person who is not mentally disordered and who is 18 years of age or above may either in writing at any time or orally in the presence of 2 or more witnesses during his or her last illness authorise the post‑mortem examination of his or her body for the purpose of establishing or confirming the cause of death or of investigating the existence or nature of abnormal conditions. (2) Such authority is effective upon the death of that person.


document_id: mtera-1972
provision_ref: s14
chapter: PART 3 - POST-MORTEM EXAMINATION
section: 14
title: Relatives may authorise post-mortem examination
content:
14. —(1) Any of the persons specified in the Schedule, in the order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the deceased person, or actual notice of opposition of a member of the same class or a prior class, may authorise the post‑mortem examination of the body of the deceased person for the purpose of establishing or confirming the cause of death or of investigating the existence or nature of abnormal conditions. (2) The persons authorised by subsection (1) may give the authority after death or immediately before death.


document_id: mtera-1972
provision_ref: s15
chapter: PART 3 - POST-MORTEM EXAMINATION
section: 15
title: Post-mortem examination of unclaimed body
content:
15. Where the body of a deceased person has not been claimed from an approved hospital or from an institution maintained on public funds, for more than 24 hours after death, the Director‑General may authorise in writing the post‑mortem examination of the body for the purpose of establishing or confirming the cause of death or of investigating the existence or nature of abnormal conditions. [Act 11 of 2023 wef 01/05/2023]


document_id: mtera-1972
provision_ref: s16
chapter: PART 4 - SUPPLEMENTARY PROVISIONS
section: 16
title: Removal and use of body to be lawful
content:
16. —(1) Subject to subsection (2), the removal and use of any part of a body in accordance with section 3, 4 or 12 (as the case may be) or the post-mortem examination of a body in accordance with the provisions of Part 3, is lawful. (2) No such removal or post-mortem examination may be effected except — ( a ) by a registered medical practitioner, who must have satisfied himself or herself that the death of the deceased person has been determined and certified in accordance with section 2A of the Interpretation Act 1965; or ( b ) where the Coroner has ordered the release of the body under section 22(3)( c ) of the Coroners Act 2010, in a case where an inquiry is to be held in respect of the death of any person.


document_id: mtera-1972
provision_ref: s17
chapter: PART 4 - SUPPLEMENTARY PROVISIONS
section: 17
title: Power of Coroner unaffected
content:
17. Sections 3, 4, 13, 14 and 15 do not affect the authority of the Coroner to direct the post‑mortem examination of a body of a deceased person under the provisions of the Coroners Act 2010. [14/2010]


document_id: mvtprca-1960
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “appropriate Minister”, in relation to the exercise of powers under sections 20 and 24, means — ( a ) the Minister charged with the responsibility for the Public Trustee’s department insofar as those powers are exercised in connection with the purposes of sections 5A, 6, 9(1), (2), (3), (4), (5), (6), (11), (12) and (13), 18, 18A and 19; and ( b ) the Minister charged with the responsibility for land transport insofar as those powers are exercised in connection with the purposes of any other provision of this Act; “Deputy Commissioner of Police” includes any police officer authorised by him or her in writing by name or office to exercise the powers vested by this Act in the Deputy Commissioner of Police; “detention barrack” means a building or any part of a building which is set apart by — ( a ) the Armed Forces Council under the Singapore Armed Forces Act 1972; ( b ) the Commissioner of Civil Defence under the Civil Defence Act 1986; ( c ) the Commissioner of Police under the Police Force Act 2004; or ( d ) the Commissioner of Police under the Vigilante Corps Act 1967, for the purpose of persons serving sentences of detention under the respective Acts; “Minister” means the Minister charged with the responsibility for land transport; “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads; “place of detention” means any of the following places: ( a ) a detention barrack; ( b ) a disciplinary barrack within the meaning of section 2(1) of the Singapore Armed Forces Act 1972; ( c ) a military prison within the meaning of section 2(1) of the Singapore Armed Forces Act 1972; ( d ) a place or premises declared under section 18 of the Intoxicating Substances Act 1987 to be an approved centre for the treatment and rehabilitation of persons who use or inhale intoxicating substances for the purpose of inducing or causing a state of intoxication; ( e ) a prison within the meaning of section 2 of the Prisons Act 1933; ( f ) a hospital or part of a hospital designated under section 3 of the Mental Health (Care and Treatment) Act 2008 to be a psychiatric institution; ( g ) a welfare home within the meaning of section 2(1) of the Destitute Persons Act 1989; ( h ) any other place as may be prescribed by the Minister charged with the responsibility for the Public Trustee’s department; “policy of insurance” includes a cover note; “Public Trustee” means the Public Trustee appointed under the provisions of the Public Trustee Act 1915 and includes a Deputy Public Trustee and an Assistant Public Trustee appointed under the provisions of that Act; “Registrar” means the Registrar of Vehicles or a Deputy Registrar or Assistant Registrar appointed under the provisions of the Road Traffic Act 1961; “relevant amount” means $5,000 or, where another amount has been prescribed under section 20 by the appropriate Minister for the purposes of sections 6(1), 9(1)( a ) and ( b ) and 18(5), the prescribed amount; “road” means any public road and any other road to which the public has access, and includes bridges over which a road passes; “specified person” means — ( a ) for the purposes of section 6, a person who is entitled to the benefit of a payment, pursuant to a settlement agreement, mentioned in section 6(1) and who — (i) at the time the settlement agreement is made, is not represented by a public officer or an advocate and solicitor; (ii) at the time of the making of the payment under section 6(2), is isolated in a hospital or other place under section 15(1) or (2) of the Infectious Diseases Act 1976; or (iii) at the time of the making of the payment under section 6(2), is under legal custody in a place of detention; and ( b ) for the purposes of section 9, a person who is entitled to the benefit of a judgment referred to in section 9(1)( b ) and who, at the time the judgment is given — (i) is below 21 years of age; (ii) lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008; (iii) is not represented by a public officer or an advocate and solicitor; (iv) is isolated in a hospital or other place under section 15(1) or (2) of the Infectious Diseases Act 1976; or (v) is under legal custody in a place of detention; “use” means use on any road. [22/2013; 44/2014]


document_id: mvtprca-1960
provision_ref: s3
section: 3
title: Users of motor vehicles to be insured against third-party risks
content:
3. —(1) Subject to the provisions of this Act, it is not lawful for any person to use or to cause or permit any other person to use — ( a ) a motor vehicle in Singapore; or ( b ) a motor vehicle which is registered in Singapore in any territory specified in the Schedule, unless there is in force in relation to the use of the motor vehicle by that person or that other person (as the case may be) a policy of insurance or a security in respect of third-party risks that complies with the requirements of this Act. (2) If a person acts in contravention of this section, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both. (3) A person convicted of an offence under this section is (unless the court for special reasons thinks fit to order otherwise and without affecting the power of the court to order a longer period of disqualification) to be disqualified from holding or obtaining a driving licence under the Road Traffic Act 1961 for a period of 12 months starting on the date of the person’s conviction or, if the person is sentenced to imprisonment, on the date of the person’s release from prison. [Act 2 of 2025 wef 01/01/2026] (4) A person shall not be guilty of an offence under this section if the person proves — ( a ) that the motor vehicle did not belong to the person and was not in the person’s possession under a contract of hiring or loan; ( b ) that the person was using the vehicle in the course of the person’s employment; and ( c ) that the person neither knew nor had reason to believe that there was not in force in relation to such user a policy of insurance or such security as complies with the provisions of this Act. (5) A person disqualified by virtue of a conviction under this section or of an order made under this section from holding or obtaining a driving licence is for the purposes of Part 2 of the Road Traffic Act 1961 deemed to be disqualified by virtue of a conviction under the provisions of that Part. (6) This section does not apply — ( a ) to a vehicle owned by — (i) the Government; (ii) the government of Malaysia or of any State of Malaysia; or (iii) any visiting forces lawfully present in Singapore, on any occasion upon which the vehicle is being used by any person authorised by any of such governments or by any such forces, as the case may require, to use the vehicle on such occasion; ( b ) to a vehicle owned by a person who has deposited and keeps deposited with the Accountant-General the sum of $125,000 at any time when the vehicle is being driven by the owner or by an employee of the owner in the course of his or her employment or is otherwise subject to the control of the owner; or ( c ) to any vehicle at any time when it is being driven for police purposes by or under the direction of — (i) a police officer or by a person employed by the Deputy Commissioner of Police; or (ii) the Registrar or a person authorised by the Registrar to drive such vehicle. (7) This section does not extend to invalid carriages. (8) The Minister may, by order in the Gazette , amend the Schedule.


document_id: mvtprca-1960
provision_ref: s3A
section: 3A
title: Presumption as to using motor vehicle
content:
3A. —(1) For the purposes of this Act, it is presumed, until the contrary is proved, that a person uses a motor vehicle on a road in Singapore if it is proved — ( a ) for a vehicle registered under the Road Traffic Act 1961, that the person is, at the material time, recorded as the owner of that vehicle in a register of vehicles; ( b ) for a vehicle the registration of which under the Road Traffic Act 1961 is cancelled under section 27(1) of that Act or has lapsed, that the person is last recorded as the owner of that vehicle in a register of vehicles; or ( c ) for a vehicle that is not registered under the Road Traffic Act 1961 and is not a vehicle mentioned in paragraph ( b ), that the person has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire‑purchase agreement, but not the lessor while the vehicle is being leased under any such agreement). [10/2017] (2) In subsection (1), “register of vehicles” means the register required by rules made under section 34 of the Road Traffic Act 1961 to be maintained by the Authority for the purposes of section 10 of that Act. [10/2017]


document_id: mvtprca-1960
provision_ref: s4
section: 4
title: Requirements in respect of policies and securities
content:
4. —(1) In order to comply with the requirements of this Act, a policy of insurance must, subject to subsection (4), be a policy which — ( a ) is issued by an insurer who at the time the policy is issued is lawfully carrying on motor insurance business in Singapore; and ( b ) insures the person, persons or classes of persons that may be specified in the policy in respect of any liability which may be incurred by him, her or them in respect of the death of or bodily injury to any person caused by or arising out of the use of the motor vehicle in Singapore and in any territory specified in the Schedule. (2) It is declared that a policy of insurance — ( a ) which was issued on or before 21 October 1998 by an insurer who at the time the policy was issued was lawfully carrying on motor insurance business in Singapore; and ( b ) which insures the person, persons or classes of persons that may be specified in the policy in respect of any liability which may be incurred by him, her or them in respect of the death of or bodily injury to any person caused by or arising out of the use of a motor vehicle in any territory specified in the Schedule, is deemed always to have been a policy of insurance — ( c ) issued for the purposes of this Act; and ( d ) under which third parties are conferred rights by sections 9, 11, 13 and 14. (3) Nothing in subsection (2) affects the rights of any person under any judgment given by any court of law before 21 October 1998 in respect of any claim arising under a policy of insurance which falls within the description of that subsection. (4) A policy of insurance is not, by virtue of subsection (1)( b ), required to cover — ( a ) liability in respect of — (i) the death of or bodily injury sustained by a person ( A ) who is in the employment of a person insured by the policy, where the death or bodily injury arises out of and in the course of A ’s employment; or (ii) the death of or bodily injury sustained by a platform worker ( B ) who provides a platform service for a platform operator insured by the policy, where the death or bodily injury arises out of and in the course of B ’s provision of the platform service for that platform operator; or [Act 30 of 2024 wef 01/01/2025] ( b ) any contractual liability. (4A) In subsection (4) — “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; “platform service” has the meaning given by section 3 of the Platform Workers Act 2024; “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024. [Act 30 of 2024 wef 01/01/2025] (5) Where any payment is made (whether or not with an admission of liability) by — ( a ) an insurer under or in consequence of a policy issued under this Act; ( b ) the owner of a motor vehicle in relation to the user of which a security under subsection (11) is in force; or ( c ) the owner of a motor vehicle who has made a deposit under section 3, in respect of the death of or bodily injury to any person arising out of the use of a motor vehicle on a road in Singapore or in any territory specified in the Schedule, and the person who has so died or been bodily injured has, to the knowledge of the insurer or the owner (as the case may be) received treatment at a hospital, whether as an in‑patient, or as an outpatient, in respect of the injury so arising, there must also be paid by the insurer or the owner to the hospital the expenses reasonably incurred by the hospital in affording that treatment, after deducting from those expenses any moneys actually received by the hospital in payment of a specific charge for that treatment. [22/2013] (6) The amount to be paid by the insurer or the owner under subsection (5) must not exceed $400 for each person so treated as an in-patient or $40 for each person so treated as an outpatient. [22/2013] (7) In subsection (5) — “expenses reasonably incurred” means — ( a ) in relation to a person who receives in-patient treatment at any hospital as an in-patient, an amount for each day the person is maintained in the hospital representing the average daily cost for each in-patient of the maintenance of the hospital and the staff of the hospital and the maintenance and treatment of the in-patients in the hospital; and ( b ) in relation to a person who receives treatment at a hospital as an outpatient, reasonable expenses actually incurred; “hospital” means an institution (not being an institution carried on for profit) which provides medical or surgical treatment for in-patients. (8) Despite anything in any Act, a person issuing a policy of insurance under this section is liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons. (9) A policy is of no effect for the purposes of this Act unless there is issued by the insurer to the person by whom the policy is effected a certificate (called in this Act a certificate of insurance) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed. (10) Different forms and different particulars may be prescribed in relation to different cases or circumstances under subsection (9). (11) In order to comply with the requirements of this Act, a security must — ( a ) be given either by an insurer approved by the Minister or by some body of persons approved by the Minister which carries on the business of giving securities of a like kind; and ( b ) consist of an undertaking by the giver of the security to make good, subject to any conditions specified in the undertaking and up to the amount in the case of an undertaking relating to the use of public service vehicles of not less than $225,000 and in any other case of not less than $45,000, any failure by the owner of the vehicle or any other persons or classes of persons that may be specified in the security duly to discharge any such liability as is required to be covered by a policy of insurance under this section which may be incurred by him, her or them. (12) A security is of no effect for the purposes of this Act unless there is issued by the person giving the security to the persons to whom it is given a certificate (called in this Act a certificate of security) in the prescribed form and containing such particulars of any conditions subject to which the security is issued and of any other matters as may be prescribed. (13) Different forms and different particulars may be prescribed in relation to different cases or circumstances under subsection (12). (14) The Minister may require the insurer to furnish any returns and information relating to the motor vehicle insurance business carried on by the insurer that the Minister may require.


document_id: mvtprca-1960
provision_ref: s5
section: 5
title: Exclusion of liability in respect of passengers to be of no effect
content:
5. —(1) Where a person uses a motor vehicle in circumstances such that under section 3 there is required to be in force in relation to the person’s use of it a policy of insurance or security that is mentioned in section 3(1), then, if any other person is carried in or upon the motor vehicle while the user is so using it, any antecedent agreement or understanding between them (whether intended to be legally binding or not) is of no effect so far as it purports or might be held — ( a ) to negative or restrict any such liability of the user in respect of persons carried in or upon the motor vehicle as is required by section 4 to be covered by a policy of insurance; or ( b ) to impose any conditions with respect to the enforcement of any such liability of the user. (2) The fact that a person so carried as referred to in subsection (1) has willingly accepted as the person’s the risk of negligence on the part of the user is not to be treated as negativing any such liability of the user. (3) For the purposes of this section, references to a person being carried in or upon a motor vehicle include references to a person entering or getting on to, or alighting from, the motor vehicle, and the reference to an antecedent agreement is to one made at any time before the liability arose.


document_id: mvtprca-1960
provision_ref: s5A
section: 5A
title: Composite settlement agreements
content:
5A. In every case where 2 or more persons are entitled to the benefit of any payment of compensation made by an insurer or the owner of a motor vehicle under section 6 pursuant to a settlement agreement, the insurer or the owner of the motor vehicle (as the case may be) must ensure that the settlement agreement states the amount of compensation and costs (where applicable) that each of the persons is entitled to. [22/2013]


document_id: mvtprca-1960
provision_ref: s6
section: 6
title: Payment of compensation under settlement agreements
content:
6. —(1) This section applies to every payment (excluding any sum payable in respect of costs and interest) exceeding the relevant amount that — ( a ) is made by way of compensation by an insurer or the owner of a motor vehicle pursuant to a settlement agreement in respect of the death or bodily injury to a person arising out of the use of a motor vehicle on a road in Singapore or in any territory specified in the Schedule; and ( b ) is not a liquidated sum specified in a policy of insurance. [22/2013] (2) Subject to subsections (3) and (4), the insurer or the owner of a motor vehicle must make the payment, together with any sum payable in respect of costs and interest under the settlement agreement, directly to — ( a ) the Public Trustee as trustee for the person entitled to the benefit of the payment if the person is a specified person; or ( b ) in any other case, the person entitled to the benefit of the payment in accordance with the law for the time being in force and with any rules made under this Act. [22/2013] (3) Subject to subsection (5), payment under subsection (2) must not be made until — ( a ) in the case where the person entitled to the benefit of the payment is a person referred to in paragraph ( a )(i) of the definition of “specified person” in section 2, the insurer or the owner of the motor vehicle obtains — (i) the approval of the Public Trustee of the adequacy of the payment to be made; or (ii) where the Public Trustee considers it to be manifestly inadequate, the approval of the court of its adequacy; and ( b ) the costs payable to any public officer or any advocate and solicitor who acts or has acted in respect of the claim for compensation on behalf of the person entitled to the benefit of the payment have been determined in accordance with section 18(3). [22/2013] (4) Before making any payment under subsection (2), the insurer or the owner of a motor vehicle must deduct from it the costs referred to in subsection (3)( b ) and pay the costs directly to the public officer or the advocate and solicitor entitled to it. [22/2013] (5) Nothing in subsection (2)( a ), (3) or (4) prevents an insurer or the owner of a motor vehicle from making any interim payment of compensation of any amount to any person entitled to the benefit of compensation. [22/2013] (6) Every application to the Public Trustee for his or her approval under subsection (3)( a )(i) and every payment to the Public Trustee under subsection (2)( a ) must be made in the manner, and together with the documents and information, that the Public Trustee may require. [22/2013] (7) Subject to subsection (8), the Public Trustee must, after deducting any fee payable to him or her for acting as trustee, distribute the moneys received by him or her under subsection (2)( a ) directly to the persons entitled to the moneys in accordance with the law for the time being in force and with any rules made under this Act. [22/2013] (8) The Public Trustee may, where he or she receives moneys under subsection (2)( a ) for a specified person who is below 21 years of age, hold the moneys on trust for that person until that person attains 21 years of age. [22/2013]


document_id: mvtprca-1960
provision_ref: s7
section: 7
title: Certain conditions in policies or securities to be of no effect
content:
7. —(1) Any condition in a policy or security issued or given for the purposes of this Act providing that no liability arises under the policy or security or that any liability so arising ceases in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy or security is of no effect in connection with such claims as are mentioned in section 4(1)( b ). (2) Nothing in this section is taken to render void any provision in a policy or security requiring the person insured or secured to repay to the insurer or the giver of the security any sums which the latter may have become liable to pay under the policy or security and which have been applied to the satisfaction of the claims of third parties.


