# legal_provisions

document_id: irda-2018
provision_ref: s362
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 362
title: Unfair preferences
content:
362. —(1) Subject to this section and sections 363 and 365, where an individual is adjudged bankrupt and the individual has, at the relevant time (as defined in section 363), given an unfair preference to any person, the Official Assignee may apply to the Court for an order under this section. (2) The Court may, on such an application, make such order as it thinks fit for restoring the position to what it would have been if that individual had not given that unfair preference. (3) For the purposes of this section and sections 363 and 365, an individual gives an unfair preference to a person if — ( a ) that person is one of the individual’s creditors or a surety or guarantor for any of the individual’s debts or other liabilities; and ( b ) the individual does anything or suffers anything to be done which (in either case) has the effect of putting that person into a position which, in the event of the individual’s bankruptcy, will be better than the position that person would have been in if that thing had not been done. (4) The Court must not make an order under this section in respect of an unfair preference given to any person unless the individual who gave the preference was influenced in deciding to give it by a desire to produce in relation to that person the effect mentioned in subsection (3)( b ). (5) An individual who has given an unfair preference to a person who, at the time the unfair preference was given, was an associate of the individual (otherwise than by reason only of being the individual’s employee) is presumed, unless the contrary is shown, to have been influenced in deciding to give it by such a desire as is mentioned in subsection (4). (6) The fact that something has been done pursuant to the order of a court does not, without more, prevent the doing or suffering of that thing from constituting the giving of an unfair preference.


document_id: irda-2018
provision_ref: s363
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 363
title: Relevant time under sections 361 and 362
content:
363. —(1) Subject to this section, the time at which an individual enters into a transaction at an undervalue or gives an unfair preference is a relevant time if the transaction is entered into or the preference given — ( a ) in the case of a transaction at an undervalue — (i) where the bankruptcy application on which the individual is adjudged bankrupt is based on a presumption mentioned in section 312( d ), within the period commencing 3 years before the day on which the relevant bankruptcy application is made and ending on the day of the making of the bankruptcy application on which the individual is adjudged bankrupt; or (ii) in any other case, within the period of 3 years ending on the day of the making of the bankruptcy application on which the individual is adjudged bankrupt; ( b ) in the case of an unfair preference which is not a transaction at an undervalue and which is given to a person who is an associate of the individual (otherwise than by reason only of being the individual’s employee) — (i) where the bankruptcy application on which the individual is adjudged bankrupt is based on a presumption mentioned in section 312( d ), within the period commencing 2 years before the day on which the relevant bankruptcy application is made and ending on the day of the making of the bankruptcy application on which the individual is adjudged bankrupt; or (ii) in any other case, within the period of 2 years ending on the day of the making of the bankruptcy application on which the individual is adjudged bankrupt; or ( c ) in any other case of an unfair preference which is not a transaction at an undervalue — (i) where the bankruptcy application on which the individual is adjudged bankrupt is based on a presumption mentioned in section 312( d ), within the period commencing one year before the day on which the relevant bankruptcy application is made and ending on the day of the making of the bankruptcy application on which the individual is adjudged bankrupt; or (ii) in any other case, within the period of one year ending on the day of the making of the bankruptcy application on which the individual is adjudged bankrupt. (2) Where an individual enters into a transaction at an undervalue or gives an unfair preference at a time mentioned in subsection (1)( a ), ( b ) or ( c ), that time is not a relevant time for the purposes of sections 361 and 362 unless the individual — ( a ) is insolvent at that time; or ( b ) becomes insolvent in consequence of the transaction or preference. (3) Where a transaction is entered into at an undervalue by an individual with a person who is an associate of the individual (otherwise than by reason only of being the individual’s employee), the requirements under subsection (2) are presumed to be satisfied unless the contrary is shown. (4) For the purposes of subsection (2), an individual is insolvent if — ( a ) the individual is unable to pay his or her debts as they fall due; or ( b ) the value of the individual’s assets is less than the amount of his or her liabilities, taking into account his or her contingent and prospective liabilities. (5) Where any of the periods mentioned in subsection (6) in respect of an individual coincides with any period mentioned in subsection (1)( a ), ( b ) or ( c ) in respect of the individual, the time at which a transaction at an undervalue is entered into or an unfair preference is given by that individual is a relevant time if that transaction is entered into or that preference is given during the period, immediately preceding that period mentioned in subsection (1)( a ), ( b ) or ( c ) (as the case may be) that is equal to the aggregate of all such periods mentioned in subsection (6) coinciding with the period mentioned in subsection (1)( a ), ( b ) or ( c ), as the case may be. (6) The periods mentioned in subsection (5) are as follows: ( a ) the period during which an order under section 278 staying any bankruptcy application is in force; ( b ) the period during which an interim order on an application under section 276 is in force in relation to the individual. (7) In this section, “relevant bankruptcy application” means the bankruptcy application made against an individual that resulted in the debt repayment scheme mentioned in section 312( d ) in respect of that individual.


