# legal_provisions

document_id: ajpa-2016
provision_ref: s27
chapter: PART 6 - PROCEDURAL MATTERS
section: 27
title: Bail in contempt proceedings
content:
27. —(1) When any person appears before a court in proceedings for contempt of court, the person may be released on bail by that court. (2) Instead of taking bail from the person, the court may release the person if he or she signs a personal bond without sureties. (3) The provisions under Division 5 of Part 6 of the Criminal Procedure Code 2010 apply to any case where the court releases the person charged with a contempt of court on bail or on his or her own bond under this section and for the purposes of those provisions, the contempt of court is treated as a non‑bailable offence. (4) A court may grant bail to a person who has filed an appeal against any order or decision in accordance with section 32.


document_id: ajpa-2016
provision_ref: s29
chapter: PART 6 - PROCEDURAL MATTERS
section: 29
title: Burden and standard of proof for defences
content:
29. To avoid doubt, the burden of proof for proving the existence of circumstances bringing the case within any of the defences to contempt of court under Part 4 is upon the person relying on the defence and the standard of proof is on the balance of probabilities.


document_id: ajpa-2016
provision_ref: s30
chapter: PART 6 - PROCEDURAL MATTERS
section: 30
title: Consent of Attorney-General
content:
30. —(1) No proceedings for contempt of court as defined in section 3 or 4(8) may be instituted except by or with the consent of the Attorney‑General. (2) To avoid doubt, proceedings for contempt in the face of the court under section 25 and any other proceedings commenced by the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal on its own motion do not require the consent of the Attorney‑General. [40/2019]


document_id: ajpa-2016
provision_ref: s31
chapter: PART 6 - PROCEDURAL MATTERS
section: 31
title: Attorney-General’s power to take over conduct of proceedings, etc.
content:
31. Where proceedings for contempt of court, that were not commenced by a court, are conducted by a person other than the Attorney‑General, the Attorney‑General may, if he or she thinks fit, take over the conduct of the proceedings at any stage of the proceedings and continue the proceedings or, with the consent of the court, discontinue the proceedings.


document_id: ajpa-2016
provision_ref: s32
chapter: PART 6 - PROCEDURAL MATTERS
section: 32
title: Appeals
content:
32. —(1) An appeal lies from any order or decision of the General Division of the High Court, the Appellate Division of the High Court, a State Court, a Family Court or a Youth Court — ( a ) in the exercise of its jurisdiction to try and punish for contempt of court; or ( b ) otherwise under this Act. [40/2019] (2) No appeal may be brought under subsection (1) against any order or decision of the General Division of the High Court in the exercise of its appellate jurisdiction or the Appellate Division of the High Court in the exercise of its appellate jurisdiction, except with the permission of — ( a ) (in the case of the General Division of the High Court) the court to which the appeal is to be made under section 29C of the Supreme Court of Judicature Act 1969; and ( b ) (in the case of the Appellate Division of the High Court) the Court of Appeal. [40/2019] [Act 25 of 2021 wef 01/04/2022] (3) The appeal or application for permission to appeal must be filed in accordance with Rules of Court or Family Justice Rules (as the case may be) as if the appeal were an appeal in civil proceedings. [Act 25 of 2021 wef 01/04/2022] (4) An appeal does not operate as a stay of execution or enforcement unless the trial court or the appellate court so orders. [Act 25 of 2021 wef 01/04/2022] (5) The trial court or the appellate court may stay execution or enforcement on any judgment, order or punishment pending appeal on such terms as to security for the payment of any money or the performance or non‑performance of any act or the suffering of any punishment ordered by or in such judgment or order as to the court may seem reasonable. [Act 25 of 2021 wef 01/04/2022] (6) At the hearing of the appeal, the appellate court has and may exercise any power which the trial court may have exercised.


document_id: ajpa-2016
provision_ref: s33
chapter: PART 6 - PROCEDURAL MATTERS
section: 33
title: Enforcement of fines
content:
33. Payment of a fine for contempt of court imposed by any court may be enforced upon the order of the court in like manner as a fine imposed by a court in criminal proceedings under the Criminal Procedure Code 2010.


document_id: ajpa-2016
provision_ref: s34
chapter: PART 7 - MISCELLANEOUS
section: 34
title: Amendment of Schedule
content:
34. —(1) The Minister may, by order in the Gazette , amend, add to or vary the Schedule. (2) The Minister may, in any order made under subsection (1), make such saving or transitional provisions as may be necessary or expedient. (3) All orders made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ajpa-2016
provision_ref: s35
chapter: PART 7 - MISCELLANEOUS
section: 35
title: Saving and transitional provisions
content:
35. —(1) This Act does not apply to any act of contempt of court committed before 1 October 2017. (2) Any rules of court made under or in respect of the repealed section 7 of the Supreme Court of Judicature Act 1969 or the repealed section 8 of the State Courts Act 1970 and in force immediately before 1 October 2017 will, so far as they are not inconsistent with the provisions of this Act, continue in force as if made under this Act until they are revoked or repealed by Rules of Court made under this Act. (3) Any Family Justice Rules made under or in respect of the repealed section 11 of the Family Justice Act 2014 and in force immediately before 1 October 2017 will, so far as they are not inconsistent with the provisions of this Act, continue in force as if made under this Act until they are revoked or repealed by Family Justice Rules made under this Act.


document_id: ama-2017
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “accessories” means additional parts, or fittings, for the purpose of enhancing the comfort, appearance or performance of a personal mobility device, including sound and internet devices and navigation devices, but not including parts or fittings prescribed for the purposes of this definition; “appropriate supervisor” has the meaning given by section 23A(4); “authorised officer”, for any provision of this Act, means an individual who is appointed under section 38 as an authorised officer for the purposes of that provision; “Authority” means the Land Transport Authority of Singapore constituted under the Land Transport Authority of Singapore Act 1995; “bicycle” means a vehicle that — ( a ) has 2 wheels held one behind the other in a frame; ( b ) is steered by handlebars attached to the front wheel; ( c ) has pedals; and ( d ) is built to be propelled solely by human power; “code of conduct” means a code of conduct issued or approved by the Minister under section 24, and includes any such code of conduct as amended from time to time under that section; “competency test certificate”, for a class or description of test‑needed‑to‑drive vehicle, means a certificate granted under section 23F certifying that an individual has passed the prescribed test of competence for that class or description of test‑needed‑to‑drive vehicle; “cycling” does not include the use of a motor cycle or power‑assisted bicycle; “director” has the meaning given by section 4(1) of the Companies Act 1967; “driver” means a driver of a vehicle and includes a rider, but does not include an individual who is walking and pushing a motorised wheelchair; “driving” includes a reference to riding; “end‑of pedestrian‑only path marking” means a marking drawn or painted on a pedestrian‑only path, consisting of the prescribed symbol or words denoting the end of the pedestrian‑only path; “end‑of pedestrian‑only path sign” means a sign showing the prescribed symbol or words denoting the end of the pedestrian‑only path; “end‑of shared path marking” means a marking drawn or painted on a shared path, consisting of the prescribed symbol or words denoting the end of the shared path; “end‑of shared path sign” means a sign showing the prescribed symbol or words denoting the end of the shared path; “footpath” means a length or area of path (whether or not contiguous with another path or a road) provided for pedestrians to use, or individuals to ride a bicycle or non‑motorised personal mobility device on, and ending at the nearest of the following: ( a ) a pedestrian‑only path sign or pedestrian‑only path marking; ( b ) a shared path sign or shared path marking; ( c ) a road; ( d ) the natural end of the path (which may be a dead end); “holding yard” means a place used under section 52 for the storage of vehicles moved to, surrendered at, detained, seized or forfeited under Division 2 of Part 5; “identification card”, in relation to an authorised officer, a public path warden or a volunteer public path warden, means an identification card issued under section 42 to the authorised officer, public path warden or volunteer public path warden, as the case may be; “install”, in relation to any wayfinding signage, includes paint or mark on a surface in an indelible way; “land” includes any permanent buildings on, under or over the land; “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “mechanised sweeper” means a motor vehicle that — ( a ) is designed or adapted for the purpose of sweeping or cleansing paths, the collection or disposal of refuse on paths or of the contents of gullies on paths; and ( b ) is incapable by reason of its construction of driving itself and of reaching a prescribed speed on the level under its own power; “mobile communication device” has the meaning given by section 22A(4); “mobility scooter” means a vehicle that — ( a ) has 3 or more wheels and a footboard supported by the wheels; ( b ) is steered by handlebars; ( c ) has a seat; ( d ) is designed to carry an individual who is unable to walk or has difficulty in walking; and ( e ) is propelled by a motor that forms part of the vehicle; “motor vehicle” includes — ( a ) an automatic detection device that has wheels, a motor and is constructed to drive itself; ( b ) a robotic machine designed to move and operate independently of human control when the computer that controls it is programmed; or ( c ) a motor vehicle that is constructed to drive itself, but excludes a wheeled toy or model car that can be remotely operated; “motorised personal mobility device” or “motorised PMD” means a personal mobility device other than a non‑motorised personal mobility device; “motorised wheelchair” means a wheelchair that — ( a ) is designed to carry an individual who is unable to walk or has difficulty in walking; and ( b ) is propelled by a motor that forms part of the wheelchair; “non‑compliant bicycle” means a bicycle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed either for all bicycles generally or for the particular type of that bicycle; “non‑compliant mobility vehicle” means — ( a ) a mobility scooter the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under this Act either for all mobility scooters generally or for the particular type of that mobility scooter; or ( b ) a motorised wheelchair the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under this Act either for all motorised wheelchairs generally or for the particular type of that motorised wheelchair; “non‑compliant personal mobility device” means a personal mobility device the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed either for all personal mobility devices generally or for the particular type of that personal mobility device; “non‑compliant power‑assisted bicycle” means a power‑assisted bicycle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed either for all power‑assisted bicycles generally or for the particular type of that power‑assisted bicycle; “non‑motorised personal mobility device” means a personal mobility device that is designed to be propelled by human power only; “notice” does not include giving notice orally; “outsourced enforcement officer”, in relation to any provision of this Act or the regulations, means an individual who — ( a ) is appointed under section 11 of the Land Transport Authority of Singapore Act 1995; ( b ) is authorised by or under that Act to exercise any powers under any provision of this Act or regulations made under this Act, as the case may be; and ( c ) is acting within that authorisation; “owner”, in relation to a bicycle, PAB, personal mobility device, motorised wheelchair or mobility scooter, means — ( a ) for a registrable personal mobility device — the person who is recorded in the registrable PMD register as the registered responsible person for that device at the relevant time; ( b ) for a PAB — the person who is registered as the owner of the PAB under the Road Traffic Act 1961 at the relevant time; ( c ) for a registrable personal mobility device the registration of which under Part 3A is cancelled, or a PAB the registration of which under the Road Traffic Act 1961 is cancelled — the following person, as applicable: (i) the person who is last recorded in the registrable PMD register as the registered responsible person for that device; (ii) the person who is last recorded as the owner for that PAB under the Road Traffic Act 1961; and ( d ) for any other vehicle — the person who is — (i) a sole or joint owner of the vehicle; (ii) a person who solely, or jointly or in common with any other person, is entitled to the immediate possession of the vehicle; or (iii) for a vehicle which is the subject of a hiring agreement or hire‑purchase agreement, the person in possession or entitled to possession of the vehicle under that agreement; “path” does not include the following, whether or not contiguous with another path or a road: ( a ) an unformed or unsurfaced path; ( b ) a green verge or other area provided for the growing of grass, trees or other vegetation; “path‑connected open space” means a courtyard, plaza, square, quadrangle, atrium, peristyle or other substantially level and unenclosed open space that — ( a ) is surfaced and is not a green verge or other area provided for the growing of grass, trees or other vegetation; ( b ) is fronting, adjoining or abutting, or connected by stairs (mechanised or otherwise) to, a path (whether or not a public path); and ( c ) is used or capable of being used as a means of access to and from a path by pedestrians from any direction, but does not include an area with barbecue or open‑fire cooking facilities, an outdoor children’s playground, a spray pool, a fitness park, a court for basketball, badminton, sepak takraw or other similar sport, a parking area for bicycles or other vehicles or a similar amenity or facility that is ordinarily a stop or journey’s end; “pedestrian” means — ( a ) an individual walking, with or without animals; ( b ) an individual in a non‑motorised wheelchair; ( c ) an individual driving a motorised wheelchair or riding a mobility scooter; ( d ) an individual travelling on inline skates, roller‑skates or a wheeled toy; ( e ) an individual pushing a pram, stroller or trolley, or a motorised or non‑motorised wheelchair; or ( f ) an individual walking beside and pushing any other vehicle; “pedestrian‑only path” means a length or area of path (whether or not contiguous with another path or a road) — ( a ) provided solely for pedestrians to use; and ( b ) starting at a pedestrian‑only path marking or a pedestrian‑only path sign, and ending at the nearest of the following: (i) an end‑of pedestrian‑only path marking or an end‑of pedestrian‑only path sign; (ii) a shared path sign or a shared path marking; (iii) a road; (iv) the natural end of the path (which may be a dead end); “pedestrian‑only path marking” means a marking drawn, etched or painted on a path — ( a ) consisting of — (i) a prescribed symbol or prescribed words or both; and (ii) if the marking has a limited operation, words or figures specifying details of the operation of the marking; and ( b ) drawn, etched or painted so as to face an approaching pedestrian; “pedestrian‑only path sign” means a sign — ( a ) showing — (i) a prescribed symbol or prescribed words or both; and (ii) if the sign has a limited operation, words or figures specifying details of the operation of the sign; and ( b ) erected so as to face an approaching pedestrian; “personal mobility device” or “PMD” means a wheeled vehicle that — ( a ) is built to transport people only (with or without carry‑on baggage); and ( b ) is propelled by an electric motor attached to the vehicle or by human power or both, and includes a skateboard, but does not include a bicycle, power‑assisted bicycle, motor car, wheelchair (motorised or otherwise), mobility scooter, pram, stroller or trolley, inline skates, roller‑skates or a wheeled toy, and such other vehicle as the Minister may, by order in the Gazette , exclude from this definition; “power‑assisted bicycle” or “PAB” means a bicycle that — ( a ) is equipped with an electric motor; and ( b ) may be propelled by human power or by the electric motor with which it is equipped, or by both; “premises” means a building or structure (whether permanent or temporary) or part of a building or structure; “prescribed minimum riding age” has the meaning given by section 23A(1); “prescribed test of compe


document_id: ama-2017
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purposes of Act
content:
3. The purposes of this Act are — ( a ) to enhance connectivity by supporting development that promotes walking and cycling and patronage of public transport; ( b ) to maintain and promote the safety of public path users through appropriate enforcement and education strategies; ( c ) to reduce potential conflicts between the motorised and non‑motorised uses of public paths while ensuring that public paths accommodate the largest range of possible users safely; and ( d ) to ensure that uses of public paths are compatible with the areas surrounding it.


document_id: ama-2017
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Act binds Government
content:
4. —(1) This Act binds the Government, and applies to and in relation to — ( a ) any bicycle, power‑assisted bicycle or personal mobility device belonging to the Government; and ( b ) any public officer, public path warden or volunteer public path warden riding or otherwise using a bicycle, power‑assisted bicycle or personal mobility device. (2) However, nothing in this Act — ( a ) renders the Government liable to prosecution for an offence under this Act; or ( b ) prevents any public officer, public path warden or volunteer public path warden from exercising his or her powers or carrying out his or her duties under this Act or any other written law. (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government.


document_id: ama-2017
provision_ref: s5
chapter: PART 2 - PUBLIC PATH SYSTEM
section: 5
title: Interpretation of this Part
content:
5. In this Part, unless the context otherwise requires — “access agreement” means an agreement under Division 2 of this Part; “dedicated land” means State land that is reserved or dedicated to the use of the general public as — ( a ) a path or path‑connected open space solely for people to walk (but not to ride any vehicle) on, with or without animals; ( b ) a sidewalk; ( c ) a nature reserve, national park or public park within the meaning of the Parks and Trees Act 2005; or ( d ) a museum, reservoir or wildlife sanctuary, or otherwise for the purposes of public recreation; “private land” means land that is not public land; “public land” means land that is — ( a ) dedicated land; ( b ) State land that is not dedicated land; ( c ) common property or open space vested in or under the care, control or management of the Housing and Development Board or a Town Council; or ( d ) vested in or under the care, control or management of any other public authority by the operation of written law. [26/2020]


document_id: ama-2017
provision_ref: s6
chapter: PART 2 - PUBLIC PATH SYSTEM
section: 6
title: Declaring and classifying public paths
content:
6. —(1) Subject to this section, the Authority may, by order in the Gazette , declare that a path, or a path‑connected open space, located on land of a kind mentioned in subsection (2) is set aside for use by members of the public as — ( a ) a pedestrian‑only path; ( b ) a footpath; or ( c ) a shared path. [26/2020] (2) A public path of a kind mentioned in subsection (1) may be declared over — ( a ) any public land; or ( b ) any private land that is subject to an access agreement in favour of the Authority for the purposes of this Act. (3) A public path may only be declared over public land that is not State land if — ( a ) an agreement in relation to the declaration of the public path is entered into between — (i) the Minister; and (ii) the Minister charged with the responsibility for the public authority in whom the land is vested or which has the care, control or management of the land; and ( b ) the order under subsection (1) for the public path conforms to that agreement. (4) An order under subsection (1) must — ( a ) identify or describe the public path; and ( b ) specify whether the public path is a pedestrian‑only path, a footpath or a shared path. (5) An order under subsection (1) may — ( a ) include terms and conditions as to the use and management of the public path; and ( b ) provide for periods during which the public path is closed, partly closed or used temporarily for a purpose other than as a path. [26/2020] (6) An order under subsection (1) in relation to private land must conform to the terms of the access agreement on which it is based. (7) An order under subsection (1) (or as varied under section 7) — ( a ) attaches to the land; and ( b ) is binding on all persons who from time to time have an interest in the land.


document_id: ama-2017
provision_ref: s7
chapter: PART 2 - PUBLIC PATH SYSTEM
section: 7
title: Discontinuing or diverting, etc., public path
content:
7. —(1) Subject to this section, the Authority may, by subsequent order in the Gazette , vary or revoke an order made under section 6. (2) Without limiting that power in subsection (1), the Authority may — ( a ) discontinue (temporarily or otherwise) the whole or a part of a public path; ( b ) divert a public path; ( c ) vary the purpose of the public path, such as from a pedestrian‑only path to a shared path or vice versa, or a footpath to a shared path or vice versa, and so on; or ( d ) alter the boundaries of a public path. (3) Except in the case of discontinuing the whole or a part of a public path, an order under subsection (1) affecting a public path on private land is subject to the requirement that the order must conform to the terms of the access agreement on which the original order is based.


document_id: ama-2017
provision_ref: s8
chapter: PART 2 - PUBLIC PATH SYSTEM
section: 8
title: Restriction on use of public path on public land
content:
8. —(1) Despite any Act or law to the contrary, but subject to this section, where a public path is declared over public land that is not State land, the performance of functions and the exercise of rights or powers in relation to the land by the public authority in whom the land is vested or which has the care, control or management of the land, or by any other person who has an interest in the land, are subject to — ( a ) the performance of functions and the exercise of powers by the Authority in relation to the public path under this or any other Act; and ( b ) the right of members of the public to use the public path in accordance with this Act. (2) Despite any Act or law to the contrary, but subject to this section, where a public path is declared over private land that is subject to an access agreement in favour of the Authority for the purposes of the public path, the rights and powers of the proprietor and occupier of the land, and of any other person who has an interest in the land, are subject to — ( a ) the performance of functions and the exercise of powers by the Authority in relation to the public path under this or any other Act; and ( b ) the right of members of the public to use the public path in accordance with this Act. (3) The performance of functions and the exercise of powers by the Authority in relation to a public path on private land are subject to the terms of the access agreement on which the order declaring the public path is based. Division 2 &#x2014; Access agreements


document_id: ama-2017
provision_ref: s9
chapter: PART 2 - PUBLIC PATH SYSTEM
section: 9
title: Access agreements
content:
9. —(1) The proprietor of private land may enter into an agreement under this Division with the Authority for the purposes of declaring a part of the land a public path if all other persons with a legal interest in the land have consented to that agreement. (2) Subject to section 11, an access agreement — ( a ) attaches to the land; ( b ) is binding on all persons who from time to time have an interest in the land; and ( c ) remains in full force and effect despite the fact that the land to which it applies ceases to be private land because of a transfer of ownership or for any other reason.


document_id: ama-2017
provision_ref: s10
chapter: PART 2 - PUBLIC PATH SYSTEM
section: 10
title: Access agreement may include indemnity
content:
10. —(1) An access agreement may include — ( a ) an indemnity from a specified form of liability or right of action; ( b ) a waiver or exclusion of a specified form of liability or right of action; ( c ) an acknowledgment of liability; or ( d ) a disclaimer. (2) An access agreement may also include a term requiring a party to the agreement to indemnify another party for costs incurred in defending legal proceedings against the second‑mentioned party.


document_id: ama-2017
provision_ref: s11
chapter: PART 2 - PUBLIC PATH SYSTEM
section: 11
title: Variation of access agreement
content:
11. —(1) Subject to subsection (2), an access agreement may be varied at any time by agreement between the parties but only if it remains in conformity with the order under section 6 declaring the relevant public path. (2) An access agreement cannot be varied in a manner that affects the legal interest in the land of another person without that person’s consent to the agreement.


document_id: ama-2017
provision_ref: s12
chapter: PART 3 - USE OF PUBLIC PATHS
section: 12
title: Rights of passage
content:
12. —(1) A member of the public is individually entitled as of right to pass along a public path. (2) Members of the public are generally entitled as of right to pass along a public path. (3) The rights conferred by this section do not derogate from any right of passage conferred by the common law. (4) The rights of passage conferred by this section or at common law are subject to any restrictions, limitations or conditions which may be specified by or under this Act or any other Act or law.


document_id: ama-2017
provision_ref: s13
chapter: PART 3 - USE OF PUBLIC PATHS
section: 13
title: Rights of adjoining land owners or occupiers
content:
13. —(1) A proprietor or occupier of any land which adjoins a public path is entitled as of right to access the public path from that land. (2) Rights of access conferred by this section are subject to any restrictions, limitations or conditions which may be specified by or under this Act or any other Act or law.


document_id: ama-2017
provision_ref: s14
chapter: PART 3 - USE OF PUBLIC PATHS
section: 14
title: Extinguishment of rights
content:
14. The rights of the public, whether under this Act or at common law, in relation to a public path can only be extinguished if the public path is discontinued in accordance with section 7. Division 2 &#x2014; Conduct of users of public paths


document_id: ama-2017
provision_ref: s15
chapter: PART 3 - USE OF PUBLIC PATHS
section: 15
title: No riding of bicycles, etc., on pedestrian‑only paths
content:
15. —(1) Subject to this Act, an individual must not ride a bicycle, a PAB or a personal mobility device, or drive or ride a motor vehicle that is neither a motorised wheelchair nor a mobility scooter, on a public path that is a pedestrian‑only path. (2) However, subsection (1) does not apply to an individual who is riding a bicycle, a PAB or a personal mobility device on a pedestrian‑only path — ( a ) if the individual — (i) is crossing the pedestrian‑only path by the shortest safe route; and (ii) does not stay on the pedestrian‑only path longer than necessary to cross it safely; or ( b ) if — (i) there is an obstruction on a road, footpath or shared path adjacent to the pedestrian‑only path (called an adjacent area); (ii) it is impracticable to travel on the adjacent area; and (iii) the individual travels no more than reasonably necessary along the pedestrian‑only path to avoid the obstruction. (3) Subsection (1) also does not apply to an individual who is driving a mechanised sweeper on a pedestrian‑only path in the course of his or her employment, which is to sweep or otherwise clean sidewalks or paths. [9/2020] (4) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020]


document_id: ama-2017
provision_ref: s16
chapter: PART 3 - USE OF PUBLIC PATHS
section: 16
title: No riding of PABs, etc., on footpaths
content:
16. —(1) Subject to this Act, an individual must not — ( a ) ride a PAB or a motorised personal mobility device on a footpath; or ( b ) drive on a footpath a motor vehicle that is not a motorised wheelchair or mobility scooter. [9/2020] (2) However, subsection (1) does not apply to an individual who is riding a PAB or a motorised personal mobility device on a footpath — ( a ) if the individual — (i) is crossing the footpath by the shortest safe route; and (ii) does not stay on the footpath longer than necessary to cross it safely; or ( b ) if — (i) there is an obstruction on a road or shared path adjacent to the footpath (called an adjacent area); (ii) it is impracticable to travel on the adjacent area; and (iii) the individual travels no more than reasonably necessary along the footpath to avoid the obstruction. [9/2020] (3) Subsection (1) also does not apply to an individual who is driving a mechanised sweeper on a footpath in the course of his or her employment, which is to sweep or otherwise clean sidewalks or paths. [9/2020] (4) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020] (5) In relation to an offence under subsection (4), “repeat offender” extends to include an individual who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the individual is convicted or found guilty of the current offence, of — (i) the same offence; or (ii) an offence under subsection (4) as in force immediately before 3 April 2020. [9/2020]


document_id: ama-2017
provision_ref: s17
chapter: PART 3 - USE OF PUBLIC PATHS
section: 17
title: No motor cars, etc., on shared paths
content:
17. —(1) Subject to this Act, an individual must not drive or ride on a shared path any motor vehicle that is not a PAB, personal mobility device, motorised wheelchair or mobility scooter. (2) Subsection (1) does not apply to an individual who is driving a mechanised sweeper on a shared path in the course of his or her employment, which is to sweep or otherwise clean sidewalks or paths. [9/2020] (3) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020]


document_id: ama-2017
provision_ref: s18
chapter: PART 3 - USE OF PUBLIC PATHS
section: 18
title: Vehicle banned for public path
content:
18. —(1) Subject to this Act, an individual must not — ( a ) ride or drive on a public path that is a shared path a bicycle, a PAB, a personal mobility device, a mobility scooter or a motorised wheelchair which, by reason of its construction, weight or equipment, is prescribed as banned for use on that public path or on all shared paths generally; ( b ) ride or drive on a public path that is a footpath a bicycle, a non‑motorised personal mobility device, a mobility scooter or a motorised wheelchair which, by reason of its construction, weight or equipment, is prescribed as banned for use on that public path or on all footpaths generally; or ( c ) drive on a public path that is a pedestrian-only path a mobility scooter or a motorised wheelchair which, by reason of its construction, weight or equipment, is prescribed as banned for use on that public path or on all pedestrian‑only paths generally, knowing that, or reckless as to whether, it is so banned. [38/2018; 9/2020] (2) Subject to this Act, an individual must not ride on a public path that is a shared path, a PAB that is not registered under the Road Traffic Act 1961, knowing that, or reckless as to whether, it is so not registered. [38/2018] (3) To avoid doubt, a bicycle, a PAB or a personal mobility device may be prescribed as banned for use on a specific footpath or shared path or generally on all footpaths or shared paths (as the case may be), even if it is not non‑compliant. [38/2018] (4) To avoid doubt, a mobility scooter or a motorised wheelchair may be prescribed as banned for use on a specific pedestrian‑only path, footpath or shared path, or generally on all pedestrian‑only paths, footpaths or shared paths (as the case may be), even if it is not non-compliant. [38/2018] (5) An individual who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but ( b ) where the individual is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [38/2018; 9/2020]


document_id: ama-2017
provision_ref: s19
chapter: PART 3 - USE OF PUBLIC PATHS
section: 19
title: Non‑compliant personal mobility devices, etc.
content:
19. —(1) Subject to this Act, an individual must not, without reasonable excuse, ride or drive on a public path that is a footpath or shared path — ( a ) a non‑compliant bicycle; ( b ) a non‑compliant PAB; ( c ) a non‑compliant personal mobility device; or ( d ) a non-compliant mobility vehicle, knowing that, or reckless as to whether, it is non‑compliant. [38/2018] (2) Subject to this Act, an individual must not, without reasonable excuse, drive on a public path that is a pedestrian‑only path, a non‑compliant mobility vehicle knowing that, or reckless as to whether, the mobility scooter or motorised wheelchair (as the case may be) is non‑compliant. [38/2018] (3) An individual who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; but ( b ) where the individual is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [38/2018; 9/2020] (4) Despite subsections (1) and (2), where any requirement is prescribed in regulations as to construction, weight or accessories for any bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair, an individual may, if a grace period is prescribed, ride or drive on a public path during the grace period a bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair (as the case may be), the riding or driving of which is otherwise unlawful under this section by virtue only of that requirement, if the individual proves, on a balance of probabilities, that the bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair (as the case may be) was sold before the date mentioned in subsection (5)( a ). [38/2018] (5) A grace period, for any requirement prescribed in regulations as to the construction, weight or accessories for any bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair, means a period — ( a ) starting on the date the requirement in those regulations comes into force; and ( b ) prescribed in those regulations for the purpose of subsection (4). [38/2018]


document_id: ama-2017
provision_ref: s20
chapter: PART 3 - USE OF PUBLIC PATHS
section: 20
title: Excepted use of non‑compliant personal mobility devices, etc.
content:
20. —(1) Despite section 19 but without affecting section 18, an individual may ride or drive on a public path that is a footpath or shared path — ( a ) a non‑compliant bicycle of a prescribed model or description; ( b ) a non‑compliant PAB of a prescribed model or description; ( c ) a non‑compliant personal mobility device of a prescribed model or description; or ( d ) a non-compliant mobility vehicle of a prescribed model or description, subject to such conditions as are prescribed in relation to that vehicle. [38/2018] (2) Despite section 19 but without affecting section 18, an individual may drive on a public path that is a pedestrian‑only path, a non‑compliant mobility vehicle of a prescribed model or description subject to such conditions as are prescribed in relation to that vehicle. [38/2018] (3) An individual who, when riding or driving any vehicle mentioned in subsection (1) or (2) on a public path that is a pedestrian‑only path, footpath or shared path, fails to comply with the conditions prescribed for the purposes of that subsection and in relation to that vehicle, shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; but ( b ) where the individual is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [38/2018; 9/2020]


document_id: ama-2017
provision_ref: s20A
chapter: PART 3 - USE OF PUBLIC PATHS
section: 20A
title: Riding without displaying registration marks, etc.
content:
20A. —(1) A rider of a registrable personal mobility device must, when riding the device on a public path, ensure that the following are installed and displayed on the device in accordance with the regulations: ( a ) any registration mark issued by the Authority under section 28C for that device; ( b ) a label or other mark required under section 28G(1)( b ) in relation to that device. [38/2018] (2) A rider of a PAB must, when riding the PAB on a public path, ensure that any identification mark required under the Road Traffic Act 1961 for the use of the PAB on a road is installed and displayed on the PAB in accordance with the requirements under that Act. [38/2018] (3) A rider of a registrable personal mobility device or PAB who, without reasonable excuse, contravenes subsection (1) or (2) (as the case may be) commits an offence. [38/2018] (4) A person who is guilty of an offence under subsection (3) shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [38/2018]


document_id: ama-2017
provision_ref: s21
chapter: PART 3 - USE OF PUBLIC PATHS
section: 21
title: Speeding on public paths
content:
21. —(1) Subject to this Act, an individual must not — ( a ) ride a bicycle, a PAB or a personal mobility device; or ( b ) drive a motorised wheelchair or ride a mobility scooter, on any public path that is a footpath or shared path in excess of the maximum speed prescribed for that public path. (2) Different maximum speeds may be prescribed for different types of footpaths or shared paths. (3) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but ( b ) where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [9/2020]


document_id: ama-2017
provision_ref: s22
chapter: PART 3 - USE OF PUBLIC PATHS
section: 22
title: Dangerous riding of bicycles, etc., on public paths
content:
22. —(1) Subject to this Act, an individual must not — ( a ) ride a bicycle, a PAB or a personal mobility device; ( b ) drive a motorised wheelchair or ride a mobility scooter; or ( c ) drive a mechanised sweeper, on any public path recklessly, or in a manner which is dangerous to the public, having regard to all the circumstances of the case. [38/2018; 9/2020] (2) An individual 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. [9/2020]


document_id: ama-2017
provision_ref: s22A
chapter: PART 3 - USE OF PUBLIC PATHS
section: 22A
title: Use of mobile communication device when driving or riding on public path
content:
22A. —(1) Subject to this Act, the driver or rider of a vehicle must not hold in his or her hand a mobile communication device and operate any of its communication or other functions, when the vehicle is moving on a public path. [9/2020] (2) A driver or rider of a vehicle who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the driver or rider is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020] (3) To avoid doubt, subsection (1) does not apply — ( a ) to a vehicle or motor vehicle when it is driving itself; or ( b ) to a mobile communication device that is a wearable device (such as a smart watch), when it is worn by the driver or rider in the manner intended by the manufacturer of the wearable device. [9/2020] (4) In this section — “communication function” means — ( a ) sending or receiving audio phone calls, text messages, video calls, video messages, written messages or images; ( b ) sending or receiving electronic documents; or ( c ) providing access to the Internet; “mobile communication device” means — ( a ) a mobile phone; or ( b ) any wireless handheld device (such as a tablet computer) or wearable device (such as a smart watch) designed or capable of being used for a communication function. [9/2020]


document_id: ama-2017
provision_ref: s23
chapter: PART 3 - USE OF PUBLIC PATHS
section: 23
title: Duty of driver of vehicle if accident occurs
content:
23. —(1) If owing to the presence of a vehicle on a public path an accident occurs whereby any individual is injured or any property (including any animal) is damaged or destroyed, the driver of the vehicle must comply as far as the circumstances permit with the following requirements: ( a ) must immediately stop the vehicle; ( b ) must immediately render such assistance as he or she can; ( c ) must at the scene of the accident as soon as possible give his or her name and residential address, whether he or she is covered by third‑party liability insurance for driving or riding on public paths and the name of the insurer, and also the name and address of the owner of the vehicle — (i) to any person who has been injured or to the owner of any property that has been damaged or destroyed; or (ii) to a person representing the injured person or the owner of the property; ( d ) must at the scene of the accident as soon as possible give those names and addresses to any police officer, authorised officer or public path warden who is present; ( e ) if any person is injured and no police officer, authorised officer and public path warden are present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident; ( f ) if any property is damaged or destroyed and none of the following are present at the scene of the accident: (i) the owner of the property nor any person representing the owner; (ii) any police officer, authorised officer or public path warden, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident. [9/2020] (2) If a vehicle, which has been left standing on a public path, moves of its own accord from the position in which it was left and is involved in an accident whereby any person is injured or any property (including any animal) is damaged or destroyed, the person who left the vehicle so standing must, as soon as possible after becoming aware of the accident, comply as far as the circumstances permit with the requirements of subsection (1). (3) If — ( a ) as a result of an accident involving a vehicle on a public path an individual is killed or suffers injury; ( b ) the driver of the vehicle knows or ought reasonably to have known that the accident had occurred and had resulted in an individual being killed or suffering injury; and ( c ) the driver of the vehicle does not comply with the requirements of subsection (1)( a ), ( b ), ( c ), ( d ) or ( e ) in relation to the accident, the driver shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both but, in the case where the driver is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ama-2017
provision_ref: s23A
chapter: PART 3 - USE OF PUBLIC PATHS
section: 23A
title: Under-aged riding on shared path
content:
23A. —(1) Subject to subsection (3), an individual commits an offence if the individual rides a motorised personal mobility device on a shared path when he or she is below the prescribed minimum riding age for riding the motorised personal mobility device on the shared path. [9/2020] (2) An individual who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020] (3) Subsection (1) does not apply where the individual riding the motorised personal mobility device on a shared path is riding under escort by one or more appropriate supervisors (whether or not a parent or guardian). [9/2020] (4) In this section — “appropriate supervisor”, in relation to an under-aged rider, means an individual who has attained a minimum supervising age prescribed; “riding under escort”, in relation to an under-aged rider on a shared path, means — ( a ) having by agreement, understanding or other arrangement of any kind for the purposes of this section or section 23C in relation to the under-aged rider, an appropriate supervisor being on or in the vicinity of the shared path when the under‑aged rider is riding on the shared path; and ( b ) riding in such a way that the appropriate supervisor has a clear and unobstructed line of sight of the under‑aged rider when the under‑aged rider is riding on the shared path. [9/2020] (5) Regulations may be made prescribing — ( a ) different minimum riding ages for different classes or description of motorised personal mobility devices; and ( b ) different minimum supervising ages for different classes or description of motorised personal mobility devices. [9/2020]