document_id: mvtprca-1960
provision_ref: s8
section: 8
title: Avoidance of restrictions on scope of policies covering third‑party risks
content:
8. —(1) Where a certificate of insurance has been issued under section 4(9) to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured by the policy by reference to any of the following matters: ( a ) the age or physical or mental condition of persons driving the vehicle; ( b ) the condition of the vehicle; ( c ) the number of persons that the vehicle carries; ( d ) the weight or physical characteristics of the goods that the vehicle carries; ( e ) the times at which or the areas within which the vehicle is used; ( f ) the horsepower or value of the vehicle; ( g ) the carrying on the vehicle of any particular apparatus; ( h ) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under the Road Traffic Act 1961, is, as respects such liabilities as are required to be covered by a policy under section 4(1)( b ), of no effect. (2) Nothing in this section requires an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability. (3) Any sum paid by an insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this section is recoverable by the insurer from that person.


document_id: mvtprca-1960
provision_ref: s9
section: 9
title: Duty of insurers to satisfy judgments against persons insured in respect of third-party risks
content:
9. —(1) Subject to this section, if after a certificate of insurance has been issued under section 4(9) to the person by whom a policy has been effected, judgment in respect of any liability required to be covered by a policy under section 4(1)( b ) (being a liability covered by the terms of the policy) is obtained against any person insured by the policy, then, even though the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the following apply to the insurer: ( a ) where the sum payable (excluding any amount payable in respect of costs and interest by virtue of any written law relating to interest on judgments) under the judgment to any person entitled to the benefit of the judgment in respect of the liability does not exceed the relevant amount, the insurer may pay that sum, together with any amount payable in respect of costs and interest on the sum by virtue of any written law relating to interest on judgments, to the person; ( b ) where the sum payable (excluding any amount payable in respect of costs and interest by virtue of any written law relating to interest on judgments) under the judgment to any person entitled to the benefit of the judgment in respect of the liability exceeds the relevant amount, the insurer must pay that sum, together with any amount payable in respect of costs and interest on the sum by virtue of any written law relating to interest on judgments, directly to — (i) the Public Trustee as trustee for the person if the person is a specified person and the judgment requires the sum to be paid to the Public Trustee as trustee for the person; or (ii) in any other case, the person in accordance with the judgment and with any rules made under this Act. [22/2013] (2) Despite subsection (1)( b )(i) providing for payment to the Public Trustee, the right of action created by the judgment referred to in that subsection vests in the person or persons entitled to the benefit of the judgment. [22/2013] (3) Subject to subsection (5), payment must not be made under subsection (1)( b ) until the costs payable to any public officer or any advocate and solicitor who acts or has acted in respect of the claim or action (relating to the judgment) on behalf of the person entitled to the benefit of the judgment have been determined in accordance with section 18(3). [22/2013] (4) Before making any payment under subsection (1)( b ), the insurer must deduct from it the costs referred to in subsection (3) and pay the costs directly to the public officer or the advocate and solicitor entitled to it. [22/2013] (5) Nothing in subsection (1)( b )(i), (3) or (4) prevents the insurer from making any interim payment of compensation of any amount to any person entitled to the benefit of compensation. [22/2013] (6) No sum is payable by an insurer under subsections (1) and (4) — ( a ) in respect of any judgment unless before or within 7 days after the commencement of the proceedings in which the judgment was given the insurer had notice of the bringing of the proceedings; ( b ) in respect of any judgment so long as enforcement on the judgment is stayed pending an appeal; or [Act 25 of 2021 wef 01/04/2022] ( c ) in connection with any liability if before the happening of the event which was the cause of the death or bodily injury giving rise to the liability the policy was cancelled by mutual consent or by virtue of any provision contained in the policy and either — (i) before the happening of that event the certificate was surrendered to the insurer or the person to whom the certificate was issued made a statutory declaration stating that the certificate had been lost or destroyed; (ii) after the happening of that event but before the end of a period of 14 days from the taking effect of the cancellation of the policy the certificate was surrendered to the insurer or the person to whom the certificate was issued made such a statutory declaration as aforesaid; or (iii) before or after the happening of that event but within the period of 14 days the insurer commenced proceedings under this Act in respect of the failure to surrender the certificate. [22/2013] (7) No sum is payable by an insurer under subsections (1), (4) and (6) if in an action commenced before or within 3 months after the commencement of the proceedings in which the judgment was given the insurer has obtained a declaration that apart from any provision contained in the policy the insurer is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular or, if the insurer has avoided the policy on that ground, that the insurer was entitled to do so apart from any provision contained in it. [22/2013] (8) An insurer who has obtained a declaration under subsection (7) in an action does not thereby become entitled to the benefit of that subsection as respects any judgment obtained in proceedings commenced before the commencement of that action unless before or within 7 days after the commencement of that action the insurer has given notice thereof to the person who is the claimant in those proceedings specifying the non-disclosure or false representation on which the insurer proposes to rely and any person to whom notice of such an action is so given is entitled if that person thinks fit to be made a party to the action. [Act 25 of 2021 wef 01/04/2022] (9) If the amount which an insurer becomes liable to pay under this section in respect of a liability of a person insured by a policy exceeds the amount for which the insurer would apart from this section be liable under the policy in respect of that liability, the insurer is entitled to recover the excess from that person. (10) In this Act, references to a certificate of insurance in any provision relating to the surrender or the loss or destruction of a certificate of insurance are, in relation to policies under which more than one certificate is issued, to be construed as references to all the certificates and are, where any copy has been issued of any certificate, to be construed as including a reference to that copy. (11) Every judgment referred to in subsection (1)( b ) — ( a ) must state the amount payable to each person entitled to the benefit of the judgment; and ( b ) must require the costs referred to in subsection (3) to be paid directly to the public officer or the advocate and solicitor entitled to it. [22/2013] (12) Every payment to the Public Trustee under subsection (1)( b )(i) must be made in the manner, and together with the documents and information, that the Public Trustee may require. [22/2013] (13) The Public Trustee must, after deducting any fee payable to him or her for acting as trustee, distribute the moneys received by him or her under a judgment in accordance with subsection (1)( b )(i) directly to the persons entitled in accordance with the judgment and with any rules made under this Act. [22/2013] (14) In this section — “judgment” includes an approval of the court obtained under Order 44, Rule 9 or 10 of the Rules of Court 2021 (approval of compromise, settlement, etc., relating to claim by person under disability); [Act 31 of 2022 wef 01/11/2022] “liability covered by the terms of the policy” means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy; “material” means of such a nature as to influence the judgment of a prudent insurer in determining whether the insurer will take the risk and if so at what premium and on what conditions. [22/2013]


document_id: mvtprca-1960
provision_ref: s10
section: 10
title: Rights of third parties against insurers
content:
10. —(1) Where under any policy issued for the purposes of this Act a person (called in this Act the insured) is insured against liabilities to third parties which the insured may incur then — ( a ) in the event of the insured becoming bankrupt or making a composition or arrangement with the insured’s creditors; or ( b ) in the case of the insured being a company in the event of — (i) a winding up order being made or a resolution for a voluntary winding up being passed with respect to the company; (ii) a receiver or manager of the company’s business or undertaking being duly appointed; or (iii) possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, if either before or after that event any such liability as aforesaid is incurred by the insured the insured’s rights against the insurer under the policy in respect of the liability are, despite anything in any written law to the contrary, to be transferred to and vest in the third party to whom the liability was so incurred. (2) Where an order is made under section 419 of the Insolvency, Restructuring and Dissolution Act 2018 for the administration in bankruptcy of the estate of a deceased debtor then if any debt provable in bankruptcy is owing by the deceased in respect of a liability against which he or she was insured under a policy issued for the purposes of this Act as being a liability to a third party the deceased debtor’s rights against the insurer under the policy in respect of that liability are, despite anything in the Insolvency, Restructuring and Dissolution Act 2018, to be transferred to and vest in the person to whom the debt is owing. [40/2018] (3) Any condition in a policy issued for the purposes of this Act purporting, directly or indirectly, to avoid the policy or to alter the rights of the party under the policy upon the happening to the insured of any of the events specified in subsection (1)( a ) or ( b ) or upon the making of an order under section 419 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of his or her estate is of no effect. [40/2018] (4) Upon a transfer under subsection (1) or (2), the insurer is, subject to section 12, under the same liability to the third party as the insurer would have been under to the insured but — ( a ) if the liability of the insurer to the insured exceeds the liability of the insured to the third party, nothing in this Act affects the rights of the insured against the insurer in respect of the excess; and ( b ) if the liability of the insurer to the insured is less than the liability of the insured to the third party, nothing in this Act affects the rights of the third party against the insured in respect of the balance. (5) For the purposes of this section and sections 11 and 12, the expression “liabilities to third parties” in relation to a person insured under any policy of insurance does not include any liability of that person in the capacity of insurer under some other policy of insurance. (6) This section and sections 11 and 12 do not apply — ( a ) where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company; or ( b ) to any case to which section 28(1), (2) and (3) of the Work Injury Compensation Act 2019, or section 19(1), (1A) and (2) of the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by the Work Injury Compensation Act 2019, applies. [5/2018; 27/2019]


document_id: mvtprca-1960
provision_ref: s11
section: 11
title: Duty to give necessary information to third parties
content:
11. —(1) Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy under section 4(1)( b ) must on demand by or on behalf of the person making the claim state whether or not the person was insured in respect of that liability by any policy having effect for the purposes of this Act or would have been so insured if the insurer had not avoided or cancelled the policy and if the person was or would have been so insured give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect of the policy under section 4(9). (2) In the event of — ( a ) any person becoming bankrupt or making a composition or arrangement with the person’s creditors or in the event of an order being made under section 419 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the estate of any person; or ( b ) a winding up order being made or a resolution for a voluntary winding up being passed with respect to any company or a receiver or manager of the company’s business or undertaking being duly appointed or possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, it is the duty of the bankrupt debtor, personal representative of the deceased debtor or company and (as the case may be) of the Official Assignee, trustee, liquidator, receiver or manager or person in possession of the property, to give, at the request of any person claiming that the bankrupt debtor, deceased debtor or company is under a liability to that person, any information that may reasonably be required by that person for the purpose of ascertaining whether any rights have been transferred to and vested in that person by this Act and for the purpose of enforcing those rights, if any. [40/2018] (3) Any contract of insurance, insofar as it purports, directly or indirectly, to avoid the contract or to alter the rights of the parties under the contract upon the giving of any such information in the events mentioned in subsection (2) or otherwise to prohibit or prevent the giving thereof in those events, is of no effect. (4) If the information given to any person under subsection (2) discloses reasonable ground for supposing that there have or may have been transferred to the person under this Act rights against any particular insurer, that insurer is subject to the same duty as is imposed by that subsection on the persons mentioned in that subsection. (5) The duty to give information imposed by this section includes a duty to allow all contracts of insurance, receipts for premiums and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken. (6) If without reasonable excuse any person fails to comply with this section or wilfully makes any false or misleading statement in reply to any such demand as aforesaid, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months.


document_id: mvtprca-1960
provision_ref: s12
section: 12
title: Settlement between insurers and insured persons
content:
12. Where — ( a ) a person who is insured under a policy issued for the purposes of this Act has become bankrupt; or ( b ) in the case of the insured person being a company a winding up order has been made or a resolution for a voluntary winding up has been passed with respect to the company, no agreement made between the insurer and the insured after liability has been incurred to a third party and after the commencement of the bankruptcy or winding up (as the case may be) nor any waiver, assignment or other disposition made by, or payment made to, the insured after the commencement aforesaid is effective to defeat or affect the rights transferred to the third party under this Act but those rights are the same as if no such agreement, waiver, assignment, disposition or payment has been made.


document_id: mvtprca-1960
provision_ref: s13
section: 13
title: Bankruptcy, etc., of insured person not to affect certain claims by third parties
content:
13. —(1) Where a certificate of insurance has been issued under section 4(9) to the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any event that is mentioned in section 10(1) or (2) does not, despite anything in this Act, affect any such liability of that person as is required to be covered by a policy under section 4(1)( b ). (2) Nothing in this section affects any rights against the insurer conferred under sections 10, 11 and 12 on the person to whom the liability was incurred.


document_id: mvtprca-1960
provision_ref: s14
section: 14
title: Further rights of third parties against insurers
content:
14. —(1) No settlement by an insurer in respect of any claim which might be made by a third party in respect of any such liability as is required to be covered by a policy under section 4(1)( b ) is valid unless the third party is a party to the settlement. (2) A policy issued under this Act remains in force and available for third parties despite the death of any person insured under section 4(1)( b ) as if the insured person were still alive.


document_id: mvtprca-1960
provision_ref: s15
section: 15
title: Duty to surrender certificate on cancellation of policy
content:
15. —(1) Where a certificate of insurance has been issued under section 4(9) to the person by whom a policy has been effected and the policy is cancelled by mutual consent or by virtue of any provision in the policy, the person to whom the certificate was issued must, within 7 days from the taking effect of the cancellation, surrender the certificate to the insurer or, if it has been lost or destroyed, make a statutory declaration to that effect. (2) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months.


document_id: mvtprca-1960
provision_ref: s16
section: 16
title: Requirements as to production of certificate of insurance or of security
content:
16. —(1) Any person driving a motor vehicle on a road must on being so required by a police officer give the person’s name and address and the name and address of the owner of the motor vehicle and produce his or her certificate. (2) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months. (3) If the driver of a motor vehicle within 5 days after the date on which the production of his or her certificate was so required produces the certificate in person at any police office or police station in Singapore that may have been specified by the driver at the time its production was required the driver must not be convicted of an offence under subsection (2) by reason only of failure to produce his or her certificate to the police officer. (4) If in any case where owing to the presence of a motor vehicle on a road an accident occurs involving personal injury to another person the driver of the vehicle does not at the time produce his or her certificate to a police officer or to some person who having reasonable grounds for so doing has required its production, the driver must, as soon as possible and in any case within 24 hours of the occurrence of the accident, report the accident at a police office or police station in Singapore and thereupon produce his or her certificate. (5) Any person who fails to comply with subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months. (6) A person must not be convicted of an offence under subsection (5) by reason only of failure to produce his or her certificate if within 5 days after the occurrence of the accident the person produces the certificate in person at any police office or police station in Singapore that may be specified by him or her at the time the accident was reported. (7) It is the duty of the owner of a motor vehicle to give any information that the owner may be required by or on behalf of the Deputy Commissioner of Police to give for the purpose of determining whether the motor vehicle was or was not being driven in contravention of section 3 on any occasion when the driver was required under this section to produce his or her certificate. (8) Any owner of a motor vehicle who fails to comply with subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months. (9) In this section, “produce his or her certificate” means produce for examination the relevant certificate of insurance or certificate of security or any other evidence that the motor vehicle is not or was not being driven in contravention of section 3 that may be prescribed.


document_id: mvtprca-1960
provision_ref: s17
section: 17
title: Deposits under this Act
content:
17. If any sum is deposited by any person under section 3 or as a condition of approval by the Minister under section 4, no part of that sum, so long as any liabilities, being such liabilities as are required to be covered by a policy of insurance under this Act which have been incurred by that person, have not been discharged or otherwise provided for, is applicable in discharge of any other liabilities incurred by that person.


document_id: mvtprca-1960
provision_ref: s18
section: 18
title: Prohibition of solicitation in respect of claims
content:
18. —(1) A person must not, directly or indirectly, solicit instructions or authority to act on behalf of any other person in respect of the making or commencement of any claim or action for damages for the death of or bodily injury to any person arising out of the use of a motor vehicle or in respect of the negotiation, compromise or settlement of that claim or action. (2) A person, other than a public officer or an advocate and solicitor properly acting in the course of his or her profession, must not, directly or indirectly, for personal gain make or commence or cause to be made or commenced on behalf of any other person any claim or action for damages for the death of or bodily injury to any person arising out of the use of a motor vehicle or negotiate, settle or compromise that claim or action when made or commenced. (3) Despite the provisions of any other written law, a public officer or an advocate and solicitor, acting in respect of the matters referred to in subsection (2), must not receive or accept any payment of money for so acting other than — ( a ) the costs that are agreed between him or her and the Public Trustee; ( b ) assessed costs, in default of such agreement with the Public Trustee; or [Act 25 of 2021 wef 01/04/2022] ( c ) the costs that the Public Trustee may determine to be the costs of the public officer or advocate and solicitor, if the public officer or advocate and solicitor fails to begin proceedings for assessment of costs within 3 months after the relevant date unless before that time the public officer or the advocate and solicitor has agreed with the Public Trustee on costs. [Act 25 of 2021 wef 01/04/2022] (4) For the purpose of subsection (3)( a ), an application to the Public Trustee by a public officer or an advocate and solicitor for an agreement on costs must be made in the manner, and together with the documents and information, that the Public Trustee may require. [22/2013] (5) Subsection (3) does not apply to a public officer or an advocate and solicitor claiming costs in respect of a judgment or settlement for a sum (excluding any amount payable in respect of costs and interest) not exceeding the relevant amount. [22/2013] (6) In subsection (3)( c ), “relevant date” means — ( a ) in relation to a settlement agreement mentioned in section 6(1) — (i) in the case where the quantum of the compensation payable under the settlement agreement requires the approval of the Public Trustee or the court under section 6(3)( a ), the date of the approval; and (ii) in any other case, the date of the settlement agreement; and ( b ) in relation to a judgment mentioned in section 9(1), the date the judgment is given. [22/2013] (7) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (8) Any agreement to pay any money other than the costs referred to in subsection (3)( a ), ( b ) or ( c ) to any person for work done or to be done or services rendered or to be rendered in respect of the matters referred to in subsection (1) or (2) is void. (9) Any money paid under subsection (8), is recoverable by action brought in a court by the person who has paid it. (10) Where it is shown that any money other than costs referred to in subsection (3)( a ), ( b ) or ( c ) has been paid to any clerk employed by an advocate and solicitor for work done or to be done or services rendered or to be rendered in respect of the matters referred to in subsection (1) or (2), it is presumed in, and for the purposes of, any action against the advocate and solicitor that the money was received by the clerk on behalf of the advocate and solicitor and the money is recoverable from the advocate and solicitor.