document_id: irda-2018
provision_ref: s364
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 364
title: Meaning of associate
content:
364. —(1) For the purposes of sections 362, 363 and 365, any question whether a person is an associate of another person is to be determined in accordance with this section. (2) A person is an associate of an individual if that person is — ( a ) the individual’s spouse; or ( b ) a relative of — (i) the individual; or (ii) the individual’s spouse; or ( c ) the spouse of a relative of — (i) the individual; or (ii) the individual’s spouse. (3) A person is an associate of — ( a ) any individual with whom the person is in partnership; and ( b ) any spouse or relative of any individual with whom the person is in partnership. (4) A person is an associate of any individual whom the person employs or by whom the person is employed, and for this purpose, any director or other officer of a company is treated as employed by that company. (5) A person in the person’s capacity as trustee of a trust is an associate of an individual if the beneficiaries of the trust include, or the terms of the trust confer a power that may be exercised for the benefit of, that individual or an associate of that individual. (6) A company is an associate of an individual if that individual has control of it or if that individual and persons who are that individual’s associates together have control of it. (7) For the purposes of this section, a person is a relative of an individual if the person is that individual’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, treating — ( a ) any relationship of the half blood as a relationship of the whole blood and the stepchild or adopted child of any person as that person’s child; and ( b ) an illegitimate child as the legitimate child of the child’s mother and reputed father. (8) References in this section to a spouse include a former spouse. (9) For the purposes of this section, an individual is taken to have control of a company ( C ) if — ( a ) the directors of C or of another company which has control of C (or any of those directors) are accustomed to act in accordance with the individual’s directions or instructions; or ( b ) the individual is entitled to exercise, or control the exercise of, one‑third or more of the voting power at any general meeting of C or of another company which has control of C , and where 2 or more persons together satisfy paragraph ( a ) or ( b ), they are taken to have control of C . (10) In this section, “company” includes any body corporate (whether incorporated in Singapore or elsewhere), and references to directors and other officers of a company and to voting power at any general meeting of a company have effect with any necessary modifications.


document_id: irda-2018
provision_ref: s365
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 365
title: Orders under sections 361 and 362
content:
365. —(1) Without limiting sections 361(2) and 362(2), an order under either of those sections with respect to a transaction or preference entered into or given by an individual who is subsequently adjudged bankrupt may, subject to this section — ( a ) require any property transferred as part of the transaction, or in connection with the giving of the preference, to be vested in the Official Assignee; ( b ) require any property to be so vested if it represents in any person’s hands the application of the proceeds of sale of property so transferred or of money so transferred; ( c ) release or discharge (in whole or in part) any security given by the individual; ( d ) require any person to pay, in respect of benefits received by the person from the individual, such sums to the Official Assignee as the Court may direct; ( e ) provide for any surety or guarantor whose obligations to any person were released or discharged (in whole or in part) under the transaction or by the giving of the preference to be under such new or revived obligations to that person as the Court thinks appropriate; ( f ) provide for security to be provided for the discharge of any obligation imposed by or arising under the order, for such an obligation to be charged on any property and for the security or charge to have the same priority as a security or charge released or discharged (in whole or in part) under the transaction or by the giving of the unfair preference; and ( g ) provide for the extent to which any person whose property is vested by the order in the Official Assignee, or on whom obligations are imposed by the order, is to be able to prove in the bankruptcy for debts or other liabilities which arose from, or were released or discharged (in whole or in part) under or by, the transaction or the giving of the unfair preference. (2) An order under section 361 or 362 may affect the property of, or impose any obligation on, any person whether or not that person is the person with whom the individual in question entered into the transaction or (as the case may be) the person to whom the unfair preference was given. (3) An order under section 361 or 362 does not — ( a ) prejudice any interest in property which was acquired from a person other than that individual and was acquired in good faith and for value, or prejudice any interest deriving from such an interest; or ( b ) require a person who received a benefit from the transaction or unfair preference in good faith and for value to pay a sum to the Official Assignee, except where the person was a party to the transaction or the payment is to be in respect of an unfair preference given to that person at a time when that person was a creditor of that individual. (4) For the purposes of subsection (3)( a ) and ( b ), a person (called in this section the relevant person) who has acquired an interest in property from a person other than the individual in question, or who has received a benefit from the transaction or unfair preference, is presumed (unless the contrary is shown) to have acquired the interest or received the benefit (as the case may be) otherwise than in good faith if, at the time of the acquisition or receipt — ( a ) the relevant person had notice of the relevant surrounding circumstances and of the relevant proceedings; or ( b ) the relevant person was an associate of, or was connected with — (i) the individual in question; or (ii) the person with whom the individual in question entered into the transaction, or to whom the individual gave the unfair preference, as the case may be. (5) Any sums required to be paid to the Official Assignee in accordance with an order under section 361 or 362 are to be comprised in the bankrupt’s estate. (6) For the purposes of subsection (4)( a ), the relevant surrounding circumstances are — ( a ) the fact that the individual in question entered into the transaction at an undervalue; or ( b ) the circumstances which amounted to the giving of the unfair preference by the individual in question. (7) For the purposes of subsection (4)( a ), the relevant person has notice of the relevant proceedings if the relevant person has notice of — ( a ) the making of the bankruptcy application on which the individual in question is adjudged bankrupt; or ( b ) the fact that the individual in question has been adjudged bankrupt. (8) Despite section 364(1), for the purposes of subsection (4)( b )(ii), a company is regarded as an associate of another company if — ( a ) the same person controls both companies; ( b ) a person controls one company and either an associate of that person controls, or that person and the associate control, the other company; or ( c ) each company is controlled by a group of 2 or more persons, and the groups — (i) consist of the same persons; or (ii) can be regarded as consisting of the same persons if (in one or more cases) a member of either group is replaced by an associate of that member. (9) For the purposes of subsection (4)( b ), the relevant person is connected with a company if the relevant person — ( a ) is a director of the company; or ( b ) is an associate of — (i) the company; or (ii) a director of the company. (10) In subsection (9), “director” has the meaning given by section 4(1) of the Companies Act 1967.