document_id: ama-2017
provision_ref: s23B
chapter: PART 3 - USE OF PUBLIC PATHS
section: 23B
title: Facilitating under-aged riding
content:
23B. —(1) Subject to subsections (3) and (4), a person commits an offence if — ( a ) the person invites, allows or facilitates an individual to ride a motorised personal mobility device on a shared path when the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on the shared path; ( b ) the person knows that, or is negligent as to whether, both the following circumstances apply: (i) the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on that shared path; (ii) the individual is not escorted or to be escorted while so riding, by an appropriate supervisor (whether or not a parent or guardian) who has the prescribed qualifications; and ( c ) the individual does ride a motorised personal mobility device on a shared path when an under‑aged rider. [9/2020] (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020] (3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused — ( a ) had reasonable grounds to believe and did make reasonable inquiries to ascertain that the individual riding or about to ride a motorised personal mobility device on a shared path was not an under‑aged rider; or ( b ) had received from the individual riding or about to ride a motorised personal mobility device on a shared path, evidence purporting to show that that individual was not an under‑aged rider, and that it was reasonable to and the accused did accept that evidence as correct. [9/2020] (4) In this section, “facilitate”, in relation to an individual riding a motorised personal mobility device on a shared path, means any conduct by a person that enables or aids the individual to ride the motorised personal mobility device on a shared path where either the person — ( a ) intends that the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path; or ( b ) is reckless as to whether or not the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path, but excludes mere advertising and selling (but not letting for hire) a motorised personal mobility device. [9/2020] (5) To avoid doubt, subsection (1) does not limit the term “abetment” under the Penal Code 1871. [9/2020]


document_id: ama-2017
provision_ref: s23C
chapter: PART 3 - USE OF PUBLIC PATHS
section: 23C
title: Appropriate supervisor’s duties for under-aged riding
content:
23C. —(1) Subject to this Act, an appropriate supervisor with prescribed qualifications referred to in section 23B(1)( b )(ii) commits an offence if — ( a ) he or she is, by agreement, understanding or other arrangement of any kind with an under‑aged rider, the appropriate supervisor for the purposes of this section or section 23A to escort the under‑aged rider when riding a motorised personal mobility device on a shared path; and ( b ) he or she fails to take, so far as is reasonable and practicable, such measures as are necessary — (i) to ensure that the under‑aged rider does not ride in contravention of this Part and Part 3A, and in a manner that is dangerous to people or property; and (ii) to carry out any other duties where prescribed in relation to the appropriate supervisor or the motorised personal mobility device. [9/2020] (2) Where in any proceedings for an offence under subsection (1), it is alleged that an appropriate supervisor failed to do something so far as is reasonable and practicable in relation to a requirement in subsection (1)( b ), it is for the accused to prove, on a balance of probabilities, that — ( a ) it was not reasonable or not practicable to do more than what was in fact done to satisfy that requirement; and ( b ) there was no better practicable means than was in fact used to satisfy that requirement. [9/2020] (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020] Division 2A &#x2014; Competency test for riding, etc.,
on public paths


document_id: ama-2017
provision_ref: s23D
chapter: PART 3 - USE OF PUBLIC PATHS
section: 23D
title: Unauthorised riding of test-needed-to-drive vehicles
content:
23D. —(1) An individual commits an offence if the individual — ( a ) drives or rides on a public path a test‑needed‑to‑drive vehicle of a class or description; ( b ) is not granted a competency test certificate from a test authority for that class or description of test‑needed‑to‑drive vehicle certifying that the individual has passed the prescribed test of competence for that class or description of vehicle; and ( c ) is not excluded under subsection (2) or not exempted from this provision under section 66. [9/2020] (2) Subsection (1) does not apply to — ( a ) an under-aged rider riding a test‑needed‑to‑drive vehicle of a class or description on a public path; or ( b ) an individual (but not an under-aged rider) riding a test‑needed‑to‑drive vehicle in circumstances prescribed in regulations. [9/2020] (3) An individual who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but ( b ) where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [9/2020]


document_id: ama-2017
provision_ref: s23E
chapter: PART 3 - USE OF PUBLIC PATHS
section: 23E
title: Employing, etc., untested rider, etc., on public path
content:
23E. —(1) Subject to this Act, a person commits an offence if — ( a ) the person employs, or intentionally or negligently allows, an individual to drive or ride a test‑needed‑to‑drive vehicle of a class or description on a public path; ( b ) the individual in paragraph ( a ) is not granted a competency test certificate for that class or description of test‑needed‑to‑drive vehicle and is not excluded under section 23D(2); and ( c ) the person knows that, or is negligent as to whether, the individual is not granted a competency test certificate for that class or description of test‑needed‑to‑drive vehicle. [9/2020] (2) To avoid doubt, subsection (1) does not apply to a person who carries on at any premises a business of selling test‑needed‑to‑drive vehicles allowing, in the course of that business and for the purpose of selling the vehicle, a customer of the business concerned at the customer’s request to drive or ride a test‑needed‑to‑drive vehicle within any part of those premises not comprising a public path. [9/2020] (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [9/2020]


document_id: ama-2017
provision_ref: s23F
chapter: PART 3 - USE OF PUBLIC PATHS
section: 23F
title: Grant by test authority of competency test certificate
content:
23F. —(1) The test authority for a class or description of a test‑needed‑to‑drive vehicle may, on the application under subsection (2) by an individual, grant the individual a competency test certificate certifying that the individual has passed the prescribed test of competence for that class or description of vehicle if, and only if, the test authority is satisfied that the individual — ( a ) has attended and successfully completed, not earlier than a prescribed time before that application is made, a prescribed test of competence relating to the class or description of test‑needed‑to‑drive vehicle which is the subject of the application; and ( b ) is not below — (i) the prescribed minimum riding age (if applicable) relating to that test‑needed‑to‑drive vehicle which is a motorised personal mobility device; or (ii) the minimum age prescribed under section 62(1) of the Road Traffic Act 1961 where the vehicle is a test‑needed‑to‑ride‑on‑road vehicle within the meaning of that Act. [9/2020; 12/2021] (2) An application for a competency test certificate must — ( a ) be in the form and manner the relevant test authority requires; ( b ) be accompanied by an application fee, if prescribed; ( c ) state the class or description of test‑needed‑to‑drive vehicle that is the subject of the application; and ( d ) contain an undertaking to take, or a declaration that the applicant has attended and successfully completed (as the case may be) a prescribed test of competence to drive or ride the class or description of test‑needed‑to‑drive vehicle which is the subject of the application. [9/2020] (3) A test authority may refuse to consider an application under subsection (2) that is incomplete or not made in accordance with this section. [9/2020] (4) To avoid doubt, a competency test certificate may be granted in a digital form, consisting of evidence of the grant of the competency test certificate using information relating to the individual granted the competency test certificate that is displayed on a mobile communication device or other electronic device. [9/2020]


document_id: ama-2017
provision_ref: s23G
chapter: PART 3 - USE OF PUBLIC PATHS
section: 23G
title: Validity of competency test certificate
content:
23G. —(1) Subject to this section, every competency test certificate granted to an individual for a class or description of test‑needed‑to‑drive vehicle remains in force — ( a ) for the period specified in the competency test certificate; or ( b ) for the natural life of the individual if no period in paragraph ( a ) is specified. [9/2020] (2) A test authority may cancel a competency test certificate granted to an individual for a class or description of test‑needed‑to‑drive vehicle if — ( a ) the test authority is satisfied that the competency test certificate had been obtained by the individual by fraud or misrepresentation; or ( b ) the prescribed test of competence for the same class or description of test‑needed‑to‑drive vehicle has so materially changed after the grant of the competency test certificate as to affect the assessment of the individual’s continued competency to drive or ride the test‑needed‑to‑drive vehicle. [9/2020] (3) A competency test certificate granted to an individual may be cancelled by a test authority under subsection (2) by the test authority giving notice to the individual concerned of the cancellation. [9/2020] (4) A competency test certificate that is cancelled under subsection (2) is void from the date of cancellation specified in the notice under subsection (3). [9/2020]


document_id: ama-2017
provision_ref: s23H
chapter: PART 3 - USE OF PUBLIC PATHS
section: 23H
title: Unlawful use of competency test certificate
content:
23H. —(1) A person commits an offence if the person — ( a ) has in the person’s possession, without lawful authority or a reasonable excuse an article so resembling a competency test certificate as to be calculated to deceive; ( b ) alters a competency test certificate in a way that is calculated to deceive; ( c ) dishonestly alters or uses a competency test certificate; or ( d ) dishonestly lends, or allows another person to use, a competency test certificate. [9/2020] (2) A person who is guilty of an offence under subsection (1) 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. [9/2020] Division 3 &#x2014; Code of conduct for users of public paths


document_id: ama-2017
provision_ref: s24
chapter: PART 3 - USE OF PUBLIC PATHS
section: 24
title: Codes of conduct
content:
24. —(1) The Minister may — ( a ) issue one or more codes of conduct; ( b ) approve as a code of conduct any document prepared by a person other than the Authority if the Minister considers the document as suitable for this purpose; or ( c ) amend or revoke any code of conduct issued under paragraph ( a ) or approved under paragraph ( b ), to provide practical guidance or certainty in respect of any one or more of the requirements of this Act or any duty or other requirement prescribed under this Act with respect to the use of public paths. (2) In particular, a code of conduct may — ( a ) set out benchmarks of good practice and conduct in relation to the use of public paths; and ( b ) describe the markings for different types of public paths. (3) However, a code of conduct cannot — ( a ) impose a duty on any person; ( b ) direct how any matter or thing is to be done; ( c ) create an enforceable legal right; or ( d ) impose any liability or penalty. (4) If any provision in any code of conduct is inconsistent with any provision of this Act, that provision in the code, to the extent of the inconsistency — ( a ) is to have effect subject to the provisions of this Act; and ( b ) having regard to the provisions of this Act, is not to have effect. (5) Where a code of conduct is issued, approved, amended or revoked by the Minister under subsection (1), the Minister must — ( a ) give notice of the issue, approval, amendment or revocation (as the case may be) of the code of conduct by notice in the Gazette ; ( b ) specify in the notice mentioned in paragraph ( a ) the date of issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of conduct remains in force, copies of that code of conduct, and of all amendments to that code of conduct, are available for inspection, free of charge, by the general public. (6) No code of conduct, no amendment to a code of conduct, and no revocation of any such code of conduct, has any force or effect as a code of conduct until the notice relating thereto is published in accordance with subsection (5). (7) A code of conduct issued or approved under this section does not have legislative effect.


document_id: ama-2017
provision_ref: s25
chapter: PART 3 - USE OF PUBLIC PATHS
section: 25
title: Use of code of conduct in proceedings
content:
25. —(1) A code of conduct is admissible in evidence in any proceedings in a court where — ( a ) a person is alleged to have committed an offence or a civil wrong — (i) by reason of a contravention of any provision of this Act; or (ii) by reason of a failure to discharge or perform a duty or other requirement imposed by this Act; and ( b ) the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court in the proceedings, a code of conduct relates. (2) In criminal proceedings or civil proceedings in a court, evidence that — ( a ) a person has complied with a provision in a code of conduct found by the court to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or ( b ) a person has contravened or failed to comply with, whether by act or omission, any such provision so found, may be relied on by any party to those proceedings as tending to establish or negative any liability which is in question in those proceedings. (3) To avoid doubt, a reference in subsection (1) to a provision of this Act includes a provision of any regulations. Division 4 &#x2014; Wayfinding and maintaining clear public paths


document_id: ama-2017
provision_ref: s26
chapter: PART 3 - USE OF PUBLIC PATHS
section: 26
title: Signs for public paths
content:
26. —(1) The Authority may, for a purpose in subsection (2), give an order to any proprietor or occupier of any land, requiring the proprietor or occupier to do all or any of the following, at the proprietor’s or occupier’s cost: ( a ) to install, erect or relocate, or cause to be installed, erected or relocated, on the land, any permanent wayfinding signage in relation to all or any public paths — (i) which lead to or away from the land; (ii) which front, adjoin or abut on the land; or (iii) on, under or over the land; ( b ) to remove or cause to be removed from the land any use‑incompatible signage in relation to all or any public paths — (i) which lead to or away from the land; (ii) which front, adjoin or abut on the land; or (iii) on, under or over the land. [38/2018] (2) An order under subsection (1) may be given only for either or both of the following purposes: ( a ) enhancing connectivity and supporting development that promotes walking and cycling and patronage of public transport; ( b ) supporting the right of members of the public to use a public path in accordance with this Act. [38/2018] (3) An order under subsection (1) must specify — ( a ) the type and description of the signage to be installed, removed, erected or relocated, as the case may be; ( b ) the locations on the land where the signage are to be installed, removed, erected or relocated; ( c ) the time by which the work for installing, removing, erecting or relocating (as the case may be) the signage must start; and ( d ) the time within which the work for installing, removing, erecting or relocating (as the case may be) the signage must be completed. [38/2018] (4) However, no order under subsection (1) may be given to any proprietor or occupier of any land unless the Authority has given to the proprietor or occupier of the land concerned — ( a ) notice of intention to give the order; ( b ) describing the contents of the order; and ( c ) specifying the time (being at least 14 days after the date of service of notice on the proprietor or occupier) within which written representations may be made to the Authority with respect to the proposed order. (5) If an order under subsection (1) is not complied with to its satisfaction, the Authority may — ( a ) carry out or cause to be carried out all or any of the work specified in that order; and ( b ) recover all expenses reasonably incurred by the Authority in the exercise of powers under this section from the person in default. (6) Without affecting the right of the Authority to exercise the powers under subsection (5), if any person to whom an order under subsection (1) is given, without reasonable excuse, fails to comply with the requirements of that order, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (7) This section does not affect the duty of the Authority in relation to road related facilities under the Street Works Act 1995.


document_id: ama-2017
provision_ref: s27
chapter: PART 3 - USE OF PUBLIC PATHS
section: 27
title: Maintaining wayfinding signs for public paths
content:
27. —(1) A proprietor or occupier of any land on which any permanent wayfinding signage in relation to all or any public paths leading to or away from, fronting, adjoining or abutting on, or on, under or over, the land is erected or installed, or relocated (whether by the proprietor or occupier or a predecessor) pursuant to an order under section 26(1) — ( a ) must maintain the signage in a reasonably good and clean condition, allowing for reasonable wear and tear; and ( b ) must not intentionally or negligently cause or permit damage to the signage, or the signage to be obscured from view. [38/2018] (2) A 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 $2,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (3) In proceedings for an offence under subsection (2), it is a defence to the charge for the accused to prove, on a balance of probabilities, that the damage to the signage concerned was due to — ( a ) any riot, insurrection, revolution or civil disorder, act of sabotage, vandalism or war (whether declared or undeclared); ( b ) a military operation, or an act for the purpose of extinguishing or preventing the spread of a fire on the land or adjoining land; or ( c ) lightning, earthquake, storm, fire, flood, subsidence, landslide, mudslide or other natural disaster. (4) Where, in the opinion of the Authority, any permanent wayfinding signage that relates to all or any public paths leading to or away from, fronting, adjoining or abutting on, or on, under or over, any land is not kept or maintained in a state of good repair or in a proper and clean condition or is obscured, the Authority may give an order to the proprietor or occupier of the land requiring the proprietor or occupier of the land to repair, clean or uncover, or cause to be repaired, cleaned or uncovered, the signage at the proprietor’s or occupier’s cost. [38/2018] (5) An order under subsection (4) must specify — ( a ) the permanent wayfinding signage to be repaired, cleaned or uncovered; ( b ) the time by which the work for repairing, cleaning or uncovering the signage must start; and ( c ) the time within which the work for repairing, cleaning or uncovering the signage must be completed. [38/2018] (6) If an order under subsection (4) is not complied with to its satisfaction, the Authority may — ( a ) carry out or cause to be carried out all or any of the work specified in that order; and ( b ) recover all expenses reasonably incurred by the Authority in the exercise of powers under this section from the person in default. (7) Without affecting the right of the Authority to exercise the powers under subsection (6), if any person to whom an order under subsection (4) is given, without reasonable excuse, fails to comply with the requirements of that order, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (8) This section does not apply to or in relation to any road related facility within the meaning of the Street Works Act 1995. (9) In this section, “repair” includes repainting or re-marking a sign that is painted or marked on a wall or floor. [9/2020]


document_id: ama-2017
provision_ref: s28
chapter: PART 3 - USE OF PUBLIC PATHS
section: 28
title: Obstructing public paths, etc.
content:
28. —(1) Subject to subsection (2), a person must not cause or permit any vehicle, article or thing to remain on any public path that is not on State land so as to — ( a ) obstruct the use of the public path by pedestrians or individuals on vehicles lawfully authorised under this Act to use such a public path; or ( b ) create any inconvenience to the exercise of any right by any person under section 12 or 13. [38/2018] (2) Subsection (1) does not apply if the obstruction or inconvenience is authorised or permitted by or under this Act or any other Act, or arises out of a lawful and reasonable use of the public path. [38/2018] (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: ama-2017
provision_ref: s28A
chapter: PART 3A - REGISTRATION OF REGISTRABLE
section: 28A
title: Purpose of this Part
content:
28A. The purpose of this Part is to provide for the registration of personal mobility devices — ( a ) to enable the use of personal mobility devices on public paths to be regulated for reasons of safety and law enforcement; and ( b ) to provide a method of establishing the identity of each personal mobility device which is used on a public path and of the person who is responsible for it. [38/2018]


document_id: ama-2017
provision_ref: s28B
chapter: PART 3A - REGISTRATION OF REGISTRABLE
section: 28B
title: Mandatory registration of registrable personal mobility devices
content:
28B. —(1) Except as otherwise provided by or under this Act, an individual must not ride an unregistered registrable personal mobility device on any footpath or shared path, knowing that, or reckless as to whether, the registrable personal mobility device is unregistered. [38/2018] (2) Except as otherwise provided by or under this Act, a person must not cause or permit an individual to ride an unregistered registrable personal mobility device on any footpath or shared path, knowing that, or reckless as to whether, the registrable personal mobility device is unregistered. [38/2018] (3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [38/2018] (4) This section applies to the riding of a registrable personal mobility device only on or after a date specified by the Minister by order in the Gazette in relation to the type of that registrable personal mobility device. [38/2018]


document_id: ama-2017
provision_ref: s28C
chapter: PART 3A - REGISTRATION OF REGISTRABLE
section: 28C
title: Registration marks
content:
28C. —(1) Registration of registrable personal mobility devices, and transfer of such registration, may be applied for, and granted or refused by the Authority, only in accordance with the regulations. [38/2018] (2) On registering a registrable personal mobility device, the Authority must — ( a ) assign a registration code to the registrable personal mobility device so registered; and ( b ) issue to the registered responsible person for the registrable personal mobility device a registration mark indicating the registration code. [38/2018; 9/2020]


document_id: ama-2017
provision_ref: s28D
chapter: PART 3A - REGISTRATION OF REGISTRABLE
section: 28D
title: Cancellation of registration
content:
28D. The Authority may cancel the registration of a registrable personal mobility device if — ( a ) the Authority is satisfied that the personal mobility device — (i) has ceased to be used on any footpath or shared path in Singapore; (ii) has become wholly unfit for further use; (iii) has been forfeited pursuant to this Act or any written law; (iv) is unclaimed for the purposes of section 53 and is disposed of in accordance with that section; or (v) is a non-compliant personal mobility device; ( b ) the Authority becomes aware of a circumstance that would have required or permitted the Authority to refuse to register the personal mobility device, had it been aware of the circumstance immediately before registering the device; ( c ) the registered responsible person for the registrable personal mobility device applies for the registration of the device to be cancelled; ( d ) the registered responsible person for the registrable personal mobility device refuses or neglects to comply with any order given to the registered responsible person under section 47(1)( c ), whether or not that person is convicted of an offence; or ( e ) the Authority is satisfied that a condition of registration of the registrable personal mobility device has been contravened or is being contravened. [38/2018; 9/2020]


document_id: ama-2017
provision_ref: s28E
chapter: PART 3A - REGISTRATION OF REGISTRABLE
section: 28E
title: Registrable PMD register
content:
28E. —(1) Subject to this section, the Authority must establish and maintain a register of registrable personal mobility devices (called the registrable PMD register) in accordance with the regulations. [38/2018] (2) The registrable PMD register may be established and maintained in such form as the Authority thinks appropriate for the purposes of this Part. [38/2018] (3) The registrable PMD register must contain — ( a ) the prescribed information about each registrable personal mobility device registered under this Part, and its registered responsible person; and ( b ) such other prescribed information relating to the registrable personal mobility device. [38/2018] (4) Except as permitted under subsection (5) or when lawfully required to do so by any court, the Authority must not supply to, or allow the inspection by, any person any information contained in the registrable PMD register. [38/2018] (5) The Authority may, upon application made to it in writing by a person and on payment of the prescribed fee (if any), do any one or more of the following things as are required in the application: ( a ) inform the applicant (or the applicant’s authorised agent) whether a registrable personal mobility device is registered and whether the registration of the device is cancelled; ( b ) provide an applicant who belongs to a prescribed class of persons (or the applicant’s authorised agent) all or any of the following: (i) information about the identity of the registered responsible person for a registrable personal mobility device; (ii) an extract of any entry in the registrable PMD register relating to a registrable personal mobility device; ( c ) certify to an applicant who belongs to a prescribed class of persons (or the applicant’s authorised agent), as at the date of the certificate, in respect of the registrable personal mobility device to which the application relates all or any of the following: (i) the registration code of the personal mobility device and other particulars in the registrable PMD register relating to that device; (ii) the registered responsible person for the personal mobility device; (iii) whether the registration of the device is cancelled. [38/2018] (6) The Authority may correct any mistake, error or omission in the registrable PMD register subject to the requirements in the regulations. [38/2018]


document_id: ama-2017
provision_ref: s28F
chapter: PART 3A - REGISTRATION OF REGISTRABLE
section: 28F
title: Registrable PMD register as evidence
content:
28F. —(1) A certificate signed or purporting to be signed by an authorised officer and stating that — ( a ) a personal mobility device described or specified in the certificate was or was not registered at a specified time; or ( b ) any other particulars or information was recorded in the registrable PMD register at a specified time, is admissible in any legal proceedings and is prima facie evidence of the facts stated in the certificate. [38/2018] (2) However, the registrable PMD register does not provide evidence of title to any registrable personal mobility device. [38/2018]


document_id: ama-2017
provision_ref: s28G
chapter: PART 3A - REGISTRATION OF REGISTRABLE
section: 28G
title: General obligations of registered responsible persons
content:
28G. —(1) A registered responsible person for a registrable personal mobility device must — ( a ) ensure that any registration mark issued by the Authority under section 28C is installed or displayed on the device in accordance with the regulations; ( b ) make and affix (at the registered responsible person’s expense) on the registrable personal mobility device a label or other mark of a description prescribed (called for the purposes of this Act an identification mark), and ensure that that identification mark is displayed on the device, in accordance with the regulations; and ( c ) comply with any other directions given by the Authority to ensure compliance with any conditions imposed about the registration of the device. [38/2018] (2) A registered responsible person for a registrable personal mobility device who, without reasonable excuse, contravenes subsection (1) commits an offence. [38/2018] (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [38/2018]


document_id: ama-2017
provision_ref: s29
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 29
title: Interpretation of this Part
content:
29. In this Part, unless the context otherwise requires — “advertisement” means an advertisement that is — ( a ) any writing; ( b ) any still or moving picture, sign, symbol or other visual image; ( c ) any audible message; or ( d ) any combination of 2 or more of those things in paragraphs ( a ), ( b ) and ( c ); “buy” or “buying”, in relation to any thing, includes buying that thing as a principal or agent; “buyer” includes a person by whom or on whose behalf an offer is made to buy; “non-compliant mobility vehicle advertisement” means an advertisement that gives publicity to, or otherwise promotes or is intended to promote the purchase or use of a non‑compliant mobility vehicle or a range of non‑compliant mobility vehicles; “non-compliant PMD advertisement” means an advertisement that gives publicity to, or otherwise promotes or is intended to promote the purchase or use of a non‑compliant personal mobility device or a range of non‑compliant personal mobility devices. [38/2018]


document_id: ama-2017
provision_ref: s30
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 30
title: Ban on display of non‑compliant personal mobility devices, etc.
content:
30. —(1) Subject to this Act, a person who is, in the course of business, selling, or offering or exposing for sale, by retail, any personal mobility device, mobility scooter or motorised wheelchair on any premises or place, must not display or cause to be displayed any non‑compliant personal mobility device, non‑compliant mobility vehicle or uncertified vehicle on the premises or place — ( a ) when so selling, or offering or exposing for sale any personal mobility device, mobility scooter or motorised wheelchair; and ( b ) knowing that, or reckless as to whether, it is non‑compliant or uncertified, as the case may be. [38/2018; 9/2020] (2) Subject to this Act, a person who is, in the course of business, selling, or offering or exposing for sale, by retail, any personal mobility device, mobility scooter or motorised wheelchair on any premises, must ensure that no customer or member of the public can see any non‑compliant personal mobility device, non-compliant mobility vehicle or uncertified vehicle from inside or outside the premises. [38/2018; 9/2020] (3) This section does not apply to the display of non‑compliant personal mobility devices, non‑compliant mobility vehicles or uncertified vehicles on any premises or place — ( a ) to a customer of the business concerned at the customer’s request; ( b ) by a customer of the business concerned; or ( c ) in such other circumstances as may be prescribed. [38/2018; 9/2020] (4) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but (ii) where the individual is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or ( b ) in any other case — (i) to a fine not exceeding $20,000; but (ii) where the person is a repeat offender, to a fine not exceeding $40,000. [9/2020] (5) In relation to an offence under subsection (4), “repeat offender” extends to include a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of — (i) the same offence; or (ii) an offence under subsection (4) as in force immediately before 3 April 2020. [9/2020]


document_id: ama-2017
provision_ref: s31
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 31
title: Warning notices
content:
31. —(1) Subject to this Act, a person who is, in the course of business, selling, or offering or exposing for sale, by retail, any personal mobility device, mobility scooter or motorised wheelchair on any premises or place, must display or cause to be displayed within the premises or place a prescribed number of warning notices for personal mobility devices, mobility scooters or motorised wheelchairs to be sold, or offered or exposed for sale at those premises or that place (as the case may be). [38/2018] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but (ii) where the individual is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case — (i) to a fine not exceeding $10,000; but (ii) where the person is a repeat offender, to a fine not exceeding $20,000. [9/2020] (3) In this section — ( a ) a warning notice relating to a personal mobility device is a notice stating to the effect that — (i) the riding of personal mobility devices on any road is unlawful; (ii) the riding of motorised personal mobility devices on any footpath is unlawful; (iii) the riding of non-compliant personal mobility devices, non‑compliant power‑assisted bicycles and non‑compliant bicycles on any public path is ordinarily unlawful; and (iv) the riding of personal mobility devices, PABs or bicycles may be banned on certain footpaths or shared paths even if not non‑compliant; and ( b ) a warning notice relating to a mobility scooter or motorised wheelchair is a notice stating to the effect that — (i) the driving of mobility scooters or motorised wheelchairs on any road is unlawful; (ii) the driving of non‑compliant mobility vehicles on any public path is ordinarily unlawful; and (iii) the driving of mobility scooters or motorised wheelchairs may be banned on certain public paths even if not non‑compliant. [38/2018; 9/2020] (4) In relation to an offence under subsection (2), “repeat offender” extends to include a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of — (i) the same offence; or (ii) an offence under subsection (2) as in force immediately before 3 April 2020. [9/2020]


document_id: ama-2017
provision_ref: s32
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 32
title: Advertisements of non‑compliant personal mobility device or mobility vehicle
content:
32. —(1) Subject to this Act, a person who is, in the course of business, selling, or offering or exposing for sale, by retail, any personal mobility device, mobility scooter or motorised wheelchair on any premises or place, must not — ( a ) publish a non-compliant PMD advertisement, a non‑compliant mobility vehicle advertisement or an uncertified vehicle advertisement at the premises or place; or ( b ) authorise or cause a non-compliant PMD advertisement, a non‑compliant mobility vehicle advertisement or an uncertified vehicle advertisement to be so published. [38/2018; 9/2020] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but (ii) where the individual is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or ( b ) in any other case — (i) to a fine not exceeding $20,000; but (ii) where the person is a repeat offender, to a fine not exceeding $40,000. [9/2020] (3) For the purposes of this section, a person publishes a non‑compliant PMD advertisement, a non-compliant mobility vehicle advertisement or an uncertified vehicle advertisement if the person does any of the following things: ( a ) includes the advertisement in a document (including a leaflet, ticket or brochure) and makes the document available, or distributes the document, to the public or a section of the public at the premises or place mentioned in subsection (1); ( b ) includes the advertisement in a film or video and displays, screens or plays the advertisement so that it can be seen or heard in the premises or at the place mentioned in subsection (1). [38/2018; 9/2020] (4) In relation to an offence under subsection (2), “repeat offender” extends to include a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of — (i) the same offence; or (ii) an offence under subsection (2) as in force immediately before 3 April 2020. [9/2020]


document_id: ama-2017
provision_ref: s33
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 33
title: Selling personal mobility devices, etc., for use on roads
content:
33. —(1) Subject to this Act, a person shall be guilty of an offence if — ( a ) the person sells, at any premises or place and in the course of business, any personal mobility device, mobility scooter or motorised wheelchair; and ( b ) at the time the personal mobility device or the mobility scooter or motorised wheelchair (as the case may be) is sold or offered for sale, the person knows that, or is reckless as to whether or not, the buyer intends whichever as follows that is applicable: (i) to ride the personal mobility device on a public road; (ii) to drive the mobility scooter or motorised wheelchair on a public road. [38/2018] (2) A person who is guilty of an offence under this section shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but (ii) where the individual is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or ( b ) in any other case — (i) to a fine not exceeding $20,000; but (ii) where the person is a repeat offender, to a fine not exceeding $40,000. [9/2020] (3) In any proceedings for an offence under this section, it is not a defence for the accused to prove that warning notices were displayed in compliance with section 31 on the premises at which and when the sale took place. (4) In this section, “sell” includes causing or authorising a person to sell. (5) To avoid doubt, this section does not limit the term “abetment” under the Penal Code 1871.