document_id: mvtprca-1960
provision_ref: s18A
section: 18A
title: Power of Public Trustee to obtain information
content:
18A. —(1) The Public Trustee may by written notice require a person to furnish, within the period and in the manner specified in the notice, any document or information that the Public Trustee may reasonably require for the discharge of his or her duties or functions, or the exercise of his or her powers, under this Act. [22/2013] (2) The Public Trustee is entitled without payment to keep any copy of or extract from a document furnished under subsection (1). [22/2013] (3) Any person who — ( a ) without reasonable excuse, fails to comply with any requirement under subsection (1); or ( b ) in purported compliance with any requirement under subsection (1), knowingly or recklessly furnishes to the Public Trustee any document or information that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months. [22/2013]


document_id: mvtprca-1960
provision_ref: s19
section: 19
title: Public Trustee may appear in court
content:
19. The Public Trustee has the right to appear and be heard in a court in any proceedings under this Act or in relation to any claim or action for damages for the death or bodily injury of any person arising out of the use of a motor vehicle.


document_id: mvtprca-1960
provision_ref: s20
section: 20
title: Power to amend sums specified in certain provisions
content:
20. The appropriate Minister may, by order in the Gazette , amend the following provisions of this Act by substituting a different sum for any sum for the time being specified in those provisions: Sections 3(6)( b ), 4(6) and (11)( b ), 6(1), 9(1)( a ) and ( b ) and 18(5). [22/2013]


document_id: mvtprca-1960
provision_ref: s21
section: 21
title: Application of this Act to securities
content:
21. —(1) The provisions of this Act apply in relation to securities having effect for the purposes of this Act as they apply in relation to policies of insurance. (2) In relation to any security referred to in subsection (1), references in the provisions of this Act to being insured, to a certificate of insurance, to an insurer and to persons insured are to be construed respectively as references to the having in force of the security, to the certificate of security, to the giver of the security and to the persons whose liability is covered by the security.


document_id: mvtprca-1960
provision_ref: s22
section: 22
title: Penalty
content:
22. —(1) Any person who acts in contravention of or fails to comply with any provision of this Act or of any rules made under this Act shall be guilty of an offence and shall be liable on conviction where no special penalty is provided to a fine not exceeding $500 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (2) If any person acting in contravention of or failing to comply with any provisions of this Act or of any rules made under this Act is a company, the managing director or other manager in Singapore of the company who is privy to the offence shall be liable to the like punishment.


document_id: mvtprca-1960
provision_ref: s23
section: 23
title: Power to exempt
content:
23. The Minister may, by notification in the Gazette and either generally or for any period stated in the notification and subject to any conditions that may in the notification be stated, exempt from any provision of this Act or of any rules made under this Act any person or class or description of persons or any vehicle or class or description of vehicles.


document_id: mvtprca-1960
provision_ref: s24
section: 24
title: Rules
content:
24. —(1) The appropriate Minister may make rules for prescribing anything which may be prescribed under this Act and generally for the purpose of carrying this Act into effect and in particular but without limiting this provision may make rules — ( a ) to prescribe the forms to be used for the purposes of this Act; ( b ) as to applications for and the issue of certificates of insurance and any other documents which may be prescribed and as to the keeping of records of documents and the furnishing of particulars thereof or the giving of information with respect thereto to the Minister or to the Deputy Commissioner of Police; ( c ) as to the fees to be paid to the Public Trustee for anything to be done under this Act; ( d ) as to the manner in which moneys received by the Public Trustee under this Act must be distributed; ( e ) as to the issue of copies of any such certificates or other documents which are lost or destroyed; ( f ) as to the custody, production, cancellation and surrender of any such certificates or other documents; ( g ) for providing that any provisions of this Act, in relation to motor vehicles brought into Singapore from a place outside Singapore by persons making only a temporary stay in Singapore, have effect subject to any modifications and adaptations that may be prescribed; ( h ) with respect to the payment of deposits under this Act and the investment of deposits or dealing with deposits, the deposit of stocks or other securities in lieu of money, the payment of the interest or dividends from time to time accruing due on any securities in which deposits are for the time being invested and the withdrawal and transfer of deposits. [22/2013] (2) All rules made under this Act must be published in the Gazette and must be presented to Parliament as soon as possible after publication. (3) If a resolution is passed pursuant to a motion notice of which has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the rules are so presented annulling the rules or any part of the rules as from a specified date, the rules or such part of the rules (as the case may be) thereupon become void as from that date but without affecting the validity of anything previously done under the rules or the making of new rules.


document_id: naca-1991
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Chairperson” means a member of the Council who is appointed under paragraph 3(1) of the First Schedule as the Chairperson of the Council, and includes any person appointed under that Schedule to act as the Chairperson; “Chief Executive” means the Chief Executive of the Council, and includes any individual acting in that capacity; “Council” means the National Arts Council established under section 3; “Deputy Chairperson” means a member of the Council who is appointed under paragraph 3(1) of the First Schedule as the Deputy Chairperson of the Council, and includes any person appointed under that Schedule to act as the Deputy Chairperson; “Fund” means the Singapore Arts Endowment Fund established under section 13; “member” means a member of the Council and includes the Chairperson and the Deputy Chairperson; “National Theatre Trust” means the National Theatre Trust constituted under section 3 of the repealed National Theatre Trust Act (Cap. 203, 1985 Revised Edition); “National Theatre Trust Board” means the Board of Trustees constituted under section 4 of the repealed National Theatre Trust Act (Cap. 203, 1985 Revised Edition); “National Theatre Trust Fund” means the National Theatre Trust Fund established under the repealed National Theatre Trust Act (Cap. 203, 1985 Revised Edition) and includes all subscriptions, donations, bequests, interest and dividends and all other property real and personal received or acquired for the purposes of that Act by the National Theatre Trust Board; “the arts” includes literary, performing and visual arts. [5/2018; 2/2020]


document_id: naca-1991
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF COUNCIL
section: 3
title: Establishment of National Arts Council
content:
3. A body called the National Arts Council is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding, developing and disposing of property, both movable and immovable; and ( c ) doing and suffering all such acts or things as bodies corporate may lawfully do or suffer.


document_id: naca-1991
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF COUNCIL
section: 4
title: Constitution of Council
content:
4. —(1) The Council consists of not less than 11 but not more than 27 members. [2/2020] (2) The First Schedule applies to the Council, its members and proceedings.


document_id: naca-1991
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF COUNCIL
section: 5
title: Functions of Council
content:
5. The functions of the Council are — ( a ) to promote excellence in the arts; ( b ) to promote conditions conducive to the advancement of artistic activities in Singapore; ( c ) to promote the appreciation, understanding and enjoyment of the arts; ( d ) to support and assist in the establishment and development of arts organisations; ( e ) to encourage the support of the arts by any persons, bodies or organisations; ( f ) to organise and promote artistic activities in Singapore; ( g ) to provide, and encourage the provision of, opportunities for persons to practise the arts and to receive training in the arts and arts administration; ( h ) to promote incentives for, and recognition of, achievement in the practice of the arts; ( i ) to establish and maintain arts facilities including performing arts centres, galleries, theatres, concert halls and rehearsal facilities, and other facilities and conveniences connected with such arts facilities; ( j ) to promote the arts of Singapore overseas through artistic exchange and other activities; and ( k ) to advise the Government, either of its own motion or upon request made to it by the Minister, on matters connected with the promotion of the arts or otherwise related to the performance of its functions.


document_id: naca-1991
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF COUNCIL
section: 6
title: Powers of Council
content:
6. —(1) The Council may do all things that are necessary for or incidental to the purpose of discharging its functions under this Act. (2) Without limiting subsection (1), the Council may, for the purpose referred to in that subsection — ( a ) appoint advisory committees consisting of persons, local or foreign, who have made significant contributions to the arts, to advise the Council on matters relating to the arts; ( b ) appoint committees consisting of persons who may or may not be members of the Council and delegate to such committees such of its functions as the Council may determine; ( c ) raise funds by all lawful means and receive gifts and donations, whether on trust or otherwise; ( d ) extend grants, contributions, loans or scholarships to any person or organisation connected with the arts, subject to such conditions as the Council thinks fit; ( e ) enter into contracts and establish trusts; ( f ) enter into joint ventures with any person or organisation, or form or participate in the formation of an incorporated company or companies; ( g ) provide or undertake publicity in any form; and ( h ) charge fees, commissions or rent for any goods, services or facilities provided by the Council.


document_id: naca-1991
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF COUNCIL
section: 7
title: Patrons of Council
content:
7. The Council may appoint — ( a ) a patron-in-chief of the Council; and ( b ) other patrons of the Council, not exceeding such number as the Minister may determine. 8. [ Repealed by Act 5 of 2018 ]


document_id: naca-1991
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF COUNCIL
section: 9
title: Directions by Minister
content:
9. —(1) The Minister may give to the Council any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Council must give the Minister such information with regard to its property and activities as the Minister may require.


document_id: naca-1991
provision_ref: s10
chapter: PART 3 - PROVISIONS RELATING TO STAFF
section: 10
title: Chief Executive
content:
10. —(1) There must be a Chief Executive of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: naca-1991
provision_ref: s11
chapter: PART 3 - PROVISIONS RELATING TO STAFF
section: 11
title: Other officers and employees, etc.
content:
11. The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: naca-1991
provision_ref: s11A
chapter: PART 3 - PROVISIONS RELATING TO STAFF
section: 11A
title: Secretary of Council
content:
11A. —(1) The Council may appoint an employee of the Council to be the secretary of the Council. [16/2016] (2) The secretary of the Council — ( a ) is responsible for the following matters: (i) arranging the business, and keeping the minutes, of each meeting of the Council; (ii) conveying any decision of the Council to the appropriate person; ( b ) is to perform such other functions as the Chairperson may direct; and ( c ) must act in accordance with such instructions as the Chairperson may give. [16/2016]


document_id: naca-1991
provision_ref: s12
chapter: PART 4 - FUNDS AND PROPERTY OF COUNCIL
section: 12
title: Funds and property of Council
content:
12. —(1) The funds and property of the Council include — ( a ) all moneys and property transferred to the Council under section 15; ( b ) all gifts, donations and contributions to the Council; ( c ) contributions from moneys provided by Parliament; and ( d ) all fees, commissions, rents, interests, dividends and other income accruing to the Council. (2) The Council may open and maintain an account or accounts with any bank or banks as the Council thinks fit. (3) The Council may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. (4) Subject to the terms of any trust or endowment, the funds and property of the Council must be applied solely for the purposes of or in connection with the performance of the functions, powers and duties of the Council under this Act, and no portion thereof may be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise by way of profit to its members. (5) Nothing in this section prevents the payment in good faith of remuneration to any employees of the Council.


document_id: naca-1991
provision_ref: s12A
chapter: PART 4 - FUNDS AND PROPERTY OF COUNCIL
section: 12A
title: Issue of shares, etc.
content:
12A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Council under this Act, or of any capital injection or other investment by the Government in the Council in accordance with any written law, the Council must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: naca-1991
provision_ref: s13
chapter: PART 4 - FUNDS AND PROPERTY OF COUNCIL
section: 13
title: Establishment of Singapore Arts Endowment Fund
content:
13. —(1) A fund called the Singapore Arts Endowment Fund is established, which vests in the Council and consists of — ( a ) all moneys transferred to the Council under section 15( a ); ( b ) all donations and gifts accepted by the Council for the Fund; ( c ) such contributions to the Fund as the Minister may specify from moneys provided by Parliament; and ( d ) any other moneys that the Council may decide to transfer to the Fund. (2) Any interest, dividends and other income derived from the Fund must be credited to the general funds of the Council. (3) In this section, “general funds of the Council” means the funds of the Council other than the Fund. (4) The Fund must not, except with the prior written approval of the Minister, be applied, disposed of or alienated otherwise than as specified in section 12(2) and (3).


document_id: naca-1991
provision_ref: s15
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 15
title: Transfer of assets and liabilities
content:
15. As from 15 October 1991 — ( a ) the National Theatre Trust Fund and all property, movable and immovable, vested in the National Theatre Trust immediately before that date, and all assets, rights and interests vested in, and all outstanding debts, liabilities and obligations incurred by, the National Theatre Trust in connection therewith; and ( b ) such movable property vested in the Government immediately before that date used to carry out any functions and services of the Arts Division in the Ministry of Information and the Arts which are similar to any functions vested in the Council by this Act, as the Minister for Finance may, by warrant, direct, must be transferred to and vest in the Council without further assurance.


document_id: naca-1991
provision_ref: s16
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 16
title: Existing agreements, etc.
content:
16. All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before 15 October 1991, affecting any of the property, rights, interests, liabilities and obligations transferred to or vested in the Council under section 15( a ) continue in force on and after that date and are enforceable by or against the Council as if, instead of the National Theatre Trust or a person acting on behalf of the National Theatre Trust, the Council had been named therein or had been a party thereto.


document_id: naca-1991
provision_ref: s17
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 17
title: Pending legal proceedings
content:
17. Any proceedings or cause of action pending or existing immediately before 15 October 1991 by or against the National Theatre Trust or any person acting on behalf of the National Theatre Trust may be continued and is to be enforced by or against the Council.


document_id: naca-1991
provision_ref: s18
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 18
title: Transfer of employees
content:
18. —(1) As from 15 October 1991, such persons who immediately before that date — ( a ) are employed by the National Theatre Trust; or ( b ) are employed by the Government for the purpose of carrying out any of the functions and services of the Arts Division in the Ministry of Information and the Arts which are similar to any functions vested in the Council by this Act, as the Minister may determine, must be transferred to the service of the Council on terms not less favourable than those the person would have enjoyed had the person remained in the service of the National Theatre Trust or the Government, as the case may be. (2) Despite subsection (1), such persons transferred to the service of the Council from the service of the Government, as the Minister may determine, must before 15 October 1991 be given the option of remaining in the service of the Government.


document_id: naca-1991
provision_ref: s19
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 19
title: Conditions of service
content:
19. —(1) Until such time as terms and conditions of service are drawn up by the Council — ( a ) every person transferred from the service of the Government under section 18 is to continue under the schemes and terms and conditions of service in the Government which the person would have enjoyed had the person remained in the service of the Government; and ( b ) every person transferred from the service of the National Theatre Trust under section 18 is to continue under the schemes and terms and conditions of service enjoyed by the person immediately prior to the person’s transfer. (2) The terms and conditions of service of persons transferred to the service of the Council under section 18 must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by such persons while in the employment of the Government or the National Theatre Trust (as the case may be) and any such term or condition relating to the length of service with the Council must provide for the recognition of service under the Government or the National Theatre Trust by persons so transferred to be service by them under the Council. (3) Nothing in the terms and conditions of service to be drawn up by the Council adversely affects the conditions that would have been applicable to persons transferred to the service of the Council as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) The terms and conditions of service, in the case of persons transferred to the service of the Council under section 18(1)( b ), must be agreed upon by the Government, the Council and the officer concerned.


document_id: naca-1991
provision_ref: s20
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 20
title: Pension schemes, provident fund, etc.
content:
20. —(1) Persons transferred under section 18 from the service of the Government who are eligible for any pension, gratuity or allowance payable under the Pensions Act 1956 must, before 15 October 1991, be given the option of continuing on any pension scheme established under this section. (2) If any person exercises his or her option given under subsection (1) to continue on a pension scheme, the Council may, with the approval of the Minister, make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Council as it may determine, or to their legal personal representatives or dependants, on the death or retirement of such employees from the service of the Council or on their otherwise leaving the service of the Council and the Third Schedule applies to any scheme or schemes so established. (3) In every case where a person employed by the Government has been transferred to the service of the Council under section 18, the Government is to be liable to pay the Council such portion of any gratuity, pension or allowance payable to such person on the person’s retirement or otherwise leaving the service of the Council as the same is to bear to the proportion which the aggregate amount of the person’s pensionable emoluments during the person’s service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Council. (4) Where any person who is transferred to the service of the Council under section 18 is a contributor under the Widows’ and Orphans’ Pension Act 1904, the person must, for the purposes of that Act, continue to make contributions under that Act as if the person had not been transferred to the service of the Council and, for the purposes of that Act, the person’s service with the Council is deemed to be service with the Government.


document_id: naca-1991
provision_ref: s21
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 21
title: No benefits in respect of abolition or reorganisation of office
content:
21. Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the Council under section 18 must not be entitled to claim any benefit under the Pensions Act 1956 on the ground that the person has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Council.


document_id: naca-1991
provision_ref: s22
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 22
title: Continuation and completion of disciplinary proceedings
content:
22. —(1) Where on 15 October 1991, any disciplinary proceedings are pending against any employee of the Government transferred to the service of the Council under section 18, any committee acting under due authority to hear or investigate the matter continues to exist, despite this Act, for the purpose of completing the hearing or investigation and the making of an order or rendering a decision (as the case may be), and the Government or committee must complete the hearing or investigation in accordance with the authority vested in the Government or committee immediately before that date and make such order, rule or direction as the Government or committee could have made under the authority vested in it immediately before that date. (2) Any order, rule or direction made or given by the Government or committee under this section is treated as an order, rule or direction of the Council and has the same force or effect as if it had been made or given by the Council pursuant to the authority vested in the Council under this Act.


document_id: naca-1991
provision_ref: s23
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 23
title: Misconduct or neglect of duty by employee before transfer
content:
23. The Council may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person transferred to the service of the Council under section 18 for any misconduct or neglect of duty committed prior to 15 October 1991 which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner by the Government or the National Theatre Trust (as the case may be), as if this Act had not been enacted.


document_id: naca-1991
provision_ref: s24
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 24
title: Protection from personal liability
content:
24. —(1) No suit or other legal proceedings shall lie against any member or employee of the Council or other person acting under the directions of the Council for anything which is in good faith done or intended to be done in the execution or purported execution of this Act. (2) Any expenses incurred by the Council or any member, employee or person acting under the direction of the Council must be borne by and repaid out of the funds of the Council.