document_id: ama-2017
provision_ref: s34
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 34
title: Selling non‑compliant vehicles for use on public paths
content:
34. —(1) Subject to this Act, a person shall be guilty of an offence if — ( a ) the person sells, at any premises or place and in the course of business, any personal mobility device, PAB or bicycle; ( b ) at the time the personal mobility device, PAB or bicycle is sold or offered for sale, the personal mobility device, PAB or bicycle is a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or uncertified vehicle (as the case may be); and ( c ) at the time the personal mobility device, PAB or bicycle is sold or offered for sale, the person knows that, or is reckless as to whether or not, the buyer intends to ride the personal mobility device, non‑compliant PAB, non‑compliant bicycle or uncertified vehicle on a public path. [38/2018; 9/2020] (2) Subject to this Act, a person shall be guilty of an offence if — ( a ) the person sells, at any premises or place and in the course of business, any mobility scooter or motorised wheelchair; ( b ) at the time the mobility scooter or motorised wheelchair is sold or offered for sale, the mobility scooter or motorised wheelchair (as the case may be) is a non-compliant mobility vehicle or an uncertified vehicle; and ( c ) at the time the mobility scooter or motorised wheelchair is sold or offered for sale, the person knows that, or is reckless as to whether or not, the buyer intends to drive the mobility scooter or motorised wheelchair (as the case may be) on a public path. [38/2018; 9/2020] (3) In any proceedings for an offence under this section, it is not a defence for the accused to prove that warning notices were displayed in compliance with section 31 on the premises or place at which and when the sale took place. (4) However, it is a defence to any prosecution for an offence under this section, if the accused proves, on a balance of probabilities, that — ( a ) a contract or arrangement has been entered into, or an understanding has been arrived at, for the non‑compliant personal mobility device, non‑compliant mobility vehicle, non‑compliant PAB or non‑compliant bicycle (as the case may be) to be exported (whether or not the accused is a party to that contract, arrangement or understanding); ( b ) the accused sells the non‑compliant personal mobility device, non‑compliant mobility vehicle, non‑compliant PAB or non‑compliant bicycle in the course of, or for the purpose of, that personal mobility device, mobility scooter, motorised wheelchair, PAB or bicycle (as the case may be) being exported; and ( c ) the accused does not offer that non‑compliant personal mobility device, non‑compliant mobility vehicle, non‑compliant PAB or non‑compliant bicycle (as the case may be) for sale in Singapore and the sale is not a retail sale. [38/2018] (5) It is also a defence to any prosecution for an offence under this section, if the accused proves, on a balance of probabilities, that — ( a ) the accused had received from the person to whom the non‑compliant personal mobility device, non‑compliant mobility vehicle, non-compliant PAB or non‑compliant bicycle was sold, evidence purporting to show that the person does not intend to ride the personal mobility device, PAB or bicycle or drive the mobility scooter or motorised wheelchair (as the case may be) on any public path; and ( b ) it was reasonable to, and the accused did accept, that evidence as correct. [38/2018] (6) Subsections (4) and (5) apply in relation to an uncertified vehicle as they apply to a non‑compliant personal mobility device; and any reference in those subsections to a non-compliant personal mobility device includes a reference to an uncertified vehicle. [9/2020] (7) Despite subsection (1), a person may in the prescribed circumstances sell, at any premises or place and in the course of business, an excepted non‑compliant vehicle or excepted uncertified vehicle knowing that, or reckless as to whether or not, the buyer intends to ride the excepted non‑compliant vehicle or excepted uncertified vehicle on a public path, provided that the prescribed conditions in relation to that vehicle are complied with. [9/2020] (8) A person who, without reasonable excuse, fails to comply with the conditions prescribed for the purposes of subsection (7) and in relation to the excepted non‑compliant vehicle or excepted uncertified vehicle concerned shall be guilty of an offence. [9/2020] (9) A person who is guilty of an offence under this section shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but (ii) where the individual is a repeat offender, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or ( b ) in any other case — (i) to a fine not exceeding $40,000; but (ii) where the person is a repeat offender, to a fine not exceeding $80,000. [9/2020] (10) In this section — ( a ) a reference to an excepted non‑compliant vehicle is a reference to a non‑compliant bicycle, a non‑compliant PAB, a non‑compliant personal mobility device or a non‑compliant mobility vehicle of a prescribed model or description; ( b ) reference to an excepted uncertified vehicle is a reference to an uncertified vehicle of a prescribed model or description; and ( c ) “sell” includes causing or authorising a person to sell. [38/2018; 9/2020] (11) To avoid doubt, this section does not limit the term “abetment” under the Penal Code 1871. (12) In relation to an offence under subsection (1), (2) or (8), “repeat offender” extends to include a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of — (i) the same offence; or (ii) an offence under subsection (1), (1A) or (6) of this Act as in force immediately before 3 April 2020. [9/2020]


document_id: ama-2017
provision_ref: s35
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 35
title: Altering personal mobility device, etc., to be non‑compliant
content:
35. —(1) A person shall be guilty of an offence if — ( a ) the person, at any premises or place, alters (whether in the course of repair or otherwise) a personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair belonging to the person or to another person so as to render it a non‑compliant personal mobility device, non‑compliant PAB, non-compliant bicycle or non‑compliant mobility vehicle; and ( b ) at the time the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) is altered, the person knows that, or is reckless as to whether or not, the altered personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair is likely to be ridden or driven (as the case may be) on a public path. [38/2018; 9/2020] (2) A person who is guilty of an offence under this section shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but (ii) where the individual is a repeat offender, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or ( b ) in any other case — (i) to a fine not exceeding $40,000; but (ii) where the person is a repeat offender, to a fine not exceeding $80,000. [9/2020] (3) In any proceedings for an offence under this section, it is not a defence for the accused to prove that warning notices were displayed in compliance with section 31 on the premises or place at which and when the alteration took place. (4) However, in any proceedings for an offence under this section, it is a defence for the accused to prove, on a balance of probabilities, that — ( a ) a contract or arrangement has been entered into, or an understanding has been arrived at, for the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair to be exported (whether or not the accused is a party to that contract, arrangement or understanding); ( b ) the accused alters the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair in the course of, or for the purpose of, the altered personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) being exported; and ( c ) the accused does not offer that non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or non‑compliant mobility vehicle (as the case may be) for sale in Singapore and the sale is not a retail sale to another. [38/2018] (5) In this section, “alter” includes causing or authorising a person to alter. (6) In relation to an offence under subsection (2), “repeat offender” extends to include a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of — (i) the same offence; or (ii) an offence under subsection (2) as in force immediately before 3 April 2020. [9/2020] (7) To avoid doubt, this section does not limit the term “abetment” under the Penal Code 1871. Division 2 &#x2014; Mandatory testing


document_id: ama-2017
provision_ref: s35A
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 35A
title: Order by Minister requiring inspection
content:
35A. —(1) The Minister may, by order in the Gazette , provide that with effect from a date specified in the order, an inspection is or periodic inspections are required for or in respect of every bicycle, personal mobility device, motorised wheelchair or mobility scooter in a class or description of bicycle, personal mobility device, motorised wheelchair or mobility scooter specified in the order, so as to maintain compliance with the prescribed requirements relating to the construction and condition of and registration marks applicable to the bicycle, personal mobility device, motorised wheelchair or mobility scooter, as the case may be. [9/2020] (2) An order under subsection (1) must specify — ( a ) the class or description of bicycle, personal mobility device, motorised wheelchair or mobility scooter in respect of an inspection is required under this Division; and ( b ) whether that inspection is periodic and if so, the intervals that the inspection must be carried out. [9/2020]


document_id: ama-2017
provision_ref: s35B
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 35B
title: Inspections by designated examiner
content:
35B. —(1) An inspection for the purposes of an order under section 35A(1) must be carried out by the Authority or a person authorised by the Authority (called in this Act a designated examiner). [9/2020] (2) A designated examiner must — ( a ) conduct an examination or assessment of a vehicle that is the subject of an order under section 35A(1) in the prescribed manner; ( b ) on completion of the examination or assessment, prepare and sign a report of the result of the examination or assessment; and ( c ) give a copy of the report to the Authority without delay. [9/2020] (3) A designated examiner commits an offence if he or she intentionally prepares or signs a report of the result of an examination or assessment — ( a ) relating to a bicycle, personal mobility device, motorised wheelchair or mobility scooter that the designated examiner did not examine or assess; or ( b ) that is calculated to deceive. [9/2020] (4) A designated examiner who is guilty of an offence under subsection (3) shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the designated examiner is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020]


document_id: ama-2017
provision_ref: s35C
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 35C
title: Certification of inspection
content:
35C. —(1) The Authority may issue to the owner of a bicycle, personal mobility device, motorised wheelchair or mobility scooter to which a report under section 35B(2)( b ) relates, a certificate indicating that the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) has been inspected under this Division where — ( a ) the Authority receives from a designated examiner a report mentioned in section 35B(2)( b ) in relation to that bicycle, personal mobility device, motorised wheelchair or mobility scooter; ( b ) the report states that the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) is in compliance or continues to be in compliance with the prescribed requirements relating to its construction and condition and registration marks; and ( c ) the Authority is satisfied that the designated examiner had carried out the examination and assessment of the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) in accordance with the regulations. [9/2020] (2) A certificate issued under subsection (1) with respect to a bicycle, personal mobility device, motorised wheelchair or mobility scooter is in force in respect of that bicycle, personal mobility device, motorised wheelchair or mobility scooter until the happening of the earlier of the following: ( a ) the certificate is cancelled under subsection (3); ( b ) the date of expiry specified in the certificate, if any. [9/2020] (3) The Authority may cancel any certificate issued under subsection (1) with respect to a bicycle, personal mobility device, motorised wheelchair or mobility scooter if the Authority — ( a ) is satisfied that — (i) the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) has become wholly unfit for further use; (ii) the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) has been forfeited pursuant to this Act or any written law; (iii) the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) is unclaimed for the purposes of section 53 and is disposed of in accordance with that section; (iv) the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) is or has become a non‑compliant personal mobility device, a non‑compliant bicycle or a non-compliant mobility vehicle; or (v) the person given an order under section 47(1)( c ), in relation to the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) refuses or neglects to comply with the order given to the person, whether or not the person is convicted of an offence; or ( b ) becomes aware of a circumstance that would have required or permitted the Authority to refuse to issue a certificate under subsection (1) with respect to the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) had the Authority been aware of the circumstance immediately before issuing the certificate. [9/2020] Division 3 &#x2014; Presumptions and evidence [9/2020]


document_id: ama-2017
provision_ref: s36
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 36
title: Presumptions for this Part
content:
36. —(1) It is presumed, until the contrary is proved, that a person alters (whether in the course of repair or otherwise) any personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair so as to render it a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or a non‑compliant mobility vehicle (as the case may be) if it is proved — ( a ) that the accused had possession of the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair; ( b ) that the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) was not a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or non‑compliant mobility vehicle, when the accused acquired possession of it; and ( c ) that at the time or soon after the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) ceased to be in the accused’s possession, the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair is non-compliant. [38/2018] (2) If in any proceedings for an offence under this Part it is proved that a person sold, or offered or displayed for sale, more than 4 personal mobility devices, power‑assisted bicycles or bicycles, or mobility scooters or motorised wheelchairs within a 12‑month period to any other person or persons, it is presumed in the absence of evidence to the contrary that the person was selling personal mobility devices, power‑assisted bicycles or bicycles, or mobility scooters or motorised wheelchairs (as the case may be) in the course of business during that period. [38/2018] (3) However, nothing in subsection (2) precludes a person who sells, or offers or displays for sale, 4 or fewer personal mobility devices, power‑assisted bicycles or bicycles, or mobility scooters or motorised wheelchairs within a 12‑month period to any other person or persons from being found to be selling such devices or bicycles, or such mobility scooters or motorised wheelchairs (as the case may be) in the course of business. [38/2018]


document_id: ama-2017
provision_ref: s36A
chapter: PART 4 - DEALING IN PERSONAL MOBILITY DEVICES, ETC.
section: 36A
title: Presumption concerning vehicle owner for section 35 offence
content:
36A. Without limiting section 36, in proceedings for an offence under section 35, it is presumed, until the contrary is proved, that the person who is the owner of the vehicle in respect of which the offence is committed had altered or caused to be altered (whether in the course of repair or otherwise) the vehicle so as to render it a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or non‑compliant mobility vehicle (as the case may be) if it is proved that — ( a ) a certificate was issued under section 35C in respect of the vehicle; and ( b ) the person was the owner of the vehicle when the certificate under section 35C was issued. [9/2020]


document_id: ama-2017
provision_ref: s38
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 38
title: Authorised officers
content:
38. —(1) The Authority may, in relation to any provision of this Act, appoint as authorised officers for the purposes of that provision from among its employees and individuals performing duties in the Authority who are suitably trained to be authorised officers. (2) The Authority may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment as an authorised officer. (3) The Authority may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act (except the power of delegation conferred by this subsection) to an authorised officer, subject to such conditions or limitations as set out in this Act or as the Authority may specify; and any reference in the provision of this Act to the Authority includes a reference to such an authorised officer. (4) Any delegation under subsection (3) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Authority may specify.


document_id: ama-2017
provision_ref: s39
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 39
title: Public path wardens
content:
39. —(1) The Authority may, in relation to any provision of this Act, appoint — ( a ) any auxiliary police officer appointed under the Police Force Act 2004; or ( b ) any employee of a public authority (but not a Town Council), with the suitable training to properly exercise the powers of a public path warden to be a public path warden for the purposes of that provision. (2) The Authority may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment as a public path warden. (3) An individual mentioned in subsection (1) who is appointed as a public path warden does not, by virtue only of the appointment, become an employee or agent of the Authority.


document_id: ama-2017
provision_ref: s40
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 40
title: Volunteer public path wardens
content:
40. —(1) The Authority may, by notice, appoint an individual of at least 18 years of age — ( a ) who is not an individual mentioned in section 38 or 39; and ( b ) who has the suitable training to properly exercise the powers of a public path warden, to be a volunteer public path warden for the purposes of that provision. (2) The Authority may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment as a volunteer public path warden. (3) An individual who is appointed as a volunteer public path warden under subsection (1) does not, by virtue only of the appointment, become an employee or agent of the Authority.


document_id: ama-2017
provision_ref: s41
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 41
title: Powers of public path wardens and volunteer public path wardens, etc.
content:
41. —(1) The Authority must issue to every public path warden and volunteer public path warden a written authorisation specifying such power as is specified in subsection (2) or (3) that the public path warden and volunteer public path warden, respectively, may exercise. [38/2018] (2) The powers that a public path warden may be authorised under this section to exercise are all or any of the following: ( a ) to ask an individual suspected of committing an offence under Part 3 or 3A to state the individual’s name and residential address; ( b ) to advise the individual to stop engaging in conduct that is an offence under Part 3 or 3A; ( c ) to photograph or film, or otherwise record the place where, or in respect of which, an offence under Part 3 or 3A was committed or is reasonably suspected to have been committed, and any individual or vehicle in that place; ( d ) to take statements — (i) from an individual mentioned in paragraph ( a ) or ( c ); and (ii) from any complainant against the individual mentioned in paragraph ( a ), and to require such an individual to make and sign a declaration of the truth of the statement made by the individual; ( e ) to exercise powers expressly conferred on a public path warden under this Act. [38/2018] (3) The powers that a volunteer public path warden may be authorised under this section to exercise are all or any of the following: ( a ) to ask an individual suspected of committing an offence under Part 3 to state the individual’s name and residential address; ( b ) to advise the individual to stop engaging in conduct that is an offence under Part 3; ( c ) to photograph or film, or otherwise record the place where, or in respect of which, an offence under Part 3 was committed or is reasonably suspected to have been committed, and any individual or vehicle in that place; ( d ) to exercise powers expressly conferred on a volunteer public path warden under this Act. (4) Subject to section 11A of the Land Transport Authority of Singapore Act 1995, the powers that an outsourced enforcement officer may exercise under this Act are all or any of the following: ( a ) to ask an individual suspected of committing an offence under Part 3 or 3A to state the individual’s name and residential address; ( b ) to advise the individual to stop engaging in conduct that is an offence under Part 3 or 3A; ( c ) to photograph or film, or otherwise record the place where, or in respect of which, an offence under Part 3 or 3A was committed or is reasonably suspected to have been committed, and any individual or vehicle in that place; ( d ) to exercise powers expressly conferred on an outsourced enforcement officer under this Act. [38/2018] (5) However, to avoid doubt, the Authority cannot authorise under subsection (1) a volunteer public path warden to arrest any individual. (6) The written authorisation under subsection (1) for a public path warden or volunteer public path warden may also do all or any of the following: ( a ) limit the powers in subsection (2) or (3) that the public path warden or the volunteer public path warden (as the case may be) may exercise; ( b ) limit where in Singapore the public path warden or volunteer public path warden may exercise his or her powers in subsection (2) or (3) (as the case may be) or any of them; ( c ) limit when the public path warden or volunteer public path warden may exercise his or her powers in subsection (2) or (3) (as the case may be) or any of them; ( d ) limit the circumstances in which the public path warden or volunteer public path warden may exercise his or her powers in subsection (2) or (3) (as the case may be) or any of them. (7) The powers that a public path warden or a volunteer public path warden may be authorised under this Act to exercise may be exercised only to the extent authorised by the Authority under this section.


document_id: ama-2017
provision_ref: s42
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 42
title: Identification cards and equipment
content:
42. —(1) The Authority must issue to each authorised officer, public path warden and volunteer public path warden an identification card. (2) Every authorised officer, public path warden and volunteer public path warden whose appointment as such ceases must return to the Authority any identification card issued to him or her under subsection (1). (3) An authorised officer, a public path warden and a volunteer public path warden must produce his or her identification card for inspection — ( a ) before exercising a power under this Act; and ( b ) at any time during the exercise of a power under this Act, if asked to do so. (4) Every authorised officer, public path warden and volunteer public path warden is to be issued with such equipment, or such description of equipment, as the Authority may determine to be necessary for the effectual discharge of the duties of an authorised officer or a public path warden or volunteer public path warden, as the case may be.


document_id: ama-2017
provision_ref: s43
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 43
title: Public servants
content:
43. A public path warden and a volunteer public path warden who, in the course of his or her duty as a public path warden or volunteer public path warden (as the case may be) exercises any power in section 41(2) and (3), respectively, in accordance with the written authorisation of the Authority under section 41(1) is taken to be a public servant for the purposes of the Penal Code 1871 when exercising such power. Division 2 &#x2014; Enforcement powers


document_id: ama-2017
provision_ref: s44
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 44
title: Powers to inspect premises, etc., for Part 3A or 4 matters
content:
44. —(1) An authorised officer may exercise all or any of the powers in this section for the purpose of — ( a ) ascertaining whether the provisions of Part 3A or 4 are being complied with or have been contravened; or ( b ) investigating any offence under Part 3A or 4. [38/2018] (2) An authorised officer may, at any reasonable time, do any of the following, without involving any search of any property or individual: ( a ) enter and inspect any premises that the officer believes on reasonable grounds are used for the carrying on of a business or a trade (even if also used as a residence) of selling, or offering or exposing for sale, by retail any bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair, or used for altering any bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair, and any vehicle at those premises; ( b ) photograph or film, or make a record or sketches of, any part of the premises, or any vehicle or parts of a vehicle or accessories or other thing at the premises; ( c ) require any person on those premises to produce or grant access to, without charge, any document or material reasonably required for any purpose in subsection (1), which is in the possession or under the control of that person; ( d ) inspect and make copies of or take extracts from any such document or material; ( e ) take possession of such a document or material if, in the opinion of the authorised officer — (i) the inspection or copying of or extraction from the document or material cannot reasonably be performed without taking possession; (ii) the document or material may be interfered with or destroyed unless possession is taken; or (iii) the document or material may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, Part 3A or 4. [38/2018; 9/2020] (3) The power to require a person to furnish any document or material under subsection (2)( c ) includes the power — ( a ) to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or material; ( b ) if the document or material is not furnished, to require the person to state, to the best of the person’s knowledge and belief, where it is; and ( c ) if the document or material is recorded otherwise than in legible form, to require the document or material to be made available to the authorised officer in legible form. (4) For the purposes of subsection (2), if any document or material required by an authorised officer is kept in electronic form — ( a ) the power of the authorised officer to inspect the document or material includes the power to — (i) access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and (ii) require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and ( b ) the power of the authorised officer to seize such document or material includes the power — (i) to make copies of the document or material in legible or electronic form; and (ii) to transfer the information from the document or material to a disk, tape or other storage device. (5) If an authorised officer is unable to make copies of the document or material, or transfer the information from the document or material, under subsection (4)( b ), the authorised officer may — ( a ) seize the computer or other equipment (including a mobile telephone) in which the document or material is stored, as evidence in proceedings for an offence under Part 3A or 4; and ( b ) require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or material held in the computer or equipment. [38/2018] (6) To avoid doubt, in this section, a reference to an offence under Part 3A or 4 includes a reference to an offence under any regulations made for the purposes of Part 3A or 4. [38/2018]


document_id: ama-2017
provision_ref: s45
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 45
title: Power to move vehicles
content:
45. —(1) Where any stationary vehicle — ( a ) is parked or left on a public path contrary to this Act; or ( b ) is, in the opinion of an authorised officer, an outsourced enforcement officer or a public path warden (as the case may be) a danger to other users of a public path or is causing or likely to cause an obstruction or inconvenience on a public path, the authorised officer, outsourced enforcement officer or public path warden may move, or cause to be moved, the vehicle to a holding yard, or to another place to avoid further danger, obstruction or inconvenience or a danger, obstruction or inconvenience arising, as the case may be. [38/2018] (2) If a vehicle is left on a public path and it appears to an authorised officer, an outsourced enforcement officer or a public path warden that the vehicle has been left for 2 or more consecutive days, the authorised officer, outsourced enforcement officer or a public path warden may move, or cause to be moved, the vehicle to a holding yard. [38/2018] (3) When a vehicle is moved to a holding yard under this section by an authorised officer, an outsourced enforcement officer or a public path warden, the authorised officer, outsourced enforcement officer or public path warden must as soon as practicable give notice of the move to the owner of the vehicle, if known. [38/2018] (4) For the purpose of exercising a power under subsection (1) or (2), an authorised officer, an outsourced enforcement officer or public path warden may, with such assistance as he or she considers necessary — ( a ) move the vehicle by any reasonable means (including by driving, riding or towing it); and ( b ) use reasonable force (including cutting or breaking open any lock, seal, fastener or other device on or connected to the vehicle). [38/2018]


document_id: ama-2017
provision_ref: s46
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 46
title: Power to remove obstructing article, etc., on public path
content:
46. —(1) If any article or thing (other than a vehicle) is obstructing the use of, or is causing inconvenience to the exercise of any right by any person under section 12 or 13 on, a public path in contravention of section 28(1), an authorised officer, an outsourced enforcement officer or a public path warden may move that article or thing, or cause it to be so removed, so that it is no longer an obstruction or inconvenience. [38/2018] (2) An authorised officer, an outsourced enforcement officer or a public path warden must not exercise a power under subsection (1) unless he or she has — ( a ) taken reasonable steps to inform the owner of the article or thing (if known) of his or her intention to exercise that power; and ( b ) allowed or directed the owner of the article or thing to move it. [38/2018] (3) For the purpose of exercising a power under subsection (1), an authorised officer, an outsourced enforcement officer or a public path warden may, with such assistance as he or she considers necessary — ( a ) move the article or thing by any reasonable means (including by towing it) to a holding yard; and ( b ) use reasonable force (including cutting or breaking open any lock, seal, fastener or other device on or connected to the article or thing). [38/2018] (4) A person must remove any article or thing where requested to do so by an authorised officer, an outsourced enforcement officer or a public path warden under subsection (2)( b ). [38/2018] (5) A person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (6) When an article or thing is moved to a holding yard under this section by an authorised officer, an outsourced enforcement officer or a public path warden, the authorised officer, outsourced enforcement officer or public path warden must as soon as practicable give notice of the move to the owner of the article or thing, if known. [38/2018]


document_id: ama-2017
provision_ref: s47
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 47
title: Powers to examine and weigh vehicle or produce competency test certificate
content:
47. —(1) An authorised officer, an outsourced enforcement officer or a public path warden may, for the purpose of ensuring that any vehicle that is being or may be used, or that any person driving or riding a vehicle, on a public path complies with this Act, at any time — ( a ) examine the vehicle; ( b ) order the driver or rider of the vehicle to produce his or her competency test certificate for examination or other identity documents so as to enable the authorised officer, public path warden or outsourced enforcement officer (as the case may be) to ascertain the identity of the driver or rider and the authority by which any competency test certificate was granted; or ( c ) order the owner or rider of the vehicle to deliver the vehicle (in the state on the date of the order) for an inspection by such person and at such time and place as the authorised officer, outsourced enforcement officer or public path warden may specify. [38/2018; 9/2020] (2) However, only an authorised officer may pursuant to an order under section 35A(1) give an order under subsection (1)( c ) requiring a vehicle to be delivered for an inspection by a designated examiner. [9/2020] (3) Subject to this Act, an authorised officer, an outsourced enforcement officer or a public path warden may require an owner or a rider of any vehicle — ( a ) to allow the vehicle to be weighed laden or unladen; or ( b ) to immediately proceed to a weighbridge or other machine for weighing vehicles. [38/2018] (4) Subject to this Act, an authorised officer, an outsourced enforcement officer or a public path warden may, require an owner or a rider of any vehicle to unload the vehicle for the purpose of being weighed unladen. [38/2018] (5) Where a vehicle is weighed under this section, a certificate of weight must be given by the person who carried out the weighing of the vehicle to the owner or rider who delivered the vehicle for weighing. (6) An individual driving or riding a vehicle who, in purported compliance with any order given to him or her under subsection (1)( b ) by an authorised officer or outsourced enforcement officer or a public path warden — ( a ) produces to an authorised officer, an outsourced enforcement officer or a public path warden — (i) a competency test certificate that is altered in a way that is calculated to deceive (whether or not it was already a false document before the alteration or it was altered by the individual), knowing that it is so altered; (ii) an article resembling a competency test certificate and calculated to deceive, knowing that the document is not a competency test certificate; or (iii) a competency test certificate that was not granted to the individual, knowing that it was not so granted to that individual; and ( b ) with the intention of dishonestly inducing the authorised officer, outsourced enforcement officer or public path warden to accept it as genuine, commits 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. [9/2020] (7) A driver or rider of a vehicle to whom an order under subsection (1)( b ) is given who refuses or neglects to comply with the order commits an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020] (8) However, subsection (7) does not apply if within 48 hours after an order is given to a driver or rider of a vehicle under subsection (1)( b ), the driver or rider produces the competency test certificate in person at any of the offices of the Authority that is specified by the authorised officer, outsourced enforcement officer or public path warden at the time the order was given. [9/2020] (9) An individual to whom a digital competency test certificate is granted who holds, or produces or carries a mobile communication device or other electronic device on which the digital competency test certificate is displayed for the purpose of complying with an order under subsection (1)( b ) to produce a competency test certificate is taken to have produced a competency test certificate for that purpose. [9/2020] (10) However, a digital competency test certificate is not displayed for the purpose of complying with an order under subsection (1)( b ) to produce or carry a competency test certificate if — ( a ) the screen of the mobile communication device or other electronic device on which it is purportedly displayed is unable to be read by the person to whom it is displayed due to cracking, dimming, dirt or any other fault, damage or obstruction; ( b ) the individual fails or refuses to comply with a reasonable request by the person to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the digital competency test certificate; or ( c ) the holder of the digital competency test certificate refuses to comply with a reasonable direction to refresh the display of the digital competency test certificate. [9/2020] (11) To avoid doubt, an individual who displays or purports to display a digital competency test certificate is not required to give or hand over, to the person who is requiring the competency test certificate to be produced or handed over, the mobile communication device or other electronic device on which the digital competency test certificate is displayed or purported to be displayed. [9/2020] (12) If an owner or a rider of a vehicle refuses or neglects to comply with any order given to him or her under subsection (1)( c ), or any requirement given to him or her under subsection (3) or (4), the owner or rider shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the owner or rider is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ama-2017
provision_ref: s48
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 48
title: Powers to demand information about driver
content:
48. —(1) An authorised officer or outsourced enforcement officer, or a police officer or public path warden who is acting in the execution of duty may require any person whom the authorised officer, outsourced enforcement officer, police officer or public path warden believes on reasonable grounds to have had possession or control of a vehicle on a particular occasion to give any information which may lead to the identification of an individual — ( a ) who was the driver or rider of the vehicle on any occasion that the driver or rider is alleged or is suspected to be guilty of an offence under this Act; or ( b ) who had possession or control of the vehicle on any occasion that the driver or rider is alleged or is suspected to be guilty of an offence under this Act. [38/2018] (2) The person, when required by an authorised officer or outsourced enforcement officer, or a police officer or public path warden to do so under subsection (1), must give to the authorised officer, outsourced enforcement officer, police officer or public path warden (as the case may be), within 14 days after being so required, the information required under that subsection. [38/2018] (3) A requirement under subsection (1) may be made orally or in writing, and require any information to be furnished under that subsection to be in writing signed by the person required to furnish the information. (4) A person who fails to give in accordance with subsection (2) the information required of the person under subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [38/2018] (5) However, it is a defence in any proceedings for an offence under subsection (4) where the accused proves, on a balance of probabilities, that the accused did not know, and could not with reasonable diligence have ascertained, the information required under subsection (1). (6) In any proceedings for an offence under subsection (4), an accused which is a company, a partnership or an unincorporated body is not to be treated as having proved that the accused did not know and could not with reasonable diligence have ascertained the information required unless the accused also proves, on a balance of probabilities, that — ( a ) it had kept a proper and accurate record containing prescribed particulars of each occasion on which it permits any individual to ride or drive a vehicle — (i) whether or not the individual is a director, member, partner, officer, employee or agent of the accused or otherwise; and (ii) whether or not the individual is permitted to ride or drive the vehicle in the course of the individual’s employment with the accused or otherwise; but ( b ) the record shows no individual having been permitted by the accused to ride or drive the vehicle at or about the time of the alleged offence. [38/2018]


document_id: ama-2017
provision_ref: s49
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 49
title: Powers of arrest
content:
49. —(1) An authorised officer or a public path warden in uniform may stop and arrest any individual — ( a ) who commits an offence under this Act in the presence or within the view of the authorised officer or public path warden; and ( b ) who, on the demand of the authorised officer or public path warden (as the case may be) refuses to give his or her name and residential address. (2) Such an individual must not be arrested under subsection (1) if he or she — ( a ) on the demand of the authorised officer or public path warden, produces any of his or her documents of identity so as to enable the authorised officer or public path warden to ascertain the individual’s name and residential address; or ( b ) gives the authorised officer or public path warden his or her name and residential address. (3) If the authorised officer or public path warden has reason to suspect that a name or address so ascertained or given is false, the authorised officer or public path warden (as the case may be) may, despite subsection (2), exercise the power of arrest under subsection (1). (4) Any individual arrested under this section must be brought to a police station as soon as reasonably practicable and must be taken before a Magistrate’s Court if the individual’s name and residential address are not ascertained at the end of 24 hours after the arrest. (5) An individual taken before a Magistrate’s Court under subsection (4) must be immediately released on his or her executing a bond (with or without sureties) for his or her appearance before a Magistrate’s Court, if so required. (6) An authorised officer or public path warden in uniform may — ( a ) detain any bicycle, power‑assisted bicycle, personal mobility device or other vehicle in respect of which an offence under this Act has been committed in his or her presence or within his or her view; or ( b ) stop any bicycle, power‑assisted bicycle, personal mobility device or other vehicle the driver or rider of which has committed or is suspected of having committed an offence under this Act. (7) Any individual mentioned in subsection (6)( b ) must stop the bicycle, power‑assisted bicycle, personal mobility device or other vehicle he or she is driving or riding on being required by an authorised officer or public path warden in uniform under subsection (6), and if he or she fails to do so, he or she shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but ( b ) where he or she is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ama-2017
provision_ref: s50
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 50
title: Power to seize vehicles or competency test certificates
content:
50. —(1) Where an authorised officer, an outsourced enforcement officer or a public path warden has reason to believe that a vehicle is a vehicle in connection with which an offence under Part 3, 3A or 4 has been or is being committed, the authorised officer, outsourced enforcement officer or public path warden may — ( a ) seize the vehicle and take it to a holding yard; or ( b ) require the owner, driver, rider or person in charge of the vehicle to take the vehicle to and surrender it at a specified holding yard. [38/2018; 9/2020] (2) The power conferred on an authorised officer, an outsourced enforcement officer or a public path warden under subsection (1)( a ) may be exercised whether or not the owner, driver, rider or person in charge of the vehicle is present at the time of its seizure. [38/2018] (3) When a vehicle is seized under this section by an authorised officer, an outsourced enforcement officer or a public path warden, the authorised officer, outsourced enforcement officer or public path warden concerned must as soon as practicable give notice of the seizure and the grounds of doing so to the owner of the vehicle, if known, except that the notice is not required to be given where the seizure is made in the presence of the owner or the owner’s agent. [38/2018] (4) Any person who, without reasonable excuse, refuses or neglects to comply with any requirement under subsection (1)( b ) 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. (5) An authorised officer, an outsourced enforcement officer or a public path warden may, with no other authority than this section, seize a competency test certificate or an article resembling a competency test certificate if — ( a ) the competency test certificate or article is produced to the authorised officer, outsourced enforcement officer or public path warden pursuant to an order under section 47(1)( b ) or otherwise, by an individual who represents it as a competency test certificate granted to that individual; and ( b ) the authorised officer, outsourced enforcement officer or public path warden has reason to believe that — (i) the competency test certificate is unlawfully in the possession of that individual who produced it; or (ii) the competency test certificate or article is evidence of the commission of an offence under section 23H or 47(6). [9/2020] (6) Every competency test certificate seized under subsection (5) must be forwarded to the Authority, and the Authority may — ( a ) return the competency test certificate to the individual who produced it, if the Authority is satisfied that the competency test certificate was lawfully in the possession of the individual who produced it; or ( b ) in any other case, deal with it in such manner as the Authority thinks fit. [9/2020] (7) However, the authority conferred by subsection (5) to seize a competency test certificate or any article resembling a competency test certificate does not extend to a mobile communication device or other electronic device on which a digital competency test certificate is displayed. [9/2020]


document_id: ama-2017
provision_ref: s51
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 51
title: Forfeiture of seized vehicles
content:
51. —(1) Subject to this section, all vehicles liable to seizure under the provisions of this Act are liable to forfeiture by a court. (2) An order for the forfeiture of a vehicle seized or surrendered under section 50 may be made by the Authority if it is satisfied that — ( a ) the vehicle is a non‑compliant personal mobility device, non‑compliant bicycle, non‑compliant PAB or non‑compliant mobility vehicle; ( b ) an offence under this Act has been committed and that the vehicle was the subject matter, or was used in the commission, of the offence; ( c ) at the end of 30 days after the date of the seizure or surrender, no claim to the vehicle is earlier made in the prescribed manner to the Authority by a person who is not the person from whom the vehicle was seized or required to surrender the vehicle (or the latter person’s agent); and ( d ) a person is convicted of the offence, or a person reasonably suspected of having committed the offence has that offence compounded under section 55. [26/2020] (3) Despite subsection (2), the Authority may at once order the forfeiture of a vehicle seized or surrendered under section 50 — ( a ) that is a non‑compliant personal mobility device, non‑compliant bicycle, non‑compliant PAB or non‑compliant mobility vehicle; and ( b ) that the Authority considers is of such a nature or in such condition that it would be dangerous for the Authority to retain custody, or its detention in a holding yard materially increases the likelihood of an outbreak of fire at the holding yard. [26/2020] (4) Upon receipt of a claim mentioned in subsection (2)( c ), the Authority may direct that the vehicle be released or may refer the matter by information to a Magistrate. [26/2020] (5) The Magistrate must, on receipt of an information under subsection (4), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and must, on proof that the vehicle was used in the commission of an offence under this Act, order the vehicle to be forfeited, or may in the absence of such proof order its release. (6) In any proceedings under subsection (5), the burden of proof lies on the person asserting that the person is the owner of the vehicle concerned, and on the person from whom the vehicle was seized, as the case may be. (7) In any proceedings in any court in respect of the forfeiture of any vehicle seized in exercise or the purported exercise of any power conferred under section 50, no person is entitled to the costs of such proceedings or to any damages or other relief except an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.


document_id: ama-2017
provision_ref: s52
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 52
title: Holding yards
content:
52. —(1) A vehicle, or an article or a thing, which is moved to a holding yard under section 45 or 46, surrendered at a holding yard under section 50 or forfeited under section 51 must be detained there until it is released by order of the Authority or sold or disposed of in accordance with section 53. (2) Any person who removes or causes to be removed such a vehicle, article or thing from the holding yard without the order of the Authority 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.


document_id: ama-2017
provision_ref: s53
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 53
title: Disposal of forfeited or detained vehicles
content:
53. —(1) Where any vehicle is forfeited by the Authority under section 51, an authorised officer may, after giving one month’s notice in the Gazette of his or her intention to do so — ( a ) sell by public auction or tender the vehicle and any uncollected item left in or on the vehicle; or ( b ) destroy or otherwise dispose of the vehicle, article or thing (as the case may be). (2) However, the Authority may direct that a vehicle that is forfeited by the Authority under section 51(3) and is the subject of a notice under subsection (1) be returned to a person if — ( a ) before the end of the period of the notice in subsection (1), the Authority receives from that person a written objection to the intended sale, destruction or disposal of the vehicle and showing good cause why possession of the vehicle should be returned to the person; and ( b ) there is no reasonable cause for the Authority to believe that an offence under this Act has been committed and the vehicle was the subject matter, or was used in the commission, of the offence. [26/2020] (3) Where a vehicle or an article or a thing is moved to a holding yard under section 45 or 46, or a vehicle is surrendered at a holding yard under section 50, it becomes unclaimed if, at the end of 30 days after the day on which the vehicle, article or thing was so moved or surrendered — ( a ) there is no person who appears, to the satisfaction of the Authority, to be the owner of the vehicle, article or thing, as the case may be; or ( b ) there is such a person but that person has not exercised his or her right to recover the vehicle, article or thing by a claim. [38/2018] (4) Where a vehicle, article or thing which is moved to or surrendered at a holding yard under section 45, 46 or 50 becomes unclaimed, an authorised officer may, after giving one month’s notice in the Gazette of his or her intention to do so — ( a ) sell by public auction or tender the vehicle, article or thing (as the case may be) and any uncollected item left in or on the vehicle, article or thing; or ( b ) destroy or otherwise dispose of the vehicle, article or thing, as the case may be. (5) Despite subsection (4), where it appears to the Authority that any vehicle, article or thing which is moved to a holding yard under section 45 or 46 — ( a ) is — (i) a non‑compliant personal mobility device, non‑compliant bicycle, non‑compliant PAB or non‑compliant mobility vehicle; and (ii) of such a nature or in such condition that it would be dangerous for the Authority to retain custody, or its detention in a holding yard materially increases the likelihood of an outbreak of fire at the holding yard; ( b ) is a perishable article or thing that may rapidly depreciate in value; or ( c ) is an article or a thing of such a nature or in such condition that it would be dangerous for the Authority to retain custody of the article or thing, the Authority may, after giving one month’s notice in the Gazette of its intention to do so, cause the vehicle, article or thing to be — ( d ) sold (by public auction or otherwise) at once; or ( e ) destroyed or otherwise disposed of at once in such manner as the Authority thinks fit. [26/2020] (6) The proceeds of a sale by public auction or tender of any vehicle, article or thing under subsection (1), (4) or (5) must be applied as follows: ( a ) firstly, in payment of the expenses occasioned by the sale; ( b ) secondly, in payment of storage or other expenses incurred by the Authority in relation to the vehicle, article or thing; ( c ) thirdly, by payment of the balance into the Consolidated Fund. [26/2020] (7) A purchaser of a vehicle, article, item or thing sold in accordance with subsection (1), (4) or (5) acquires good title to that vehicle, article, item or thing. [26/2020] (8) If the owner of a vehicle is convicted of or has been permitted to compound an offence under this Act, the expenses incurred by the Authority in carrying out the provisions of this section are recoverable by the Authority and, in case of dispute or neglect to pay, may be summarily ascertained by a Magistrate’s Court and may be recovered in the same manner as if the expenses were fines imposed by that Court. (9) If — ( a ) before the end of one year starting on the date a vehicle, an article or a thing was moved to a holding yard under section 45 or 46; but ( b ) after the vehicle, article or thing has been sold, destroyed or disposed of under subsection (5), a person who appears, to the satisfaction of the Authority, to be the owner of the vehicle, article or thing claims that vehicle, article or thing, the Authority may pay the person, out of the funds of the Authority, the balance after deducting all reasonable costs and expenses incurred by the Authority in moving, storing and selling, destroying or disposing of the vehicle, article or thing (as the case may be) from the value of the vehicle, article or thing when it was moved to a holding yard. [26/2020]


document_id: ama-2017
provision_ref: s54
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 54
title: Ticketing
content:
54. —(1) Where an authorised officer or public path warden has reasonable grounds for believing that a person has committed an offence under this Act that is prescribed as an offence to which this section applies, the authorised officer or public path warden may, in lieu of applying to a court for a summons, serve upon that person a prescribed notice requiring that person to attend at the court described, at the hour and on the date specified in the notice. (2) A duplicate of the notice must be prepared by the authorised officer or public path warden and, if so required by a court, produced to the court. (3) The notice may be served on the person alleged to have committed the offence. (4) On an accused person appearing before a court pursuant to a notice under subsection (1), the court is to take cognizance of the offence alleged, and is to proceed as though the accused person were produced before it pursuant to section 153 of the Criminal Procedure Code 2010. (5) If a person, upon whom a notice has been served under subsection (1), fails to appear before a court in person or by counsel as required by that notice, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person unless, in the case of an offence which may be compounded, that person has before that date been permitted to compound the offence. (6) Upon a person arrested pursuant to a warrant issued under subsection (5) being produced before a court, the court is to proceed as though the person were produced before it pursuant to section 153 of the Criminal Procedure Code 2010. [Act 31 of 2022 wef 01/11/2022] (7) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (8) An authorised officer or a public path warden may, at any time before the date specified in the notice under subsection (1), cancel the notice.