document_id: nakio-1933
provision_ref: s2
section: 2
title: Incorporation
content:
2. The persons whose names are from time to time inscribed in the Register of Members hereinafter mentioned shall be a body corporate (hereinafter called “the Corporation”) and shall have perpetual succession under the name of “The Ngee Ann Kongsi”.


document_id: nakio-1933
provision_ref: s3
section: 3
title: Membership
content:
3. —(1) The Committee of Management hereinafter mentioned shall within one month after 10 March 1933 cause to be inserted for not less than 2 consecutive weeks in at least 2 of the Chinese daily newspapers circulating in Singapore notices inviting persons eligible to become members of the Corporation to apply for registration as members of the Corporation, and when and as often as application for membership shall be received or within a reasonable time thereafter the Committee of Management shall consider the same and shall elect to be members of the Corporation such applicants for membership as it shall in its absolute discretion consider desirable to elect. (2) No person shall be eligible for membership of the Corporation unless at the time of his application for membership — ( a ) he has attained the age of 21 years and has ordinarily resided in Singapore for not less than 2 years and is a member of the Teochew Community of or originating from one of the said Eight Districts; and ( b ) he fills up and signs a declaration in the form set forth in the First Schedule. (3) If any applicant for membership whose application shall be rejected by the Committee of Management shall enquire the reasons for such rejection, the Committee of Management may, but shall not be bound to, state such reasons. (4) No applicant for membership whose application shall be rejected by the Committee of Management shall be entitled again to apply for membership of the Corporation until the expiration of 6 months from the date of his previous application. (5) The Committee of Management shall within one month after 10 March 1933 cause to be kept a Register of Members of the Corporation and to be inscribed therein the name, address and occupation of every person elected to be a member of the Corporation and the date of his election.


document_id: nakio-1933
provision_ref: s4
section: 4
title: Rights on incorporation
content:
4. —(1) The Corporation shall have and may use a corporate seal which may from time to time be broken, changed, altered and made anew as to the Corporation shall seem fit. (2) The Corporation may sue and be sued in respect of its property and otherwise in all Courts of Justice. (3) The Corporation may acquire, purchase, lease, take, hold and enjoy movable and immovable property of every description and subject as hereinafter provided may sell, exchange, convey, assign, surrender and yield up, mortgage, demise, re‑assign, transfer or otherwise dispose of and deal with any movable and immovable property vested in the Corporation upon such terms as to the Corporation shall seem fit.


document_id: nakio-1933
provision_ref: s5
section: 5
title: Office
content:
5. The Corporation shall have an office at the Teochew Temple in Phillip Street, Singapore, or at such other place as may from time to time be decided.


document_id: nakio-1933
provision_ref: s6
section: 6
title: Objects and purposes
content:
6. The objects and general purposes of the Corporation shall be — ( a ) the promotion, propagation and observance of the doctrines, ceremonies, rites and customs of the religion or religions (other than the Christian religion) commonly professed or maintained in Singapore by members of the Teochew Community of the said Eight Districts; ( b ) the maintenance, administration and improvement of and, if necessary, enlargement and rebuilding of the Teochew Temple and the maintenance, administration and improvement and, if necessary, the enlargement or rebuilding of any other temple which may belong to or be acquired by the Corporation; ( c ) the maintenance, administration and improvement and, if necessary, the enlargement and development of all burial grounds and other property belonging to or acquired by the Corporation, and the Corporation shall be at liberty to develop for building or other purposes any land belonging to or acquired by the Corporation which is not required for use as a burial ground; ( d ) the establishment, maintenance, administration and improvement in Singapore of any school or schools for the advancement of the moral, intellectual and physical education and wellbeing of scholars thereat and the general promotion and advancement of education of scholars from any school or schools in Singapore which is, are or may be regulated, conducted, maintained or controlled from time to time by members of the Teochew Community of the said Eight Districts or by any person; ( e ) the support or assistance towards the support of poor Teochew students below the age of 20 years who desire to prosecute higher studies in Singapore or abroad and who shall be considered deserving of such support or assistance; and ( f ) such other charitable purposes for the benefit of the Teochew Community in Singapore of the said Eight Districts, or any community in Singapore, as shall be considered desirable. [37/2007]


document_id: nakio-1933
provision_ref: s7
section: 7
title: Management
content:
7. —(1) The affairs of the Corporation shall be managed by a Committee of Management. [37/2007] (2) Each of the following persons shall ex‑officio be and be entitled to act as a member of the Committee of Management (referred to in this Act as an ex‑officio member) if he is eligible for membership of the Corporation, whether or not he is a member of the Corporation: ( a ) every Chinese Member of Parliament who is a Teochew; ( b ) a representative of the Singapore Chinese Chamber of Commerce and Industry who is a Teochew and is the President or a Vice‑President of the Singapore Chinese Chamber of Commerce and Industry; ( c ) a representative of the Singapore Teochew Poit Ip Huay Kuan who is the President or a Vice‑President of the Singapore Teochew Poit Ip Huay Kuan; and ( d ) a representative of the family of the late Seah Eu Chin who is nominated by his descendants. [37/2007] (3) The members of the Committee of Management (other than the ex‑officio members and the first members of the Committee of Management referred to in section 8) shall comprise — ( a ) 20 persons elected from the members of the Corporation (each referred to in this Act as an elected member); and ( b ) not more than 5 persons co‑opted by the Committee of Management from the members of the Corporation (each referred to in this Act as a co‑opted member). [37/2007] (4) If any person entitled to act as an ex‑officio member shall hold more than one of the public appointments specified in subsection (2), such person shall specify in writing the public appointment in respect of which he desires to exercise his right to act, and shall exercise such right in respect only of the public appointment held by him so specified. (5) If any person entitled to act as an ex‑officio member ceases to hold the public appointment or appointments specified in subsection (2) entitling him so to act — ( a ) he shall cease to be a member of the Committee of Management; and ( b ) any vacancy in the Committee of Management thereby created may be filled by another person who holds that public appointment, is eligible for membership of the Corporation and is elected by the Committee of Management. [37/2007] (5A) If any person entitled to act as an ex‑officio member is unable or refuses to accept appointment or to act as an ex‑officio member — ( a ) he shall cease to be a member of the Committee of Management, notwithstanding that he may continue to hold any public appointment specified in subsection (2); and ( b ) any vacancy in the Committee of Management thereby created may be filled by another person who holds that public appointment, is eligible for membership of the Corporation and is elected by the Committee of Management. [37/2007] (6) Every elected member of the Committee of Management — ( a ) shall retire from office at the second annual general meeting of the Corporation held next after he became a member of the Committee of Management; but ( b ) shall be eligible for re‑election, or to be co‑opted by the Committee of Management appointed, at the annual general meeting of the Corporation at which he retires. [37/2007] (6A) Every co‑opted member of the Committee of Management — ( a ) shall retire from office at the annual general meeting of the Corporation at which the elected members of the Committee of Management which co‑opted him retire from office under subsection (6)( a ); but ( b ) shall be eligible for election, or to be co‑opted by the Committee of Management appointed, at the annual general meeting of the Corporation at which he retires. [37/2007] (7) The members of the Committee of Management appointed at any annual general meeting of the Corporation shall take over the duties of the members of the outgoing Committee of Management on or before the 15th day of the third lunar month in each year according to the old Chinese calendar. (8) If any member of the Committee of Management desires to retire from acting as such he shall give to the Corporation one month’s notice in writing of such his desire, and his resignation shall take effect from the date of the expiration of such notice or its earlier acceptance by the remaining members of the Committee of Management. (9) Subject to subsections (5) and (5A), if for any cause any casual vacancy shall occur in the Committee of Management such vacancy may be filled by a member of the Corporation elected by the Committee of Management, and any person so elected shall (unless otherwise arranged at the time of his election) hold office for the remainder of the period during which the member in whose place he shall be elected would have held office had such vacancy not occurred. (10) For the purposes of an election under the provisions of subsection (9) the Committee of Management shall take into consideration such one or more, not exceeding 10 of those persons who at the last previous election of members of the Committee of Management at an annual general meeting was or were proposed for election but did not then receive sufficient votes. [37/2007] (11) No person shall be eligible for election as a member of the Committee of Management unless — ( a ) he shall have attained the age of 22 years and is a person professing the religions (other than the Christian religion) professed by members or some of the members in Singapore of the Teochew Community of the said Eight Districts; ( b ) he shall have been a member of the Corporation for at least 6 months prior to the date of the annual general meeting of the Corporation or other date at which his election is proposed. (12) If any member of the Committee of Management becomes bankrupt he shall ipso facto vacate office. (13) If in the opinion of the Committee of Management any member thereof shall misconduct himself or his affairs, or otherwise be or become unfit to continue to act, he may, by the vote of two‑thirds of the members of the Committee of Management attending at a meeting specially called to consider the matter, be expelled from the Committee of Management but he shall at the said meeting be given an opportunity of explaining his conduct, or the matters giving rise to the calling of the meeting, and no vote shall be passed at such meeting unless such opportunity aforesaid shall have been given.


document_id: nakio-1933
provision_ref: s8
section: 8
title: First Committee of Management
content:
8. The first members of the Committee of Management shall be the following:— ( a ) Lim Nee Soon of Chop Thong Mui of Nos. 112/114, Robinson Road, Singapore; ( b ) Lee Wee Nam of Chop Chye Hua Seng of No. 17, New Bridge Road, Singapore; ( c ) Goh Yang Pheng of Chop Siang Hua of No. 58, Boat Quay, Singapore; ( d ) Yeo Choo Tian of Chop Long Huat of No. 35, Circular Road, Singapore; ( e ) Chew Swee Lin of Chop Nam Heng Hak Kee of Nos. 4/5, Fish Street, Singapore; ( f ) Tan Lip Sek of Chop Tan Guan Lee of No. 79, Boat Quay, Singapore; ( g ) Quek Theng Thong of Chop Teo Siang Guan Kee of No. 65, Circular Road, Singapore; ( h ) Lim Woo Ngam of Chop Seng Moh of No. 754, North Bridge Road, Singapore; ( i ) Nah Wee Liat of Chop Wee Heng of No. 81, Boat Quay, Singapore; ( j ) Tan Guan Chua of Chop Chua Seng Heng of No. 20‑14, Armenian Street, Singapore; ( k ) Low Chia Heng of Chop Low Hong Thye of No. 30, Circular Road, Singapore; ( l ) Low Peng Soy of Chop Yong Hong of No. 57, Boat Quay, Singapore; ( m ) Kwek Liang Choon of Chop Quek Khye Seng of No. 30, Boat Quay, Singapore; ( n ) Liau Chia Heng of Chop Buan Mui Seng of No. 5, Cumming Street, Singapore; ( o ) Yeo Chan Boon of Chop Yong Guan Seng of No. 60, Circular Road, Singapore; ( p ) Tan Chew Char of Chop Sin Heng of No. 1167, Serangoon Road, Singapore; ( q ) Goh Teck Chng of Chop Yong Buan Long of No. 51, Circular Road, Singapore; ( r ) Tan Miang Long of Chop Liang Seng of No. 326, Thomson Road, Singapore; ( s ) Sim Ka Siew of Chop Kheng Soon Seng of No. 57, Boat Quay, Singapore; ( t ) Quek Soo Kow of Chop Kow Hak of No. 12, North Canal Road, Singapore; ( u ) Lim Soo Siam of Chop Yong Swee Seng of No. 66, Canal Road, Singapore; ( v ) Low Peng Soo of Chop Low Joon Hong of No. 31, Boat Quay, Singapore; ( w ) Lee Kim Soo of Chop Kwang Moh of No. 89, High Street, Singapore; ( x ) Lim Chong Pang of Chop Thong Yak of Nos. 112/114, Robinson Road, Singapore; ( y ) Seah Eng Tong of Chop Chin Heng of No. 4, North Bridge Road, Singapore, and the first members of the Committee of Management shall be entitled to hold office until 25 January 1933, or until the second annual general meeting of the Corporation, whichever shall be the later date.


document_id: nakio-1933
provision_ref: s9
section: 9
title: Officers
content:
9. —(1) The Committee of Management shall in such manner as they think fit elect from their number a President, 2 Vice‑Presidents, an Honorary Secretary and an Honorary Treasurer, and in addition shall appoint an Assistant to the Honorary Secretary and an auditor or auditors, and such persons are hereinafter referred to as “the officers” of the Corporation. (2) No person shall be elected or appointed to be an officer of the Corporation unless he shall have attained the age of 25 years. (3) If any officer of the Corporation shall during his term of office be absent from Singapore or incapacitated from acting as such officer the remaining elected members of the Committee of Management may appoint one of their number or some other proper person to act in the place of the officer absent or incapacitated from acting, and any person so appointed shall hold office only during the absence or incapacity of the officer in whose place he shall have been appointed and in any event shall cease to hold office at the next annual general meeting of the Corporation. (4) Any person elected to be the President or Honorary Treasurer of the Corporation for 2 years shall not be entitled to hold office as such for the next ensuing 2 years. [37/2007]


document_id: nakio-1933
provision_ref: s9A
section: 9A
title: Honorary Past Presidents
content:
9A. —(1) The Committee of Management may appoint one or more Honorary Past Presidents to serve as advisers to the Committee of Management. [37/2007] (2) No person shall be eligible for appointment as an Honorary Past President unless he is — ( a ) a member of the Corporation; and ( b ) a former President of the Corporation. [37/2007] (3) The term of office of an Honorary Past President shall end on the date on which the members of the Committee of Management (other than ex‑officio members) which appointed him retire from office under section 7(6)( a ) and (6A)( a ). [37/2007] (4) Every person who has been appointed as an Honorary Past President shall be eligible for re‑appointment. [37/2007]


document_id: nakio-1933
provision_ref: s9B
section: 9B
title: Publication and advertisement of appointments
content:
9B. The particulars of every appointment of an officer of the Corporation, a member of the Committee of Management, or an Honorary Past President, including the name, address and occupation of the person appointed, the date of the appointment, and the office to which the person was appointed, shall be — ( a ) published in the Gazette within 21 days after the date of the appointment; and ( b ) advertised in at least 2 issues of one Chinese daily newspaper circulating in Singapore. [37/2007]


document_id: nakio-1933
provision_ref: s10
section: 10
title: Proceedings of Committee of Management
content:
10. —(1) The Committee of Management shall meet together at least once in every 3 months to discuss the management and affairs of the Corporation and 7 members shall form a quorum. (2) The President, or in his absence one of the Vice‑Presidents of the Corporation, shall preside at all meetings of the Committee of Management, but if at the time appointed for the meeting the President and both Vice‑Presidents shall be absent the members present shall appoint one of their number to preside. (3) All questions arising at any meeting of the Committee of Management shall be decided by a majority of votes on a show of hands or on a ballot if a ballot be demanded by at least 3 members, and each member present shall be entitled to one vote, and in the case of an equality of votes the member presiding at the meeting shall have a second or casting vote. (4) The Honorary Secretary shall cause to be kept minutes of the proceedings of all meetings of the Committee of Management and such minutes shall be submitted for confirmation at such meeting or at the next succeeding meeting of the Committee of Management and if then confirmed shall be signed by the Chairman of the meeting at which such confirmation is made and thereafter shall be prima facie evidence of all proceedings evidenced thereby.


document_id: nakio-1933
provision_ref: s11
section: 11
title: Accounts, etc.
content:
11. —(1) The Honorary Treasurer shall cause proper books of account to be kept and therein to be entered full particulars of all assets and liabilities and of all receipts and disbursements on account of the Corporation and of all other matters and things relative thereto and necessary to explain such entries. (2) Not later than the last day of the first lunar month in each year according to the old Chinese calendar the Honorary Treasurer shall cause to be prepared a statement in the form of a balance sheet containing particulars of all assets and liabilities of the Corporation and an account of the receipts and disbursements during the Chinese year preceding. (3) The accounts kept by the Honorary Treasurer and the annual statement prepared by him in accordance with the provisions of the preceding subsections shall be audited by the auditor or auditors as and when requested by the Committee of Management, and the auditor or auditors shall certify in writing the result of his or their audit. (4) When and as soon as the annual statement above referred to shall have been audited as aforesaid a copy thereof shall be posted in a conspicuous place in the office of the Corporation for at least 7 days prior to the holding of the next annual meeting of the Corporation.


document_id: nakio-1933
provision_ref: s12
section: 12
title: Annual meeting
content:
12. —(1) The Corporation shall once every year on or before the last day of the second lunar month according to the old Chinese calendar hold an annual meeting of members. (2) The business to be transacted at each annual meeting shall be the consideration of the annual statement and accounts of the Corporation for the preceding year and the consideration of any question raised as to the management of the affairs of the Corporation, and at every alternate annual general meeting the business shall also include the election of the members of the Committee of Management to take the place of those retiring.


document_id: nakio-1933
provision_ref: s13
section: 13
title: Extraordinary general meetings
content:
13. —(1) Upon receipt of a requisition by at least 5 members of the Committee of Management or by at least 10 members of the Corporation the Committee of Management shall proceed to convene an extraordinary general meeting of the Corporation. (2) The requisition shall state the objects of the meeting and shall be signed by the requisitionists and deposited at the office of the Corporation. The requisition may consist of more documents than one provided the same are duly signed and specify the same or similar objects. (3) The Committee of Management shall within 10 days from the receipt of the requisition aforesaid cause an acknowledgment thereof to be sent to the requisitionists and shall within 20 days from the receipt of such requisition cause an extraordinary general meeting to be held to discuss the objects specified in the requisition. (4) If the Committee of Management does not within the time aforesaid cause an extraordinary general meeting of the Corporation to be held in the manner aforesaid the requisitionists or a majority of them may themselves convene the meeting, and any meeting convened by requisitionists shall be convened in the same manner as nearly as possible as that in which such meetings ought to be convened by the Committee of Management.