document_id: ama-2017
provision_ref: s55
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 55
title: Composition of offences
content:
55. —(1) The Chief Executive of the Authority, or any employee of the Authority or public path warden authorised in writing by the Authority for the purpose of this provision, may compound any offence under this Act that is prescribed as a compoundable offence. (2) A compoundable offence may be compounded under this section — ( a ) by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: (i) one half of the amount of the maximum fine that is prescribed for the offence; (ii) $5,000; and ( b ) by requiring the person reasonably suspected of having committed the offence to do, or to refrain from doing, such things as are specified in an offer of composition (called conditions of composition) by the Chief Executive of the Authority, or any employee of the Authority or public path warden mentioned in subsection (1) with the concurrence (general or specific) of the Public Prosecutor. (3) On payment of such sum of money and on full compliance with the conditions of composition, no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the Consolidated Fund. Division 3 &#x2014; Offences and general provisions


document_id: ama-2017
provision_ref: s56
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 56
title: Obstructing authorised officers, etc.
content:
56. —(1) A person who refuses to give access to, or obstructs, hinders or delays — ( a ) an authorised officer; ( b ) a public path warden; ( c ) a volunteer public path warden; or ( d ) an outsourced enforcement officer in uniform, in the discharge of his or her duties under 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 12 months or to both. [38/2018] (2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by an authorised officer, public path warden, volunteer public path warden or outsourced enforcement officer who — ( a ) fails to declare his or her office; and ( b ) refuses to produce his or her identification card on demand being made by that person. [38/2018]


document_id: ama-2017
provision_ref: s57
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 57
title: Offence of providing false information, etc.
content:
57. —(1) If — ( a ) a person furnishes a document, or makes a statement (whether orally, in writing or any other way) or gives information, to the Authority, an authorised officer or outsourced enforcement officer, a police officer, public path warden or volunteer public path warden; ( b ) the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information, as the case may be, is misleading; ( c ) the person knows, or ought reasonably to know, that the document is false or misleading, or that the statement or information is as described in paragraph ( b ); and ( d ) the document is furnished, or the statement is made or the information is given, for or in connection with — (i) an application under this Act; or (ii) a question or request by the Authority, an authorised officer or outsourced enforcement officer, a police officer, public path warden or volunteer public path warden under this Act, the person 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. [38/2018; 9/2020] (2) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the statement or information did not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular.


document_id: ama-2017
provision_ref: s58
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 58
title: Impersonating public path warden, etc.
content:
58. —(1) An individual who represents himself or herself, by word or conduct — ( a ) to be an authorised officer when he or she is not an authorised officer; ( b ) to be a public path warden when he or she is not a public path warden; or ( c ) to be a volunteer public path warden when he or she is not a volunteer public path warden, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. (2) An authorised officer, public path warden or volunteer public path warden who uses any equipment or identification card issued under section 42 otherwise than in the course of, or for the purpose of, exercising the functions of an authorised officer or a public path warden or volunteer public path warden (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. (3) However, it is a defence in any proceedings for an offence under subsection (1) or (2) where the accused proves, on a balance of probabilities, that the accused used or possessed the equipment or identification card issued under section 42 (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958. [28/2017]


document_id: ama-2017
provision_ref: s58A
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 58A
title: Employer to ensure employee, etc., riders are insured
content:
58A. —(1) Every — ( a ) licensee or class licensee under the Shared Mobility Enterprises (Control and Licensing) Act 2020 who makes available for hire by any individual any bicycle, personal mobility device, power-assisted bicycle, motorised wheelchair or mobility scooter to drive or ride wholly or partly on any public path; or ( b ) person who, in the course of a prescribed business — (i) provides any bicycle, personal mobility device, power-assisted bicycle, motorised wheelchair or mobility scooter for hire or use by an individual who — (A) is the person’s employee or outworker; and (B) drives or rides on any public path in the performance of duties in the course of employment or under an outwork arrangement with that person; or (ii) engages an individual under a contract of employment or an outwork arrangement to perform duties or carry out work involving driving or riding on any public path any bicycle, personal mobility device, power‑assisted bicycle, motorised wheelchair or mobility scooter owned or provided by the individual, must take all reasonable and practicable measures to ensure that the individual is insured and maintains insurance for a prescribed minimum amount under one or more approved policies with an insurer within the meaning of the Insurance Act 1966 against third‑party liabilities for death or personal injury which the individual may incur with respect to driving or riding the bicycle, personal mobility device, power‑assisted bicycle, motorised wheelchair or mobility scooter (as the case may be) on public paths during the hiring from the licensee or class licensee or the individual’s employment or outwork arrangement with that person, as the case may be. [9/2020] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case — to a fine not exceeding $20,000. [9/2020] (3) Where in any proceedings for an offence under subsection (1), it is alleged that a person failed to do something so far as is reasonable and practicable in relation to a requirement in that subsection, it is for the accused to prove, on a balance of probabilities, that — ( a ) it was not reasonable or not practicable to do more than what was in fact done to satisfy that requirement; and ( b ) there was no better practicable means than was in fact used to satisfy that requirement. [9/2020] (4) In this section — “approved policy” means a policy of insurance not subject to any conditions, exclusions or exceptions prohibited by regulations; “outwork arrangement” means a contract, an agreement, understanding or other arrangement of any kind (whether written or unwritten) with a contractor — ( a ) under which an individual (whether or not in the course of business or providing other services) performs work contracted to be performed under that contract, agreement, understanding or other arrangement for the contractor; and ( b ) that is not a contract of employment; “outworker” means an individual who performs work under an outwork arrangement. [9/2020]


document_id: ama-2017
provision_ref: s58B
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 58B
title: Court may order undergoing course
content:
58B. —(1) Where — ( a ) an individual (called in this section the offender), is convicted of an offence in Division 2 or 2A of Part 3; ( b ) at the time of the commission of the offence, the offender was the driver of a motorised wheelchair or a mechanised sweeper, or the rider of a bicycle, personal mobility device, PAB or mobility scooter; and ( c ) the court convicting the offender of the offence is, having regard to the circumstances of the commission of the offence and the character and conduct of the offender, of the opinion that to prevent another commission of an offence under Part 3, the offender should undergo training on safe driving or riding on public paths, the court may, in addition to imposing on the offender the punishment provided for the offence under this Act, make an order requiring him or her to attend and complete, at the offender’s own expense, a course designed to increase knowledge of, and to encourage, safe driving and riding behaviour on public paths as the court specifies. [9/2020] (2) An offender may appeal against an order of a court under subsection (1) in the same manner as against a conviction, and the court may if it thinks fit, pending the appeal, suspend the operation of the order. [9/2020]


document_id: ama-2017
provision_ref: s58C
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 58C
title: Immaterial that more than one offence committed
content:
58C. To avoid doubt, in any proceedings for an offence under any provision in Division 2 or 2A of Part 3 or Part 3A involving an accused driving or riding on a public path, it is immaterial that the accused is riding or driving — ( a ) a class or description of vehicle the riding of which on that public path is otherwise unlawful under any other provision in Part 3; and ( b ) in a manner that also constitutes an offence under any other provision in Part 3 or 3A. [9/2020]


document_id: ama-2017
provision_ref: s59
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 59
title: Strict liability
content:
59. In proceedings for an offence under Part 3 or 3A, it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the path was a pedestrian‑only path, footpath or shared path, but it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know, and could not reasonably have been expected to know, that the path was a pedestrian‑only path, footpath or shared path, as the case may be. [38/2018]


document_id: ama-2017
provision_ref: s59A
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 59A
title: Presumption of vehicle owner riding or driving
content:
59A. An owner of a bicycle, PAB, personal mobility device, motorised wheelchair or mobility scooter who is an individual is presumed, until the contrary is proved, to be riding or driving the bicycle, PAB, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) at the time of the commission (on or after 2 January 2019) of an offence under Part 3 or 3A that — ( a ) involves the riding or driving of the bicycle, PAB, personal mobility device, motorised wheelchair or mobility scooter; and ( b ) is prescribed, if the owner fails to give the information required of the owner under section 48 about that offence and the owner knew or ought reasonably to have known the information required. [38/2018]


document_id: ama-2017
provision_ref: s60
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 60
title: Offences by corporations
content:
60. —(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 a member of a corporation whose affairs are managed by its members; 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 that 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; “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; “partner”, in relation to a limited liability partnership, means any person who has been admitted as a partner in the limited liability partnership in accordance with the limited liability partnership agreement; “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: ama-2017
provision_ref: s61
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 61
title: Offences by unincorporated associations or partnerships
content:
61. —(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: ama-2017
provision_ref: s62
chapter: PART 6 - MISCELLANEOUS
section: 62
title: Preservation of secrecy
content:
62. —(1) An individual who is or has been an authorised officer or outsourced enforcement officer, a public path warden or volunteer public path warden must not disclose any information relating to the affairs of the Authority or of any other person which has been obtained by the individual in the performance of his or her duties or the exercise of his or her functions under this Act, except — ( a ) for the purpose of the performance of his or her duties or the exercise of his or her functions under this Act; or ( b ) when lawfully required to do so by any court or where required or allowed by the provisions of any written law. [38/2018] (2) Any individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ama-2017
provision_ref: s63
chapter: PART 6 - MISCELLANEOUS
section: 63
title: Protection from personal liability
content:
63. No liability shall lie against an authorised officer, a public path warden or volunteer public path warden for anything done or intended to be done with reasonable care and in good faith in the execution or purported execution of this Act.


document_id: ama-2017
provision_ref: s64
chapter: PART 6 - MISCELLANEOUS
section: 64
title: Service of summons, etc.
content:
64. —(1) Despite the Criminal Procedure Code 2010, a summons, and any other document that is permitted or required by this Act to be served on a person, may be served as described in this section. (2) A summons, or a document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the summons in a conspicuous place at the individual’s residential address or business address; or ( e ) where the individual’s residential address or business address cannot, with reasonable diligence, be ascertained, by publishing the summons in the Gazette . (3) A summons, or a document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other like officer of the partnership; ( b ) by leaving it at, or by sending it by post to, the partnership’s business address; or ( c ) where the partnership’s business address cannot, with reasonable diligence, be ascertained, by publishing the summons in the Gazette . (4) A summons, or a document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( c ) where the body corporate’s or unincorporated association’s registered office or principal office cannot, with reasonable diligence, be ascertained, by publishing the summons in the Gazette . [38/2018] (5) In addition, a document (other than a summons) permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served — ( a ) by sending it by email to the email address of the individual, partnership, body corporate or unincorporated association, as the case may be; ( b ) by sending it by fax to whichever of the following is applicable: (i) the fax number last known to the Authority as the fax number for the service of documents on the individual; (ii) the fax number used at the partnership’s business address; (iii) the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or ( d ) by any other method authorised by the regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way. [38/2018] (6) Service of a summons or a document sent by post under subsection (2), (3) or (4) takes effect 2 days (not including any Sunday or public holiday) after the day the summons or document (as the case may be) was posted (even if it is returned undelivered). (7) Service of a document under subsection (5)( a ) or ( b ) takes effect — ( a ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; or ( b ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission. [38/2018] (8) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent (express or implied) to service in that way. [38/2018] (9) When in any proceedings before any court it is necessary to prove that any authorised officer or public path warden has sent or served, or has received or has not received, any document, notice or other thing, a certificate purporting to be signed by the authorised officer or public path warden (as the case may be) and certifying the sending, service, reception or non‑reception (as the case may be) of the document, notice or other thing, is admissible as evidence, and constitutes prima facie proof of the facts certified in the certificate, without proof of the signature of that certificate. (10) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore; “summons” means a summons against a person for any offence under this Act. [38/2018]


document_id: ama-2017
provision_ref: s65
chapter: PART 6 - MISCELLANEOUS
section: 65
title: Jurisdiction of courts
content:
65. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: ama-2017
provision_ref: s66
chapter: PART 6 - MISCELLANEOUS
section: 66
title: General exemption
content:
66. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as the Minister may impose.


document_id: ama-2017
provision_ref: s67
chapter: PART 6 - MISCELLANEOUS
section: 67
title: Regulations
content:
67. —(1) The Authority, with the approval of the Minister, may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the Authority may make regulations for any of the following matters: ( a ) the construction, equipment and accessories of bicycles, PABs, personal mobility devices, motorised wheelchairs and mobility scooters for use on public paths or for registration under Part 3A, including — (i) the lights to be carried by bicycles, PABs, personal mobility devices, motorised wheelchairs and mobility scooters including the nature of such lights, the positions in which they must be fixed and the periods during which they must be lighted or otherwise; and (ii) the number and kind of brakes, bells, horns or other warning instruments to be fitted to bicycles, PABs, personal mobility devices, motorised wheelchairs and mobility scooters of any particular type or description; ( b ) a ban on the use on public paths of bicycles, PABs, personal mobility devices, motorised wheelchairs and mobility scooters in prescribed circumstances, being circumstances which may cause annoyance or danger to users of public paths; ( c ) a maximum speed for public paths of any type or description; ( d ) the precedence to be observed on public paths as between traffic proceeding in the same direction, or in opposite directions, or when crossing, and otherwise; ( e ) the behaviour of pedestrians and riders of bicycles, power‑assisted bicycles, personal mobility devices and mobility scooters, and drivers of motorised wheelchairs, on public paths; ( f ) the language, script and symbols for any sign or marking for public paths; ( g ) the records that are to be kept by persons who sell or repair personal mobility devices in the course of business for the purposes of Part 4 and the reporting of such sale or repairs to the Authority; ( h ) the form and minimum dimensions of a warning notice for the purposes of section 31, the text of such a notice and the manner of the display in premises; ( i ) the fees to be paid in connection with the administration of this Act, and the waiver, reduction or refund of fees charged; ( j ) the requirements and procedure for the registration of a registrable personal mobility device and the maintenance of the registrable PMD register, including — (i) the qualifications for a person to be registered as a responsible person for a registrable personal mobility device, which may include a minimum age; and (ii) the circumstances and procedure for transferring the registration of a registrable personal mobility device to another registered responsible person; ( k ) the procedure for applying to cancel the registration of a registrable personal mobility device; ( l ) the size, shape and character of the registration marks and identification marks required to be fixed on any registrable personal mobility device, and the manner in which those marks must be secured, sealed or displayed on a registrable personal mobility device; ( m ) prohibitions or restrictions against forging, tampering or unauthorised alteration of any registration mark or identification mark required by this Act to be fixed or displayed on a registrable personal mobility device; ( n ) the nature of tests of competence to drive or ride on public paths test‑needed‑to‑drive vehicles, the administration of the tests of competence, and evidence of the result of attending and successfully completing any such test; ( o ) the conduct of examinations and assessments of vehicles under Division 2 of Part 4 and the process of applying for the issue of a certificate under section 35C, including — (i) the specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identification of such vehicle and products used in connection with these vehicles; (ii) the tests to be conducted; (iii) the format of reports of examinations and assessments by designated examiners, including the specification of information required in all reports of designated examiners for the purposes of Division 2 of Part 4; and (iv) the keeping of records for, and provision of information to, the Authority of examinations and assessments carried out for the purposes of Division 2 of Part 4; ( p ) the records that are to be kept by any person to whom section 58A applies, about employees and outworkers whom the person engages or employs to drive or ride on any public path, and the insurance policies relating to these employees or outworkers which are required by that section. [38/2018; 9/2020] (3) Regulations made under this section may — ( a ) prescribe the offences under this Act that may be compounded; ( b ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000 or imprisonment for a term not exceeding 6 months or both; and ( c ) provide for such saving, transitional and other consequential, incidental and supplemental provisions as is necessary or expedient. (4) All regulations made under this section are to be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ama-2017
provision_ref: s67A
chapter: PART 6 - MISCELLANEOUS
section: 67A
title: Incorporation by reference
content:
67A. —(1) Any regulation made in respect of the construction, equipment or accessories of bicycles, PABs, personal mobility devices, motorised wheelchairs and mobility scooters for use on public paths may apply, adopt or incorporate by reference — ( a ) either wholly or partially; ( b ) with or without modification; or ( c ) either specifically or by reference, any matter contained in any code, standard, rule, requirement, specification or other document, as in force or published at a particular time or as in force or published from time to time, which relates to any matter that the regulation deals with. [38/2018] (2) Any material applied, adopted or incorporated in any regulation by reference under subsection (1) is to be treated for all purposes as forming part of the regulation. [38/2018] (3) Unless otherwise provided in a regulation, every amendment to any material applied, adopted or incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (4) and (5), to be treated as being a part of that regulation. [38/2018] (4) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any regulation, the Authority must give notice in the Gazette stating — ( a ) that the material is applied, adopted or incorporated in the regulation, and the date on which the relevant provision in the regulation was made; ( b ) that the material is available for inspection during working hours, free of charge; ( c ) the place where the material can be inspected; ( d ) that copies of the material can be purchased, and the place where the material can be purchased; and ( e ) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. [38/2018] (5) In addition, the Authority must cause a copy of every material applied, adopted or incorporated in that regulation by reference under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours. [38/2018] (6) In this section, “modification” includes omissions, additions and substitutions. [38/2018]


document_id: amda-1996
provision_ref: s1
section: 1
title: Short title
content:
1. —(1) This Act is the Advance Medical Directive Act 1996. (2) This Act does not apply to any act done or any directive or instrument made or executed before 1 July 1997.


document_id: amda-1996
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “directive” means an advance medical directive made under section 3; [ Deleted by Act 11 of 2023 wef 01/05/2023 ] “Director‑General” means the Director‑General of Health; [Act 11 of 2023 wef 01/05/2023] “extraordinary life‑sustaining treatment” means any medical procedure or measure which, when administered to a terminally ill patient, will only prolong the process of dying when death is imminent, but excludes palliative care; “medical practitioner” means a person who is registered, or deemed to be registered, as a medical practitioner under the Medical Registration Act 1997; “palliative care” includes — ( a ) the provision of reasonable medical procedures for the relief of pain, suffering or discomfort; and ( b ) the reasonable provision of food and water; “patient” means any person (whether or not he or she is undergoing any medical treatment, care or therapy) who is not mentally disordered, who has attained 21 years of age and who has made or desires to make a directive in accordance with this Act; “recovery”, in relation to a terminal illness, includes a remission of symptoms or effects of the illness; “register” means the register of advance medical directives established under section 6; “Registrar” means the Registrar of Advance Medical Directives appointed under section 6 and includes a Deputy Registrar and an Assistant Registrar; “specialist” means a medical practitioner who possesses such postgraduate medical qualifications as the Director‑General may recognise for the purposes of this Act; [Act 11 of 2023 wef 01/05/2023] “terminal illness” means an incurable condition caused by injury or disease from which there is no reasonable prospect of a temporary or permanent recovery where — ( a ) death would, within reasonable medical judgment, be imminent regardless of the application of extraordinary life‑sustaining treatment; and ( b ) the application of extraordinary life‑sustaining treatment would only serve to postpone the moment of the patient’s death. [21/2008]


document_id: amda-1996
provision_ref: s3
section: 3
title: Power to make advance medical directive
content:
3. —(1) A person who is not mentally disordered, who has attained 21 years of age and who desires not to be subjected to extraordinary life‑sustaining treatment in the event of his or her suffering from a terminal illness, may at any time make an advance medical directive in the prescribed form. [21/2008] (2) Subject to subsection (3), the directive must be witnessed by 2 witnesses present at the same time — ( a ) one of whom must be the patient’s family medical practitioner or any other practitioner of the patient’s choice; and ( b ) the other must be a person who has attained the age of 21 years. (3) A witness must be a person who to the best of his or her knowledge — ( a ) is not a beneficiary under the patient’s will or any policy of insurance; ( b ) has no interest under any instrument under which the patient is the donor, settlor or grantor; ( c ) would not be entitled to an interest in the estate of the patient on the patient’s death intestate; ( d ) would not be entitled to an interest in the moneys of the patient held in the Central Provident Fund or other provident fund on that patient’s death; and ( e ) has not registered an objection under section 10(1).


document_id: amda-1996
provision_ref: s4
section: 4
title: Duty of witness
content:
4. Before witnessing the execution of the directive on the prescribed form, a witness who is a medical practitioner must take reasonable steps in the circumstances to ensure that the patient — ( a ) is not mentally disordered; ( b ) has attained 21 years of age; ( c ) has made the directive voluntarily and without inducement or compulsion; and ( d ) has been informed of the nature and consequences of making the directive. [21/2008]


document_id: amda-1996
provision_ref: s5
section: 5
title: Registration of directives
content:
5. —(1) Any person who has made a directive in accordance with section 3 must register his or her directive with the Registrar. (2) Upon receipt of the directive registered under subsection (1), the Registrar must issue to the person who made the directive an acknowledgment in the prescribed form. (3) A person must not act on a directive if it has not been registered in accordance with this section.


document_id: amda-1996
provision_ref: s6
section: 6
title: Registry of directives and objections
content:
6. —(1) The Director‑General must cause a register of advance medical directives to be established and maintained for the purposes of this Act and which comprises — ( a ) all directives registered under section 5; ( b ) all revocations of directives registered under section 7; and ( c ) all objections of medical practitioners registered under section 10(1). [Act 11 of 2023 wef 01/05/2023] (2) The Minister must appoint a Registrar, a Deputy Registrar and an Assistant Registrar of Advance Medical Directives and such other officers and employees as the Minister may consider necessary for the purposes of this Act. (3) The register must be kept confidential and must not be disclosed to any person except to the following: ( a ) the person who made the directive or any other person that he or she may in writing authorise; ( b ) the Registrar and other persons appointed to maintain and administer the register; ( c ) the medical practitioner responsible for the treatment of the person who made the directive only if a certificate in respect of that person has been forwarded to the Registrar in accordance with section 9(1). (4) Any person who wilfully destroys, mutilates or makes any unauthorised alteration or manipulation in the register 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: amda-1996
provision_ref: s7
section: 7
title: Revocation of directive
content:
7. —(1) Any patient who has made a directive may, in the presence of at least one witness, revoke the directive — ( a ) in writing; ( b ) orally; or ( c ) in any other way in which the patient can communicate. (2) As far as may be practicable, the revocation must be registered with the Registrar. (3) Where a revocation is made in accordance with subsection (1), the patient (if practicable) and each witness must notify the Registrar in writing of the revocation with full particulars of the name, address and telephone number of the patient and of the witness and the time, date and place where the revocation was made. (4) It is the duty of any other person who has witnessed a revocation, whether made in writing, orally or in any other way in which the patient can communicate, to inform the Registrar of that fact. (5) Upon receipt of the notice of revocation (if there is more than one notice, the first notice), the Registrar must issue to that person an acknowledgment in the prescribed form and must mark the directive as a revoked directive in the register.


document_id: amda-1996
provision_ref: s8
section: 8
title: Panel of specialists
content:
8. —(1) The Minister must appoint a panel of at least 20 specialists who have each at least 10 years’ experience in medical practice. (2) The Minister must, in appointing the members of the panel, have regard to the need to appoint specialists who possess the requisite skills, knowledge and qualifications in diagnosing terminal illness. (3) Every member of the panel is, except where his or her appointment is revoked by the Minister under subsection (4) or he or she resigns during the period of his or her appointment, appointed for a period of 3 years or for any shorter period that the Minister may, in any case, determine and is eligible for re‑appointment. (4) The Minister may at any time revoke the appointment of a member of the panel on the ground of the member’s unfitness to continue in office or incapacity to perform the duties of the member.


document_id: amda-1996
provision_ref: s9
section: 9
title: Certification of terminal illness
content:
9. —(1) Where a medical practitioner, who is responsible for the treatment of any person, has reason to believe that the person — ( a ) is suffering from a terminal illness; ( b ) requires extraordinary life‑sustaining treatment; and ( c ) is unconscious or incapable of exercising rational judgment, the medical practitioner must — ( d ) determine and certify in the prescribed form that the person is suffering from a terminal illness and the reasons for the determination; and ( e ) forward the certificate to the Registrar with a request that a search of the register be conducted in order to ascertain whether the person has made a directive which is in force. (2) Upon receipt of a request made under subsection (1), the Registrar must cause a search of the register to be conducted in order to ascertain whether the person has made a directive which is in force and must thereafter inform the medical practitioner accordingly. (3) Where the Registrar informs the medical practitioner responsible for the treatment of the person who has been certified to be terminally ill that the patient has made a directive which is in force, that medical practitioner must obtain, in the prescribed form, the opinion of 2 other medical practitioners as to whether they agree with the determination that the patient is terminally ill. (4) Where the medical practitioner responsible for the treatment of the patient — ( a ) is not a specialist, the 2 other medical practitioners mentioned in subsection (3) must both be specialists; or ( b ) is a specialist, at least one of the 2 other medical practitioners mentioned in subsection (3) must be a specialist. (5) Where the opinions of the 2 medical practitioners mentioned in subsection (3) are not unanimously in agreement that the patient is terminally ill, the issue must be referred for determination to a committee of 3 specialists (called in this section the committee) appointed by the Director‑General from among the panel of specialists referred to in section 8. [Act 11 of 2023 wef 01/05/2023] (6) A patient is, on a reference to the committee, determined to be terminally ill only on the unanimous decision of the committee. (7) If the committee is unable to reach a unanimous decision, the patient is presumed not to be terminally ill. (8) The committee’s determination must be recorded in the prescribed form and sent to the medical practitioner responsible for the treatment of the patient. (9) A medical practitioner must not certify or participate in the determination or certification that the patient is terminally ill if the medical practitioner — ( a ) is a beneficiary under the patient’s will or any policy of insurance; ( b ) has an interest under any instrument under which the patient is the donor, settlor or grantor; ( c ) would be entitled to an interest in the moneys of the patient held in the Central Provident Fund or other provident fund on that patient’s death; or ( d ) has registered an objection under section 10(1).


document_id: amda-1996
provision_ref: s10
section: 10
title: Duty of medical practitioner
content:
10. —(1) A medical practitioner or any person who acts under the instructions of a medical practitioner, who for any reason objects to acting on a directive, must register his or her objection in the prescribed form to this effect and register it with the Registrar and such objection may be revoked by notifying the Registrar in the prescribed form. (2) Where a person who has made a directive in accordance with section 3 has been determined in accordance with section 9 to be suffering from a terminal illness, it is the duty of the medical practitioner responsible for his or her treatment (unless he or she has registered his or her objection under subsection (1)) to act in accordance with the directive unless there is reasonable ground to believe — ( a ) that a notice of revocation under section 7 has been received by the registry or such revocation has been sent to the registry; ( b ) that the person has, whether in writing, orally or in any other way, communicated to any medical practitioner his or her intention to revoke the directive; or ( c ) that the person was not, at the time of making the directive, capable of understanding the nature and consequences of the directive. (3) Before a medical practitioner acts in accordance with a directive, he or she must — ( a ) ascertain from the Registrar that the directive has been registered under section 5 and is in force; ( b ) ensure that the patient has been certified to be terminally ill in accordance with section 9; and ( c ) as far as may be practicable determine and certify in writing whether the patient is pregnant with a foetus which will probably develop to the point of live birth. (4) A medical practitioner must not act in accordance with a directive if the medical practitioner — ( a ) is a beneficiary under the patient’s will or any policy of insurance; ( b ) has an interest under any instrument under which the patient is the donor, settlor or grantor; or ( c ) would be entitled to an interest in the moneys of the patient held in the Central Provident Fund or other provident fund on that patient’s death. (5) Where a medical practitioner has registered his or her objection under subsection (1) or is disqualified under subsection (4), he or she must, in the circumstances referred to in subsection (2), take all reasonable steps as soon as practicable for the care of the patient to be transferred to another medical practitioner who has not registered such an objection. (6) Extraordinary life‑sustaining treatment must not be withheld or withdrawn pursuant to this section from a patient known to the medical practitioner to be pregnant so long as it is probable that the foetus will develop to the point of live birth with continued application of extraordinary life‑sustaining treatment.


document_id: amda-1996
provision_ref: s11
section: 11
title: Advance directive not to affect palliative care
content:
11. This Act does not apply to palliative care and does not affect any right, power or duty which a medical practitioner or any other person has in relation to palliative care.


document_id: amda-1996
provision_ref: s12
section: 12
title: Patient’s rights to make informed decisions on treatment not affected
content:
12. —(1) Section 3 or 10 does not derogate from any duty of a medical practitioner to inform a patient who is conscious and capable of exercising a rational judgment of all the various forms of treatment that may be available in his or her particular case so that the patient may make an informed judgment as to whether a particular form of treatment should, or should not, be undertaken. (2) This Act does not affect the right of a patient to make decisions in relation to the use of extraordinary life‑sustaining treatment, so long as he or she is able to do so.


document_id: amda-1996
provision_ref: s13
section: 13
title: Act not to affect other rights
content:
13. —(1) This Act does not affect the right of any person to refuse medical or surgical treatment. (2) This Act (other than section 20) does not affect the legal consequences (if any) of — ( a ) taking, or refraining from taking, therapeutic or palliative measures (not being extraordinary life‑sustaining treatment) in the case of a patient who is suffering from a terminal illness, whether or not he or she has made a directive; or ( b ) taking, or refraining from taking, extraordinary life‑sustaining treatment in the case of a patient who has not made a directive or has revoked a directive made by him or her.


document_id: amda-1996
provision_ref: s14
section: 14
title: Penalty for obtaining directive by fraud, forging directive or concealing revocation
content:
14. —(1) Any person who — ( a ) by any deception, fraud, misstatement, unconscionable conduct or undue influence, procures or obtains, directly or indirectly, the execution by another person of a directive; ( b ) falsifies or forges the directive of another person; or ( c ) wilfully conceals or withholds personal knowledge of a revocation of a directive, 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. (2) Any person who — ( a ) is a beneficiary under the will or any policy of insurance of another person; ( b ) has an interest under any instrument under which another person is the donor, settlor or grantor; ( c ) would be entitled to an interest in the estate of another person on the death intestate of that person; or ( d ) would be entitled to an interest in the moneys of another person held in the Central Provident Fund or other provident fund on that person’s death, and who is guilty of an offence under subsection (1) (whether or not he or she has been convicted of that offence) shall forfeit any interest under the will, policy, instrument, intestacy or memorandum executed under the Central Provident Fund Act 1953, as the case may be. (3) Where a person is charged for an offence under subsection (1), no person may act on a directive unless it is ascertained that the directive has been validly and voluntarily made in accordance with the provisions of this Act. (4) Where a person is convicted of an offence under subsection (1), the directive is deemed to be revoked and has no effect.


document_id: amda-1996
provision_ref: s15
section: 15
title: Offence to enquire whether directive made
content:
15. —(1) Except in the circumstances specified in subsection (2), a person who has or who will be likely to have the medical care of any patient (whether or not he or she has made or intends to make a directive) must not ask or otherwise enquire of the patient as to whether or not the patient has made or intends to make a directive. (2) Nothing in subsection (1) affects the duty or right of a medical practitioner responsible for the care of a patient to discuss and explore with his or her patient the concept of directives and the objects and provisions of this Act and any regulations made under this Act where such discussions are — ( a ) consistent with good medical practice; ( b ) held in the context of the relationship between a medical practitioner and his or her patient; and ( c ) in furtherance of the purposes of public education. (3) Except where a patient has been determined in accordance with section 9 to be suffering from a terminal illness, all information relating to the patient’s making of a directive, or of the patient’s intention to make a directive communicated by the patient to the medical practitioner or other medical worker having the care of the patient must be kept confidential by the medical practitioner or other medical worker. (4) Any person who contravenes subsection (1) or (3) 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: amda-1996
provision_ref: s16
section: 16
title: Offence to require directive as condition for insurance or medical care
content:
16. —(1) Any person who requires or prohibits the making of a directive as a condition for being insured for, or receiving medical or health care services 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. (2) Any condition of a policy of insurance mentioned in subsection (1) is void to the extent that it requires or prohibits the making of a directive.


document_id: amda-1996
provision_ref: s17
section: 17
title: Act permits only natural death and not euthanasia or abetment of suicide
content:
17. —(1) Nothing in this Act authorises an act that causes or accelerates death as distinct from an act that permits the dying process to take its natural course. (2) To avoid doubt, it is declared that nothing in this Act condones, authorises or approves abetment of suicide, mercy killing or euthanasia.


document_id: amda-1996
provision_ref: s18
section: 18
title: Act not to affect insurance policies
content:
18. —(1) The making of a directive does not affect the sale, procurement or issuance of a policy of insurance or any of its terms. (2) Except in the circumstances provided in section 14(2), a policy of insurance is not avoided, invalidated or otherwise affected by the withholding or withdrawal of extraordinary life‑sustaining treatment from an insured person in accordance with this Act.


document_id: amda-1996
provision_ref: s19
section: 19
title: Protection of medical practitioners and other persons acting in good faith and without negligence
content:
19. —(1) A medical practitioner shall not be subject to civil or criminal liability or discipline for professional misconduct for a decision made by him or her in good faith and without negligence as to whether — ( a ) a patient is, or is not, suffering from a terminal illness; ( b ) a patient has revoked, or intended to revoke, a directive; ( c ) a patient was, or was not, at the time of making a directive, capable of understanding the nature and consequences of the directive; or ( d ) a directive was valid. (2) A person acting under a medical practitioner’s instructions shall not be subject to civil or criminal liability or discipline for professional misconduct for giving effect to a directive in the absence of knowledge of revocation or intended revocation of the directive.


document_id: amda-1996
provision_ref: s20
section: 20
title: Certain aspects of causation of death
content:
20. —(1) For the purposes of the laws of Singapore, the non‑application of extraordinary life‑sustaining treatment to, or the withdrawal of extraordinary life‑sustaining treatment from, a person suffering from a terminal illness does not constitute a cause of death where the non‑application or withdrawal was as a result of and in compliance with a directive validly made in accordance with this Act by the person. (2) This section does not relieve a medical practitioner from the consequences of a negligent decision as to whether or not a patient is suffering from a terminal illness.


document_id: amda-1996
provision_ref: s21
section: 21
title: Composition of offences
content:
21. —(1) The Director‑General or any person authorised by him or her may compound any offence under this Act or any regulations made under this Act which is prescribed to be a compoundable offence by accepting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000. [Act 11 of 2023 wef 01/05/2023] (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 Minister may make regulations to prescribe the offences which may be compounded.


document_id: amda-1996
provision_ref: s22
section: 22
title: Regulations
content:
22. The Minister may make regulations to prescribe anything which is required to be prescribed by this Act and generally to give effect to the provisions of this Act.


document_id: amla-1966
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Appeal Board” means an Appeal Board constituted under section 55; “Appeal Committee” means the Appeal Committee appointed under section 88F; [Act 4 of 2024 wef 01/10/2025] “attend” includes the appearance by any person using any electronic means of communication permitted by the Syariah Court, an Appeal Board, a Kadi or a Naib Kadi; [Act 11 of 2022 wef 17/08/2022] “Chief Executive” means the Chief Executive of the Majlis, and includes any individual acting in that capacity; “child of the parties” means any child of the parties to a marriage (including a purported marriage that is annulled), and includes any legally adopted child; [Act 11 of 2022 wef 17/08/2022] “court” means a court of competent jurisdiction, other than the Syariah Court; “daerah masjid” means the area prescribed by the Majlis in accordance with section 83 within which a mosque is situated; “dependent child of the parties” means a child of the parties who is below 21 years of age; [Act 11 of 2022 wef 17/08/2022] “emas kahwin” means the obligatory marriage-payment due under the Muslim law by the husband to the wife at the time the marriage is solemnised, whether paid in cash or in kind, or payable as a debt with or without security; “fitrah” means the amount of rice or its equivalent value in money payable under the Muslim law annually by a Muslim during the month of Ramadan to be used for religious or charitable purposes recognised by the Muslim law; “foreign halal certification body” means a person, authority or entity outside Singapore that has been granted recognition under section 88AA; [Act 4 of 2024 wef 01/10/2025] [ Deleted by Act 4 of 2024 wef 01/08/2024 ] “General Endowment Fund” means the General Endowment Fund established under section 57; [Act 4 of 2024 wef 01/08/2024] “Haj” means a pilgrimage in accordance with the Muslim law; “halal”, in relation to any product, service or activity, means the requirements of the Muslim law are complied with in the production, processing, marketing, display or carrying out, (as the case may be) of that product, service or activity; “halal certificate”, in relation to any product, service or activity, means a certificate or other form of signification to the effect that the requirements of the Muslim law are complied with in the production, processing, marketing, display or carrying out (as the case may be) of that product, service or activity; [Act 11 of 2022 wef 17/08/2022] “iddah” means the period within which a divorced woman or a widow is forbidden by the Muslim law to remarry; “janda” means a female who has been married and whose marriage has been terminated by divorce or the death of her husband; [ Deleted by Act 11 of 2022 wef 17/08/2022 ] “jawatankuasa masjid” means a committee of a daerah masjid appointed under rules made under section 86(1); [Act 11 of 2022 wef 17/08/2022] “Kadi” means a Kadi appointed under section 91; “Legal Committee” means the Legal Committee of the Majlis appointed under section 31; “Majlis” means the Majlis Ugama Islam, Singapura, constituted and continued under section 3; “mosque” means a building dedicated and used for the purpose of holding the Friday congregational prayers and other ceremonies connected with the Muslim religion; “Mosque Building and Mendaki Fund” means the Mosque Building and Mendaki Fund established under section 76; “Mufti” means the person appointed to be the Mufti of Singapore under section 30; “Muslim” means a person who professes the religion of Islam; “mutawalli” means a person appointed to manage a wakaf or mosque and includes a trustee; “Naib Kadi” means a Naib or an Assistant Kadi appointed under section 91; “nazar” means an expressed vow to do any act or to dedicate property for any purpose allowed by the Muslim law; “nazar am” means a nazar intended wholly or in part for the benefit of the Muslim community generally or part thereof, as opposed to an individual or individuals; “pegawai masjid” means a trustee, mutawalli, Imam, Khatib, Bilal and Noja (if any) for the time being of a mosque; “President” means the President of the Majlis; “product” includes food and foodstuffs; “Register of Divorces” means the Register of Divorces kept by the registrar of the Syariah Court under section 100; [Act 11 of 2022 wef 30/11/2022] “Register of Marriages” means the Register of Marriages kept by the Registrar under section 100; “Register of Revocation of Divorces” means the Register of Revocation of Divorces kept by the Registrar under section 100; “Registrar” means the person appointed as Registrar of Muslim Marriages under section 90; “specified halal certification mark” means any certification mark specified under section 88A(4) or 88AA(5); [Act 4 of 2024 wef 01/10/2025] “wakaf” means the permanent dedication by a Muslim individual or the Majlis of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable; [Act 4 of 2024 wef 01/08/2024] “wakaf ‘am” means a dedication in perpetuity of the capital and income of property for pious, religious or charitable purposes recognised by the Muslim law and the property so dedicated; “wakaf khas” means a dedication in perpetuity of the capital of property for pious, religious or charitable purposes recognised by the Muslim law, the income of the property being paid to persons or for purposes specified in the wakaf, and the property so dedicated; “wali” means the lawful guardian according to the Muslim law for purposes of marriage of a woman who is to be married; “Yayasan Mendaki” means the company limited by guarantee which is incorporated under the Companies Act 1967 under the name of Yayasan Mendaki; “zakat” means the charitable contribution required to be made by a Muslim in accordance with the Muslim law. [35/2005; 5/2018]


document_id: amla-1966
provision_ref: s3
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 3
title: Establishment and functions of Majlis
content:
3. —(1) As from 1 August 1999, the Majlis Ugama Islam, Singapura, continues in existence. (2) It is the function and duty of the Majlis — ( a ) to advise the President of Singapore in matters relating to the Muslim religion in Singapore; ( b ) to administer matters relating to the Muslim religion and Muslims in Singapore including any matter relating to the Haj, halal certification or the recognition of foreign halal certification bodies; [Act 4 of 2024 wef 01/10/2025] ( c ) to administer all Muslim endowments and funds vested in it under any written law or trust; ( d ) to administer the collection of zakat and fitrah and other charitable contributions for the support and promotion of the Muslim religion or for the benefit of Muslims in accordance with this Act; ( e ) to administer all mosques and Muslim religious schools in Singapore; and ( f ) to carry out any other functions and duties that are conferred upon the Majlis by or under this Act or any other written law.


document_id: amla-1966
provision_ref: s4
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 4
title: Majlis to be a corporation
content:
4. —(1) The Majlis is a body corporate under the name of Majlis Ugama Islam, Singapura having perpetual succession and a corporate seal. (2) The seal of the Majlis may be broken, changed, altered and made anew as to the Majlis seems fit.


document_id: amla-1966
provision_ref: s5
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 5
title: Powers of Majlis
content:
5. —(1) The Majlis may sue and be sued in its corporate name. (2) The Majlis may — ( a ) enter into contracts; ( b ) acquire, purchase, take, hold and enjoy movable and immovable property of every description; ( c ) erect any building on any property vested in, belonging to or acquired by the Majlis; ( d ) subject to any written law affecting the same, convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property vested in the Majlis upon such terms as to the Majlis seems fit and in accordance with the Muslim law; ( da ) create any wakaf; [Act 4 of 2024 wef 01/08/2024] ( e ) whether by itself or in association with any other person or organisation, provide to any person or organisation in Singapore or elsewhere consultancy, technical, managerial or other services or products in any area in which the Majlis has skill or experience; and ( f ) charge fees or commissions for any service or product provided by the Majlis. (3) The Majlis has power to act as an executor of a will or as an administrator of the estate of a deceased Muslim or as a trustee of any trust. (4) The Majlis may, with the approval of the Minister, form or participate in the formation of any company, or enter into any joint venture or partnership, to carry out any of the purposes of this Act. (5) The Majlis may do any other acts that appear to the Majlis to be incidental or necessary to the discharge of its functions and duties under this Act.


document_id: amla-1966
provision_ref: s6
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 6
title:
Devolution of rights, powers, duties, liabilities and property of Board under Muslim and Hindu Endowments Ordinance

content:
6. —(1) All rights, powers, duties and liabilities which were, immediately before 1 July 1968, vested in or imposed on the Board established by the Muslim and Hindu Endowments Ordinance (Cap. 271, 1955 Revised Edition), in respect of endowments in land or money given or to be given for the support of any mosque, school or other Muslim pious, religious, charitable or beneficial purposes are, on 1 July 1968, vested in or imposed on the Majlis, except insofar as may be repugnant to the provisions of this Act. (2) All property, movable or immovable, which was, immediately before 1 July 1968, vested in the Board established under the Muslim and Hindu Endowments Ordinance (Cap. 271, 1955 Revised Edition) for purposes relating to the Muslim religion or on trust for religious or charitable purposes for the benefit of persons professing the Muslim religion are, on 1 July 1968, without any conveyance, assignment or transfer whatever, to vest in the Majlis for the like title, estate or interest and in the like tenure and for the like purposes as the same was vested or held immediately before 1 July 1968.


document_id: amla-1966
provision_ref: s7
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 7
title: Membership
content:
7. —(1) The Majlis consists of — ( a ) a President of the Majlis to be appointed by the President of Singapore; ( b ) the Chief Executive, if he or she has been appointed to be a member under subsection (6); ( c ) the Mufti; ( d ) not more than 7 members to be appointed by the President of Singapore on the recommendation of the Minister; and ( e ) not less than 7 members to be appointed by the President of Singapore, from a list of nominees to be submitted by the President of the Majlis. [35/2005] (2) The list of nominees to be submitted by the President of the Majlis to the President of Singapore under subsection (1)( e ) shall consist of persons nominated by such Muslim societies as are prescribed for the purpose by the Majlis. (3) Subject to the provisions of this Act and unless the contrary intention appears in the instrument of appointment, the appointment of members of the Majlis, other than the Mufti, is for a period of 3 years from the date thereof. (4) The members of the Majlis are eligible for re‑appointment. (5) No person may be appointed a member of the Majlis unless he or she is a citizen of Singapore above 25 years of age and is a Muslim. (6) The President of Singapore may appoint the Chief Executive to be a member of the Majlis. [35/2005] (7) If the President of the Majlis dies or has his or her appointment revoked or otherwise vacates his or her office before the expiry of the term for which he or she has been appointed, a temporary President of the Majlis may be appointed by the President of Singapore for such period as the President of Singapore may determine to carry out the functions and duties of the President of the Majlis.


document_id: amla-1966
provision_ref: s7A
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 7A
title: Chief Executive
content:
7A. —(1) There must be a Chief Executive of the Majlis, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Majlis 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: amla-1966
provision_ref: s8
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 8
title: Officers, etc.
content:
8. The Majlis may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as the Majlis may determine, any officer, employee, consultant or agent that may be necessary for the effective performance of the functions of the Majlis. [Act 4 of 2024 wef 03/03/2025]


document_id: amla-1966
provision_ref: s9
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 9
title: Determination of appointment
content:
9. Without affecting sections 7(3), 10 and 11, the appointment of any member of the Majlis determines — ( a ) upon his or her death; ( b ) if, by writing addressed to the President of Singapore through the Chief Executive, he or she resigns the appointment; or ( c ) if he or she is absent from Singapore, without written permission from the President of the Majlis on behalf of the President of Singapore, for a period exceeding 3 months. [33/2017]


document_id: amla-1966
provision_ref: s10
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 10
title: Cancellation of appointment
content:
10. The President of Singapore may cancel the appointment of any member of the Majlis — ( a ) if his or her conduct, whether in connection with the duties of the appointment or otherwise, is in the opinion of the President of Singapore such as to bring discredit upon the Majlis; ( b ) if for any reason he or she becomes unable to carry out the duties of his or her appointment properly; ( c ) if he or she, without due cause to be approved by the President of the Majlis, absents himself or herself from 3 successive meetings of the Majlis; or ( d ) if the President of Singapore considers it desirable in the public interest to cancel the appointment.


document_id: amla-1966
provision_ref: s11
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 11
title: Temporary appointment
content:
11. —(1) In the event of the temporary absence or incapacity of any member of the Majlis, the President of Singapore may appoint a person to act temporarily on his or her behalf. (2) Such temporary appointment determines when the substantive member gives notice to the President of the Majlis of the resumption of his or her duties as a member of the Majlis.


document_id: amla-1966
provision_ref: s12
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 12
title: Appointments to be notified
content:
12. All appointments made under this Part must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: amla-1966
provision_ref: s13
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 13
title: Stranger at meeting
content:
13. —(1) The President may invite to any meeting of the Majlis any person who is not a member of the Majlis if the business before the meeting renders the presence of such person desirable. (2) Any person so invited is entitled to take part in the proceedings of the Majlis, but does not have the right to vote.


document_id: amla-1966
provision_ref: s14
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 14
title: Chairperson
content:
14. —(1) The President presides at all meetings of the Majlis. (2) In the absence of the President, the Majlis may elect any other member to act as chairperson.


document_id: amla-1966
provision_ref: s15
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 15
title: Quorum
content:
15. —(1) No business, with the exception of adjournment, may be transacted and no resolution or action of the Majlis is valid unless at least one-third of the members is present at the meeting. (2) The Majlis may, subject to subsection (1), act despite any vacancy in its membership.


document_id: amla-1966
provision_ref: s16
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 16
title: Corporate seal
content:
16. —(1) The corporate seal of the Majlis must not be used except in pursuance of a resolution of the Majlis. (2) The corporate seal of the Majlis must be affixed in the presence of the Chief Executive and 2 members of the Majlis who must sign as witnesses. [33/2017] (3) The following documents must be executed under the corporate seal of the Majlis: ( a ) documents requiring registration under any written law; ( b ) documents authorising any person to act for any particular purposes on behalf of the Majlis; ( c ) any other documents or classes of documents that the Minister may direct.


document_id: amla-1966
provision_ref: s17
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 17
title: Conduct of business
content:
17. —(1) Subject to this Act, all business of the Majlis must be conducted at a meeting thereof regularly convened and by resolution of the majority of those present and entitled to vote. (2) A written resolution signed by all members of the Majlis, unless in any special case or class of cases the President of Singapore otherwise directs, has the same effect as a resolution duly passed under subsection (1).


document_id: amla-1966
provision_ref: s18
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 18
title: Summoning meeting
content:
18. —(1) All meetings of the Majlis must be summoned by the Chief Executive. [33/2017] (2) The President may at any time direct the Chief Executive to summon a meeting. [33/2017] (3) Any 4 members of the Majlis may at any time in writing require the Chief Executive to summon a meeting of the Majlis, but must upon doing so inform the Chief Executive of the purpose for which they desire the meeting to be so summoned. [33/2017] (4) The Chief Executive must within 7 days of receipt of a direction or requisition under subsection (2) or (3) summon a meeting. [33/2017] (5) At least 7 days’ notice in writing must be given of any meeting except that in an emergency the President may direct that notice be dispensed with. (6) Any such notice may be sent by post addressed to a member at the member’s last known place of residence and is deemed to have been served in the due course of post. (7) No notice of meeting is necessary in the case of any member for the time being out of Singapore.


document_id: amla-1966
provision_ref: s19
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 19
title: Powers of President
content:
19. —(1) The President has general control of all deliberations and proceedings of the Majlis. (2) The President must not absent himself or herself from Singapore for more than the specified days without the prior permission of the Minister. (3) In subsection (2), “specified days” means such number of days as the Minister may, by notification in the Gazette , specify.


document_id: amla-1966
provision_ref: s20
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 20
title: Duties and powers of Chief Executive
content:
20. Subject to such directions as may be given to him or her by the President, the Chief Executive is to — ( a ) have charge of all correspondence and documents of the Majlis, including all books of account thereof and all title deeds and securities; ( b ) be generally responsible for the proper collection of, accounting for and disposal of all funds of the Majlis; and ( c ) in all other respects, carry out such duties as may be imposed upon the Chief Executive by this Act or allotted to the Chief Executive by direction of the President. [33/2017]


document_id: amla-1966
provision_ref: s21
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 21
title: Minutes
content:
21. —(1) The Majlis must ensure that minutes of every meeting are kept in the national language or in English. [33/2017] (2) At every meeting, the minutes of the previous meeting must be read and confirmed, subject to any amendment which may be required. (3) Such minutes must include a full record of every resolution of the Majlis. [33/2017] (4) A copy of the minutes must be sent to the President of Singapore.


document_id: amla-1966
provision_ref: s22
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 22
title: Order of business and voting
content:
22. —(1) The chairperson must determine the order of business at any meeting. (2) The chairperson may decide in what order members may address the meeting and may at any time require any member to cease addressing the meeting. (3) The chairperson is entitled to vote and, if upon any resolution there is an equality of votes, the chairperson is to have a casting vote. (4) The proceedings of the Majlis must be conducted in the national language or in English.


document_id: amla-1966
provision_ref: s23
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 23
title: Certified copy of resolution
content:
23. —(1) A copy of any resolution certified by the Chief Executive to be a true copy of the resolution is sufficient evidence thereof. [33/2017] (2) All courts are to take notice of the signature of the Chief Executive. [33/2017]


document_id: amla-1966
provision_ref: s24
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 24
title: Appearance by Majlis, etc.
content:
24. —(1) The Majlis may appear in any court by its President or Chief Executive or by any person appointed for the purpose either generally or in any particular case under the seal of the Majlis. [33/2017] (2) Despite any written law to the contrary, where the Mufti has been summoned to attend before any court to give an opinion or evidence relating to Muslim law, the Mufti may, if the Mufti considers that the circumstances of the case do not require the Mufti to appear in court in person, certify the Mufti’s opinion to the court or appoint any person to appear in court on the Mufti’s behalf, unless the court subsequently directs otherwise.


document_id: amla-1966
provision_ref: s25
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 25
title: Acting in emergency
content:
25. —(1) In any case of emergency the President may, after consultation with the Mufti and the Chief Executive, do or direct to be done on behalf of the Majlis any act or thing which might lawfully be done by resolution of the Majlis. [33/2017] (2) In any such case, a meeting of the Majlis must be called within one week thereafter for the purpose of ratifying and confirming the action taken and, if the Majlis declines to ratify and confirm the same, the Minister may give such directions thereon as he or she thinks fit.


document_id: amla-1966
provision_ref: s26
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 26
title: Delegation of powers
content:
26. —(1) The Majlis may, subject to such conditions and restrictions as the Majlis may impose, delegate to any member or committee of the Majlis or any person all or any of its functions and powers vested by or under this Act or any other written law, not being judicial or quasi‑judicial powers. (2) Any function or power delegated under subsection (1) may be performed or exercised by such member, committee or person in the name and on behalf of the Majlis. (3) It is the duty of every member, committee or person to whom any power of the Majlis has been delegated to inform the Majlis of all acts and things done by him, her or it pursuant to the delegation. (4) For the purposes of this section, the powers conferred on the Majlis by sections 32 and 33 are deemed to be quasi‑judicial.


document_id: amla-1966
provision_ref: s27
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 27
title: Secrecy
content:
27. —(1) The proceedings of the Majlis are to be secret. (2) No member or servant of the Majlis may disclose or divulge to any person, other than the President of Singapore or the Minister or any member of the Majlis, any matter which has arisen at any meeting unless he or she is expressly authorised or allowed by the provisions of any written law to do so. [5/2018] 28. [ Repealed by Act 5 of 2018 ]


document_id: amla-1966
provision_ref: s29
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 29
title: Majlis may prescribe own procedure
content:
29. —(1) The Majlis may, subject to the provisions of this Act and the Public Sector (Governance) Act 2018, determine all questions relating to its own procedure and practice. [5/2018] (2) All communications from the Majlis to the President of Singapore must be forwarded through the Minister.


document_id: amla-1966
provision_ref: s30
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 30
title: Appointment of Mufti
content:
30. —(1) The President of Singapore may, after consultation with the Majlis, appoint a fit and proper person to be the Mufti of Singapore. (2) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (3) The Mufti is to be ex-officio a member of the Majlis.


document_id: amla-1966
provision_ref: s31
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 31
title: Legal Committee
content:
31. —(1) There is to be a Legal Committee of the Majlis, consisting of — ( a ) the Mufti; and [Act 4 of 2024 wef 07/08/2025] ( b ) not more than 8 other fit and proper Muslims of whom at least 2 must be members of the Majlis. [Act 4 of 2024 wef 07/08/2025] ( c ) [ Deleted by Act 4 of 2024 wef 07/08/2025 ] (2) The members of the Legal Committee, other than the Mufti, must be appointed by the President of Singapore on the advice of the Majlis for such period as he or she thinks fit. (3) A notification of every such appointment must be published in the Gazette . (4) The Mufti is to be the chairperson of the Legal Committee. (5) The President of Singapore may appoint another person recommended by the Majlis to be the chairperson of the Legal Committee in the absence of the Mufti or if the Mufti is unable to act for any reason. (6) The chairperson and 2 other members of the Legal Committee, one of whom must not be a member of the Majlis, form a quorum. (7) Subject to the provisions of this Act, the Legal Committee may regulate its own procedure. (8) The members of the Legal Committee are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: amla-1966
provision_ref: s32
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 32
title: Ruling of Legal Committee (Fatwa)
content:
32. —(1) Any person may, by letter addressed to the Chief Executive, request the Majlis to issue a fatwa or ruling on any point of the Muslim law. [33/2017] (2) On receiving any such request, the Chief Executive must forthwith submit the same to the chairperson of the Legal Committee. [33/2017] (3) The Legal Committee must consider every such request, unless in its opinion the question referred to it is frivolous. [Act 4 of 2024 wef 07/08/2025] (3A) After considering the request, the Legal Committee may, if it thinks that it is appropriate or necessary, prepare a draft ruling in relation to or as a result of the request. [Act 4 of 2024 wef 07/08/2025] (4) If such draft ruling is unanimously approved by the Legal Committee or those members thereof present and entitled to vote, the chairperson must on behalf and in the name of the Majlis forthwith issue a ruling in accordance therewith. (5) If in any such case the Legal Committee is not unanimous, the question must be referred to the Majlis, which must in like manner issue its ruling in accordance with the opinion of the majority of its members. (6) The Majlis may at any time of its own motion make and publish any such ruling or determination. (7) If in any court any question of the Muslim law falls for decision, and such court requests the opinion of the Majlis on the question, the question must be referred to the Legal Committee which must, for and on behalf and in the name of the Majlis, give its opinion thereon in accordance with the opinion of the majority of its members, and certify such opinion to the requesting court. (8) For the purposes of subsection (7), “court” includes the Syariah Court constituted under this Act.


document_id: amla-1966
provision_ref: s33
chapter: PART 2 - MAJLIS UGAMA ISLAM
section: 33
title: Authorities to be followed
content:
33. —(1) Subject to this section, the Majlis and the Legal Committee in issuing any ruling must ordinarily follow the tenets of the Shafi’i school of law. (2) If the Majlis or the Legal Committee considers that the following of the tenets of the Shafi’i school of law will be opposed to the public interest, the Majlis may follow the tenets of any of the other accepted schools of Muslim law as may be considered appropriate, but in any such ruling the provisions and principles to be followed must be set out in full detail and with all necessary explanations. (3) In any case where the ruling or opinion of the Majlis or the Legal Committee is requested in relation to the tenets of a particular school of Muslim law, the Majlis or the Legal Committee must give its ruling or opinion in accordance with the tenets of that particular school of Muslim law.


document_id: amla-1966
provision_ref: s34
chapter: PART 3 - THE SYARIAH COURT
section: 34
title: Constitution of Syariah Court
content:
34. The President of Singapore may by notification in the Gazette constitute a Syariah Court for Singapore (called in this Part the Court).


document_id: amla-1966
provision_ref: s34A
chapter: PART 3 - THE SYARIAH COURT
section: 34A
title: Appointment of presidents and ad-hoc presidents
content:
34A. —(1) The President of Singapore may appoint one or more presidents of the Court and may designate one of the presidents to be the senior president of the Court. (2) Every proceeding in the Court and all business arising thereout must, except as otherwise provided by any written law, be heard and disposed of before a president of the Court. (3) The distribution of business among the presidents of the Court must be made in accordance with such directions, which may be of a general or a particular nature, as may be given by the senior president of the Court. (4) In order to facilitate the disposal of business in the Court, the President of Singapore may appoint one or more ad‑hoc presidents of the Court for such period or periods as the President of Singapore thinks fit. (5) An ad-hoc president may, in such case as the senior president of the Court may specify, exercise all the powers and perform the functions of a president of the Court. (6) Anything done by an ad‑hoc president acting in accordance with the terms of his or her appointment has the same validity and effect as if done by a president of the Court. (7) The senior president of the Court may issue such directions relating to the practice of the Court as he or she thinks fit.


document_id: amla-1966
provision_ref: s34B
chapter: PART 3 - THE SYARIAH COURT
section: 34B
title: Appointment of registrar and deputy registrar
content:
34B. —(1) The President of Singapore may appoint a registrar and one or more deputy registrars of the Court. [33/2017] (2) The registrar of the Court — ( a ) may transact all of the business which may be transacted, and exercise all of the jurisdiction and powers which may be exercised, by a president of the Court under sections 40, 43A, 43B, 47(5) and 50; and ( b ) has such other jurisdiction, powers and duties as may be prescribed in this Act or under any rules made under section 145. [33/2017] (3) Subject to this Act, the jurisdiction, powers and duties of the registrar of the Court may be exercised by a deputy registrar of the Court. [33/2017]


document_id: amla-1966
provision_ref: s35
chapter: PART 3 - THE SYARIAH COURT
section: 35
title: Jurisdiction
content:
35. —(1) The Court has jurisdiction throughout Singapore. (2) Subject to subsection (3), the Court has jurisdiction to hear and determine all actions and proceedings in which all the parties are Muslims or where the parties were married under the provisions of the Muslim law and which involve disputes relating to — ( a ) marriage; ( b ) divorces known in the Muslim law as fasakh, cerai taklik, khuluk and talak; ( c ) betrothal or nullity of marriage; [Act 4 of 2024 wef 01/07/2024] ( ca ) the custody, care and control, access or maintenance of minor children of the parties on divorce or nullification of marriage; [Act 4 of 2024 wef 01/07/2024] ( d ) the disposition or division of property on divorce or nullification of marriage; or ( e ) the payment of emas kahwin, marriage expenses (hantaran belanja), maintenance and consolatory gifts or mutaah. [33/2017] (3) Where any action or proceeding mentioned in subsection (2) is commenced on or after 22 October 2018, the Court has jurisdiction under that subsection to hear and determine that action or proceeding only if either party to the marriage — ( a ) is domiciled in Singapore at the time that action or proceeding is commenced; or ( b ) is habitually resident in Singapore for a period of at least 3 years immediately before that action or proceeding is commenced. [33/2017] (4) In all questions regarding betrothal, marriage, dissolution of marriage, including talak, cerai taklik, khuluk and fasakh or nullity of marriage, the custody, care and control, access or maintenance of minor children on divorce or nullification of marriage, the appointment of hakam, the disposition or division of property on divorce or nullification of marriage, the payment of emas kahwin, marriage expenses (hantaran belanja) and consolatory gifts or mutaah and the payment of maintenance on divorce, the rule of decision where the parties are Muslims or were married under the provisions of the Muslim law is, subject to the provisions of this Act, to be the Muslim law, as varied where applicable by Malay custom. [Act 4 of 2024 wef 01/07/2024] (5) For the purposes of subsection (3), a person who is a citizen of Singapore is presumed to be domiciled in Singapore, until the contrary is proved. [33/2017]


document_id: amla-1966
provision_ref: s35A
chapter: PART 3 - THE SYARIAH COURT
section: 35A
title:
Permission to commence or to continue civil proceedings involving disposition or division of property on divorce or custody of children

content:
35A. —(1) Any person who, on or after the commencement of proceedings for divorce in the Court or after the making of a decree or order for divorce by the Court or on or after the registration of a divorce under section 102, intends to commence civil proceedings in any court involving any matter relating to the disposition or division of property on divorce or custody of any child where the parties are Muslims or were married under the provisions of the Muslim law, must apply to the Court for permission to commence the civil proceedings. [Act 25 of 2021 wef 01/04/2022] (2) Where proceedings for divorce are commenced in the Court or a decree or order for divorce is made by the Court or a divorce is registered under section 102 after civil proceedings between the same parties are commenced in any court involving any matter relating to the custody of any child, any party who intends to continue the civil proceedings must apply to the Court for permission to continue the civil proceedings. [Act 25 of 2021 wef 01/04/2022] (3) The Court must not grant permission to commence the civil proceedings under subsection (1) or to continue the civil proceedings under subsection (2) unless the Court is satisfied that every party who will be affected by such permission has been notified of the application at least 7 days before the grant of such permission. [Act 25 of 2021 wef 01/04/2022] (4) The Court is to, if it grants the application for permission under subsection (1) or (2), issue a commencement certificate or a continuation certificate, respectively, to the applicant — ( a ) not later than 21 days after granting such permission; or [Act 25 of 2021 wef 01/04/2022] ( b ) where an appeal against the grant of such permission has been made under section 55, when the decision of the Court to grant such permission has been confirmed on appeal or the appeal has been discontinued. [Act 25 of 2021 wef 01/04/2022] (5) This section does not apply if the parties to the civil proceedings — ( a ) mentioned in subsection (1) consent to the commencement of the civil proceedings, or mentioned in subsection (2) consent to the continuation of the civil proceedings; and ( b ) mentioned in subsection (1) or (2) have obtained a certificate of attendance issued under subsection (7). (6) Parties mentioned in subsection (1) or (2) must, before commencing or continuing (as the case may be) the civil proceedings by consent, attend counselling provided by such person as the Court may appoint. (7) The Court is to, after any party has been counselled under subsection (6), issue a certificate of attendance to that party. (8) For the purposes of this section, any reference to the registration of a divorce, or to a divorce that is registered, under section 102 is to be construed as a reference to the registration of a divorce or to a divorce that is registered under that section before 1 March 2009. [Act 25 of 2021 wef 01/04/2022]


document_id: amla-1966
provision_ref: s35B
chapter: PART 3 - THE SYARIAH COURT
section: 35B
title: Oral hearing not needed generally
content:
35B. —(1) Subject to subsection (2), the Court or an Appeal Board may decide any matter in its jurisdiction without hearing oral arguments, other than a matter prescribed by any rules made under section 145. (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an action) to be conducted without an oral hearing, unless all the parties consent. (3) Subject to subsection (4), the Court or an Appeal Board may, in any matter that the Court or Appeal Board may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communications as directed by the Court or Appeal Board. (4) The Court or an Appeal Board must not hear a matter in an asynchronous manner if to do so would be inconsistent with the duty of the Court or Appeal Board to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of the Court or an Appeal Board to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 11 of 2022 wef 30/11/2022]


document_id: amla-1966
provision_ref: s36
chapter: PART 3 - THE SYARIAH COURT
section: 36
title: Stay of proceedings involving certain matters
content:
36. —(1) The Court must stay proceedings before it — ( a ) involving any matter in respect of which it has issued a certificate under section 35A(4), upon issuing the certificate; ( b ) involving any matter relating to maintenance of any wife during the subsistence of the marriage, if it comes to the knowledge of the Court that civil proceedings relating to maintenance of the wife have been commenced in any court between the same parties before, on or after the commencement of the proceedings before it; ( c ) involving any matter relating to the maintenance of any child of the parties, if it comes to the knowledge of the Court that civil proceedings relating to the maintenance of the child have been commenced in any court between the same parties before, on or after the commencement of the proceedings before it; ( d ) to which section 35A(1) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been commenced in any court by the consent of the parties; or ( e ) to which section 35A(2) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been continued in any court by the consent of the parties. (2) Where permission granted by the Court under section 35A is reversed on appeal under section 55, the Court may restore any proceedings which have been stayed under subsection (1)( a ). [Act 25 of 2021 wef 01/04/2022] (3) Nothing in this section prevents the Court from exercising its powers under sections 51(2) and 52(1), (2) and (3)( a ) and ( b ).


document_id: amla-1966
provision_ref: s36A
chapter: PART 3 - THE SYARIAH COURT
section: 36A
title:
Court may prohibit, etc., further applications or documents where order has been made in relevant proceedings

content:
36A. —(1) This section applies where an order (called in this section a relevant order) has been made by the Court in any proceedings over which the Court exercises jurisdiction under section 35 (called in this section the relevant proceedings). (2) Where the Court is satisfied that an application (called in this subsection Application A) to vary, suspend, discharge, rescind, set aside or revoke a relevant order, or any document in support of Application A, if filed by a party, will or is likely to — ( a ) be without merit, having regard to the party’s past conduct in the relevant proceedings or any other proceedings before the Court involving facts or reliefs that are the same as or similar to those in the relevant proceedings; or ( b ) where a child is or was a party to, or a subject of, the relevant proceedings or the proceedings in Application A — have an adverse effect on the welfare of the child, the Court may make one or more orders to prohibit the party, without the permission of the Court — ( c ) from filing Application A or any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, or from filing any document in support of any such application; or ( d ) from filing any application to amend, vary or discharge an order mentioned in paragraph ( c ). (3) Where the Court is satisfied that an application (called in this subsection Application B) filed by a party on or after the date of commencement of section 9 of the Administration of Muslim Law (Amendment) Act 2024 to vary, suspend, discharge, rescind, set aside or revoke a relevant order, or any document filed in support of Application B, will or is likely to be of the nature or have the effect mentioned in subsection (2)( a ) or ( b ) in relation to a child who is or was a party to, or a subject of, the relevant proceedings or the proceedings in Application B, the Court may make one or more of the following orders: ( a ) an order that Application B be treated as dismissed or the document filed in support of it be treated as expunged (as the case may be) on a date specified by the Court, if the party does not comply by that date with any condition imposed by the Court; ( b ) an order staying the proceedings in Application B until the specified date mentioned in paragraph ( a ); ( c ) an order prohibiting the party from filing, without the permission of the Court — (i) any document in support of Application B; (ii) any other application, or document in support of any other application, to vary, suspend, discharge, rescind, set aside or revoke the relevant order; or (iii) any application to amend, vary or discharge an order mentioned in sub‑paragraph (i) or (ii) or paragraph ( a ) or ( b ). [Act 4 of 2024 wef 03/03/2025]


document_id: amla-1966
provision_ref: s36B
chapter: PART 3 - THE SYARIAH COURT
section: 36B
title: Court may prohibit, etc., further applications or documents in pending proceedings
content:
36B. —(1) This section applies where any proceedings over which the Court exercised jurisdiction under section 35 (whether commenced before, on or after the date of commencement of section 9 of the Administration of Muslim Law (Amendment) Act 2024) are pending before the Court (called in this section the pending proceedings). (2) Where the Court is satisfied that the filing of an application (called in this subsection Application C) by a party in the pending proceedings, or any document in support of Application C, will or is likely to — ( a ) impede the just, expeditious or economical resolution or disposal of any matter in the pending proceedings; or ( b ) where a child is a party to, or a subject of, the pending proceedings — have an adverse effect on the welfare of the child, the Court may make one or more orders to prohibit the party, without the permission of the Court — ( c ) from filing Application C or any other application in the pending proceedings, or from filing any document in support of any such application; or ( d ) from filing any application to amend, vary or discharge an order made under paragraph ( c ). (3) Where the Court is satisfied that an application (called in this subsection Application D) filed by a party on or after the date of commencement of section 9 of the Administration of Muslim Law (Amendment) Act 2024 in the pending proceedings, or any document filed in support of Application D, will or is likely to be of the nature or have the effect mentioned in subsection (2)( a ) or ( b ) in relation to a child who is a party to, or a subject of, the pending proceedings, the Court may make one or more of the following orders: ( a ) an order that Application D be treated as dismissed or the document filed in support of it be treated as expunged (as the case may be) on a date specified by the Court, if the party does not comply by that date with any condition imposed by the Court; ( b ) an order staying the proceedings in Application D until the specified date mentioned in paragraph ( a ); ( c ) an order prohibiting the party from filing, without the permission of the Court — (i) any document in support of Application D; (ii) any other application, or document in support of such application, in the pending proceedings; or (iii) any application to amend, vary or discharge an order mentioned in sub‑paragraph (i) or (ii) or paragraph ( a ) or ( b ). [Act 4 of 2024 wef 03/03/2025]


document_id: amla-1966
provision_ref: s36C
chapter: PART 3 - THE SYARIAH COURT
section: 36C
title: Orders under section 36A or 36B
content:
36C. —(1) An order prohibiting the filing of any application or document under section 36A(2)( c ) or (3)( c )(i) or (ii) or 36B(2)( c ) or (3)( c )(i) or (ii) may be of a general or particular nature. (2) Any application filed by a party, or any document filed in support of such an application, contrary to an order under section 36A(2)( c ) or ( d ) or (3)( c ) or 36B(2)( c ) or ( d ) or (3)( c ), is to be treated as dismissed or expunged — ( a ) without the Court having to make any further order; and ( b ) without the need for any other party to be heard on the merits of that application. (3) To avoid doubt, an order under section 36A(2)( c ) or ( d ) or (3)( c ) or 36B(2)( c ) or ( d ) or (3)( c ) does not prohibit the filing of an application for any permission required by the order. [Act 4 of 2024 wef 03/03/2025]


document_id: amla-1966
provision_ref: s37
chapter: PART 3 - THE SYARIAH COURT
section: 37
title: Seal of Court
content:
37. —(1) The Court is to have and use such seal or stamp as the Minister may approve. (2) Every summons and other process of the Court must issue under the seal of the Court and the signature of the registrar thereof.