document_id: nakio-1933
provision_ref: s14
section: 14
title: General meetings and notice thereof
content:
14. —(1) The annual general meeting and all extraordinary general meetings are hereinafter referred to as general meetings. (2) The Committee of Management shall serve a written notice of every general meeting not less than 7 clear days before the day on which the general meeting is to be held. [37/2007] (3) The notice under subsection (2) shall be served on every member of the Corporation, and on every ex‑officio member (not being a member of the Corporation), who has provided to the Corporation an address for service — ( a ) personally; ( b ) by post addressed to him at his address for service; or ( c ) by delivering the notice to his address for service. [37/2007] (4) Where the notice under subsection (2) is sent by post, it shall be deemed to be served at the time when the notice would, in the ordinary course of post, be delivered. [37/2007] (5) In proving service of the notice under subsection (2) by post, it shall be sufficient to prove that the cover containing the notice was properly addressed, stamped and posted. [37/2007] (6) Notwithstanding subsections (2) and (3), the proceedings at a general meeting are not invalidated by reason only of — ( a ) any accidental omission to give the notice under subsection (2) to any person; or ( b ) the non‑receipt by any person of the notice under subsection (2). [37/2007] (7) The Committee of Management shall cause a notice of every general meeting to be advertised in one Chinese daily newspaper circulating in Singapore not less than 7 clear days before the day on which the general meeting is to be held. [37/2007] (8) The notice under subsection (7) shall specify — ( a ) the date, time and place of the general meeting; ( b ) the general nature of the business to be transacted at the general meeting; and ( c ) in the case of any special business, concise particulars of that business. [37/2007]


document_id: nakio-1933
provision_ref: s15
section: 15
title: Place of meeting
content:
15. Every general meeting of the Corporation shall be held at the office of the Corporation or at such other place as may be specified by the Committee of Management or if called under the provisions of section 13 by the requisitionists in the notice calling such meeting.


document_id: nakio-1933
provision_ref: s16
section: 16
title: Proceedings at general meetings
content:
16. —(1) Subject to subsection (1A), 20 members of the Corporation shall form a quorum at any general meeting. [37/2007] (1A) If, after 30 minutes from the time appointed for a general meeting, there are fewer than 20 members of the Corporation present at the place of the general meeting, any 10 or more members of the Corporation present at that place shall form a quorum for the general meeting. [37/2007] (2) The President of the Corporation or in his absence one of the Vice‑Presidents shall be entitled to take the chair at every general meeting, but in the absence of the President and Vice‑Presidents at the time appointed for any general meeting the members present may elect a member of the Committee of Management to take the chair. (3) Every question arising at a general meeting shall unless otherwise decided be decided by a majority of votes on a ballot, and every member present shall be entitled to one vote, and in case of an equality of votes the member presiding at the meeting shall have a second or casting vote. (4) The Honorary Secretary (or some other person appointed for the purpose by the Chairman of the Meeting) shall cause minutes to be kept of all proceedings at every general meeting of the Corporation.


document_id: nakio-1933
provision_ref: s16A
section: 16A
title: Amendment of Ordinance
content:
16A. The Committee of Management shall not propose any amendment to this Ordinance without the prior approval of a majority of the members of the Corporation present at a general meeting. [37/2007]


document_id: nakio-1933
provision_ref: s17
section: 17
title: Where records, etc., to be kept
content:
17. —(1) The Register of Members, the minutes of proceedings at all general meetings of the Corporation and at all meetings of the members of the Committee of Management, and the books of account of the Corporation, shall be kept at the office of the Corporation and shall at all reasonable times be open to inspection by any member of the Corporation, provided that the written permission of the President or a Vice‑President be obtained prior to such inspection. (2) The title deeds and securities of the Corporation shall be kept at such place and in such custody as the President of the Corporation with the approval of the Committee of Management shall decide, and the President of the Corporation shall be responsible for their safe custody.


document_id: nakio-1933
provision_ref: s18
section: 18
title: The seal
content:
18. —(1) The seal of the Corporation shall be kept at the office of the Corporation and shall not be used except by the authority of a resolution of the Committee of Management, and all deeds and other documents requiring to be sealed shall be sealed with such seal in the presence of and shall be signed by the President of the Corporation or one of the Vice‑Presidents and by the Honorary Secretary and one other member of the Committee of Management. (2) The signatures of the President or Vice‑President and the Honorary Secretary and one member of the Committee of Management shall for all purposes be accepted as sufficient evidence of the due sealing of all deeds, documents and other instruments sealed on behalf of the Corporation.


document_id: nakio-1933
provision_ref: s19
section: 19
title: Vesting of property
content:
19. —(1) The several persons mentioned in the third column of the Second Schedule or the survivors or survivor of them or the personal representative or representatives of the last survivor of them, being the persons or person in whom are vested the respective estates and interests mentioned in the second column of the said Schedule in the lands, hereditaments and premises specified in the first column of the said Schedule, are hereby divested of such estates and interests, and such estates and interests are hereby vested in the Corporation as trustee for the members in Singapore of the Teochew Community of the said Eight Districts subject nevertheless to all conditions of tenure incident thereto and to any trusts affecting the same but with full power subject as aforesaid for the Corporation as such trustee to deal with the property so vested in accordance with the provisions of this Ordinance. (2) All moneys and movable property held by any person on behalf of the said Society and all moneys subscribed for the purposes of the Corporation and all property movable or immovable purchased or agreed to be purchased with such moneys shall be vested in the Corporation and the same and all subscriptions and donations to the Corporation shall be held by the Corporation in trust for the purposes in this Ordinance declared. (3) Within 3 months after 10 March 1933, the persons who prior to 10 March 1933, have been or have been acting as Trustees of the said Society, and who are not members of the Committee of Management referred to in section 8, shall deliver to the first members of the Committee of Management all deeds, documents of title, securities, moneys and other movable property of the said Society in their possession or under their control, and thereafter the Committee of Management shall be responsible therefor, and all debts due to the said Society on 10 March 1933, shall be payable to the Corporation, and the Committee of Management shall out of the funds of the Corporation pay all debts payable by the said Society.


document_id: nakio-1933
provision_ref: s20
section: 20
title: Immovable property of Corporation
content:
20. —(1) The Corporation shall not sell, exchange, mortgage, lease (otherwise than upon a tenancy not exceeding 3 years) or otherwise alienate or encumber any immovable property belonging to the Corporation without the permission of the General Division of the High Court, and the Corporation shall not purchase any immovable property out of the funds of the Corporation without such permission, and no application to the General Division of the High Court for such permission shall be made without a resolution being first passed at a general meeting of members held for such purpose. [Act 25 of 2021 wef 01/04/2022] [37/2007; 40/2019] (2) An application for such permission shall be made to the Court by originating application supported by an affidavit setting out the facts and reasons for which the Corporation desires to sell, exchange, mortgage or otherwise alienate or encumber or purchase the immovable property, and the application shall seek a decree of the court as in a suit relating to charities. [Act 25 of 2021 wef 01/04/2022] [42/2005] (3) A copy of every such application shall be served on the Attorney‑General a reasonable time before the hearing of the application. [42/2005] (4) The Attorney‑General may oppose the application, and if, after hearing him, the General Division of the High Court is of opinion that it will be for the general advantage of the Corporation and the members of the Teochew Community for whose benefit the Corporation is maintained to grant the application the General Division of the High Court may make a decree to that effect. [42/2005; 40/2019] (5) The application to the General Division of the High Court and the decree of the General Division of the High Court shall be recited in the conveyance, assignment, mortgage, lease or other assurance of the immovable property to be given to the purchaser, mortgagee, lessee or other person or taken by the Corporation. [40/2019] (6) Any immovable property so sold, exchanged, leased or otherwise alienated, except by way of mortgage, shall be held by the purchaser or person exchanging or otherwise taking the same free from the trusts imposed under this Ordinance.


document_id: nakio-1933
provision_ref: s20A
section: 20A
title: Moneys received by Corporation
content:
20A. —(1) The Committee of Management shall, in each accounting period of the Corporation, set apart 75% of the net income of the Corporation in that accounting period, and shall, by the end of the next accounting period, donate — ( a ) 25% of the net income to the Ngee Ann Polytechnic constituted under the Ngee Ann Polytechnic Act 1967; ( b ) 40% of the net income to such other educational institutions and in such manner as the Minister may approve; and ( c ) 10% of the net income to other charitable purposes in Singapore. [37/2007] (2) For the purposes of subsection (1), the net income of the Corporation in any accounting period of the Corporation shall be the amount determined in accordance with the following formula: where A is the amount of all moneys received by the Corporation in that accounting period by way of income from any source other than — ( a ) the sale, disposition or compulsory acquisition of any relevant asset or immovable property belonging to the Corporation; and ( b ) the withdrawal of any relevant deposit belonging to the Corporation; B is the amount which is the total of — ( a ) all operating expenses reasonably incurred by the Corporation during that accounting period; and ( b ) any depreciation in the value of the fixed assets of the Corporation during that accounting period; and C is the amount of all moneys received by the Corporation, whether by way of income or otherwise, in the accounting period immediately preceding that accounting period from — ( a ) the sale, disposition or compulsory acquisition of any relevant asset or immovable property belonging to the Corporation; and ( b ) the withdrawal of any relevant deposit belonging to the Corporation, which at the end of the accounting period second‑mentioned in this definition were not utilised for the purchase of any relevant asset or immovable property, or the making of any relevant deposit, by the Corporation. [37/2007] (3) Subject to subsections (1) and (2), no moneys received by the Corporation, whether by way of income or otherwise, from — ( a ) the sale, disposition or compulsory acquisition of any relevant asset or immovable property belonging to the Corporation; or ( b ) the withdrawal of any relevant deposit belonging to the Corporation, shall be utilised otherwise than for the purchase of any relevant asset or immovable property, or the making of any relevant deposit, by the Corporation. [37/2007] (4) All moneys received by the Corporation, whether by way of income or otherwise, shall, as soon as practicable, be deposited in a relevant bank account pending the utilisation of those moneys. [37/2007] (5) Subject to subsections (1), (2) and (3), no moneys deposited in any relevant bank account shall be utilised otherwise than for — ( a ) the purchase of any relevant asset or immovable property, or the making of any relevant deposit, by the Corporation; ( b ) the payment of any operating expenses reasonably incurred by the Corporation; ( c ) the making of any donation referred to in subsection (1); or ( d ) the making of any donation for any purpose consistent with the objects and general purposes of the Corporation referred to in section 6. [37/2007] (6) The Minister, or any person authorised by the Minister, may require the Honorary Treasurer or the Committee of Management to furnish him with — ( a ) all accounting and other records relating, directly or indirectly, to the financial transactions of the Corporation; and ( b ) such other information in the possession of the Honorary Treasurer or the Committee of Management, or to which the Honorary Treasurer or the Committee of Management has access, as he considers necessary for ascertaining whether subsections (1), (3), (4) and (5) have been complied with, and the Honorary Treasurer or Committee of Management, as the case may be, shall comply with that requirement. [37/2007] (7) The Minister may institute such proceedings as he considers necessary for ensuring compliance with this section and section 20B. [37/2007] (8) In this section — “charitable purposes” has the same meaning as in section 2(1) of the Charities Act 1994; “Minister” means the Minister charged with the responsibility for education; “relevant asset” means any asset held or to be held for the purposes of investment; “relevant bank account” means any bank account maintained and operated by the Corporation in the ordinary course of business for the purpose of depositing moneys received by the Corporation pending the utilisation of those moneys; “relevant deposit” means any deposit made or to be made, as an investment, with — ( a ) any bank licensed under the Banking Act 1970; ( b ) any finance company licensed under the Finance Companies Act 1967; or ( c ) any merchant bank licensed under the Banking Act 1970, but does not include any deposit in any relevant bank account. [37/2007; 1/2020]


document_id: nakio-1933
provision_ref: s20B
section: 20B
title: Subsidiaries of Corporation
content:
20B. —(1) The Corporation shall not act in any manner which is prejudicial to the interests of the educational institutions referred to in section 20A(1)( a ) and ( b ) when exercising the voting rights attached to its shares in any of its subsidiaries in relation to any significant proposal affecting the subsidiary concerned. [37/2007] (2) Where the Corporation contravenes subsection (1) in relation to any significant proposal affecting any subsidiary of the Corporation, any resolution passed in relation to the significant proposal at a general meeting of the subsidiary, and anything done pursuant to any such resolution, shall be invalid and of no effect. [37/2007] (3) Notwithstanding section 157 of the Companies Act 1967, a relevant director of any subsidiary of the Corporation shall not act in any manner which is prejudicial to the interests of the educational institutions referred to in section 20A(1)( a ) and ( b ) when exercising his voting rights as a director of the subsidiary in relation to any significant proposal affecting the subsidiary. [37/2007] (4) Where any relevant director of any subsidiary of the Corporation contravenes subsection (3) in relation to any significant proposal affecting the subsidiary, any resolution passed in relation to the significant proposal by the board of directors of the subsidiary, and anything done pursuant to any such resolution, shall be invalid and of no effect. [37/2007] (5) A relevant director of any subsidiary of the Corporation does not — ( a ) commit any breach of any provision of section 157 of the Companies Act 1967; or ( b ) breach any duty under any other written law or rule of law relating to the duty or liability of directors or officers of a company, merely because he has complied with subsection (3). [37/2007] (6) In this section — “relevant director”, in relation to any subsidiary of the Corporation, means — ( a ) any director of the subsidiary who is appointed, nominated or proposed by the Corporation or the Committee of Management; ( b ) any director of the subsidiary who is a member of, or whose appointment as a director follows necessarily from his being a member of, the Committee of Management, regardless of whether he was appointed, nominated or proposed by the Corporation or the Committee of Management; ( c ) any director of the subsidiary who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the Corporation or the Committee of Management, regardless of whether he was appointed, nominated or proposed by the Corporation or the Committee of Management; ( d ) any director of the subsidiary appointed by the board of directors of the subsidiary who was nominated or proposed by any director of the subsidiary referred to in this paragraph or paragraph ( a ), ( b ) or ( c ); or ( e ) any alternate director of the subsidiary appointed by any director of the subsidiary referred to in paragraph ( a ), ( b ), ( c ) or ( d ); “significant proposal”, in relation to any subsidiary of the Corporation, means — ( a ) a proposal to dispose of the whole or substantially the whole of the undertaking or property of the subsidiary; ( b ) a proposal to voluntarily wind up the subsidiary; ( c ) a proposal to add, delete or alter any provision of the memorandum or articles of association of the subsidiary; or ( d ) a proposal to appoint, remove or replace any director of the subsidiary. [37/2007]


document_id: nakio-1933
provision_ref: s21
section: 21
title: Rules
content:
21. The Committee of Management may make rules not inconsistent with the provisions of this Ordinance — ( a ) to prescribe the conditions relating to eligibility for membership of the Corporation and the method of election; ( b ) to prescribe the conditions requisite to be complied with to entitle a student to support or assistance under section 6( e ); ( c ) to regulate the election of officers of the Corporation; ( d ) to regulate the calling and conduct of meetings of the Committee of Management and their procedure in transacting business; ( e ) for the appointment of subcommittees to whom may be delegated powers to manage the Teochew Temple at Phillip Street and any other temple and any burial ground or other property of the Corporation; ( f ) to allocate duties to and to regulate the exercise of executive powers by the President, the officers, the Committee of Management, and subcommittees of the Corporation; ( g ) to regulate the collection of subscriptions for the purposes of the Corporation; ( h ) to regulate the keeping and presentation of accounts; ( i ) to regulate the appointment, conduct and dismissal of servants of the Corporation; ( j ) for any other purpose necessary or expedient, and a copy certified under the hand of the President of the Corporation of all such rules shall be published in the Gazette and shall not be effective until the expiration of one month from the date of such publication.


document_id: nakio-1933
provision_ref: s22
section: 22
title: Saving of Government and other rights
content:
22. Nothing in this Ordinance shall affect the rights of the Government or of any bodies politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, through, from or under them. [7/97]


document_id: napa-1967
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Chairperson” means the Chairperson of the Council; “Council” means the Council of the Polytechnic constituted under section 5; “Ngee Ann Kongsi” means the Ngee Ann Kongsi incorporated under the Ngee Ann Kongsi (Incorporation) Ordinance 1933; “Polytechnic” means the Ngee Ann Polytechnic incorporated under section 3; “Principal” means the Principal of the Polytechnic, and includes any individual acting in that capacity; “Registrar” means the Registrar of the Polytechnic appointed under section 13(1); “Senate” means the Senate of the Polytechnic constituted under section 5. [5/2018]


document_id: napa-1967
provision_ref: s3
section: 3
title: Incorporation of Ngee Ann Polytechnic
content:
3. There is constituted in accordance with the provisions of this Act a Polytechnic with the name and style of the Ngee Ann Polytechnic, which is a body corporate with perpetual succession and must have a common seal, with full power by and in that name to sue and be sued and to perform any other acts that bodies corporate may by law perform, and with other powers conferred by this Act.


document_id: napa-1967
provision_ref: s4
section: 4
title: Objects and functions of Polytechnic
content:
4. The objects and functions of the Polytechnic are — ( a ) to assist in the preservation, dissemination, communication and increase of knowledge; ( b ) to provide regular courses of instruction in the sciences, the technologies and commerce, and in any other branches of knowledge as the Council may from time to time determine; and ( c ) to stimulate the intellectual, cultural, commercial and industrial development of Singapore and thereby to assist in promoting its economic and social welfare.


document_id: napa-1967
provision_ref: s5
section: 5
title: Council and Senate
content:
5. The Polytechnic has a Council and a Senate, whose composition, functions and powers are as set out in this Act.


document_id: napa-1967
provision_ref: s6
section: 6
title: Council to be supreme governing body
content:
6. The Council is, subject to the provisions of this Act, the supreme governing and executive body of the Polytechnic and must administer the property of the Polytechnic in accordance with its objects and functions as set out in section 4.


document_id: napa-1967
provision_ref: s7
section: 7
title: Composition of Council
content:
7. —(1) The Council consists of the following members: ( a ) a Chairperson; ( b ) a Deputy Chairperson; ( c ) the Principal; ( d ) 3 representatives of the Ngee Ann Kongsi nominated by its Committee of Management; and ( e ) not less than 6 but not more than 12 other persons as the Minister may determine. (2) Every member of the Council, except the Principal, is to be appointed by the Minister and, unless the Minister otherwise directs, holds office for a period of 3 years from the date of the appointment and is eligible for re-appointment.


document_id: napa-1967
provision_ref: s8
section: 8
title: Vacation of office of member of Council
content:
8. —(1) The office of a member of the Council is vacated if the member — ( a ) becomes a bankrupt or suspends payment to, or makes any arrangement or composition with, his or her creditors; or ( b ) has been absent, without leave of the Council, from 3 consecutive meetings. (2) The Minister may revoke the appointment of a member of the Council, except that of the Principal, if the member becomes, in the opinion of the Minister, unfit to continue in office or incapable of performing the member’s duties. (3) A member of the Council, except the Principal, may resign from his or her appointment at any time by giving written notice to the Minister.