document_id: amla-1966
provision_ref: s38
chapter: PART 3 - THE SYARIAH COURT
section: 38
title: Language and record
content:
38. —(1) The languages of the Court are the national language and English. (2) All documents and written proceedings may be written or typewritten in the national language (Jawi or Rumi script). (3) The Court is to keep and maintain full and proper records of all proceedings therein and full and proper accounts of all financial transactions of the Court.


document_id: amla-1966
provision_ref: s39
chapter: PART 3 - THE SYARIAH COURT
section: 39
title: Representation
content:
39. Every party to any proceedings must appear in person or by advocate and solicitor or by an agent, generally or specially authorised to do so by the Court.


document_id: amla-1966
provision_ref: s40
chapter: PART 3 - THE SYARIAH COURT
section: 40
title: Issue of warrant in lieu of or in addition to summons
content:
40. The Court may, in any case in which it or a Kadi or Naib Kadi is empowered to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his or her arrest if — ( a ) either before the issue of the summons or after the issue of the summons but before the time fixed for his or her appearance the Court has reason to believe that he or she has absconded or will not obey the summons; or ( b ) if at the time fixed for his or her appearance he or she fails to appear and the summons is proved to have been duly served in time to admit of his or her appearing in accordance therewith and no reasonable excuse is offered for such failure.


document_id: amla-1966
provision_ref: s41
chapter: PART 3 - THE SYARIAH COURT
section: 41
title: Reciprocal arrangements with States of Malaysia
content:
41. —(1) Where under the provisions of any law in force in any of the States of Malaysia a Kadi has issued a summons requiring any person to appear before any Muslim religious court in any of the States of Malaysia, and such person is or is believed to be in Singapore, any president of the Court may endorse the summons with his or her name, and such summons may then be served on such person as if it were a summons issued by the Court under the provisions of this Act. (2) Where under the provisions of any law in force in any of the States of Malaysia a summons issued by the Court or a Kadi in Singapore has been endorsed by a Kadi in such State and served on the person summoned, such summons is for the purposes of this Act deemed to have been as validly served as if such service had been effected in Singapore. (3) For the purposes of this section, Kadi includes a Chief Kadi, a Kadi Besar, an Assistant Kadi or a Naib Kadi.


document_id: amla-1966
provision_ref: s42
chapter: PART 3 - THE SYARIAH COURT
section: 42
title: Evidence
content:
42. —(1) The Court is to have regard to the law of evidence for the time being in force in Singapore, and is to be guided by the principles thereof, but is not obliged to apply the same strictly. (2) The Court may administer oaths and affirmations. (3) Evidence must ordinarily be given on oath in a form binding upon Muslims, but the Court may on special grounds dispense with an oath and take evidence on affirmation. Such affirmation must be in accordance with the Oaths and Declarations Act 2000. (4) Whether on oath or on affirmation a witness is bound to state the truth. (5) If in the opinion of the Court any witness has wilfully given false evidence in any proceedings, the Court may report the matter to the Public Prosecutor.


document_id: amla-1966
provision_ref: s43
chapter: PART 3 - THE SYARIAH COURT
section: 43
title: Powers of Court
content:
43. —(1) The Court has the following powers: ( a ) to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses as the Court may think it necessary or desirable to procure or examine; ( b ) to require the evidence, whether written or oral, of any witness to be made on oath or affirmation or by statutory declaration; ( c ) to summon any person to attend before the Court or to give evidence or produce any document or other thing in his or her possession and to examine him or her as a witness or require him or her to produce any document or other thing in his or her possession; ( d ) to issue a warrant of arrest to compel the attendance of any person who, after being summoned to attend, fails to do so and who does not excuse such failure to the satisfaction of the Court and to order him or her to pay all costs which may have been occasioned in compelling his or her attendance or by reason of his or her refusal to obey the summons; ( e ) to exercise the powers of a Magistrate’s Court for the purpose of giving effect to a warrant of arrest or an order of imprisonment. [Act 4 of 2024 wef 03/03/2025] (2) Without limiting subsection (1) and subject to subsection (3), the Court may, on its own motion, in the course of any proceedings, make an order on any issue arising in a cause or matter, including an order of a substantive nature, which the Court has the power to make on the application of any person. [Act 4 of 2024 wef 03/03/2025] (3) The Court must not make an order of a substantive nature on the basis of subsection (2) unless — ( a ) every person likely to be affected by the order has been given an opportunity to be heard concerning the order; and ( b ) the Court is satisfied that it is in the interests of justice to make the order. [Act 4 of 2024 wef 03/03/2025] (4) In subsection (2), “proceedings” means any proceedings — ( a ) over which the Court has jurisdiction under section 35; and ( b ) that are commenced on or after the date of commencement of section 10 of the Administration of Muslim Law (Amendment) Act 2024. [15/2010; 33/2017] [Act 4 of 2024 wef 03/03/2025]


document_id: amla-1966
provision_ref: s43A
chapter: PART 3 - THE SYARIAH COURT
section: 43A
title: Court may refer parties for counselling, etc.
content:
43A. —(1) The Court before which any matter mentioned in section 35(2), 46B, 47, 48, 49, 51 or 52 is heard may, if the Court considers that doing so is in the interests of any of the parties or their children — ( a ) order any of the parties or their children to attend counselling provided by a person the Court appoints, or advise any of the parties or their children to attend a family support programme or activity; or ( b ) advise any person falling within a prescribed class of persons to attend a family support programme or activity. [Act 11 of 2022 wef 03/03/2025] (2) Where the Court has made an order or given advice under subsection (1)( a ), the parties must comply with the order or advice. [Act 11 of 2022 wef 03/03/2025] (3) If any order or advice under subsection (1)( a ) is not complied with, the Court may make such further orders as the Court thinks fit. [Act 11 of 2022 wef 03/03/2025] (4) The further orders that the Court may make under subsection (3) include the following: ( a ) an order that the proceedings be stayed until all of the parties or their children who have been ordered by the Court under subsection (1)( a ) to attend counselling, or advised to attend a family support programme or activity, have done so; ( b ) such order as to costs as the Court thinks appropriate against the party who fails to comply with the order under subsection (1)( a ). [Act 11 of 2022 wef 03/03/2025] (5) Anything said, any document prepared, and any information provided, by any person for the purposes of or in the course of any counselling or any family support programme or activity under this section is not to be admitted in evidence in the Court or any court. [33/2017] (6) [ Deleted by Act 11 of 2022 wef 03/03/2025 ] (7) In this section, “family support programme or activity” means any programme or activity carried out for the purpose of addressing or resolving any relationship issue or relationship problem between spouses or former spouses, between siblings or between parent and child. [33/2017]


document_id: amla-1966
provision_ref: s43B
chapter: PART 3 - THE SYARIAH COURT
section: 43B
title: Examination and assessment of child
content:
43B. —(1) In any proceedings before the Court involving the custody or welfare of a child, the Court may, on the application of any party to those proceedings or on its own motion, appoint a registered medical practitioner, psychologist, counsellor, social worker or mental health professional to examine and assess the child for the purposes of preparing expert evidence for use in those proceedings. [33/2017] (2) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional who is not appointed by the Court under subsection (1) examines or assesses the child, no evidence arising out of that examination or assessment may be adduced in those proceedings without the permission of the Court. [33/2017] [Act 25 of 2021 wef 01/04/2022] (3) A registered medical practitioner, psychologist, counsellor, social worker or mental health professional appointed under subsection (1) may make such enquiries relevant to the examination and assessment of the child as may be provided for under rules made under section 145. [33/2017]


document_id: amla-1966
provision_ref: s43C
chapter: PART 3 - THE SYARIAH COURT
section: 43C
title: Programmes for children
content:
43C. —(1) In any proceedings for divorce or nullity of marriage where there is a child of the parties, the Court may advise one or both parties to secure the child’s completion of a programme for children. (2) Advice under subsection (1) may be given at any stage of the proceedings for divorce or nullity of marriage. (3) Where the Court has given advice under subsection (1), every party to whom the advice was given must comply with the advice. (4) If any advice under subsection (1) is not complied with, the Court may make any order it sees fit. (5) In this section, “programme for children” means any programme, counselling, psychological service, assessment or other activity — ( a ) carried out for the purpose of helping a child handle the impact of the dissolution or annulment of his or her parents’ marriage; and ( b ) the form, contents and duration of which are determined by the Minister. [Act 11 of 2022 wef 03/03/2025]


document_id: amla-1966
provision_ref: s44
chapter: PART 3 - THE SYARIAH COURT
section: 44
title: Adjournment
content:
44. —(1) The Court may for sufficient reason adjourn any proceeding from time to time and from place to place. (2) Subject to subsection (1), proceedings in the Court must be held in the court house of the Court.


document_id: amla-1966
provision_ref: s45
chapter: PART 3 - THE SYARIAH COURT
section: 45
title: Time
content:
45. The Court may fix, and may at any time extend or abridge, the time for doing any act or thing, and in default of compliance with any order so made may proceed as if the party in default had not appeared.


document_id: amla-1966
provision_ref: s45A
chapter: PART 3 - THE SYARIAH COURT
section: 45A
title: Court or Appeal Board may conduct hearing through electronic means of communication
content:
45A. —(1) Without limiting section 46, the Court or an Appeal Board may conduct the hearing of any matter or proceeding (other than a matter or proceeding prescribed by any rules made under section 145) through a live video link, a live television link, a live audio link or any other electronic means of communication approved by the senior president of the Court or the person nominated to preside over the Appeal Board under section 55(4), as the case may be. (2) The Court or an Appeal Board must not conduct any part of a hearing through a live audio link, without an accompanying live video link or live television link — ( a ) where oral evidence is given during that part of the hearing (including in a trial of an action) unless all the parties consent; or ( b ) where the matter is prescribed by any rules made under section 145. (3) For the purposes of subsection (2), the Court or Appeal Board is not considered to have conducted a part of a hearing of a matter through a live audio link only and without an accompanying live video link or live television link, by reason only of a temporary disruption in the accompanying live video link or live television link that was insignificant and which did not affect the duty of the Court or Appeal Board to conduct proceedings fairly. (4) The Court or an Appeal Board must not conduct a hearing of a matter or proceeding in the manner provided under subsection (1), if to do so would be inconsistent with the duty of the Court or Appeal Board to ensure that the hearing is conducted fairly to all parties. (5) The Court is deemed to be sitting at the place mentioned in section 44(1) or (2) (as the case may be) when the Court conducts a hearing of a matter or proceeding in the manner provided under subsection (1) (whether any president of the Court, the registrar of the Court or a deputy registrar of the Court is situated in Singapore or outside Singapore). (6) An Appeal Board is deemed to be sitting at the place mentioned in any rules made under this Act when the Appeal Board conducts a hearing of a matter or proceeding in the manner provided under subsection (1) (whether any member of the Appeal Board is situated in Singapore or outside Singapore). [Act 11 of 2022 wef 17/08/2022]


document_id: amla-1966
provision_ref: s46
chapter: PART 3 - THE SYARIAH COURT
section: 46
title: Sittings in private, etc.
content:
46. —(1) Subject to subsection (2), all matters and proceedings in the Court are to be heard in private. [33/2017] [Act 25 of 2021 wef 01/04/2022] (2) The Court has power to hear any matter or part of a matter in public, if the Court is satisfied that it is expedient in the interests of justice, or for other sufficient reason to do so. [33/2017] [Act 25 of 2021 wef 01/04/2022]


document_id: amla-1966
provision_ref: s46A
chapter: PART 3 - THE SYARIAH COURT
section: 46A
title: Activities to be attended before making application to Court for divorce
content:
46A. —(1) A prescribed party in a prescribed circumstance must attend the applicable prescribed activity within the prescribed time. [33/2017] (2) For the purposes of subsection (1), rules made under section 145 may — ( a ) prescribe the applicable prescribed activity for a prescribed party in a prescribed circumstance; and ( b ) prescribe different times for different prescribed parties in different prescribed circumstances. [33/2017] (3) No application for a divorce in accordance with the Muslim law is to be made to the Court, and no cross‑application is to be made in proceedings for a divorce in accordance with the Muslim law, by a prescribed party in a prescribed circumstance, unless the prescribed party — ( a ) has attended the applicable prescribed activity; ( b ) is an excluded party; or ( c ) is allowed by the Court under subsection (4) to do so. [33/2017] (4) Despite subsection (3)( a ) and ( b ), even though a prescribed party in a prescribed circumstance has not attended the applicable prescribed activity and is not an excluded party, the Court may, upon the application of the prescribed party, and on such terms as the Court thinks fit, allow the prescribed party to apply to the Court for a divorce in accordance with the Muslim law. [33/2017] (5) The Court hearing any proceedings for a divorce in accordance with the Muslim law may, if the Court considers that doing so is in the interests of the parties to the marriage or any child of the parties, at any stage in those proceedings order either or both of the parties to the marriage to attend a prescribed activity. [33/2017] [Act 11 of 2022 wef 17/08/2022] (6) Where any party who is required or ordered under this section to attend a prescribed activity fails to do so, the Court may make such orders as the Court thinks fit. [33/2017] (7) Without limiting subsection (6), the orders that the Court may make under that subsection include the following orders: ( a ) a stay of the proceedings for a divorce in accordance with the Muslim law until the defaulting party in that subsection attends the prescribed activity; ( b ) such order as to costs as the Court thinks appropriate against the defaulting party in that subsection. [33/2017] (8) Except as provided in subsection (9), anything said, any document prepared, and any information provided, by any person for the purposes of or in the course of attending a prescribed activity is not to be admitted in evidence in the Court or any court. [33/2017] (9) A parenting plan prepared during a prescribed activity may, with the consent of every party who prepared it, be admitted in evidence in the Court. [33/2017] (10) The Minister may appoint any person to conduct a prescribed activity. [33/2017] (11) No liability shall lie personally against any person appointed under subsection (10) to conduct a prescribed activity who, acting in good faith and with reasonable care, does or omits to do anything for the purposes of that prescribed activity. [33/2017] (12) In this section — “applicable prescribed activity”, in relation to a prescribed party in a prescribed circumstance, means the particular type of prescribed activity that the prescribed party is required under subsection (1) to attend; “application for a divorce in accordance with the Muslim law” includes an application under section 102(5)( b ); “cross‑application”, in relation to proceedings for a divorce in accordance with the Muslim law, includes — ( a ) an application under section 102(5)( b ) made while those proceedings are pending; or ( b ) if those proceedings are proceedings relating to an application under section 102(5)( b ) — an application for a divorce in accordance with the Muslim law that is made while those proceedings are pending; “excluded party” means a prescribed party who is prescribed by rules made under section 145 as exempt from subsection (1); “parenting plan” means a proposal prepared by either party to a marriage, or an agreement prepared by both parties to a marriage, on the arrangements for the welfare of every dependent child of the parties; [Act 11 of 2022 wef 17/08/2022] “prescribed activity” means an activity (such as counselling) that is prescribed, by rules made under section 145, for the purposes of this section; “prescribed circumstance” means a circumstance, prescribed by rules made under section 145, in which a prescribed party is required under subsection (1) to attend a prescribed activity; “prescribed party” means a party to a marriage who is prescribed, by rules made under section 145, for the purposes of this section; “proceedings for a divorce in accordance with the Muslim law” includes any proceedings relating to an application under section 102(5)( b ). [33/2017]


document_id: amla-1966
provision_ref: s46B
chapter: PART 3 - THE SYARIAH COURT
section: 46B
title: Divorce by husband’s pronouncement
content:
46B. —(1) A married man may apply to the Court for a divorce in accordance with the Muslim law. [33/2017] (2) Upon receiving an application under subsection (1), the Court must cause a summons to be served on the wife concerned. [33/2017] (3) If the man pronounces a divorce, and the Court is satisfied that the divorce is valid in accordance with the Muslim law, the Court must cause the divorce to be registered. [33/2017] [Act 11 of 2022 wef 30/11/2022]


document_id: amla-1966
provision_ref: s47
chapter: PART 3 - THE SYARIAH COURT
section: 47
title: Divorce at wife’s request
content:
47. —(1) A married woman may apply to the Court for a divorce in accordance with the Muslim law. (2) In any such case, the Court must cause a summons to be served on the husband and enquire whether he consents to the divorce. [33/2017] (3) If the husband so consents, the Court must cause the husband to pronounce a divorce and cause the divorce to be registered. [Act 11 of 2022 wef 30/11/2022] (4) If the husband does not agree to divorce the wife, but the parties agree to a divorce by redemption (khuluk), the Court may assess the amount of payment to be made by the wife in accordance with the status and means of the parties and must thereupon cause the husband to pronounce a divorce by redemption and, on payment of the amount so assessed, cause the divorce to be registered. [Act 11 of 2022 wef 30/11/2022] (5) If the husband does not agree to a divorce by khuluk, the Court may appoint a hakam in accordance with section 50. [33/2017] (6) For the purposes of this section and sections 48 and 49, “married woman” includes a woman against whom a talak has been pronounced by her husband.


document_id: amla-1966
provision_ref: s48
chapter: PART 3 - THE SYARIAH COURT
section: 48
title: Cerai taklik
content:
48. —(1) A married woman may, if entitled in accordance with the Muslim law to a divorce pursuant to the terms of a written taklik made at or after her marriage, apply to the Court to declare that such divorce has taken place. (2) The Court must — ( a ) examine the written taklik and make such enquiry as appears necessary into the validity of the divorce; ( b ) if satisfied that the divorce is valid in accordance with the Muslim law, confirm the divorce; and ( c ) cause the divorce to be registered. [Act 11 of 2022 wef 30/11/2022]


document_id: amla-1966
provision_ref: s49
chapter: PART 3 - THE SYARIAH COURT
section: 49
title: Fasakh
content:
49. —(1) A married woman is entitled to apply to the Court for and obtain a decree of fasakh on any one or more of the following grounds: ( a ) that the husband has neglected or failed to provide for her maintenance for a period of 3 months; ( b ) that the husband has been sentenced to imprisonment for a period of 3 years or upwards and such sentence has become final; ( c ) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of one year; ( d ) that the husband was impotent at the time of the marriage and continues to be so; ( e ) that the husband is insane or is suffering from some chronic disease the cure of which would be lengthy or impossible and which is such as to make the continuance of the marriage relationship injurious to her; ( f ) that the husband treats her with cruelty, that is to say — (i) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill‑treatment; (ii) associates with women of ill repute or leads an infamous life; (iii) attempts to force her to lead an immoral life; (iv) obstructs her in the observance of her religious profession or practice; (v) lives and cohabits with another woman who is not his wife; or (vi) if he has more wives than one, does not treat her equitably in accordance with the requirements of the Muslim law; ( g ) on any other ground which is recognised as valid for the dissolution of marriage by fasakh under the Muslim law. (2) Before passing a decree on ground ( d ) of subsection (1), the Court may, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of the order that he has ceased to be impotent and if the husband so satisfies the Court within such period no decree may be passed on that ground. (3) Upon receiving such application the Court is to cause a summons to be served upon the husband of the woman. (4) The Court must then record the sworn statement of the woman and at least 2 witnesses and may then, if satisfied that the woman is entitled to a decree of fasakh in accordance with subsection (1), make a decree of fasakh accordingly. (5) The Court making an order or decree under this section must immediately cause such order or decree to be registered. (6) The registration under subsection (5) of any order or decree made on or after 30 November 2022 does not require any signature. [Act 4 of 2024 wef 01/07/2024] (7) Subsections (1)( g ), (3) to (6) apply, with the necessary modifications, to a married man as they apply to a married woman.


document_id: amla-1966
provision_ref: s50
chapter: PART 3 - THE SYARIAH COURT
section: 50
title: Appointment of hakam
content:
50. —(1) Before the making of an order or decree for talak, fasakh, cerai taklik or khuluk, the Court may appoint in accordance with the Muslim law 2 hakam to act for the husband and wife respectively. [33/2017] [Act 11 of 2022 wef 30/11/2022] (2) In making such appointment, the Court may if it considers fit give preference to close relatives of the parties having knowledge of the circumstances of the case. [33/2017] [Act 11 of 2022 wef 30/11/2022] (3) The Court may give directions to the hakam as to the conduct of the proceedings and they must conduct it in accordance with such directions and according to the Muslim law. [33/2017] [Act 11 of 2022 wef 30/11/2022] (4) If the Court is not satisfied with the conduct of the proceedings by the hakam, the Court may remove one or both of the hakam and appoint other hakam in their place. [33/2017] [Act 11 of 2022 wef 30/11/2022] (5) The hakam must endeavour to effect a reconciliation between the parties and must report the result of the proceedings to the Court. [Act 11 of 2022 wef 30/11/2022] (6) The hakam must endeavour to obtain from their respective principals full authority, and may, if their authority extends so far, pronounce a divorce, and must in such event report the same to the Court for registration. [Act 11 of 2022 wef 30/11/2022] (7) Despite subsection (6), the hakam may pronounce a divorce in the absence of full authority from their respective principals if — ( a ) the hakam are of the joint opinion that the parties should be divorced; and ( b ) the Court has conferred authority on the hakam to pronounce a divorce at the time of appointing the hakam. [Act 11 of 2022 wef 30/11/2022] (8) If the hakam appointed under subsection (1) are unable to agree on whether the parties should be divorced and report this to the Court, the Court may appoint other hakam in their place or make such order or give such direction as the Court thinks fit. [Act 11 of 2022 wef 30/11/2022] (9) If the hakam appointed under subsection (4) or (8) are unable to agree on whether the parties should be divorced, the hakam must report this to the Court and the Court may make such order or give such direction as the Court thinks fit. [Act 11 of 2022 wef 30/11/2022] (10) To avoid doubt, this section applies to the hakam appointed under subsection (4) or (8) as it applies to the hakam appointed under subsection (1). [Act 11 of 2022 wef 30/11/2022] (11) Where a divorce is pronounced by the hakam under subsection (6) or (7), the Court is to make a decree of divorce and cause the decree to be registered. [33/2017] [Act 11 of 2022 wef 30/11/2022]


document_id: amla-1966
provision_ref: s51
chapter: PART 3 - THE SYARIAH COURT
section: 51
title: Maintenance of wife
content:
51. —(1) A married woman may, by application to the Court, obtain an order against her husband for the payment from time to time of her maintenance and the provision of necessary clothing and suitable lodging in accordance with the Muslim law. (2) A woman who has been divorced may, by application to the Court, obtain an order against her former husband for the payment from time to time of her maintenance and the provision of necessary clothing and suitable lodging for the period of her iddah. (3) A woman who has been divorced and who is not or has ceased to be entitled to an order for maintenance under subsection (2) may apply to the Court and the Court may, if satisfied that it is just and proper to do so in view of all the circumstances of the case, make an order against the former husband for the payment by him of such sums for such period as the Court considers fit. (4) The Court may vary or rescind any order made under this section on the application of the person in whose favour or against whom the order was made where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances, or for other good cause being shown to the satisfaction of the Court. (5) Any person who fails to comply with an order of the Court made under this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.


document_id: amla-1966
provision_ref: s52
chapter: PART 3 - THE SYARIAH COURT
section: 52
title: Provisions consequent on matrimonial proceedings
content:
52. —(1) The Court has power to inquire into and adjudicate upon claims by married women or women who have been divorced for payment of her emas kahwin and marriage expenses (hantaran belanja). (2) A woman who has been divorced by her husband may apply to the Court for a consolatory gift or mutaah and the Court may, after hearing the parties, order payment of such sum as may be just and in accordance with the Muslim law. (3) The Court may, at any stage of the proceedings for divorce or nullity of marriage or after making a decree or order for divorce or nullity of marriage, or after any divorce has been registered under section 102 before 1 March 2009, on the application of any party, make such orders as it thinks fit with respect to — ( a ) the payment of emas kahwin and marriage expenses (hantaran belanja) to the wife; ( b ) the payment of a consolatory gift or mutaah to the wife; ( c ) the custody, care and control, access and maintenance of the minor children of the parties; and [Act 4 of 2024 wef 01/07/2024] ( d ) the disposition or division of property on divorce or nullification of marriage. (4) The Court may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under this section. (5) Any order under this section may be made upon such terms and subject to such conditions (if any) as the Court thinks fit. (6) The Court may, on the application of any interested person, vary or rescind any order made under this section where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances, or for other good cause being shown to the satisfaction of the Court. (7) In making any order under subsection (3)( d ), the Court has power to order the disposition or division between the parties of any property or the sale of any such property and the division between the parties of the proceeds of such sale in such proportions as the Court thinks just and equitable. (8) It is the duty of the Court in deciding whether to exercise its powers under subsection (7) and, if so, in what manner, to have regard to all the circumstances of the case, including the following matters: ( a ) the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the property; ( b ) any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the parties; [Act 11 of 2022 wef 17/08/2022] ( c ) the needs of the children (if any) of the parties; [Act 11 of 2022 wef 17/08/2022] ( d ) the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party; ( e ) any agreement between the parties with respect to the ownership and division of the property made in contemplation of divorce; ( f ) any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party; ( g ) the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business; ( h ) the income, earning capacity, property and other financial resources which each of the parties has or is likely to have in the foreseeable future; ( i ) the financial needs, obligations and responsibilities which each of the parties has or is likely to have in the foreseeable future; ( j ) the standard of living enjoyed by the family before the breakdown of the marriage; ( k ) the age of each party and the duration of the marriage; ( l ) any physical or mental disability of either of the parties; ( m ) the value to either of the parties of any benefit (such as a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring. (9) For the purposes of subsection (7), the Court may in particular, but without limiting subsections (4), (5) and (6), make one or more of the following orders: ( a ) an order for the sale of any property or any part thereof, and for the division, vesting or settlement of the proceeds; ( b ) an order vesting any property owned by both parties jointly in both the parties in common in such shares as the Court considers just and equitable; ( c ) an order vesting any property or any part thereof in either party; ( d ) an order for any property, or the sale proceeds thereof, to be vested in any person (including either party) to be held on trust for such period and on such terms as may be specified in the order; ( e ) an order postponing the sale or vesting of any share in any property, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order; ( f ) an order granting to either party, for such period and on such terms as the Court thinks fit, the right personally to occupy the matrimonial home to the exclusion of the other party; ( g ) an order for the payment of a sum of money by one party to the other party. (10) Where, under any order made under this section, one party is or may become liable to pay to the other party a sum of money, the Court may direct that the money must be paid either in one sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions as the Court thinks fit. (11) Where, pursuant to this section, the Court makes an order for the sale of any property and for the division, application or settlement of the proceeds, the Court may appoint a person to sell the property and divide, apply or settle the proceeds accordingly; and the execution of any instrument by the person so appointed has the same force and validity as if it had been executed by the person in whom the asset is vested. (12) Where the Court, by any order under this section, appoints a person (including the registrar or other officer of the Court) to act as a trustee or to sell any property and to divide, apply and settle the proceeds thereof, the Court may make provision in that order for the payment of remuneration to the person and for the reimbursement of the person’s costs and expenses. (13) Any person who fails to comply with an order of the Court made under this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months. (14) For the purposes of this section, “property” means — ( a ) any asset acquired before the marriage by one party or both parties to the marriage which has been substantially improved during the marriage by the other party or by both parties to the marriage; and ( b ) any other asset of any nature acquired during the marriage by one party or both parties to the marriage, but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage.


document_id: amla-1966
provision_ref: s53
chapter: PART 3 - THE SYARIAH COURT
section: 53
title: Enforcement of order
content:
53. —(1) Where the Court has made any of the following orders, whether before, on or after 1 March 2009, such order may be treated as a maintenance order made by a Family Court under the Women’s Charter 1961, including a maintenance order for the purposes of Part 9 of the Women’s Charter 1961, solely for the purpose of the enforcement of that order by the Family Court: ( a ) an order for the payment of maintenance under section 51(1), (2) or (3); ( b ) an order for the payment of a consolatory gift or mutaah under section 52(2) or (3)( b ); ( c ) an order for the maintenance of a minor child under section 52(3)( c ). [27/2014] (2) Where the Court has made any of the following orders, whether before, on or after 1 March 2009, such order may be treated as an order made by a Family Court solely for the purpose of the enforcement of that order by the Family Court: ( a ) an order for the payment of emas kahwin and marriage expenses (hantaran belanja) under section 52(1) or (3)( a ); ( b ) an order for the custody of a minor child under section 52(3)( c ); ( c ) an order for the disposition or division of property under section 52(3)( d ). [27/2014] (3) For the purposes of subsections (1) and (2)( b ), the provisions of the Women’s Charter 1961 apply, with the necessary modifications, to the enforcement of any order of the Court referred to in those provisions by the Family Court. [27/2014] [Act 11 of 2022 wef 02/01/2025] (4) A Family Court has jurisdiction to enforce any order in accordance with this section regardless of the monetary amount involved. [27/2014] (5) [ Deleted by Act 11 of 2022 wef 02/01/2025 ] (6) Where, on or after the commencement of proceedings in a Family Court for the enforcement of an order made by the Syariah Court pursuant to subsection (1) or (2), a party aggrieved by that order has made any application under section 55 or commenced any proceedings in any court affecting that order, the Family Court may, on its own motion or on the application of any party, stay the proceedings for the enforcement of that order on such terms as it thinks fit. [27/2014] (7) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules — ( a ) to regulate and prescribe the procedure and practice to be followed in any proceedings commenced in a Family Court pursuant to subsection (1) or (2); and ( b ) to provide for any matter relating to any such procedure or practice. [27/2014] (8) The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. [27/2014]


document_id: amla-1966
provision_ref: s53A
chapter: PART 3 - THE SYARIAH COURT
section: 53A
title: Execution of deed or indorsement of negotiable instrument
content:
53A. —(1) If a judgment or an order of the Court is for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument, and the party ordered to execute, sign or indorse such instrument is absent, or neglects or refuses to do so, any party interested in having the same executed, signed or indorsed, may prepare a deed, a document or an indorsement of the instrument in accordance with the terms of the judgment or order, and tender the same to the Court for execution upon the proper stamp, if any is required by law. (2) The signature thereof by the registrar or any president of the Court has the same effect as the execution, signing or indorsement thereof by the party ordered to execute. (3) Nothing in this section is to be taken to abridge the powers of a court under section 53. (4) This section and sections 51(4) and (5), 52(6) and (13) and 53 also apply to any judgment or order of the Court made before 1 August 1999.


document_id: amla-1966
provision_ref: s53B
chapter: PART 3 - THE SYARIAH COURT
section: 53B
title: Costs
content:
53B. The Court may order any party to pay any costs of any proceedings under this Part, including travelling and subsistence expenses of the parties and witnesses, and is to itself assess the amount of any costs so ordered to be paid.


document_id: amla-1966
provision_ref: s54
chapter: PART 3 - THE SYARIAH COURT
section: 54
title: Presumption of death
content:
54. —(1) If the husband of any married woman has died or is believed to have died or has not been heard of over a prolonged period, in such circumstances that he might for the purpose of enabling his wife to remarry be presumed in accordance with the Muslim law to be dead, but a death certificate cannot be obtained, the Court may on the application of the wife and after such inquiry as may be proper issue in accordance with the Muslim law a certificate of presumption of the death of the husband and thereafter the wife is at liberty to remarry. (2) Such certificate is deemed to be a certificate of the death of the husband within the meaning of section 97(1)( b )(i).


document_id: amla-1966
provision_ref: s54A
chapter: PART 3 - THE SYARIAH COURT
section: 54A
title: Unauthorised audio or visual recording in proceedings before Court or Appeal Board
content:
54A. —(1) The Court or an Appeal Board may grant or refuse permission to use in proceedings before the Court or Appeal Board, or to bring into the Court or the place of the Appeal Board hearing, a recording device. [Act 11 of 2022 wef 17/08/2022] (2) The Court or Appeal Board may grant permission under subsection (1) subject to such conditions as the Court or Appeal Board thinks proper with respect to the use of any recording made pursuant to that permission. [33/2017] [Act 11 of 2022 wef 17/08/2022] (3) The Court or Appeal Board may withdraw or amend any permission granted under subsection (1), either generally or in relation to any particular part of the proceedings before the Court or Appeal Board. [33/2017] [Act 11 of 2022 wef 17/08/2022] (4) A person 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, if the person — ( a ) uses in proceedings before the Court or an Appeal Board or brings into the Court or the place of the Appeal Board hearing any recording device without permission under subsection (1); or [Act 11 of 2022 wef 17/08/2022] ( b ) uses any recording made pursuant to permission under subsection (1) in contravention of any conditions of that permission. [33/2017] (5) This section does not apply to the making or use of any audio or visual recording for the purposes of official transcripts of proceedings or any other purpose authorised by the Court or Appeal Board. [33/2017] [Act 11 of 2022 wef 17/08/2022] (6) In this section, a recording is made pursuant to permission under subsection (1) if the recording is — ( a ) an audio or visual recording of proceedings before the Court or Appeal Board made by means of a recording device for which that permission was granted; or [Act 11 of 2022 wef 17/08/2022] ( b ) any recording derived directly or indirectly from that audio or visual recording. [33/2017] (7) In this section — “audio or visual recording” means an audio recording, a visual recording, or a recording that comprises both an audio recording and a visual recording, and includes — ( a ) any recording of a temporary nature, including (but not limited to) any such recording for the purposes of contemporaneous or instantaneous publication or transmission; and ( b ) in relation to proceedings before the Court or an Appeal Board, an audio or visual recording of — (i) a person participating in, viewing or listening to proceedings before the Court or Appeal Board; or (ii) a person viewing or listening to an audio or visual recording of proceedings before the Court or Appeal Board; [Act 11 of 2022 wef 17/08/2022] “proceedings before the Court or an Appeal Board” includes proceedings before the Court or an Appeal Board, or any part of the proceedings before the Court or Appeal Board, conducted through any electronic means of communication; [Act 11 of 2022 wef 17/08/2022] “recording device” means any audio recorder, electronic device or other instrument for making an audio or visual recording. [33/2017] [Act 11 of 2022 wef 17/08/2022]


document_id: amla-1966
provision_ref: s54B
chapter: PART 3 - THE SYARIAH COURT
section: 54B
title: Contemptuous behaviour
content:
54B. —(1) The Court or an Appeal Board may by oral order exclude from any proceeding before the Court or Appeal Board any person whose behaviour, in the opinion of the Court or Appeal Board (as the case may be), constitutes any offence mentioned in the following paragraphs, whether or not that person is charged with that offence: ( a ) an offence under section 54A(4); ( b ) any offence under section 175, 178, 179, 180 or 228 of the Penal Code 1871 that is committed before the Court in that proceeding. [33/2017] [Act 11 of 2022 wef 17/08/2022] (2) Any member or officer of the Court or an Appeal Board, and any police officer, may take such steps as are reasonably necessary to enforce an exclusion under subsection (1). [33/2017] [Act 11 of 2022 wef 17/08/2022] (3) In this section, “proceeding before the Court or an Appeal Board” includes proceedings before the Court or an Appeal Board, or any part of the proceedings before the Court or Appeal Board, conducted through any electronic means of communication. [Act 11 of 2022 wef 17/08/2022]


document_id: amla-1966
provision_ref: s55
chapter: PART 3 - THE SYARIAH COURT
section: 55
title: Appeal
content:
55. —(1) An appeal lies to an Appeal Board constituted under this section from any decision of the Court — ( a ) by any person aggrieved by the decision if the amount in issue on appeal is not less than $450; ( b ) in all cases involving any decision as to personal status, by any person aggrieved by the decision; ( c ) in all cases relating to maintenance, by any person aggrieved by the decision; ( d ) in all cases relating to custody of minor children, by any person aggrieved by the decision; ( e ) in all cases relating to the disposition or division of property on divorce or nullification of marriage, by any party aggrieved by the decision; ( f ) to grant or refuse permission to commence or to continue civil proceedings under section 35A, by the other party in the civil proceedings; [Act 25 of 2021 wef 01/04/2022] [Act 4 of 2024 wef 03/03/2025] ( g ) to make an order or orders under section 36A or 36B; or [Act 4 of 2024 wef 03/03/2025] ( h ) in any other case, with the permission of the Appeal Board. [Act 25 of 2021 wef 01/04/2022] [Act 4 of 2024 wef 03/03/2025] (2) No appeal under subsection (1)( a ), ( b ), ( c ), ( d ) or ( e ) lies against a decision of the Court by consent except with the permission of the Appeal Board. [Act 25 of 2021 wef 01/04/2022] (3) The President of Singapore acting on the advice of the Majlis is to, at least once in every 3 years, nominate at least 7 Muslims to form a panel of persons from among whom an Appeal Board of 3 may be constituted from time to time by the President of the Majlis. [33/2017] (4) On any person appealing against a decision of the Court or applying for permission to appeal in accordance with subsection (1) or (2), the President of the Majlis is to select 3 persons to form an Appeal Board to hear such appeal or application for permission to appeal and is to nominate one of such persons to preside over the Appeal Board. [Act 25 of 2021 wef 01/04/2022] (5) On any appeal, an Appeal Board may confirm, reverse or vary the decision of the Court, exercise any such powers as the Court could have exercised, make such order as the Court ought to have made or order a retrial, or award costs if it thinks fit.


document_id: amla-1966
provision_ref: s56
chapter: PART 3 - THE SYARIAH COURT
section: 56
title: Revision
content:
56. —(1) The President of Singapore may in his or her discretion call for the record of any proceedings before the Court, the Registrar, Kadi or Naib Kadi and may refer such record to the Majlis for its consideration. (2) The Majlis may after considering the matter recommend that the decision of the Court, the Registrar, Kadi or Naib Kadi (as the case may be) be reversed, altered or modified and the President of Singapore may thereupon order such decision to be reversed, altered or modified. (3) Every decision when so altered or modified is in its altered or modified form to be held to be valid in all respects as if made by the Court, the Registrar, Kadi or Naib Kadi whose decision has been revised.


document_id: amla-1966
provision_ref: s56A
chapter: PART 3 - THE SYARIAH COURT
section: 56A
title: Decision of Court and Appeal Board to be final
content:
56A. Subject to the provisions of this Act, any decision of the Court or the Appeal Board is final, and no decision or order of the Court or the Appeal Board may be challenged, appealed against, reviewed, quashed or called into question in any court and may not be subject to any Quashing Order, Prohibiting Order, Mandatory Order or injunction in any court on any account.


document_id: amla-1966
provision_ref: s56B
chapter: PART 3 - THE SYARIAH COURT
section: 56B
title: Protection from personal liability
content:
56B. —(1) Subsection (2) applies where an act is done or an omission is made — ( a ) by a president or member of the Court or an Appeal Board, or the registrar or a deputy registrar of the Court, in the discharge of his or her judicial duty, whether or not within the limits of his or her jurisdiction; ( b ) by the Registrar, a Deputy Registrar, a Kadi or a Naib Kadi in the exercise or purported exercise of any of his or her functions under this Act; ( c ) by an authorised person for the purposes of any proceedings before the Court or an Appeal Board, or any mediation or other alternative dispute resolution process related to those proceedings; ( d ) by a child representative appointed to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child — (i) for the purposes of those proceedings; or (ii) in any mediation or other alternative dispute resolution process related to those proceedings; ( e ) by an individual (being a registered medical practitioner, psychologist, counsellor, social worker or mental health professional) appointed by the Court to examine or assess a child for the purposes of preparing expert evidence for use in any proceedings involving the custody or welfare of that child — (i) for the purposes of the examination or assessment; or (ii) for the purposes of preparing the expert evidence for use in those proceedings; or ( f ) by any person in the course of conducting any counselling, family support programme or activity, or programme for children under Part 3. (2) No liability shall lie personally against the person who did the act or made the omission if the act was done or the omission was made in good faith and with reasonable care. (3) No liability shall lie personally against an officer of the Court or an Appeal Board, or any other person expressly authorised by the Court or an Appeal Board, charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the Court or Appeal Board, for the execution of or attempting to execute the writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless he or she knowingly acted in excess of the authority conferred upon him or her by the writ, summons, warrant, order, notice or other mandatory process. (4) The officer or other person mentioned in subsection (3) is not deemed to have acted knowingly in excess of his or her authority merely by reason of the existence of a dispute as to the ownership of any property seized under any enforcement order or writ of distress. (5) No liability shall lie personally against an authorised person for any loss or damage, suffered by any person by reason of any error or omission resulting from — ( a ) any malfunction in any electronic means of communication provided for in this Act, if the malfunction occurred despite the authorised person having acted in good faith and with reasonable care to prevent the malfunction; or ( b ) any fault or failure on the part of the person using the electronic means of communication. (6) In this section — ( a ) a reference to the exercise of a function includes a reference to the exercise of a power or the performance of a duty; and ( b ) “authorised person” means — (i) a member or an officer of the Court or an Appeal Board; (ii) the registrar or a deputy registrar of the Court; (iii) a mediator appointed by the Court; or (iv) any other person expressly authorised by the Court or an Appeal Board to conduct any proceedings before the Court or Appeal Board, or any mediation or other alternative dispute resolution process related to those proceedings. [Act 11 of 2022 wef 30/11/2022]


document_id: amla-1966
provision_ref: s57
chapter: PART 4 - FINANCIAL PROVISIONS
section: 57
title: General Endowment Fund
content:
57. —(1) A fund called the General Endowment Fund is established. (2) Except as otherwise provided under the provisions of this Act, the General Endowment Fund consists of all money and property, movable or immovable, which by the Muslim law or under the provisions of this Act or rules made under subsection (6) accrues or is contributed by any person to the General Endowment Fund. [Act 4 of 2024 wef 01/08/2024] (3) All money and property in the General Endowment Fund are vested in the Majlis which is to administer all such money and property in accordance with the rules made under this Act. [Act 4 of 2024 wef 01/08/2024] (4) Any investments of assets and funds vested in the Majlis under subsection (3) may be sold, realised and disposed of. [Act 4 of 2024 wef 01/08/2024] (5) The Majlis may invest any money or property in the General Endowment Fund in accordance with both the Muslim law and the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [Act 4 of 2024 wef 01/08/2024] (6) Subject to the provisions of this Act, the Majlis, with the approval of the Minister, may make rules for the collection, administration and distribution of all property of the General Endowment Fund. [Act 4 of 2024 wef 01/08/2024]


document_id: amla-1966
provision_ref: s58
chapter: PART 4 - FINANCIAL PROVISIONS
section: 58
title: Wakaf or nazar am
content:
58. —(1) Where, after 1 July 1968, any Muslim person dies in such circumstances that, under the provisions of the Muslim law, his or her property would vest in, or become payable to, the Baitulmal, the property of that person, pursuant to such provisions, is to vest in and become payable to the Majlis and form part of the General Endowment Fund. [Act 4 of 2024 wef 01/08/2024] (2) Despite any provision to the contrary in any written law or in any instrument or declaration creating, governing or affecting the same, the Majlis is to administer all wakaf, whether wakaf ‘am or wakaf khas, all nazar am, and all trusts of every description creating any charitable trust for the support and promotion of the Muslim religion or for the benefit of Muslims in accordance with the Muslim law to the extent of any property affected thereby and situate in Singapore. (3) Section 23 of the Civil Law Act 1909 does not apply to Muslims who die intestate. (3A) The Majlis may, with the approval of the Minister, by instrument create a wakaf for the purposes specified in the instrument which must fall within one or more of the following purposes: ( a ) supporting the development of Islamic teachers or Quranic teachers recognised by the Majlis, including but not limited to initiatives aimed at developing, strengthening and professionalising these teachers, such as training and upskilling programmes; ( b ) supporting mosques and madrasahs, in particular, in relation to payment for renewals of leases for immovable property; ( c ) supporting socio‑religious programmes and initiatives aimed at uplifting the Muslim community and the under‑privileged; ( d ) any other purpose that may be prescribed in rules made under section 62A(7). [Act 4 of 2024 wef 01/08/2024] (3B) The particulars of every wakaf mentioned in subsection (3A) must be published by notification in the Gazette and on the official website of the Majlis. [Act 4 of 2024 wef 01/08/2024] (4) The appointment, on or after 1 October 2017, of a trustee of a wakaf or nazar am, under an instrument or declaration creating, governing or affecting the wakaf or nazar am, is void unless the trustee was appointed by or with the prior approval in writing of the Majlis. [33/2017] [Act 4 of 2024 wef 01/08/2024] (5) The trustees of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am, and any mutawalli appointed under subsection (6), (7) or (8) for a wakaf or nazar am, must — ( a ) manage the wakaf or nazar am subject to the provisions of this Act; ( b ) comply with the provisions of any rules made under section 145(1) for the purposes of this section and, in the case of the trustees of a wakaf or a mutawalli appointed for a wakaf, any rules made under section 64(12); and ( c ) comply with all the terms and conditions imposed by the Majlis on the trustees concerning the trustees’ appointments, or on the mutawalli concerning the mutawalli’s appointment, as the case may be. [33/2017] (5A) Subsection (5) does not apply to any wakaf created by the Majlis during the period where — ( a ) the Majlis is the trustee of the wakaf; and ( b ) no mutawalli has been appointed by the Majlis for the wakaf. [Act 4 of 2024 wef 01/08/2024] (6) The Majlis has power to remove, and to appoint a mutawalli in the place of or in addition to, an existing trustee of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am, if it appears to the Majlis that — ( a ) the wakaf or nazar am has been mismanaged; ( b ) the trustee — (i) has been convicted, on or after 1 October 2017, of any offence under section 64(11); (ii) has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section or, in the case of a trustee of a wakaf, any rules made under section 64(12); or (iii) has failed to comply with any term or condition imposed by the Majlis on the trustee concerning the trustee’s appointment; or ( c ) it would be to the advantage of the wakaf or nazar am to appoint a mutawalli. [33/2017] (7) The Majlis has power to appoint a mutawalli for a wakaf or nazar am if it appears to the Majlis that there is no trustee appointed for the management of the wakaf or nazar am. [33/2017] (8) The Majlis may at any time remove any mutawalli appointed by it and appoint another in the mutawalli’s place. (9) Without limiting subsection (8), the Majlis has power to remove any mutawalli appointed by the Majlis for a wakaf or nazar am, if it appears to the Majlis that — ( a ) the wakaf or nazar am has been mismanaged; ( b ) the mutawalli — (i) has been convicted, on or after 1 October 2017, of any offence under section 64(11); (ii) has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section or, in the case of a mutawalli appointed for a wakaf, any rules made under section 64(12); or (iii) has failed to comply with any term or condition imposed by the Majlis on the mutawalli concerning the mutawalli’s appointment; or ( c ) it would be to the advantage of the wakaf or nazar am to appoint another mutawalli. [33/2017] (10) A court must not entertain or proceed with any proceedings relating to the appointment or removal of either of the following: ( a ) a trustee of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am; ( b ) a mutawalli appointed by the Majlis. [33/2017] (11) Subsections (4), (5), (6) and (10)( a ) apply to a trustee of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am, regardless whether the instrument or declaration was made before, on or after 1 October 2017. [33/2017]


document_id: amla-1966
provision_ref: s59
chapter: PART 4 - FINANCIAL PROVISIONS
section: 59
title: Vesting of wakaf and nazar am in Majlis
content:
59. All property subject to section 58 is if situate in Singapore to vest in the Majlis, without any conveyance, assignment or transfer whatever, for the purpose of the Baitulmal, wakaf or nazar am affecting the same.


document_id: amla-1966
provision_ref: s60
chapter: PART 4 - FINANCIAL PROVISIONS
section: 60
title: Restriction on creation of Muslim charitable trust
content:
60. —(1) Whether or not made by way of will or death-bed gift, no wakaf or nazar made after 1 July 1968 and involving more than one‑third of the property of the person making the same is valid in respect of the excess beyond such one‑third. (2) Every wakaf khas or nazar made after 1 July 1968 is void unless — ( a ) the President has expressly sanctioned and validated or ratified the same in writing in accordance with the Muslim law; or ( b ) it was made during a serious illness from which the maker subsequently died and was made in writing by an instrument executed by the maker and witnessed by 2 adult Muslims one of whom must be a Kadi or Naib Kadi. (3) If no Kadi or Naib Kadi is available as described in subsection (2)( b ), any other adult Muslim who would not have been entitled to any beneficial interests in the maker’s estate had the maker died intestate may be a competent witness. (4) This section does not operate to render valid any will, death-bed gift, wakaf or nazar which is invalid under the provisions of the Muslim law or of any written law. (5) This section does not apply to a wakaf created by the Majlis. [Act 4 of 2024 wef 01/08/2024]


document_id: amla-1966
provision_ref: s61
chapter: PART 4 - FINANCIAL PROVISIONS
section: 61
title: Income of wakaf or nazar
content:
61. —(1) The income of a wakaf or nazar must be applied in accordance with the lawful provisions set out in the instrument or declaration creating, governing or affecting the wakaf or nazar. (2) Where there is no specific provision in such instrument or declaration for the expenditure of the wakaf or nazar, the income must be paid to and form part of the General Endowment Fund. [Act 4 of 2024 wef 01/08/2024] (3) The Majlis may establish and maintain for each wakaf or nazar am a separate sinking fund for that wakaf or nazar am, for one or more of the following purposes: ( a ) improving or maintaining any immovable property belonging to that wakaf or nazar am, including carrying out, in relation to that immovable property, any building operation, repair, demolition or installation work; ( b ) purchasing any property or asset for that wakaf or nazar am; ( c ) any other purposes related to that wakaf or nazar am that may be prescribed by rules made under subsection (6). [33/2017] (4) Despite subsections (1) and (2) and any provision to the contrary in any instrument or declaration creating, governing or affecting a wakaf or nazar am, the Majlis may direct that a portion of the net annual income of a wakaf or nazar am be transferred to the sinking fund established and maintained under subsection (3) for that wakaf or nazar am. [33/2017] (5) The percentage of the net annual income of a wakaf or nazar am that is to be transferred to the sinking fund under subsection (4) is to be determined by the Majlis after consulting the mutawalli of the wakaf or nazar am. [33/2017] (6) The Majlis may, with the approval of the Minister, make rules — ( a ) to prescribe the other purposes related to a wakaf or nazar am for which a sinking fund established or maintained for that wakaf or nazar am may be used; and ( b ) to provide generally for carrying out the purposes of this section. [33/2017]


document_id: amla-1966
provision_ref: s62
chapter: PART 4 - FINANCIAL PROVISIONS
section: 62
title: Property and assets of wakaf or nazar am
content:
62. —(1) Subject to this section, the property and assets affected by any lawful wakaf or nazar am do not form part of the General Endowment Fund, but must be applied pursuant to such wakaf or nazar am and held as segregated funds. [Act 4 of 2024 wef 01/08/2024] (2) If from lapse of time or change of circumstances it is no longer possible beneficially to carry out the exact provisions of any wakaf or nazar am, the Majlis must prepare a scheme for the application of the property and assets affected thereby in a manner as closely as may be analogous to that required by the terms of such wakaf or nazar am and must apply the same accordingly. (3) The Majlis may, with the written approval of the Minister, direct that the property and assets mentioned in subsection (2) are to be added to and form part of the General Endowment Fund. [Act 4 of 2024 wef 01/08/2024] (4) If the terms of any wakaf or nazar am are such that no method of application of the property and assets affected thereby is specified, or it is uncertain in what manner the same should be applied, the Majlis may direct that the property and assets are to be added to and form part of the General Endowment Fund. [Act 4 of 2024 wef 01/08/2024] (5) All instruments creating, evidencing or affecting any wakaf or nazar am, together with any documents of title or other securities relating thereto, are to be held and retained by the Majlis.


document_id: amla-1966
provision_ref: s62A
chapter: PART 4 - FINANCIAL PROVISIONS
section: 62A
title: Property and assets of wakaf created by Majlis
content:
62A. —(1) The Majlis may, with the written approval of the Minister, transfer any moneys or movable or immovable property from the General Endowment Fund to any wakaf created by the Majlis under section 58(3A) (called in this section a Majlis wakaf). (2) All moneys and movable and immovable property contributed or dedicated to any Majlis wakaf are to be vested in the Majlis, whether received from individuals, entities, mosques, madrasahs or the General Endowment Fund, and are to be used for the purposes specified in the instrument creating the Majlis wakaf. (3) The Majlis may invest any moneys or property in a Majlis wakaf in accordance with both the Muslim law and the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. (4) The income derived from the investments mentioned in subsection (3) may be used for the payment of — ( a ) the reasonable remuneration and expenses of any mutawalli appointed to administer or manage the Majlis wakaf; and ( b ) other expenses incurred in maintaining and administering the Majlis wakaf. (5) Where the income mentioned in subsection (4) is insufficient for the payments to be made under that subsection, the Majlis may provide for any shortfall to be paid out of the capital of the Majlis wakaf. (6) This Act applies with the modifications prescribed in rules made under subsection (7) to a Majlis wakaf as it applies to a wakaf that is not created by the Majlis. (7) The Majlis may, with the approval of the Minister, make any rules that are necessary or expedient for the purpose of carrying out the provisions of this Act relating to any Majlis wakaf and those rules may — ( a ) provide for the manner of payment and collection of contributions to a Majlis wakaf and any incidental matters; ( b ) provide for the return of contributions or any part of such contributions paid in error; ( c ) prescribe the procedure to be followed when contributions are paid to a Majlis wakaf; ( d ) provide for the keeping of books, accounts or records of contributions to a Majlis wakaf; ( e ) prescribe the manner in which the moneys or property in a Majlis wakaf may be applied for or in respect of the purposes specified in the instrument creating the wakaf, and generally for the administration of such moneys or property; and ( f ) prescribe anything which may be prescribed with respect to a Majlis wakaf. [Act 4 of 2024 wef 01/08/2024]


document_id: amla-1966
provision_ref: s63
chapter: PART 4 - FINANCIAL PROVISIONS
section: 63
title: Construction of instrument
content:
63. —(1) Where any question arises as to the validity of a Muslim charitable trust, wakaf or nazar or as to the meaning or effect of any instrument or declaration creating or affecting any Muslim charitable trust, wakaf or nazar, such question must be determined in accordance with the provisions of the Muslim law. [Act 4 of 2024 wef 01/08/2024] (2) If in the opinion of the Majlis the meaning or effect of any instrument or declaration creating or affecting any Muslim charitable trust, wakaf or nazar is obscure or uncertain, the Majlis may refer the same to the court for construction of the instrument or declaration, and must act in accordance with the construction so given by the court. [Act 4 of 2024 wef 01/08/2024] (3) The court in construing the instrument or declaration is to do so in accordance with the provisions of the Muslim law and is at liberty to accept as proof of the Muslim law any definite statement on the Muslim law made in any of the books referred to in section 114.


document_id: amla-1966
provision_ref: s64
chapter: PART 4 - FINANCIAL PROVISIONS
section: 64
title: Registration of wakafs
content:
64. —(1) Every wakaf, whether created before or after 1 July 1968, must be registered at the office of the Majlis. (2) Application for registration must be made by the mutawalli of the wakaf. (3) An application for registration must be made in such form and manner as the Majlis may require and must contain the following particulars: ( a ) a description of the wakaf properties sufficient for the identification of the properties; ( b ) the gross annual income from the wakaf properties; ( c ) the amount of rates and taxes annually payable in respect of the wakaf properties; ( d ) an estimate of the expenses annually incurred in the realisation to the income of the wakaf properties; ( e ) the amount set apart under the wakaf for — (i) the salary of the mutawalli and allowances to the individuals; (ii) purely religious purposes; (iii) charitable purposes; and (iv) pious and any other purposes; ( f ) any other particulars required by the Majlis. (4) Every application must be accompanied by a copy of the wakaf deed, or if no such deed has been executed or a copy thereof cannot be obtained, must contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the wakaf. (5) The Majlis may require the applicant to supply any further particulars or information that the Majlis may consider necessary. (6) On receipt of an application for registration, the Majlis may, before the registration of the wakaf, make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars in the application. (7) When an application is made by any person other than the person managing the wakaf property, the Majlis must, before registering the wakaf, give notice of the application to the person managing the wakaf property and must hear the person managing the wakaf property if the person managing the wakaf property desires to be heard. (8) In the case of wakafs created before 1 August 1999, every application for registration must be made within 6 months from that date; and in the case of wakafs created after that date, within 6 months from the date of the creation of the wakaf. (9) The Majlis must maintain a register of wakafs in such manner as the Majlis may think fit, including in electronic form in a computer, in which must be entered such particulars as the Majlis may determine. (10) The Majlis may itself cause a wakaf to be registered or may at any time amend the register of wakafs. (11) Any mutawalli of a wakaf who fails to — ( a ) apply for the registration of the wakaf; ( b ) furnish statements of particulars as required under this section; ( c ) supply information or particulars as required by the Majlis; ( d ) allow inspection of wakaf properties, accounts, records or deeds and documents relating to the wakaf; ( e ) deliver possession of any wakaf property, if ordered by the Majlis; ( f ) carry out the directions of the Majlis; or ( g ) do any other act which the mutawalli is lawfully required to do by or under 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 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction. (12) The Majlis may, with the approval of the Minister, make rules to provide — ( a ) for the preparation of annual statements of accounts, reports and returns by the mutawallis of wakafs and for their submission to the Majlis; ( b ) for the payment of fees for the inspection of, and extraction from, the register of wakafs; and ( c ) generally for giving full effect to or for carrying out the purposes of this section.


document_id: amla-1966
provision_ref: s65
chapter: PART 4 - FINANCIAL PROVISIONS
section: 65
title: Estimates
content:
65. —(1) The Majlis must prepare and submit to the Minister not later than 31 October in each year estimates of all income and expenditure of the Majlis, including therein estimates of all property receivable and disposable in kind, in respect of the ensuing year. (2) The Minister may approve such estimates or may direct that they be amended. (3) Upon such approval or amendment the estimates must be published in the Gazette . (4) The Majlis may at any time submit to the Minister supplementary estimates of expenditure in respect of the current year, or, at any time prior to 31 March in any year, in respect of the preceding year, and such estimates may be approved or amended, and must be published in like manner as the annual estimates. (5) No money may be expended, or property disposed of in kind, except in accordance with such estimates and upon a voucher signed by the President or by any member of the Majlis nominated by the President. [35/2005]


document_id: amla-1966
provision_ref: s66
chapter: PART 4 - FINANCIAL PROVISIONS
section: 66
title: Expenses of Majlis
content:
66. All costs, charges and expenses of administering the property and assets vested in the Majlis, including the cost of maintenance and repair of any immovable property, are to be paid out of the property and assets of the General Endowment Fund. [Act 4 of 2024 wef 01/08/2024]


document_id: amla-1966
provision_ref: s67
chapter: PART 4 - FINANCIAL PROVISIONS
section: 67
title: Bankers
content:
67. The Majlis must appoint bankers to be approved by the Minister and may operate such account or accounts as may seem proper.


document_id: amla-1966
provision_ref: s68
chapter: PART 4 - FINANCIAL PROVISIONS
section: 68
title: Collection of zakat and fitrah
content:
68. —(1) The Majlis has power to collect zakat and fitrah payable in Singapore in accordance with the Muslim law. (2) The power under subsection (1) must not be exercised by the Majlis until a resolution to that effect has been passed by the Majlis and approved by the President of Singapore. (3) On the publication in the Gazette of the resolution mentioned in subsection (2) and subject to the provisions of the Muslim law, it is obligatory on all Muslims in Singapore to pay zakat and fitrah in accordance with the provisions of this Act. (4) Subject to the provisions of this Act, any zakat or fitrah collected is to be disposed of by the Majlis in accordance with the Muslim law.


document_id: amla-1966
provision_ref: s69
chapter: PART 4 - FINANCIAL PROVISIONS
section: 69
title: Rules
content:
69. —(1) The Majlis, with the approval of the Minister, may make rules for and regulate all matters in connection with the collection, administration and distribution of zakat and fitrah. (2) Without limiting subsection (1), the Majlis may, with the approval of the Minister, make rules — ( a ) to prescribe from time to time the amount of zakat and fitrah to be paid by all Muslims in Singapore; ( b ) to provide for the method by which zakat and fitrah must be collected; ( c ) for the appointment of agents and officers for the collection of zakat and fitrah; and ( d ) to provide penalties for the collection or payment of zakat and fitrah by or to unauthorised persons.


document_id: amla-1966
provision_ref: s70
chapter: PART 4 - FINANCIAL PROVISIONS
section: 70
title: Appeal
content:
70. —(1) Any person may make objection to the Majlis against any demand for payment by the person of zakat and fitrah. (2) The Majlis is to consider such objection and may order that such person must pay the amount of zakat and fitrah demanded from the person, or such lesser amount as to the Majlis seems proper or may order that such person is not liable in any one or more years to pay zakat and fitrah or either.


document_id: amla-1966
provision_ref: s71
chapter: PART 4 - FINANCIAL PROVISIONS
section: 71
title: Charitable collection
content:
71. —(1) The Majlis may collect, or may grant licences to any person or body of persons, authorising him or her or them to collect moneys or other contributions for any charitable purpose for the support and promotion of the Muslim religion or for the benefit of Muslims in accordance with the Muslim law, and may by any such licence impose such terms as it may think fit. (2) It is deemed to be a term of every such licence that the grantee thereof and every other person authorised thereby to collect moneys or other contributions must — ( a ) issue in respect of every sum so collected a serially numbered receipt in the prescribed form; ( b ) keep true and full accounts of all sums so collected and of the disposal thereof with all proper vouchers; ( c ) produce on demand the counterfoils of such receipts and all such accounts and vouchers for inspection and audit by the Majlis; and ( d ) apply and dispose of all sums so collected in accordance with the terms of such licence or, if no method of disposal thereof be thereby expressly authorised, pay and account for the same to the Majlis. (3) Moneys collected pursuant to this section may be applied for a specific purpose if the Majlis directs, but must, in default of any such direction, be added to and form part of the General Endowment Fund. [Act 4 of 2024 wef 01/08/2024] (4) No person may make or take part in any collection of money for any purpose mentioned in this section except with the express authority of the Majlis or by virtue of and pursuant to a licence granted under subsection (1).


document_id: amla-1966
provision_ref: s73
chapter: PART 4 - FINANCIAL PROVISIONS
section: 73
title: Financial provisions with respect to trust, wakaf, nazar and mosque
content:
73. The financial provisions set out in the Second Schedule apply to all mosques and all properties, investments and assets vested in the Majlis subject to any trust, wakaf or nazar which do not form part of the General Endowment Fund. [Act 4 of 2024 wef 01/08/2024]


document_id: amla-1966
provision_ref: s73A
chapter: PART 4 - FINANCIAL PROVISIONS
section: 73A
title: Annual report
content:
73A. The Majlis must, as soon as practicable after the end of each financial year, submit to the Minister an annual report on the activities of the Majlis during the preceding financial year.


document_id: amla-1966
provision_ref: s74
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 74
title: Majlis to administer mosques
content:
74. —(1) Despite any provision to the contrary in any written instrument, the Majlis is to administer all mosques in Singapore. (2) Every mosque, together with any immovable property on which it stands or which is appurtenant thereto and used for the purposes thereof, other than State land, is to vest in the Majlis for the purposes of this Act without any conveyance, assignment or transfer. (3) The trustees of a mosque appointed under a written instrument, and any mutawalli appointed under subsection (4), (5) or (6) for a mosque, must — ( a ) manage the mosque subject to the provisions of this Act; ( b ) comply with the provisions of any rules made under section 145(1) for the purposes of this section; and ( c ) comply with all the terms and conditions imposed by the Majlis on the trustees concerning the trustees’ appointments, or on the mutawalli concerning the mutawalli’s appointment, as the case may be. [33/2017] (4) The Majlis has power to remove, and to appoint a mutawalli in the place of or in addition to, any existing trustee of a mosque appointed under a written instrument, if it appears to the Majlis that — ( a ) the mosque has been mismanaged; ( b ) the trustee — (i) has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section; or (ii) has failed to comply with any term or condition imposed by the Majlis on the trustee concerning the trustee’s appointment; or ( c ) it would be to the advantage of the mosque to appoint a mutawalli. [33/2017] (5) The Majlis has power to appoint a mutawalli for a mosque if it appears to the Majlis that there is no trustee appointed for the management of the mosque. [33/2017] (6) The Majlis may at any time remove any mutawalli appointed by it and appoint another in the mutawalli’s place. (7) Without limiting subsection (6), the Majlis has power to remove any mutawalli appointed by the Majlis for a mosque, if it appears to the Majlis that — ( a ) the mosque has been mismanaged; ( b ) the mutawalli — (i) has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section; or (ii) has failed to comply with any term or condition imposed by the Majlis on the mutawalli concerning the mutawalli’s appointment; or ( c ) it would be to the advantage of the mosque to appoint another mutawalli. [33/2017] (8) Despite anything in subsections (4), (6) and (7) and section 58(6), (8) and (9), the following apply in relation to a mosque established by a wakaf: ( a ) where the appointment of an individual as a trustee or mutawalli of the mosque is contingent on the appointment of that individual as a trustee or mutawalli of the wakaf, the individual is removed as a trustee or mutawalli of the mosque if the individual is removed under section 58(6), (8) or (9) as a trustee or mutawalli of the wakaf; ( b ) where the appointment of an individual as a trustee or mutawalli of the wakaf is contingent on the appointment of that individual as a trustee or mutawalli of the mosque, the individual is removed as a trustee or mutawalli of the wakaf if the individual is removed under subsection (4), (6) or (7) as a trustee or mutawalli of the mosque. [33/2017] (9) Subsections (3), (4) and (8) apply to a trustee of a mosque appointed under a written instrument, regardless whether the instrument was made before, on or after 1 October 2017. [33/2017] (10) Subsection (8) applies to a trustee of a wakaf appointed under an instrument or declaration creating, governing or affecting the wakaf, regardless whether the instrument or declaration was made before, on or after 1 October 2017. [33/2017]


document_id: amla-1966
provision_ref: s75
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 75
title: Restriction of new mosque
content:
75. —(1) No person may erect any mosque, or dedicate or otherwise apply any existing building as or for the purposes of a mosque, without the written permission of the Majlis. (2) Such permission must in no case be given unless the site of the proposed new mosque has been or will, prior to the erection or dedication thereof, be made a wakaf.


document_id: amla-1966
provision_ref: s76
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 76
title: Establishment of Mosque Building and Mendaki Fund
content:
76. —(1) There is established a fund called the Mosque Building and Mendaki Fund into which must be paid all contributions authorised under this Act. (2) All moneys in the Mosque Building and Mendaki Fund are vested in the Majlis which must administer such moneys in accordance with the provisions of this Act and any rules made under section 81. (3) The Majlis may appoint such agents and officers as may be necessary for the collection of contributions to the Mosque Building and Mendaki Fund.


document_id: amla-1966
provision_ref: s77
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 77
title: Application of Mosque Building and Mendaki Fund
content:
77. —(1) The moneys in the Mosque Building and Mendaki Fund are to be used — ( a ) for the purpose of building and maintaining mosques, and premises or facilities for conducting religious education, in Singapore and for connected purposes, including — (i) any extension, alteration, reconstruction or restoration of the whole or part of any existing mosque, or any existing premises or facilities for conducting religious education, and any other building works, that the Majlis may approve; and (ii) any purchase of any land, obtaining or renewal of any lease, tenancy or other interest in land, or obtaining or renewal of a licence to occupy land, that the Majlis may approve; ( b ) for the payment of contributions to Yayasan Mendaki; ( c ) for the funding of religious education in Singapore, subject to such directions as the Minister may specify from time to time; and ( d ) for the payment of expenses incurred in maintaining and administering that Fund. [33/2017] (2) The Majlis must as soon as practicable pay to Yayasan Mendaki the net amount of the contributions received for the purpose of Yayasan Mendaki, after taking into account the appropriate expenses referred to in subsection (1)( d ).


document_id: amla-1966
provision_ref: s78
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 78
title: Contributions to Mosque Building and Mendaki Fund
content:
78. —(1) Subject to the provisions of this Act and any rules made under section 81, every employer of a Muslim employee must pay to the Mosque Building and Mendaki Fund monthly in respect of each Muslim employee contributions as set out in the Third Schedule. (2) Despite the provisions of any written law or any contract to the contrary, an employer is entitled to recover from the monthly wages of a Muslim employee any contributions paid to the Mosque Building and Mendaki Fund on behalf of the employee. (3) Any employer who fails to pay the contributions mentioned in subsection (1) within such time as may be prescribed shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500. (4) An employer who has recovered any amount from the monthly wages of an employee in accordance with subsection (2) and fails to pay such contributions to the Mosque Building and Mendaki Fund within such time as may be prescribed shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (5) The Minister may, by notification in the Gazette , vary the amount of contributions payable by an employer in respect of each Muslim employee and may prescribe different amounts of contributions payable by the employer in respect of different classes of Muslim employees. (6) Without affecting subsections (1) and (2) — ( a ) an employee may at any time contribute voluntarily to the Mosque Building and Mendaki Fund a sum in addition to that referred to in subsection (1) as payable by his or her employer; or ( b ) an employee who desires to have contributions in excess of the amount deducted from his or her monthly wages by his or her employer may give to his or her employer written notice to that effect and thereafter, so long as he or she is employed by the employer, the employer may make such deduction from the employee’s wages for each month until such time, not being less than 6 months from the date of giving such notice, as the employee gives further written notice to his or her employer of his or her desire to cease to have such excess monthly contributions deducted from his or her wages. (7) The employer must pay the amount of excess deductions under subsection (6) to the Mosque Building and Mendaki Fund in addition to the appropriate monthly contributions. (8) Any contribution recoverable from the wages of an employee in accordance with subsection (1) must be recovered by the employer from the wages in respect of which the contribution is payable at the time of payment of those wages or within such time as may be prescribed and not otherwise. (9) Any excess contributions paid into the Mosque Building and Mendaki Fund under subsection (7) is, unless the employee making the contribution otherwise indicates, deemed to be for the purpose of building mosques. (10) Any contribution paid into the Mosque Building and Mendaki Fund under subsection (7) which is not attributable to or cannot be traced to any individual is deemed to be for the purpose of building mosques. [Act 4 of 2024 wef 01/08/2024]


document_id: amla-1966
provision_ref: s79
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 79
title: Muslim employee may decide not to pay contributions
content:
79. —(1) A Muslim employee who does not wish his or her employer to pay contributions to the Mosque Building and Mendaki Fund on his or her behalf may exercise an option in such form as the Majlis may require for his or her employer not to pay contributions to the Mosque Building and Mendaki Fund on his or her behalf during any period specified by the Muslim employee in the form. [33/2017] (2) Where a Muslim employee has made an option under subsection (1), the Majlis is to issue him or her with a certificate to that effect. (3) The employee must forthwith notify his or her employer to that effect and thereupon the employer ceases to be liable to contribute to the Mosque Building and Mendaki Fund under section 78 in respect of that employee for such period the certificate is in force. (4) Where an employee has exercised an option under subsection (1), his or her employer is liable, on the expiry of the period for which the certificate is in force, to pay contributions to the Mosque Building and Mendaki Fund in respect of that employee, unless that employee again exercises an option under subsection (1) and a fresh certificate is issued under subsection (2). [33/2017]


document_id: amla-1966
provision_ref: s80
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 80
title: Contributions from other persons
content:
80. —(1) Despite section 78, the Majlis may receive contributions to the Mosque Building and Mendaki Fund from any Muslim person. (2) Nothing in this Act is to be construed as precluding the Majlis from receiving contributions to the Mosque Building and Mendaki Fund from any person who is not of the Muslim faith.