document_id: napa-1967
provision_ref: s9
section: 9
title: Filling of vacancy in office of member of Council
content:
9. —(1) If the office of a member of the Council, other than that of the Principal, is vacant, the Minister may appoint any person to fill the vacancy and to hold the office for the remainder of the term of the person’s predecessor. (2) Where the member in whose place a person is appointed under subsection (1) was a representative of the Ngee Ann Kongsi, the person appointed must also be a representative of the Ngee Ann Kongsi nominated by the Committee of Management.


document_id: napa-1967
provision_ref: s10
section: 10
title: Functions of Council
content:
10. —(1) It is the duty of the Council to exercise its powers in the manner best calculated to promote the objects and functions of the Polytechnic. (2) The functions of the Council include — ( a ) the authorisation of appropriate and necessary expenditure within the limits of the funds available to the Polytechnic; ( b ) the receipt of an annual report on the working of the Polytechnic from the Principal; ( c ) the preparation of the annual estimates and of annual statements of accounts in accordance with any rules made under this Act; ( d ) the appointment of the members of the academic and administrative staff and the appointment of such advisers as the Council may consider necessary or desirable; ( e ) the raising of funds for the Polytechnic and the provision of the revenues of the Polytechnic; ( f ) the discipline of the Polytechnic; and ( g ) the doing of all such matters and things as the Council may consider necessary for the exercise or performance of all or any of the functions and duties of the Council.


document_id: napa-1967
provision_ref: s11
section: 11
title: Powers of Council
content:
11. For the purpose of giving effect to the provisions of this Act, the Council may, where it considers it necessary or expedient — ( a ) enter into contracts; ( b ) acquire, purchase, take, hold and enjoy any movable and immovable property; ( c ) sell, convey, assign, surrender and yield up, mortgage, demise, re‑assign, transfer or otherwise dispose of any movable or immovable property vested in the Polytechnic upon any terms that the Council considers fit; ( d ) borrow money at interest on the security of any corporate land or of any funds of the Polytechnic; ( e ) invest the funds of the Polytechnic in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965; and ( f ) do all other matters and things incidental or appertaining to a body corporate. [45/2004]


document_id: napa-1967
provision_ref: s12
section: 12
title: Meetings of Council
content:
12. —(1) The Chairperson must summon meetings of the Council as often as may be required. (2) The quorum at every meeting of the Council is 6 members. (3) Every decision at a meeting of the Council is to be adopted by a simple majority of the votes of the members present and voting, except that in the case of an equality of votes, the Chairperson or, in his or her absence, the Deputy Chairperson of the Council has a casting vote. (4) The Chairperson or, in his or her absence, the Deputy Chairperson presides at a meeting of the Council. (5) In the absence of the Chairperson and the Deputy Chairperson at a meeting of the Council, the member elected from among the members present, presides at the meeting. (6) The Council may grant leave of absence from a meeting of the Council to a member of the Council. (7) The Council is not precluded from holding a meeting or acting in any matter merely by reason of any vacancy in its membership. (8) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Council may make standing orders to regulate its own procedure. [5/2018]


document_id: napa-1967
provision_ref: s13
section: 13
title: Appointment and duties of Registrar
content:
13. —(1) There must be a Registrar of the Polytechnic who is to be appointed by the Council upon the terms and conditions determined by the Council. (2) The Registrar — ( a ) is the secretary of the Council; ( b ) must attend all meetings of the Council unless excused by the Chairperson; ( c ) must maintain proper records of the meetings; and ( d ) must carry out any other duties assigned by the Council. (3) In the Registrar’s absence, the Chairperson may appoint a suitable person to act as secretary for a particular meeting. (4) The records of any meeting must be circulated to members of the Council within 14 days of the date of the meeting. (5) The Registrar is not, unless he or she is a member of the Council appointed to serve in that capacity for a particular meeting under subsection (3), entitled to vote on any question before the Council.


document_id: napa-1967
provision_ref: s14
section: 14
title: Use of common seal
content:
14. —(1) The common seal of the Polytechnic must be in the custody of the Principal and must not be affixed to any instrument, other than a diploma or academic certificate, except in the presence of the Chairperson or a member of the Council and the Principal, who must sign their names to the instrument in token of their presence before the common seal is affixed and the signing is sufficient evidence that the common seal of the Polytechnic has been duly and properly affixed and that the seal is the lawful seal of the Polytechnic. (2) The common seal of the Polytechnic may be affixed to any diploma or academic certificate in the presence of any 2 officers of the Polytechnic duly authorised by the Council to act in that behalf, who must sign their names to the diploma or academic certificate in token of their presence before the common seal is affixed and the signing is sufficient evidence that the common seal of the Polytechnic has been duly and properly affixed and that the seal is the lawful seal of the Polytechnic.


document_id: napa-1967
provision_ref: s15
section: 15
title: Powers of Senate
content:
15. —(1) The Senate, subject to the provisions of this Act and of any rules made under this Act, has the control of — ( a ) the instruction, education and research in the Polytechnic; ( b ) the conduct of examinations for students of the Polytechnic; and ( c ) the award of certificates, diplomas and other academic qualifications. (2) The Council may, from time to time, add to or vary the duties of the Senate set out in subsection (1).


document_id: napa-1967
provision_ref: s16
section: 16
title: Composition of Senate
content:
16. The Senate consists of — ( a ) the Principal who is the chairperson; ( b ) the Vice-Principal who is the deputy chairperson; ( c ) the heads of all departments of the Polytechnic; ( d ) the librarian of the Polytechnic; ( e ) 2 members, elected from the full-time academic staff of the Polytechnic from among themselves, who hold office for 2 years; and ( f ) the Registrar who is the secretary.


document_id: napa-1967
provision_ref: s17
section: 17
title: Committees and boards
content:
17. —(1) The Council and the Senate may appoint such committees or boards as the Council and the Senate respectively may think fit. (2) Unless otherwise expressly provided in rules made under this Act, any committee or board may consist partly of persons who are not members of the Council or the Senate, as the case may be. (3) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Council and the Senate may, with or without such restrictions or conditions as the Council and the Senate respectively may think fit, delegate any of their powers and duties to any committee or board. [5/2018] 18. [ Repealed by Act 5 of 2018 ]


document_id: napa-1967
provision_ref: s19
section: 19
title: Appointment and duties of Principal
content:
19. —(1) The Council must appoint the Principal of the Polytechnic upon the terms and conditions determined by the Council. (2) The appointment, removal, discipline and promotion of the Principal must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (3) The Principal is — ( a ) the chief administrative and academic officer of the Polytechnic; and ( b ) responsible to the Council for — (i) the proper administration and the academic management of the Polytechnic in accordance with the policy of the Council; (ii) the proper enforcement of any rules made under this Act; (iii) the discipline of the students of the Polytechnic; and (iv) the preparation of the annual report on the working of the Polytechnic and of the annual estimates and of annual statements of accounts as are required to be received and prepared by the Council under section 10(2)( b ) and ( c ). (4) For the purpose of giving effect to subsection (3), the Principal has, subject to the provisions of this Act, all powers that are necessary or proper. (5) The Principal is entitled to speak at any meeting of any committee or board appointed under section 17(1), but is not entitled to vote unless the Principal is a member of the committee or board.


document_id: napa-1967
provision_ref: s19A
section: 19A
title: Other officers and employees, etc.
content:
19A. The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on the terms and conditions determined by the Board, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: napa-1967
provision_ref: s20
section: 20
title: Income and property of Polytechnic
content:
20. —(1) The income and property of the Polytechnic include — ( a ) such sums of money and movable property as the Ngee Ann Kongsi may donate or contribute to the Polytechnic; ( b ) such immovable property as the Ngee Ann Kongsi may alienate or donate to the Polytechnic; and ( c ) gifts, grants, donations and other assets from any source and of any nature. (2) Section 20 of the Ngee Ann Kongsi (Incorporation) Ordinance 1933 does not apply to the alienation or donation of immovable property by the Ngee Ann Kongsi to the Polytechnic.


document_id: napa-1967
provision_ref: s20A
section: 20A
title: Issue of shares, etc.
content:
20A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Polytechnic under this Act, or of any capital injection or other investment by the Government in the Polytechnic in accordance with any written law, the Polytechnic must issue such shares or other securities to the Minister for Finance as that Minister may direct. [5/2002] 21. [ Repealed by Act 5 of 2018 ]


document_id: napa-1967
provision_ref: s22
section: 22
title: Ngee Ann Polytechnic Students’ Union
content:
22. —(1) There is to be a students’ association called the Ngee Ann Polytechnic Students’ Union which is constituted by rules made under section 24(1) and consists of the constituent bodies prescribed by those rules. (2) The constitution, membership, functions and other matters relating to the Ngee Ann Polytechnic Students’ Union and each of its constituent bodies are as prescribed by the rules. (3) The Council may impose and collect from the students or any class of students such fees as it may determine for the benefit of the Ngee Ann Polytechnic Students’ Union and its constituent bodies; and the fees may be applied in any manner that the Council thinks fit for the purposes of the Union and its constituent bodies.


document_id: napa-1967
provision_ref: s23
section: 23
title: Application of Societies Act 1966 to Students’ Union
content:
23. —(1) Despite anything to the contrary in the Societies Act 1966, the provisions of that Act apply to the Ngee Ann Polytechnic Students’ Union and its constituent bodies constituted by rules made under section 24(1). (2) The Minister charged with the responsibility for societies may, by order in the Gazette , exempt the Ngee Ann Polytechnic Students’ Union and any of its constituent bodies from all or any of the provisions of the Societies Act 1966 subject to any conditions specified in the order.


document_id: napa-1967
provision_ref: s24
section: 24
title: Rules
content:
24. —(1) The Council may, with the approval of the Minister, make any rules that seem to it to be necessary or expedient for the purpose of carrying out the provisions of this Act. (2) Without limiting subsection (1), rules may be made for any of the following purposes or matters: ( a ) matters relating to the general administration and the academic management of the Polytechnic including — (i) the qualifications necessary for admission to the Polytechnic, the courses of instruction to be provided for students at the Polytechnic, the duration and number of terms at the Polytechnic and the award of certificates, diplomas and other academic qualifications; and (ii) the grant of scholarships and studentships and the revocation of any such grant; ( b ) the establishment of any scheme for the payment of gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Polytechnic as the Council may determine, on their death or retirement from the service of the Polytechnic or on their otherwise leaving the service of the Polytechnic; ( c ) the regulation of the proceedings of the Council, to the extent not inconsistent with the Public Sector (Governance) Act 2018; ( d ) the regulation of the keeping and presentation of accounts and the audit of accounts; ( e ) the fees to be charged for courses of study and any other fees or charges that may be levied by the Polytechnic, including charges for the late payment of any such fee or charge; [Act 4 of 2008 wef 01/04/2024] ( f ) the management of the library and laboratories and all other branches of activity of the Polytechnic not specifically provided for in this Act; ( g ) the constitution, powers and duties of any committee or board appointed under section 17(1); ( h ) the appointment, promotion, conduct, disciplinary control, dismissal and termination of service of the academic and administrative staff of the Polytechnic; [5/2018] ( i ) the conduct and disciplinary control of students. (3) All rules made under this section must be published in the Gazette .


document_id: napa-1967
provision_ref: s24A
section: 24A
title: Validation of collection of charge for late payment of fee or charge
content:
24A. Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a charge for the late payment of any fee or charge referred to in section 24(2)( e ) shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection. [Act 4 of 2008 wef 01/04/2024]


document_id: napa-1967
provision_ref: s25
section: 25
title: Construction of contracts, gifts, etc.
content:
25. On and after 16 April 1982, any reference to the Ngee Ann Technical College contained in any contract, agreement, bequest, will, trust or other instrument has effect as if it were a reference to the Ngee Ann Polytechnic.


document_id: ncca-1972
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “cadet” means a person enrolled in the Corps under section 8; “Commandant” means the person for the time being appointed under section 6; “commanding officer” means an officer for the time being commanding a unit of the Corps; “Corps” means the National Cadet Corps established under this Act; “Council” means the National Cadet Corps Council established under section 5; “member” means any officer or cadet appointed or enrolled in the Corps (as the case may be) and includes a person undergoing an officer cadet course; “officer” means a person appointed as such by the Minister under section 9; “permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “school” has the meaning given by the Education Act 1957; “Singapore Armed Forces” means the Singapore Armed Forces raised and maintained under the provisions of the Singapore Armed Forces Act 1972.


document_id: ncca-1972
provision_ref: s3
section: 3
title: Raising and maintenance of National Cadet Corps
content:
3. There is to be raised and maintained in the manner provided in this Act a corps to be known as the National Cadet Corps.


document_id: ncca-1972
provision_ref: s4
section: 4
title: Organisation
content:
4. —(1) The Corps consist of such headquarters, units, training institutions, services, departments or other like bodies as the Minister may from time to time establish. (2) The Corps are to be a unified corps consisting of land, maritime and air divisions and may consist of such numbers of cadets as the Minister may from time to time determine. (3) The Corps are to be affiliated to the Singapore Armed Forces for the purposes of training but members of the Corps are not to be members of the Singapore Armed Forces. (4) The Minister may disband any unit, training institution, service, department or other body established under subsection (1) in whole or in part or amalgamate any such unit, training institution, service, department or other body or alter the name or title thereof.


document_id: ncca-1972
provision_ref: s5
section: 5
title: Establishment of National Cadet Corps Council
content:
5. —(1) For the purpose of the administration of matters relating to the Corps, there is established the National Cadet Corps Council consisting of a Chairperson to be appointed by the Minister, a Deputy Chairperson and 2 members to be nominated by the Permanent Secretary to the Ministry of Defence, and such other members as the Minister may appoint. [Act 5 of 2025 wef 09/03/2025] (1A) An appointment or nomination under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) The Council is empowered to delegate any of its functions and powers to any officer of the Singapore Armed Forces or to any officer appointed under this Act. (3) The Council may meet at intervals that it thinks fit and may regulate its own procedure.


document_id: ncca-1972
provision_ref: s6
section: 6
title: Appointment of Commandant
content:
6. —(1) The Minister must, on the recommendation of the Permanent Secretary to the Ministry of Defence, appoint a Commandant who must exercise executive command of the Corps and who is responsible to the Council in matters of administration affecting the recruitment, promotion, training, conditions of service, finance and discipline of the Corps. (2) The Commandant may, from time to time, make general or routine orders, not inconsistent with the provisions of this Act or any regulations made under this Act, for the control, direction and information of the Corps that the Commandant thinks fit and it is not necessary to publish such general or routine orders in the Gazette . (3) The Council may appoint a Deputy Commandant and so many other Assistant Commandants as the Council may think necessary to assist the Commandant in the general administration of matters relating to the Corps.


document_id: ncca-1972
provision_ref: s7
section: 7
title: Command and affiliation
content:
7. The Minister may, on the recommendation of the Council, place the Corps or any unit of the Corps under the command of any officer of the Singapore Armed Forces or affiliate any unit to a unit of the Singapore Armed Forces.


document_id: ncca-1972
provision_ref: s8
section: 8
title: Eligibility
content:
8. —(1) Subject to the provisions of this Act and the regulations made under this Act, any person who is a citizen of Singapore or a permanent resident of Singapore is eligible to be enrolled as a cadet in the Corps. (2) The Minister may in special cases approve the enrolment of persons who are neither citizens of Singapore nor permanent residents of Singapore in the Corps.


document_id: ncca-1972
provision_ref: s9
section: 9
title: Appointment of officers, honorary officers and honorary instructors
content:
9. —(1) The Minister may appoint officers of the Corps from among the teaching staff of any school or from among members of the Corps. (2) The Minister may appoint honorary officers to the Corps from among persons whom the Minister thinks fit. (3) The Minister may appoint persons who are not members of the Corps who wish to volunteer their services to the Corps as honorary instructors. (4) An officer, honorary officer or honorary instructor of the Corps may, with the approval of the Minister, at any time resign from the appointment. (5) The Minister may, with or without assigning any reason, revoke the appointment of any officer, honorary officer or honorary instructor.


document_id: ncca-1972
provision_ref: s10
section: 10
title: Secondment of Singapore Armed Forces personnel
content:
10. The Permanent Secretary to the Ministry of Defence may second a member or members of the Singapore Armed Forces for service in the Corps on a full-time or part-time basis.


document_id: ncca-1972
provision_ref: s11
section: 11
title: Discharge and dismissal
content:
11. —(1) Subject to the regulations made under this Act, every cadet may be discharged from the Corps on the expiry of the period for which the cadet was enrolled. (2) The Commandant may, on the recommendation of the commanding officer, dismiss any cadet. (3) In the case of a cadet who is a student of a school, the Commandant must obtain the concurrence of the principal of the school which the cadet is enrolled in, for the dismissal of the cadet.


document_id: ncca-1972
provision_ref: s12
section: 12
title: Disobedience of regulations, standing orders, etc.
content:
12. Any cadet who — ( a ) in such manner as to show wilful defiance of authority, disobeys any lawful command given to the cadet or conveyed to the cadet personally; or ( b ) contravenes any order or regulation made under this Act, being an order or a regulation known to the cadet or which the cadet might reasonably be expected to know, must be dealt with summarily by the cadet’s commanding officer in the manner prescribed by regulations made under this Act.


document_id: ncca-1972
provision_ref: s13
section: 13
title: Punishment
content:
13. Where a commanding officer deals with a case summarily, the commanding officer may, if the commanding officer records a finding of guilt, impose one or more of the following punishments: ( a ) reprimand; ( b ) where the cadet holds a rank, reduction in rank; ( c ) suspension of membership in the Corps for a period not exceeding 3 months.


document_id: ncca-1972
provision_ref: s14
section: 14
title: Board of inquiry
content:
14. —(1) If the Commandant has reason to believe that an officer has committed a breach of any order or regulation made under this Act, the Commandant is empowered to convene a board of inquiry to investigate and report on the facts relating to such matter and the board of inquiry shall, if directed to do so, express its opinion on any question arising out of any matter referred to the board. (2) A board of inquiry must consist of — ( a ) a president who is an officer not below the rank of captain either belonging to the Singapore Armed Forces or appointed under this Act; and ( b ) at least 2 other individuals, one of whom must be nominated by the Permanent Secretary to the Ministry of Education. (3) If the board of inquiry is of the opinion that an officer of the Corps is guilty of a breach of any order or regulation made under this Act, it must recommend to the Commandant one or more of the following punishments that should be imposed on the officer: ( a ) reprimand; ( b ) reduction in rank; ( c ) dismissal from the Corps.


document_id: ncca-1972
provision_ref: s15
section: 15
title: Compensation for death or personal injury
content:
15. It is lawful for the Minister to compensate, in accordance with regulations made under this Act, any member of the Corps or any dependant of the member, for death or personal injury arising out of or in the execution of the member’s duty and which is attributable solely to the discharge of the member’s duty.


document_id: ncca-1972
provision_ref: s16
section: 16
title: Liability
content:
16. —(1) For the purposes of this section, “member” includes an honorary officer and an honorary instructor appointed under section 9. (2) Nothing done or omitted to be done by a member of the Corps while on duty as such shall subject either the member or the Government to liability in tort for causing the death of another person, or for causing personal injury to another person, insofar as the death or personal injury is due to anything suffered by that other person while that other person is a member of the Corps if — ( a ) at the time when the thing is suffered by that other person, that other person is — (i) on duty as a member of the Corps; or (ii) though not on duty as a member of the Corps, on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the Corps; and ( b ) the Minister certifies that that other person’s suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to compensation under section 15, except that this subsection does not exempt a member of the Corps from liability in tort in any case in which the court is satisfied that the act or omission was not connected with the execution of his or her duties as a member of the Corps. (3) No proceedings in tort shall lie against the Government for death or personal injury due to anything suffered by a member of the Corps if — ( a ) that thing is suffered by the member in consequence of the nature or condition of any such land, premises, ship, aircraft or vehicle as is mentioned in subsection (2)( a )(ii), or in consequence of the nature or condition of any equipment or supplies used for the purposes of the Corps; and ( b ) the Minister certifies that the member’s suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to compensation under section 15, nor shall any act or omission of an officer of the Government subject the officer to liability in tort for death or personal injury, insofar as the death or personal injury is due to anything suffered by a member of the Corps if — ( c ) at the time when that thing is suffered by that other person, that other person is either on duty as a member of the Corps or is, though not on duty as such, on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the Corps; and ( d ) the Minister certifies that that other person’s suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to compensation under section 15. (4) The Minister may, if satisfied that it is a fact — ( a ) that a person was or was not on any particular occasion on duty as a member of the Corps; or ( b ) that at any particular time any land, premises, ship, aircraft, vehicle, equipment or supplies was or was not, or were or were not, used for the purposes of the Corps, issue a certificate certifying that to be the fact; and any such certificate is, for the purposes of this section, conclusive as to the fact which it certifies.


document_id: ncca-1972
provision_ref: s17
section: 17
title: Exemptions
content:
17. Nothing in the Arms Offences Act 1973 and the Corrosive and Explosive Substances and Offensive Weapons Act 1958 applies to members of the Corps while on parade or in the course of their duties.


document_id: ncca-1972
provision_ref: s18
section: 18
title: Regulations
content:
18. —(1) The Council may, with the approval of the Minister, make such regulations as may be necessary or expedient to carry out the provisions of this Act. (2) Without limiting subsection (1), the Council may make regulations relating to — ( a ) the organisation, control, administration and discipline of the Corps; ( b ) training; ( c ) the appointment, promotion, advancement or reduction in rank of officers and the termination of services of officers; ( d ) the age and other qualifications for cadet membership, promotion, advancement or reduction in rank of cadets and dispensation with the services of cadets; ( e ) the payment of allowances; ( f ) the award of decorations; ( g ) the award of compensation in respect of death or personal injury arising out of or in the execution of duty and which is solely due to and attributable to the discharge of such duty; and ( h ) dress.


document_id: ncssa-1992
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of the Council; “Board member” means any person appointed or elected to the Board under section 5(1); “Chairperson” means the Chairperson of the Community Chest; “Chief Executive Officer” means the Chief Executive Officer of the Council appointed under section 22(1) and includes any individual acting in that capacity; “Community Chest” means the Community Chest established under section 13(1); “Council” means the National Council of Social Service established under section 3; “Council member” means any organisation or person granted membership of the Council under section 15; “Endowment Fund” means the Endowment Fund established under section 12(1); “General Fund” means the General Fund established under section 24(1); “president” means the president of the Board; “vice-president” means the vice-president of the Board. [5/2018]


document_id: ncssa-1992
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT OF COUNCIL
section: 3
title: Establishment of National Council of Social Service
content:
3. A body called the National Council of Social Service is established, which is a body corporate with perpetual succession and a common seal and with powers to sue and be sued in its corporate name and to perform any other acts that a body corporate may by law perform.


document_id: ncssa-1992
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT OF COUNCIL
section: 4
title: Common seal
content:
4. —(1) The common seal of the Council must be kept in such custody as the Board may direct. (2) All deeds, documents and other instruments requiring the seal of the Council must — ( a ) be sealed with the common seal of the Council; and ( b ) be signed by the president and the Chief Executive Officer or some other person duly authorised by the Board for the purpose. (3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Council affixed to any document and presume that it was duly affixed. (4) Section 11 of the Registration of Deeds Act 1988 does not apply to any instrument purporting to have been executed under subsection (2).


document_id: ncssa-1992
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT OF COUNCIL
section: 5
title: Board of Council
content:
5. —(1) The management of the affairs of the Council and of its properties vests in a Board which consists of the following members: ( a ) a president to be appointed by the Minister; ( b ) 2 vice-presidents — (i) one of whom is to be a person elected at the annual general meeting of the Council from among the Council members; and (ii) the other of whom is to be a person appointed by the Minister in consultation with the president; ( c ) an Honorary General Secretary to be appointed by the president; ( d ) an Honorary Treasurer to be appointed by the president; ( e ) the Chairperson of the Community Chest; ( f ) 5 persons to be appointed by the president; ( g ) 8 persons, each from a different full Council member mentioned in section 15(1)( a ), to be elected at the annual general meeting of the Council; ( h ) 2 persons, each from a different associate Council member mentioned in section 15(1)( b ), to be elected at the annual general meeting of the Council; ( i ) the Director‑General of Social Welfare or his or her representative; and ( j ) the Director‑General of Health or his or her representative. [30/2019] [Act 11 of 2023 wef 01/05/2023] (2) The president and the vice-president appointed under subsection (1)( b )(ii) each holds office for such term not exceeding 2 years as the Minister thinks fit and are eligible for re‑appointment. (3) The vice‑president elected under subsection (1)( b )(i) holds office for a term of 2 years and is eligible for re‑election, except that a person must not be elected under subsection (1)( b )(i) to hold office as vice‑president for more than 3 consecutive terms. (4) The Honorary General Secretary and the Honorary Treasurer each holds office for such term not exceeding 2 years as the president thinks fit and are eligible for re‑appointment, except that a person must not be appointed to hold office as Honorary Treasurer for more than 2 consecutive terms. (5) A Board member appointed under subsection (1)( f ) holds office for a term not exceeding 2 years as the president thinks fit and is eligible for re‑appointment. (6) A Board member elected under subsection (1)( g ) or ( h ) holds office for a term of 2 years and is eligible for re-election, except that a person must not be elected under subsection (1)( g ) or ( h ) to hold office as a Board member for more than 3 consecutive terms. (7) The Minister may at any time revoke the appointment of the president or the vice-president appointed under subsection (1)( b )(ii) without giving any reason. (8) If for reason of illness, leave of absence or other cause, the president is unable to exercise his or her powers and perform his or her functions under this Act — ( a ) one of the vice-presidents as determined by the Board; or ( b ) if both the vice-presidents are unable to do so, any other Board member as determined by the Board with the approval of the Minister, must act as the president and exercise the powers and perform the functions of the president. (9) The office of any Board member is vacated if he or she — ( a ) is adjudicated a bankrupt; or ( b ) has been convicted of an offence involving dishonesty, fraud or moral turpitude. (10) A person who is an employee of the Council or of a full or associate Council member must not — ( a ) be elected or appointed as a Board member; or ( b ) nominate or second the nomination of any person for election to the Board.


document_id: ncssa-1992
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT OF COUNCIL
section: 6
title: Voting rights at Council and Board meetings
content:
6. —(1) All Board members have the right to vote on any issue at the meetings of the Council and of the Board, except in relation to the election of Board members under section 5(1)( b )(i), ( g ) and ( h ). (2) Meetings of the Council and the Board and proceedings at the meetings must, to the extent not inconsistent with the Public Sector (Governance) Act 2018, be held in the prescribed manner. [5/2018]


document_id: ncssa-1992
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT OF COUNCIL
section: 7
title: Disclosure of interest
content:
7. Division 1 of Part 4 of the Public Sector (Governance) Act 2018 extends to an official representative of a Council member as if a reference in that Division to a member of a public body includes a reference to such an official representative. [5/2018]


document_id: ncssa-1992
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT OF COUNCIL
section: 8
title: Validity of acts of Board members
content:
8. The acts of a Board member are valid despite any defect that may afterwards be discovered in his or her appointment or qualifications.


document_id: ncssa-1992
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT OF COUNCIL
section: 9
title: Directions by Minister
content:
9. —(1) The Minister may, after consultation with the Board, give the Council such directions as the Minister thinks fit as to the performance of the functions of the Council under this Act. (2) The Council must, as soon as practicable, give effect to all directions mentioned in subsection (1). (3) The Council must provide the Minister with such information or facilities for obtaining information with respect to its functions in such manner and at such times as the Minister may reasonably require.


document_id: ncssa-1992
provision_ref: s10
chapter: PART 3 - FUNCTIONS AND POWERS OF COUNCIL
section: 10
title: Objects of Council
content:
10. The objects of the Council are — ( a ) to provide leadership and direction to the volunteer movement and to coordinate social service activities between Council members and with other organisations; ( b ) to represent Council members, to present their views to the Government and to communicate priorities of the Government and its views to such members; ( c ) to make such recommendations to the Government as may be consistent with the objects of the Council; ( d ) to establish and maintain the standards and guidelines for the management and administration of, and the provision of social service by, Council members; ( e ) to assist the Government in strategic social service planning; ( f ) to initiate, plan, develop and modify social service programmes; ( g ) to operate direct social service if the Council considers it necessary; ( h ) to establish and maintain an updated management information system of Council members and their clients; ( i ) to provide consultancy and support services to social service organisations; ( j ) to encourage, coordinate and carry out research and evaluative studies and experimental projects necessary for the improvement and development of social service; ( k ) to raise and allocate funds to further the objects of the Council and Council members; and ( l ) to liaise and cooperate with overseas and international organisations in matters relating to social service.


document_id: ncssa-1992
provision_ref: s11
chapter: PART 3 - FUNCTIONS AND POWERS OF COUNCIL
section: 11
title: Powers of Council
content:
11. —(1) For the purposes of carrying out its objects, the Council may — ( a ) acquire any property, both movable and immovable, sell, transfer or otherwise dispose of any such property upon such terms as the Board thinks fit; ( b ) invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965; ( c ) accept any gift or property, whether subject to any trust or not; ( d ) receive donations and contributions and raise funds by all lawful means; ( e ) open and maintain an account or accounts with any bank or banks as the Board thinks fit; ( f ) levy such rates and charges for services performed by the Council as the Board may consider expedient; ( g ) undertake and execute any trust; ( h ) with the approval of the Minister, form or participate in the formation of any incorporated or unincorporated body or organisation or enter into any joint venture with any person or organisation for the purpose of carrying out any function of the Council; and ( i ) do anything incidental to any of its objects. [45/2004] (2) Nothing in this section authorises the Council to engage in any matter of religious or party political controversy. (3) The Board may exercise all such powers of the Council as it thinks fit except as otherwise provided by this Act.


document_id: ncssa-1992
provision_ref: s12
chapter: PART 3 - FUNCTIONS AND POWERS OF COUNCIL
section: 12
title: Establishment of Endowment Fund
content:
12. —(1) There is established an Endowment Fund which vests in the Council and consists of — ( a ) all donations and gifts accepted by the Council for the Endowment Fund; ( b ) all reserves of the Council in excess of 2 years of its operating expenditure; and ( c ) any other moneys that the Council may determine to transfer to the Endowment Fund. (2) Any interest, dividends and other income derived from the Endowment Fund must be credited to the General Fund. (3) The Endowment Fund may be applied for such purposes as may be approved by the Minister in writing.


document_id: ncssa-1992
provision_ref: s13
chapter: PART 3 - FUNCTIONS AND POWERS OF COUNCIL
section: 13
title: Community Chest
content:
13. —(1) The Council must establish the Community Chest to raise funds on behalf of the Council. (2) The Community Chest consists of a Chairperson who must be appointed by the Minister, one or more Vice‑Chairpersons and such other members as the Chairperson may, in consultation with the president, appoint for such term as the Chairperson thinks fit. (3) The Chairperson holds office for such term not exceeding 2 years as the Minister may determine and is eligible for re‑appointment. (4) If for reason of illness, leave of absence or other cause, the Chairperson is unable to exercise his or her powers and perform his or her functions under this Act, the president may — ( a ) appoint one of the Vice‑Chairpersons to act as Chairperson and exercise the powers and perform the functions of the Chairperson; or ( b ) if all the Vice‑Chairpersons are unable to do so, approve any other member of the Community Chest to act as Chairperson and exercise the powers and perform the functions of the Chairperson. (5) The Minister may at any time revoke the appointment of the Chairperson without giving any reason. (6) The office of the Chairperson, any Vice‑Chairperson or any other member appointed under subsection (2) is vacated if he or she — ( a ) is adjudicated a bankrupt; or ( b ) has been convicted of an offence involving dishonesty, fraud or moral turpitude. (7) Meetings of the Community Chest and proceedings at the meetings must be held in the prescribed manner.


document_id: ncssa-1992
provision_ref: s14
chapter: PART 3 - FUNCTIONS AND POWERS OF COUNCIL
section: 14
title: Appointment of committees and delegation of powers
content:
14. —(1) The Board may appoint from among the Board members or from among other persons who are not Board members any number of committees for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees. (2) The Board may, subject to any conditions or restrictions that it thinks fit to impose, delegate to any such committee or the president any of the powers, functions and duties vested in the Council by this Act, and any power, function or duty so delegated may be exercised or performed by the committee or the president (as the case may be) in the name and on behalf of the Council. (3) The Board may, subject to any conditions or restrictions that it thinks fit to impose, delegate to any employee of the Council all or any of the powers, functions and duties vested in the Council by this Act, and any power, function or duty so delegated may be exercised or performed by the employee in the name and on behalf of the Council.


document_id: ncssa-1992
provision_ref: s15
chapter: PART 4 - MEMBERSHIP OF COUNCIL
section: 15
title: Categories of Council members
content:
15. —(1) The Council consists of the following 3 categories of members: ( a ) full Council members; ( b ) associate Council members; ( c ) honorary Council members. (2) Any organisation whose aims and objects are consistent with those of the Council and which provides as its primary function a bona fide direct social service which helps to meet existing needs of the community may, in the prescribed manner and in accordance with the prescribed conditions, apply to the Council to be a full Council member. (3) Any organisation whose aims and objects are consistent with those of the Council and which has an active interest in social service but which does not provide a direct social service as its primary function may, in the prescribed manner and in accordance with the prescribed conditions, apply to the Council to be an associate Council member. (4) Where the Council is of the opinion that any organisation or person has rendered outstanding social service, the Council may invite such organisation or person to be an honorary Council member for such period as the Council thinks fit.


document_id: ncssa-1992
provision_ref: s16
chapter: PART 4 - MEMBERSHIP OF COUNCIL
section: 16
title: Fees for membership
content:
16. —(1) Fees for full Council members and associate Council members are payable annually on the first day of April and are such amounts as the Board determines. (2) Honorary Council members are not required to pay any fee for membership.


document_id: ncssa-1992
provision_ref: s17
chapter: PART 4 - MEMBERSHIP OF COUNCIL
section: 17
title: Representatives to Council
content:
17. —(1) Every full Council member and associate Council member must appoint a person as its official representative to act on its behalf in the Council and is entitled to change such representation from time to time. (2) Any appointment or change of representation under subsection (1) must be communicated to the Council in writing. (3) An official representative appointed under subsection (1) in respect of any Council member must not be appointed to act as an official representative of any other Council member.


document_id: ncssa-1992
provision_ref: s18
chapter: PART 4 - MEMBERSHIP OF COUNCIL
section: 18
title: Rights of full Council members
content:
18. Subject to the provisions of this Act, full Council members enjoy equal rights of membership to avail themselves of the facilities of the Council and to attend and vote at all meetings of the Council.


document_id: ncssa-1992
provision_ref: s19
chapter: PART 4 - MEMBERSHIP OF COUNCIL
section: 19
title: Rights of associate Council members
content:
19. Associate Council members may attend any meeting of the Council but must not vote in any of its proceedings except in electing 2 Board members under section 5(1)( h ).


document_id: ncssa-1992
provision_ref: s20
chapter: PART 4 - MEMBERSHIP OF COUNCIL
section: 20
title: Rights of honorary Council members
content:
20. Honorary Council members may attend the meetings of the Council but must not vote in any of its proceedings.


document_id: ncssa-1992
provision_ref: s21
chapter: PART 4 - MEMBERSHIP OF COUNCIL
section: 21
title: Patrons of Council
content:
21. The Council may, on the recommendation of the Board, nominate suitable persons to be the patron-in-chief and patrons of the Council.


document_id: ncssa-1992
provision_ref: s22
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 22
title: Chief Executive Officer
content:
22. —(1) There must be a Chief Executive Officer of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive Officer during any period, or during all periods, when the Chief Executive Officer — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: ncssa-1992
provision_ref: s23
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 23
title: Appointment of staff
content:
23. The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: ncssa-1992
provision_ref: s24
chapter: PART 6 - FINANCIAL PROVISIONS
section: 24
title: General Fund
content:
24. —(1) The Council must establish a General Fund. (2) All moneys received or raised by the Council must be paid into the General Fund. (3) All expenses incurred by the Council in carrying out the purposes of this Act must be met from the General Fund.