document_id: amla-1966
provision_ref: s81
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 81
title: Power to make rules
content:
81. —(1) The Majlis may, with the approval of the Minister, make such rules as are necessary or expedient for the purpose of carrying out the provisions of this Act relating to the Mosque Building and Mendaki Fund. (2) Without limiting subsection (1), such rules may — ( a ) provide for the manner of payment and collection of contributions to the Mosque Building and Mendaki Fund and any matters incidental thereto; ( b ) exempt employers from paying contributions to the Mosque Building and Mendaki Fund in respect of such categories of Muslim employees as the Majlis may determine; ( c ) provide for the return of contributions or any part of such contributions paid in error; ( d ) provide for the payment of contributions or any part of such contributions omitted to be paid in error; ( e ) provide for the keeping of books, accounts or records by employers; ( f ) prescribe the evidence to be produced and the person, officer or authority to whom such evidence is to be produced for the purposes of this Part; ( g ) prescribe the procedure to be followed when contributions are paid into the Mosque Building and Mendaki Fund; ( h ) provide, in cases where an employee is employed concurrently by 2 or more employers, the extent of the obligation of such employers as to payment of contributions to the Mosque Building and Mendaki Fund; ( i ) prescribe the procedure to be followed when voluntary contributions are paid to the Mosque Building and Mendaki Fund; ( j ) prescribe the manner in which the moneys in the Mosque Building and Mendaki Fund may be applied for or in respect of the purposes specified in section 77(1), and generally for the administration of such moneys; ( k ) prescribe the returns to be made and the forms and registers to be used in the carrying out of the provisions of this Part; and ( l ) prescribe anything which under this Part may be prescribed by the Majlis.


document_id: amla-1966
provision_ref: s82
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 82
title: Repair
content:
82. —(1) It is the duty of the mutawallis of a mosque to ensure that the mosque is kept in a proper state of repair and that the mosque and the compounds thereof are maintained in a proper state of cleanliness. [33/2017] (2) The Majlis may raise and apply, or authorise the raising and application by the mutawallis of, special funds for the purpose of such repairs and maintenance, or may authorise the payment of the cost of such repairs and maintenance from the General Endowment Fund. [33/2017] [Act 4 of 2024 wef 01/08/2024] (3) It is the duty of the mutawallis promptly to inform the Majlis of any want of repair of the mosque, and to effect or supervise any repairs as agent for and on behalf of the Majlis. [33/2017] (4) No material alteration to the structure of any mosque may be made without the written permission of the Majlis. (5) The Majlis may direct the mutawallis to keep any mosque for which they are responsible in a proper state of repair. [33/2017]


document_id: amla-1966
provision_ref: s83
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 83
title: Boundary of daerah masjid
content:
83. —(1) The Majlis has the power at any time to determine the boundaries of any daerah masjid and to amend or alter such boundaries. (2) Any dispute as to the boundaries of a daerah masjid must be referred to the Legal Committee for its opinion.


document_id: amla-1966
provision_ref: s84
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 84
title: Register of pegawai masjid
content:
84. —(1) The Majlis must maintain a register showing the pegawai masjid of every mosque in Singapore. (2) It is the duty of every mutawalli promptly to inform the Majlis of any vacancy or change in the pegawai masjid relating to the mutawalli’s mosque.


document_id: amla-1966
provision_ref: s85
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 85
title: Appointment of pegawai masjid
content:
85. —(1) It is the duty of the Legal Committee, upon learning of any vacancy or impending vacancy in the office of Imam in any mosque in Singapore, to make enquiry for possible candidates for such appointment, and, after due examination of the qualifications of such possible candidates, to submit a list of suitable candidates to the Majlis. (2) The Majlis must, after considering the list submitted by the Legal Committee and after such enquiries as it thinks fit, appoint an Imam to fill the vacancy. (3) The mutawalli of a mosque may appoint the Khatib, Bilal or Noja of the mosque. (4) The pegawai masjid of a mosque are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: amla-1966
provision_ref: s86
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 86
title: Rules for appointment of jawatankuasa masjid
content:
86. —(1) The Majlis may make rules for — ( a ) the appointment of a jawatankuasa masjid; [Act 11 of 2022 wef 17/08/2022] ( b ) prescribing the manner in which the members of a jawatankuasa masjid are to be appointed; and [Act 11 of 2022 wef 17/08/2022] ( c ) prescribing the duties and functions of a jawatankuasa masjid. [Act 11 of 2022 wef 17/08/2022] (2) The jawatankuasa masjid in conjunction with the local pegawai masjid are to — ( a ) be responsible for the proper conduct and good order of the mosque and all Muslim burial grounds within their daerah masjid; and ( b ) give due and prompt information to the Majlis of all matters arising in the daerah masjid and requiring the attention of the Majlis. [Act 11 of 2022 wef 17/08/2022] [Act 11 of 2022 wef 17/08/2022]


document_id: amla-1966
provision_ref: s87
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 87
title: Religious school
content:
87. —(1) The control of Muslim religious schools is vested in the Majlis. (2) The Majlis has power to register and to control the conduct of Muslim religious schools and to approve the curricula of instruction in such schools. (3) The Majlis has power to control the establishment of any private Muslim religious school and to refuse permission for any such school to be established and to approve any regulations made by any person in charge of such school for its administration. (4) The Majlis has power to authorise any public officer to inspect any Muslim religious school in order to satisfy himself or herself that all the requirements of the Majlis are being complied with. (5) The Majlis has power to order any person employed or to be employed as a teacher at any private religious school to submit to a test conducted by a board appointed by the Majlis. (6) If any person fails to pass the test mentioned in subsection (5), the Majlis has power to forbid his or her employment as a teacher at the school. (7) The Majlis has power to order the closure of any religious school which the board may consider unsatisfactory. (8) An appeal lies from any act, order or direction of the Majlis under this section to the Minister. (9) The Majlis may, with the approval of the Minister, make rules for carrying out the purposes of this section, including rules to prescribe the fees to be charged by the Majlis for the performance of its functions under this section. [Act 11 of 2022 wef 17/08/2022]


document_id: amla-1966
provision_ref: s88
chapter: PART 5 - MOSQUES AND RELIGIOUS SCHOOLS
section: 88
title: Grant to religious school
content:
88. Any grant made by the Government to Muslim religious schools is to be administered by the Majlis in accordance with rules made by the Majlis and approved by the Minister responsible for education.


document_id: amla-1966
provision_ref: s88A
chapter: PART 5A - HALAL AND HAJ MATTERS
section: 88A
title: Halal certificates
content:
88A. —(1) The Majlis may issue halal certificates in relation to any product, service or activity and regulate the holders of such certificates to ensure that the requirements of the Muslim law are complied with in the production, processing, marketing or display of that product, the provision of that service or the carrying out of that activity. (2) An application for a halal certificate must be in such form as the Majlis may require. (3) The Majlis may — ( a ) in issuing a halal certificate, impose any condition or limitation that the Majlis thinks fit, which may be different for different halal certificates that relate to different products, services or activities; and ( b ) vary, remove or add to any condition or limitation mentioned in paragraph ( a ) at any time. [Act 11 of 2022 wef 17/08/2022] (3A) Without affecting subsection (3), the Majlis may, in issuing a halal certificate — ( a ) require an applicant to undergo either or both of the following services performed by or under the supervision of the Majlis: (i) a service to verify that food provided or to be provided to Muslims complies with halal requirements or other requirements in relation to halal certification; (ii) a service for the cleansing of food utensils and crockery in accordance with Islamic rituals; and ( b ) provide either or both of these services to the applicant upon the payment of the prescribed fees. [Act 11 of 2022 wef 17/08/2022] (4) The Majlis may, by notification in the Gazette , specify any certification mark of the Majlis for use in relation to any product, service or activity in respect of which it has issued a halal certificate under subsection (1). (5) Any person who, without the approval of the Majlis — ( a ) issues a halal certificate in relation to any product, service or activity; or ( b ) uses any specified halal certification mark or any colourable imitation thereof, 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) The Majlis may, in granting approval to any person to issue any halal certificate or to use any specified halal certification mark, impose such condition as it thinks fit and may at any time vary, remove or add to such condition. (7) The Majlis may revoke or suspend its approval granted to any person to issue any halal certificate or to use any specified halal certification mark if that person fails to comply with any condition imposed under subsection (6). (8) [ Deleted by Act 4 of 2024 wef 01/10/2025 ]


document_id: amla-1966
provision_ref: s88AA
chapter: PART 5A - HALAL AND HAJ MATTERS
section: 88AA
title: Foreign halal certification body
content:
88AA. —(1) The Majlis may, on application, recognise any person, authority or entity outside Singapore that issues halal certificates in relation to any product. (2) A halal certificate issued by the foreign halal certification body granted recognition under subsection (1) has the same effect and validity as if it were a halal certificate issued by the Majlis under section 88A. (3) An application for recognition under subsection (1) must be in the form and manner that the Majlis may require and accompanied by any document or other information that the Majlis may require. (4) The Majlis may — ( a ) in granting recognition, impose any condition or limitation that the Majlis thinks fit, which may be different for different halal certificates issued by the foreign halal certification body that relate to different products; and ( b ) vary, remove or add to any condition or limitation mentioned in paragraph ( a ) at any time. (5) The Majlis must specify on the official website of the Majlis — ( a ) the foreign halal certification bodies that have been granted recognition under subsection (1) which recognition has not been revoked or cancelled; and ( b ) the certification marks of the foreign halal certification bodies mentioned in paragraph ( a ) for use in relation to any product in respect of which any of the foreign halal certification bodies has issued a halal certificate. (6) Any person who, without the approval of the foreign halal certification body — ( a ) issues a halal certificate purportedly from or on behalf of that foreign halal certification body in relation to any product; or ( b ) uses any specified halal certification mark or any colourable imitation of that mark purportedly of that foreign halal certification body, 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. [Act 4 of 2024 wef 01/10/2025]


document_id: amla-1966
provision_ref: s88B
chapter: PART 5A - HALAL AND HAJ MATTERS
section: 88B
title: Regulation of Haj services and goods
content:
88B. The Majlis may regulate any person providing goods or services for the purposes of the Haj — ( a ) to ensure that the requirements of the Muslim law are complied with in relation to the provision of those goods or services; ( b ) to safeguard the safety and welfare of persons to whom those goods or services are provided; and ( c ) to promote the proper administration of any matter relating to the Haj.


document_id: amla-1966
provision_ref: s88C
chapter: PART 5A - HALAL AND HAJ MATTERS
section: 88C
title: Rules to regulate halal and Haj matters
content:
88C. —(1) The Majlis may, with the approval of the Minister, make rules for carrying out the purposes and provisions of this Part. (2) Without limiting subsection (1), the Majlis may, with the approval of the Minister, make rules for or in respect of the following matters: ( a ) to regulate the use and issue of halal certificates and the use of specified halal certification marks; ( aa ) to regulate the recognition of foreign halal certification bodies and the use of halal certificates and specified halal certification marks issued by a foreign halal certification body; [Act 4 of 2024 wef 01/10/2025] ( b ) to require travel agents to obtain the approval of the Majlis to provide goods or services for the purposes of the Haj and to provide for the withdrawal of such approval in certain circumstances; ( c ) to require travel agents providing goods or services for the purposes of the Haj to maintain accounts for clients’ money received in respect of those goods or services and to regulate the particulars, report and other information to be kept and furnished in relation to such accounts; ( d ) to regulate the number of persons to whom travel agents may provide goods or services for the purposes of the Haj; ( e ) to provide that any contravention of any of such rules shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; ( f ) to prescribe fees and charges for the purposes of this Part. (3) In this section, “travel agent” means a person who holds a licence granted under the Travel Agents Act 1975.


document_id: amla-1966
provision_ref: s88D
chapter: PART 5A - HALAL AND HAJ MATTERS
section: 88D
title: Offences by bodies corporate, etc.
content:
88D. —(1) Where an offence under this Part or the rules made thereunder 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 his or her functions of management as if he or she were a director of the body corporate. (3) Where an offence under this Part or the rules made thereunder 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 Part or the rules made thereunder 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 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) In this section — “body corporate” includes a limited liability partnership which has the same meaning as in 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 any person purporting to act as a partner. (6) The Majlis may, with the approval of the Minister, make rules to provide for the application of any provision of this section, with such modifications as may be appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: amla-1966
provision_ref: s88E
chapter: PART 5A - HALAL AND HAJ MATTERS
section: 88E
title: Composition of offences
content:
88E. —(1) The Majlis may compound any offence under this Part or the rules made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding — ( a ) one half of the amount of the maximum fine that is prescribed for the offence; or ( b ) $2,000, whichever is the lower. (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 Majlis may, with the approval of the Minister, make rules to prescribe the offences which may be compounded. (4) All sums collected under this section must be paid into the Consolidated Fund. [33/2017]


document_id: amla-1966
provision_ref: s88F
chapter: PART 5B - APPEALS
section: 88F
title: Appeal Committee
content:
88F. —(1) The Minister may appoint a committee called the Appeal Committee which must consist of at least 3 persons, one of whom must be appointed by the Minister to be the chairperson of the Appeal Committee. (2) The Minister may, in appointing the Appeal Committee, determine — ( a ) the terms and conditions of the appointment of the members of the Appeal Committee; and ( b ) such matters that the Minister considers incidental or expedient for the proper and efficient conduct of any appeal by the Appeal Committee. (3) The remuneration and allowances (if any) of a member of the Appeal Committee are to be determined by the Minister. (4) The Appeal Committee may determine the procedure to be adopted by it in considering an appeal under this Part, and must be independent in the performance of its functions. [Act 4 of 2024 wef 01/10/2025]


document_id: amla-1966
provision_ref: s88G
chapter: PART 5B - APPEALS
section: 88G
title: Appeal to Minister
content:
88G. Any person who is aggrieved by any of the following may appeal to the Minister against the act, decision, order or direction in accordance with this Part: ( a ) any act, order or direction of the Majlis under section 87 or any rules made under that section; ( b ) any decision of the Majlis under section 88A or any subsidiary legislation made under that section; ( c ) any decision of the Majlis under any subsidiary legislation made under this Act (other than those mentioned in paragraphs ( a ) and ( b )) where a right of appeal is expressly provided in that subsidiary legislation. [Act 4 of 2024 wef 01/10/2025]


document_id: amla-1966
provision_ref: s88H
chapter: PART 5B - APPEALS
section: 88H
title: Appeal to Appeal Committee
content:
88H. Any person who is aggrieved by any decision of the Majlis made under section 88AA may appeal to the Appeal Committee against the decision in accordance with this Part. [Act 4 of 2024 wef 01/10/2025]


document_id: amla-1966
provision_ref: s88I
chapter: PART 5B - APPEALS
section: 88I
title: Provisions applicable to appeals
content:
88I. —(1) An appeal under this Part must be in writing and specify the grounds on which it is made, and be made within 14 days after the date the decision appealed against is served on the appellant. (2) For the purposes of this Part, service of any document on the appellant must be effected — ( a ) by delivering it to the appellant personally; ( b ) by leaving it at, or by sending it by prepaid registered post to, the usual or last known address of the place of residence or business of the appellant; ( c ) by sending it by fax to the appellant’s usual or last known place of business; or ( d ) by sending it by email to the email address given by the appellant as the email address for service of documents or to which communications to the appellant may be sent. (3) However, service of any document under this Part on an appellant by email may be effected only with the appellant’s prior consent to service in that way. (4) After considering an appeal, the Minister or the Appeal Committee (as the case may be) may — ( a ) reject the appeal and confirm the decision of the Majlis; or ( b ) allow the appeal and substitute or vary the decision of the Majlis. (5) The Minister’s or the Appeal Committee’s decision on an appeal (as the case may be) is final. (6) Every appellant must be notified of the Minister’s or the Appeal Committee’s decision (as the case may be) on an appeal under subsection (4). (7) An appeal under this Part does not affect the operation of the decision, order or direction appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister or the Appeal Committee (as the case may be), the decision, order or direction appealed against must be complied with until the determination of the appeal. [Act 4 of 2024 wef 01/10/2025]


document_id: amla-1966
provision_ref: s89
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 89
title: Application
content:
89. The provisions of this Part apply only to marriages, both of the parties to which profess the Muslim religion and which are solemnised in accordance with the Muslim law.


document_id: amla-1966
provision_ref: s90
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 90
title: Appointment of Registrar of Muslim Marriages
content:
90. —(1) The President of Singapore may appoint either by name or office any male Muslim of good character and position and of suitable attainments to be the Registrar of Muslim Marriages. (2) [ Deleted by Act 5 of 2025 wef 09/03/2025 ] (3) The President of Singapore may at any time cancel the appointment. [Act 5 of 2025 wef 09/03/2025] (4) An appointment under subsection (1), and any cancellation under subsection (3), must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: amla-1966
provision_ref: s91
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 91
title: Appointment of Kadis and Naib Kadis
content:
91. —(1) Subject to section 146, the President of Singapore may appoint suitable male Muslims of good character and position and of suitable attainments to be Kadis or Naib Kadis. (2) The President of Singapore may appoint 2 or more Kadis or Naib Kadis for the same district or place. (3) The letter of appointment must — ( a ) be in such form as the President of Singapore directs; ( b ) be signed by the President of Singapore; ( c ) state either — (i) that the person named therein is appointed to be a Kadi or Naib Kadi for a particular district or place, of which the limits must be strictly defined; or (ii) that the person named therein is appointed to be a Kadi or Naib Kadi for particular schools of law (Mazhabs); and ( d ) state the period the person named therein is appointed to be a Naib Kadi. (4) [ Deleted by Act 5 of 2025 wef 09/03/2025 ] (5) The President of Singapore may at any time cancel such appointment. [Act 5 of 2025 wef 09/03/2025] (5A) An appointment under subsection (1), and any cancellation under subsection (5), must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (6) In the event of a Kadi or Naib Kadi temporarily leaving Singapore or being temporarily incapacitated from performing the duties of his office, the President of Singapore may appoint a suitable person to officiate in his appointment. (7) The jurisdiction, authority and powers of any Kadi or Naib Kadi are such as are conferred by this Act. (8) The President of Singapore may, by the terms of the letter of appointment of any Kadi or Naib Kadi, restrict the exercise of any powers which would otherwise be conferred on the Kadi or Naib Kadi by this Act.


document_id: amla-1966
provision_ref: s92
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 92
title: Deputy Registrars of Muslim Marriages
content:
92. —(1) Every Kadi and Naib Kadi — ( a ) is a Deputy Registrar of Muslim Marriages; and ( b ) must use a seal bearing such inscription in the Malay language as the Registrar approves. (2) In the event of a Kadi or Naib Kadi leaving the district within which he is appointed to act, or ceasing to hold his appointment, or dying, his books and seals of office must forthwith be returned to, or taken possession of by, the Registrar.


document_id: amla-1966
provision_ref: s94
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 94
title: Betrothal
content:
94. —(1) If any person has, either orally or in writing, and either personally or through an intermediary, entered into a contract of betrothal in accordance with the Muslim law, and subsequently refuses without lawful reason to marry the other party to such contract, such other party being willing to perform the same, the party in default is liable — ( a ) to pay to the other party the sum which it is agreed in the contract by which the marriage was arranged is to be paid by the party in breach of the contract; and ( b ) if a male, to pay as damages the amount expended in good faith in preparation for the marriage, or if a female, to return the betrothal gifts (if any) or the value thereof and to pay as damages the amount expended in good faith in preparation for the marriage. (2) The payments and return of gifts mentioned in subsection (1) may be recovered by action in the Syariah Court.


document_id: amla-1966
provision_ref: s94A
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 94A
title: Marriage preparation programme
content:
94A. —(1) This section applies to every person within a class of persons prescribed by rules made under section 145 as persons who must attend a marriage preparation programme. [33/2017] (2) An application cannot be made to a Kadi or Naib Kadi for the solemnisation of the marriage of a person to whom this section applies, unless the person satisfies the Kadi or Naib Kadi (as the case may be) that the person, and the other party to the proposed marriage, have attended together and completed a marriage preparation programme. [33/2017] (3) In this section, “marriage preparation programme” means a marriage preparation programme which satisfies the description specified in the rules made under section 145. [33/2017]


document_id: amla-1966
provision_ref: s94B
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 94B
title: Consent to application for solemnisation of marriage of minor
content:
94B. —(1) An application cannot be made to a Kadi or Naib Kadi for the solemnisation of the marriage of a minor without the consent of the appropriate person or persons mentioned in the Fourth Schedule. [33/2017] (2) If a Kadi or Naib Kadi is satisfied that the consent of an appropriate person mentioned in the Fourth Schedule cannot be obtained by reason of that person being absent, inaccessible or under any disability, the Kadi or Naib Kadi — ( a ) must dispense with the consent of that person, if the consent of any other person is required; and ( b ) may dispense with the consent of that person, if the consent of no other person is required. [33/2017] (3) If an appropriate person mentioned in the Fourth Schedule refuses to give that person’s consent, a Kadi or Naib Kadi may, on an application to the Kadi or Naib Kadi, dispense with the consent of that person. [33/2017] (4) Before dispensing with the consent of a person mentioned in subsection (3), the Kadi or Naib Kadi must give that person an opportunity to show cause why that person’s consent should not be dispensed with. [33/2017]


document_id: amla-1966
provision_ref: s95
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 95
title: Solemnisation of marriage
content:
95. —(1) Subject to the provisions of this Act, a marriage may be solemnised according to the Muslim law — ( a ) by the wali of the woman to be wedded; ( b ) by a Kadi or Naib Kadi, at the request of the wali of the woman to be wedded; or ( c ) by a Kadi, where — (i) there is no wali of the woman to be wedded; or (ii) the wali of the woman to be wedded refuses his consent to the marriage, on grounds that the Kadi does not consider satisfactory. [33/2017] (2) On or after 22 October 2018, both of the following conditions must be satisfied before the wali of the woman to be wedded can solemnise the marriage: ( a ) the parties to be wedded have applied to a Kadi or Naib Kadi for, and he has given, his written consent to the solemnisation of the marriage by the wali; ( b ) a Kadi or Naib Kadi is present during the solemnisation of the marriage by the wali. [33/2017] (3) Before solemnising a marriage or giving his written consent to the solemnisation of a marriage by a wali, a Kadi or Naib Kadi must satisfy himself after inquiry that there is no lawful obstacle, according to the Muslim law or this Act, to the marriage. [33/2017] (4) For the purpose of any inquiry, a Kadi or Naib Kadi may issue a summons requiring any person to appear before him to give evidence or to produce a document.


document_id: amla-1966
provision_ref: s96
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 96
title: Restriction on solemnisation of marriage
content:
96. —(1) No marriage may be solemnised under this Act unless all the conditions necessary for the validity thereof, in accordance with the Muslim law and the provisions of this Act, are satisfied. (2) No marriage may be solemnised under this Act if the man to be wedded is married to any person other than the other party to the intended marriage, except — ( a ) by a Kadi; or ( b ) with the written consent of a Kadi, by the wali of the woman to be wedded. (3) Before solemnising a marriage or giving his written consent to the solemnisation of a marriage under subsection (2), the Kadi must satisfy himself after inquiry that there is no lawful obstacle according to the Muslim law or this Act to such marriage. (4) No marriage may be solemnised under this Act if at the date of the marriage either party is below 18 years of age. (5) Despite subsection (4), a Kadi may in special circumstances solemnise the marriage of a girl who is below 18 years of age but has attained the age of puberty.


document_id: amla-1966
provision_ref: s97
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 97
title: Marriage of janda
content:
97. —(1) Where the woman to be wedded is a janda — ( a ) she must not be married to any person other than the husband from whom she was last divorced, at any time prior to the expiration of the period of iddah, which must be calculated in accordance with the Muslim law; ( b ) she must not be married unless she has previously produced — (i) a certificate of the death of her late husband; (ii) a certificate of divorce lawfully issued under the law for the time being in force; (iii) a certified copy of the entry relating to such divorce in the appropriate register of divorces; or (iv) a certificate, which may upon her application be granted after inquiry by the Syariah Court, to the effect that she is a janda; and ( c ) if the divorce was by 3 talak, she must not be remarried to her previous husband, unless prior to the marriage she has been lawfully married to some other person and such marriage has been consummated and later lawfully dissolved. (2) The Syariah Court may, if it is satisfied that there has been any collusion between the previous husband and the other person to whom the woman was married after the 3 talak, annul the remarriage with the previous husband mentioned in subsection (1)( c ). 98. [ Repealed by Act 29 of 2008 ]


document_id: amla-1966
provision_ref: s99
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 99
title: Copy of certificate to be sent to Registrar
content:
99. Every Kadi and Naib Kadi must, within one week of the registration of a marriage or revocation of divorce, send a copy of the certificate of marriage or revocation of divorce (as the case may be) to the Registrar.


document_id: amla-1966
provision_ref: s100
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 100
title: Registers of Marriages, Divorces and Revocation of Divorces
content:
100. —(1) The Registrar — ( a ) must maintain a Register of Marriages containing such records and information as the Registrar may determine on every marriage solemnised and registered under this Act; and ( b ) may keep the Register of Marriages in such form as the Registrar may determine. [33/2017] (2) The Registrar — ( a ) must maintain a Register of Revocation of Divorces containing such records and information as the Registrar may determine on every revocation of divorce registered under this Act; and ( b ) may keep the Register of Revocation of Divorces in such form as the Registrar may determine. [33/2017] (3) The registrar of the Syariah Court — ( a ) must maintain a Register of Divorces containing the copies of the certificates of divorce issued by that Court; and ( b ) may keep the Register of Divorces in the form that the registrar of the Syariah Court may determine. [Act 11 of 2022 wef 30/11/2022] (4) [ Deleted by Act 11 of 2022 wef 30/11/2022 ]


document_id: amla-1966
provision_ref: s101
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 101
title: Cancellation or rectification of entry in register or certificate, etc.
content:
101. —(1) If it appears that any entry in any Register of Marriages or Register of Revocation of Divorces kept or a certificate of marriage or certificate of revocation of divorce issued under this Act has been made or issued in error or contains any error that might be corrected, the Registrar or any person affected by such error may apply to the Syariah Court for the cancellation of the certificate or rectification of such entry. (2) If it appears that any entry in the Register of Divorces or a certificate of divorce issued under this Act has been made or issued in error or contains any error that might be corrected, any person affected by such error may apply to the Syariah Court for the cancellation of the certificate or rectification of such entry. (3) The Syariah Court may, after such inquiry as it thinks proper, order the cancellation of the certificate or rectification of the entry accordingly. (4) If it appears that any decree or order of the Syariah Court under this Act has been made or issued in error or contains any error that might be corrected, the Court may, on its own motion or upon the application of any person affected by such error, order the rectification of such error. (5) Any person may be ordered to surrender any document to the Registrar or any president of the Syariah Court for cancellation or rectification in consequence of any such order. (6) If the Registrar is satisfied by statutory declaration or otherwise that any certificate of marriage or certificate of revocation of divorce contains any clerical or typographical error, the Registrar may rectify such certificate. [Act 4 of 2024 wef 01/07/2024] (7) The Registrar must — ( a ) authenticate any rectification made in the certificate of marriage or the certificate of revocation of divorce (as the case may be); and [Act 4 of 2024 wef 01/07/2024] ( b ) authenticate any rectification made in the Register of Marriages or Register of Revocation of Divorces (as the case may be). [33/2017] [Act 4 of 2024 wef 01/07/2024] (8) [ Deleted by Act 4 of 2024 wef 01/07/2024 ]


document_id: amla-1966
provision_ref: s102
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 102
title: Registration of marriage, divorce or revocation of divorce compulsory
content:
102. —(1) A Kadi or Naib Kadi — ( a ) must register a marriage (which was solemnised by him or in his presence) immediately after the solemnisation of the marriage; and ( b ) may, at his option, register, or solemnise and register, a marriage — (i) at his house or office; (ii) at the house of the parties, or one of the parties, to the marriage; or (iii) at any other place proposed by the parties to the marriage. [33/2017] (2) In the case of every revocation of divorce effected in Singapore, the husband and wife must — ( a ) attend personally within 7 days beginning on the date of the revocation of divorce at the office of a Kadi; ( b ) furnish such particulars as are required by the Kadi for the due registration of such revocation of divorce; and ( c ) apply for the registration of such revocation of divorce. [33/2017] [Act 11 of 2022 wef 30/11/2022] (3) A Kadi must not register any revocation of divorce unless he is satisfied after inquiry that the parties have consented to the registration thereof. (4) Where, on an application for the registration of a revocation of divorce, the Kadi is not satisfied that both the parties have consented to the registration thereof, the Kadi must refer the application to the Syariah Court and the Syariah Court may make such decree or order as is lawful under the Muslim law. (5) In the case of every divorce effected in Singapore, the husband and wife must attend personally at the Syariah Court within 7 days beginning on the date of the divorce, or such extended time as the Syariah Court thinks fit, and — ( a ) furnish such particulars as are required by the Syariah Court; and ( b ) apply for a decree or order for divorce. [33/2017] [Act 11 of 2022 wef 30/11/2022]


document_id: amla-1966
provision_ref: s103
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 103
title: Signing of register and inquiry by Kadi
content:
103. —(1) Where a marriage has been solemnised by a Kadi or Naib Kadi, or by the wali of the woman to be wedded in the presence of a Kadi or Naib Kadi, the Kadi or Naib Kadi must register the marriage by entering the particulars of the marriage in the Register of Marriages and in the certificate of marriage. [33/2017] (2) Subject to section 102, a Kadi may, at any time within 7 days after a revocation of divorce, register the revocation of divorce by entering the particulars of the revocation of divorce in the Register of Revocation of Divorces and in the certificate of revocation of divorce. [33/2017] (3) [ Deleted by Act 4 of 2024 wef 01/07/2024 ] (4) Before making any entry, the Kadi or Naib Kadi must make such inquiries as he considers necessary to satisfy himself as to the validity of the marriage or revocation of divorce. (5) For the purpose of such inquiries, the Kadi or Naib Kadi may issue a summons requiring any person to appear before him to give evidence or to produce any document. (6) Every person so summoned is legally bound to comply with such summons.


document_id: amla-1966
provision_ref: s104
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 104
title: Refusal to register marriage or revocation of divorce
content:
104. —(1) Every Kadi or Naib Kadi who refuses to register a marriage and every Kadi who refuses to register a revocation of divorce must record his reasons for such refusal in a book to be kept for that purpose. (2) The Kadi or Naib Kadi must forthwith inform the Registrar and all other Kadis and Naib Kadis in Singapore in the prescribed form of his decision. (3) Upon payment of the prescribed fee, the Kadi or Naib Kadi must give a copy of his reasons for refusal to the applicant for registration.


document_id: amla-1966
provision_ref: s105
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 105
title: Appeal
content:
105. An appeal from the decision of a Kadi or Naib Kadi under this Act lies to an Appeal Board constituted under section 55 and that section applies, with the necessary modifications, to an appeal from the decision of a Kadi or Naib Kadi as they apply to an appeal from a decision of the Syariah Court.


document_id: amla-1966
provision_ref: s106
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 106
title: Where Appeal Board orders registration
content:
106. —(1) If the Appeal Board on appeal orders the marriage or revocation of divorce to be registered, the necessary entries must as soon as possible be made by the Kadi or Naib Kadi. (2) An entry must be made in the Register of Marriages or Register of Revocation of Divorces (as appropriate) showing that the marriage or revocation of divorce was registered by order of the Appeal Board on appeal, and must be authenticated by the person making the entry. [33/2017]


document_id: amla-1966
provision_ref: s107
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 107
title: Extended time for registration of revocation of divorce
content:
107. Any revocation of divorce which has not been registered within the time prescribed by section 102 may, with the Registrar’s written consent and subject to section 102(3) and (4), be registered by a Kadi within 3 months from the date of such revocation of divorce. [33/2017]


document_id: amla-1966
provision_ref: s108
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 108
title: Copy of entry to be given to parties
content:
108. On the completion of the registration of any marriage or revocation of divorce, the Kadi or Naib Kadi (as the case may be) must give to each of the parties a copy of the certificate of marriage or certificate of revocation of divorce. [Act 4 of 2024 wef 01/07/2024]


document_id: amla-1966
provision_ref: s109
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 109
title: Legal effect of registration of marriage, divorce or revocation of divorce
content:
109. Nothing in this Act is to be construed to render valid or invalid merely by reason of its having been or not having been registered any Muslim marriage, divorce or revocation of divorce which otherwise is invalid or valid.


document_id: amla-1966
provision_ref: s109A
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 109A
title: Marriages, divorces and revocation of divorces using electronic means of communication
content:
109A. —(1) Despite anything in section 95(2)( b ) or (4), 101(6) or (8), 102(1)( a ) or (2)( a ) or 103(1), (3) or (5) requiring, or relating to, the presence or appearance of any person to perform any act, or to witness or attest the doing of anything under any of those provisions, such person is taken to be present or to appear for that purpose if — ( a ) the person, with the permission of the Registrar, attends and performs that act, or witnesses or attests the doing of that thing, through the use of a live video link or live television link that is created using any electronic means of communication approved by the Registrar; ( b ) the person complies with such conditions that the Registrar considers necessary or expedient to impose relating to the use of the electronic means of communication; ( c ) the Registrar is satisfied that there are sufficient administrative and technical facilities and arrangements made at the place where the person is located; and ( d ) all of the following persons are in Singapore: (i) in relation to a marriage to which this Part applies — both parties to the marriage, the witnesses (if required) and the wali (if any) of the woman to be wedded; (ii) in relation to a revocation of divorce to which this Part applies — both parties to the revocation of divorce and the witnesses (if required). (2) [ Deleted by Act 4 of 2024 wef 01/07/2024 ] (3) Despite section 102(1)( b ) requiring any registration, or solemnisation and registration, of a marriage to be conducted at any place mentioned in that provision, that registration, or solemnisation and registration, may be conducted using any electronic means of communication in accordance with this section. (4) Despite section 102(5) requiring the presence of any person to perform any act, such person is taken to be present for that purpose if — ( a ) the person, with the permission of the senior president of the Court, attends and performs that act through the use of a live video link or live television link that is created using any electronic means of communication approved by the senior president of the Court; ( b ) the person complies with such conditions that the senior president of the Court considers necessary or expedient to impose relating to the use of the electronic means of communication; and ( c ) the senior president of the Court is satisfied that there are sufficient administrative and technical facilities and arrangements made at the place where the person is located. (5) [ Deleted by Act 4 of 2024 wef 01/07/2024 ]


document_id: amla-1966
provision_ref: s109B
chapter: PART 6 - MARRIAGE AND DIVORCE
section: 109B
title: Making of statutory declarations
content:
109B. Despite section 11(1)( b ) of the Oaths and Declarations Act 2000, a statutory declaration required for any purpose in section 43( b ) or 109A may be made by a person appearing before another person, who is empowered under any written law to take or receive the statutory declaration, using any electronic means of communication — ( a ) in the case of a statutory declaration required for any purpose in section 43( b ) or 109A(4) — approved by the senior president of the Court; and [Act 4 of 2024 wef 01/07/2024] ( b ) in the case of a statutory declaration required for any purpose in section 109A(1) or (3) — approved by the Registrar. [Act 11 of 2022 wef 30/11/2022] [Act 4 of 2024 wef 01/07/2024]


document_id: amla-1966
provision_ref: s110
chapter: PART 7 - PROPERTY
section: 110
title: Saving of distribution of Muslim estate by will
content:
110. Nothing in this Act is to be held to prevent any Muslim person directing by his or her will that his or her estate and effects must be distributed according to the Muslim law.