document_id: ncssa-1992
provision_ref: s24A
chapter: PART 6 - FINANCIAL PROVISIONS
section: 24A
title: Issue of shares, etc.
content:
24A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Council under this Act, or of any capital injection or other investment by the Government in the Council in accordance with any written law, the Council must issue such shares or other securities to the Minister for Finance as that Minister may direct. [5/2002] 25. [ Repealed by Act 5 of 2018 ]


document_id: ncssa-1992
provision_ref: s26
chapter: PART 6 - FINANCIAL PROVISIONS
section: 26
title: Financial year
content:
26. The financial year of the Council begins on 1 April of each year and ends on 31 March of the succeeding year. 27. [ Repealed by Act 5 of 2018 ]


document_id: ncssa-1992
provision_ref: s28
chapter: PART 6 - FINANCIAL PROVISIONS
section: 28
title: Financial statements
content:
28. The Council must, as soon as practicable but no later than 30 June in each year, prepare and submit financial statements in respect of the preceding financial year to the auditor who must audit and report on them. 29. [ Repealed by Act 5 of 2018 ] 30. [ Repealed by Act 5 of 2018 ] 31. [ Repealed by Act 5 of 2018 ] 32. [ Repealed by Act 5 of 2018 ] 33. [ Repealed by Act 5 of 2018 ]


document_id: ncssa-1992
provision_ref: s34
chapter: PART 6 - FINANCIAL PROVISIONS
section: 34
title: When audited financial statements must be given to Minister
content:
34. The Council must send the audited annual financial statements of the Council, signed by the president, to the Minister no later than 30 September in each year, together with a copy of any report made by the auditor of the Council. [5/2018] 35. [ Repealed by Act 5 of 2018 ]


document_id: ncssa-1992
provision_ref: s36
chapter: PART 7 - MISCELLANEOUS
section: 36
title: Protection from personal liability
content:
36. No suit or other legal proceedings shall lie against any Board member or any employee of the Council or other person acting under the directions of the Council or the Board for anything which is in good faith done or intended to be done by him or her in the execution or purported execution of this Act.


document_id: ncssa-1992
provision_ref: s37
chapter: PART 7 - MISCELLANEOUS
section: 37
title: Regulations
content:
37. —(1) The Council may, with the approval of the Minister, make such regulations as are necessary for carrying into effect the provisions of this Act. (2) Without limiting subsection (1), the Council may, with the approval of the Minister, make such regulations for or with respect to all or any of the following matters: ( a ) the procedure for applying for, and the termination of, membership in the Council; ( b ) the conditions for membership in the Council; ( c ) the standards and guidelines for the management and administration of, and the provision of social services by, Council members; ( d ) the procedure for inquiry into complaints and information received relating to the conduct of Council members, their committee members or employees, and the sanctions to be imposed in respect of any misconduct, including the issuance of letters of censure and the suspension or termination of membership in the Council; ( e ) the rates, charges and fees payable for purposes of this Act; ( f ) the procedure and quorum for the meetings of the Board; ( g ) the procedure and quorum for the meetings of the Community Chest; ( h ) the procedure and quorum for general meetings of the Council and for the election of Board members; ( i ) the establishment, constitution and procedures of any committee mentioned in section 14 and any unincorporated body or organisation mentioned in section 11(1)( h ); ( j ) the information to be provided and the documents to be submitted to the Council by Council members, including annual reports, audited accounts and such information as the Council may require for carrying out its objects. (3) Regulations made under this section in relation to the procedure for the meetings of the Council and the Board must conform to the requirements of the Public Sector (Governance) Act 2018. [5/2018]


document_id: neaa-2002
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “accreditation, certification or inspection mark” means any accreditation, certification or inspection mark of the Agency specified under section 12( b ); “Agency” means the National Environment Agency established under section 3; “auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1); “Chairperson” means the Chairperson of the Agency and includes a temporary Chairperson of the Agency; “chief executive” means the chief executive of the Agency, and includes any individual acting in that capacity; “Deputy Chairperson” means the Deputy Chairperson of the Agency and includes a temporary Deputy Chairperson of the Agency; “environmental written law” means a written law administered by any of the following: ( a ) the Agency; ( b ) the Director-General of Environmental Protection appointed under section 3(1) of the Environmental Protection and Management Act 1999; ( c ) the Director-General of Public Health appointed under section 3(1) of the Environmental Public Health Act 1987; “member” means a member of the Agency and includes a temporary member of the Agency. [4/2016; 5/2018]


document_id: neaa-2002
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AGENCY
section: 3
title: Establishment and incorporation of National Environment Agency
content:
3. A body called the National Environment Agency is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and ( c ) doing and suffering all other acts or things that a body corporate may lawfully do and suffer.


document_id: neaa-2002
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AGENCY
section: 4
title: Common seal
content:
4. —(1) The Agency must have a common seal that may be broken, changed, altered or made anew as the Agency thinks fit. (2) All deeds and other documents requiring the seal of the Agency must be sealed with the common seal of the Agency. (3) All instruments to which the common seal is affixed must be signed by — ( a ) any 2 members generally or specially authorised by the Agency for the purpose; or ( b ) one member and the chief executive. (4) The Agency may, by resolution or otherwise in writing, appoint any officer of the Agency or any other agent either generally or in any particular case to execute or sign on behalf of the Agency any agreement or other instrument not under seal in relation to any matter coming within the powers of the Agency. (5) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Agency affixed to any document and presume that it was duly affixed.


document_id: neaa-2002
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AGENCY
section: 5
title: Membership of Agency
content:
5. —(1) The Agency consists of — ( a ) a Chairperson; ( b ) a Deputy Chairperson; and ( c ) not less than 5 but not more than 12 other members, all of whom must be appointed by the Minister. (2) The Minister may appoint the chief executive to be a member.


document_id: neaa-2002
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AGENCY
section: 7
title: Term of office of members
content:
7. —(1) A member holds office on such conditions and for such term, not exceeding 3 years, as the Minister specifies in the member’s appointment. (2) Any member may at any time by written notice to the Minister resign from his or her office. (3) The Minister may at any time revoke the appointment of any member without giving any reason. (4) If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed. (5) The Agency must pay to the Chairperson, the Deputy Chairperson and other members such salaries, fees and allowances as the Minister may determine.


document_id: neaa-2002
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AGENCY
section: 8
title: Temporary Chairperson, etc.
content:
8. The Minister may appoint any person to be a temporary Chairperson, temporary Deputy Chairperson or temporary member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson, Deputy Chairperson or any member, as the case may be.


document_id: neaa-2002
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AGENCY
section: 9
title: Meetings and proceedings of Agency
content:
9. —(1) The quorum at every meeting of the Agency is the higher of the following: ( a ) one‑third of the total number of members in office; ( b ) 4 members. [2/2012] (2) The Chairperson or, in his or her absence, the Deputy Chairperson presides at all meetings of the Agency and, in the absence of the Chairperson and the Deputy Chairperson, the members present must elect one of their number to preside. (3) Meetings of the Agency must be held at such times and places as the Chairperson may determine. (4) All questions arising at any meeting must be decided by a majority of votes of the members present and voting. (5) At any meeting of the Agency, the Chairperson or, in his or her absence, the Deputy Chairperson has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote. (6) The validity of any proceedings of the Agency is not affected by any vacancy amongst its members or by any defect in the appointment of any member. (7) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Agency may regulate its own proceedings. [5/2018] 10. [ Repealed by Act 5 of 2018 ]


document_id: neaa-2002
provision_ref: s11
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AGENCY
section: 11
title: Functions and duties of Agency
content:
11. —(1) Subject to the provisions of this Act, the functions and duties of the Agency are as follows: ( a ) to identify, undertake research into, and conduct investigations and surveillance of environmental health concerns and vectors of infectious agents, and to develop strategies of prevention and control in connection with such matters; ( b ) to undertake licensing, provision of consultancy services, and promotion of professionalism in relation to pest control, environmental and other related industries; ( c ) to coordinate the implementation and management of upgrading programmes for hawker centres and the review of hawker policies; ( d ) to ensure cleanliness of public areas through the supervision of cleansing services and the prevention of littering; ( e ) to ensure adequate provision of cremation, columbaria and burial services and facilities; ( f ) to manage and regulate air emissions from industrial premises, trade premises and vehicles; ( g ) to monitor and assess the water quality of inland and coastal waters, and to manage and regulate the discharge of trade effluent, oil, chemicals, sewage and any other polluting matter into water courses or on land; ( h ) to construct, develop, manage and regulate refuse treatment and disposal facilities and to regulate refuse collection and disposal; ( i ) to control land contamination and regulate the remediation of contaminated land; ( j ) to regulate the fumigation of premises and articles with hydrogen cyanide or any other fumigant; ( k ) to regulate the import, export, possession, storage, transportation, sale and use of hazardous substances and the import, export, storage, transportation, collection, treatment and disposal of toxic industrial waste; ( l ) to manage and regulate environmental noise, and to monitor and assess ambient air and noise levels; ( m ) to promote energy efficiency, the use of clean energy, the use of clean technologies, the use of efficient pollution control technologies and waste recycling; ( n ) to manage on behalf of the Government any land, building or other property of the Government used in connection with waste recycling; ( o ) to embark on educational programmes to promote and encourage public awareness of and participation in environmental matters; ( p ) to provide advice on environmental pollution threats and disasters, and to develop and review standards and policies on environmental protection and environmental health; ( q ) to provide meteorological services for users, including government agencies, aviation and shipping communities and the general public; ( r ) to conduct meteorological observations, maintain reliable climatological records of Singapore and provide advice on meteorological matters; ( s ) to monitor and maintain records of seismological activities affecting Singapore; ( t ) to advise and make recommendations to the Government on matters, measures and regulations related to or connected with the environment, radiation, meteorology and seismology; ( u ) to represent the Government internationally on matters related to or connected with the environment, radiation, meteorology and seismology; ( v ) to control and regulate the import, export, possession, storage, transportation, sale and use of radioactive materials and irradiating apparatus; ( w ) to carry out any other functions imposed upon the Agency by or under this Act or any other written law. [27/2007; 11/2019] (2) The Agency may undertake any other functions that the Minister may assign to the Agency and in so doing, the Agency is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Agency in respect of those functions. (3) Nothing in this section is to be construed as imposing on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.


document_id: neaa-2002
provision_ref: s12
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AGENCY
section: 12
title: Powers of Agency
content:
12. The Agency has power to do anything for the purpose of discharging its functions under this Act, or which is incidental or conducive to the discharge of those functions and, in particular, may — ( a ) prescribe and implement regulatory policies, strategies, measures, standards or any other requirements on any matter related to or connected with environmental health, environmental protection, radiation control, resource conservation, waste minimisation, waste recycling, waste collection and disposal and any other subject matter that may be necessary for the performance of the functions of the Agency; ( b ) specify, by notification in the Gazette , all the accreditation, certification or inspection marks of the Agency for use in relation to any function of the Agency, and control the use of those marks; ( c ) regulate, accredit or certify any person to carry out any test, study, activity or service related to or connected with environmental pollution control, radiation control, resource conservation, waste minimisation, waste recycling and waste collection and disposal; ( d ) request information from and collaborate or cooperate with any person, whether in Singapore or elsewhere, on matters related to or connected with weather, climate, environmental health, environmental protection, radiation control, resource conservation, waste minimisation, waste recycling, waste collection and disposal and any other subject matter that may be necessary for the performance of the functions of the Agency; ( e ) collect, analyse, compile, publish or disseminate information of a statistical nature related to or connected with weather, climate, environmental health, environmental protection, radiation control, resource conservation, waste minimisation, waste recycling, waste collection and disposal and any other subject matter that may be necessary for the performance of the functions of the Agency; ( f ) prescribe training requirements for matters related to or connected with environmental health, environmental protection, radiation control, resource conservation, waste minimisation, waste recycling and waste collection and disposal, and provide training, conduct tests or award certificates of proficiency; ( g ) establish meteorological offices and observation stations, arrange with any agency, authority or person to take and record meteorological observations and transmit meteorological reports and information; ( h ) with the Minister’s approval, form or participate in the formation of any company, partnership or joint venture as a shareholder or partner or in any other capacity; ( i ) enter into such contracts as may be necessary or expedient for the purpose of discharging its functions or duties; ( j ) become a member or an affiliate of any international body the functions or duties of which are similar to those of the Agency; ( k ) receive grants, donations or contributions from any source, or raise funds by all lawful means and apply those funds for any of its functions or duties; ( l ) charge fees for the issuance of any licence or approval, and fees, charges or commissions for services rendered by the Agency or for the use of any facilities of the Agency; and ( m ) do anything incidental or necessary to any of its functions or powers. [27/2007]


document_id: neaa-2002
provision_ref: s13
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AGENCY
section: 13
title: Directions by Minister
content:
13. The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018]


document_id: neaa-2002
provision_ref: s14
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AGENCY
section: 14
title: Committees
content:
14. —(1) The Agency may appoint, alter or discharge committees, consisting of one or more persons (whether members or not), and define or vary the terms of reference of those committees. (2) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018 and to the control of the Agency, each committee appointed under this section may regulate its procedure in such manner as the committee thinks fit. [5/2018]


document_id: neaa-2002
provision_ref: s15
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AGENCY
section: 15
title: Delegation of powers
content:
15. —(1) The Agency may in respect of a specified matter or class of matters, by writing, delegate to any member, officer or committee of the Agency any of its powers under this Act or under any other written law. [5/2018] (2) Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.


document_id: neaa-2002
provision_ref: s16
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 16
title: Chief executive, officers and employees, etc.
content:
16. —(1) There must be a chief executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: neaa-2002
provision_ref: s16A
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 16A
title: Appointment of auxiliary officers
content:
16A. —(1) The Agency may in writing appoint an individual (who may or may not be a public officer) to be an auxiliary officer to assist the officers and employees of the Agency in the performance of any function of the Agency. [4/2016] (2) The Agency may, for any reason that appears to the Agency to be sufficient, at any time revoke an individual’s appointment as an auxiliary officer. [4/2016] (3) An auxiliary officer is to be issued with such equipment, or such description of equipment, as the chief executive may determine necessary for the effectual discharge of the duties of an auxiliary officer. [4/2016] (4) An auxiliary officer is not an officer or employee of the Agency. [4/2016] (5) An individual who is appointed as an auxiliary officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Agency. [4/2016]


document_id: neaa-2002
provision_ref: s17
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 17
title: Protection from personal liability
content:
17. —(1) No suit or other legal proceedings shall lie personally against any member, officer or employee of the Agency or other person acting under the direction of the Agency for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law. (2) A claim against the Agency or Government does not arise solely on the ground that — ( a ) a product or process conforms to or is alleged to conform to a standard accepted by the Agency; or ( b ) a certificate, brand, marking or any other thing is issued for use or is used by the Agency in connection with, in respect of or in relation to, a product or process. (3) Where the Agency provides a service to the public by which information is supplied to the public, neither the Agency nor any of its employees involved in the supply of that information is liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of such employees. 18. [ Repealed by Act 5 of 2018 ]


document_id: neaa-2002
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Financial year
content:
19. The financial year of the Agency begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: neaa-2002
provision_ref: s20
chapter: PART 5 - FINANCIAL PROVISIONS
section: 20
title: Estimates
content:
20. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Agency, be sent without delay to the Minister. [5/2018] (2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates. [5/2018] (3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Agency, and the Agency is bound by the Minister’s decision. [5/2018] (4) Despite any provision of this section, the Agency may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister.


document_id: neaa-2002
provision_ref: s21
chapter: PART 5 - FINANCIAL PROVISIONS
section: 21
title: All moneys recovered to be paid to Agency
content:
21. All moneys recovered or charges collected under this Act must be paid into and form part of the moneys of the Agency. [11/2019]


document_id: neaa-2002
provision_ref: s22
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22
title: Grants
content:
22. For the purpose of enabling the Agency to carry out its functions under this Act, the Minister may make grants to the Agency of such sums of money as the Minister may determine out of moneys to be provided by Parliament.


document_id: neaa-2002
provision_ref: s23
chapter: PART 5 - FINANCIAL PROVISIONS
section: 23
title: Borrowing power
content:
23. —(1) The Agency cannot raise loans for the performance of its functions under this Act or any other Act administered by the Agency except in accordance with this section. [7/2020] (2) Subject to subsection (3), the Agency may raise loans by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Agency or on any other revenue receivable by the Agency under this Act or any other written law; or ( c ) the creation and issue of debentures, bonds or any other instrument as the Minister for Finance may approve. [7/2020] (3) The Agency may raise loans — ( a ) from the Government; or ( b ) with the approval of the Minister for Finance, from another source, whether within or outside Singapore. [7/2020] (4) For the purposes of this section, the power to raise loans includes the power to make any financial agreement under which credit facilities are granted to the Agency for the purchase of goods, materials or things. [7/2020]


document_id: neaa-2002
provision_ref: s24
chapter: PART 5 - FINANCIAL PROVISIONS
section: 24
title: Issue of shares, etc.
content:
24. As a consequence of the vesting of any property, rights or liabilities of the Government in the Agency under this Act, or of any capital injection or other investment by the Government in the Agency in accordance with any written law, the Agency must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: neaa-2002
provision_ref: s25
chapter: PART 5 - FINANCIAL PROVISIONS
section: 25
title: Bank accounts
content:
25. —(1) The Agency must open and maintain an account with such bank or banks as the Agency thinks fit. (2) Every such account must be operated by such person authorised to do so by the Agency.


document_id: neaa-2002
provision_ref: s26
chapter: PART 5 - FINANCIAL PROVISIONS
section: 26
title: Application of moneys
content:
26. The moneys of the Agency must be applied only in payment or discharge of the expenses, obligations and liabilities of the Agency and in making any payment that the Agency is authorised or required to make.


document_id: neaa-2002
provision_ref: s27
chapter: PART 5 - FINANCIAL PROVISIONS
section: 27
title: Power of investment
content:
27. The Agency may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004] 28. [ Repealed by Act 5 of 2018 ] 29. [ Repealed by Act 5 of 2018 ] 30. [ Repealed by Act 5 of 2018 ] 31. [ Repealed by Act 5 of 2018 ]


document_id: neaa-2002
provision_ref: s32
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 32
title: Transfer to Agency of property, assets and liabilities
content:
32. —(1) As from 1 July 2002, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by any of the departments specified in the Schedule and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to any such department are transferred to and vest in the Agency without further assurance, act or deed. (2) If any question arises as to whether any particular property, or whether any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Agency under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Any immovable property to be transferred to and vested in the Agency under subsection (1) is held by the Agency upon such tenure and subject to such terms and conditions as the President may determine. (4) All proceedings in respect of the transferred properties by or against the Government which are pending on 1 July 2002 may be continued, completed and enforced by or against the Agency. (5) Every agreement relating to any of the transferred properties to which the Government was a party immediately before 1 July 2002, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if — ( a ) the Agency had been a party to such an agreement; and ( b ) for any reference to the Government there was substituted in respect of anything to be done on or after 1 July 2002 a reference to the Agency.