document_id: irda-2018
provision_ref: s366
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 366
title: Extortionate credit transactions
content:
366. —(1) This section applies where a person who is adjudged bankrupt is or has been a party to a transaction for or involving the provision to that person of credit. (2) The Court may, on the application of the Official Assignee, make an order with respect to the transaction if the transaction is or was extortionate and was entered into within 3 years before the commencement of the bankruptcy. (3) For the purposes of this section, a transaction is presumed to be extortionate, unless the contrary is proved, if, having regard to the risk accepted by the person providing the credit — ( a ) the terms of it are or were such as to require grossly exorbitant payments to be made (whether unconditionally or in certain contingencies) in respect of the provision of the credit; or ( b ) it is harsh and unconscionable or substantially unfair. (4) An order under this section may contain one or more of the following: ( a ) provision setting aside the whole or part of any obligation created by the transaction; ( b ) provision varying the terms of the transaction or varying the terms on which any security for the purposes of the transaction is held; ( c ) provision requiring any person who is or was party to the transaction to pay the Official Assignee any sums paid to that person; ( d ) provision requiring any person to surrender to the Official Assignee any property held by that person as security for the purposes of the transaction; ( e ) provision directing accounts to be taken between any persons. (5) Any sums or property required to be paid or surrendered to the Official Assignee in accordance with an order under this section are to be comprised in the bankrupt’s estate.


document_id: irda-2018
provision_ref: s367
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 367
title: Restriction of rights of creditor under enforcement order or attachment
content:
367. —(1) Where the creditor of a bankrupt has obtained an enforcement order against the goods or lands of the bankrupt or has attached any debt due or property belonging to the bankrupt, the creditor is not entitled to retain the benefit of the enforcement order or attachment against the Official Assignee unless the creditor has completed the execution of the enforcement order or attachment before the date of the bankruptcy order, except that — ( a ) a person who purchases in good faith under a sale by the Sheriff any goods of a bankrupt on which an enforcement order has been executed acquires a good title in all cases to them against the Official Assignee; and [Act 25 of 2021 wef 01/04/2022] ( b ) the rights conferred by this subsection on the Official Assignee may be set aside by the Court in favour of the creditor to such extent and subject to such terms as the Court thinks fit. [Act 25 of 2021 wef 01/04/2022] (2) For the purposes of this Act — ( a ) an enforcement order against goods is completed by seizure and sale; [Act 25 of 2021 wef 01/04/2022] ( b ) an attachment of a debt is completed by receipt of the debt; and ( c ) an enforcement order against land or any interest in land is completed by registering under any written law relating to the registration of land an enforcement order for seizure and sale of property attaching the interest of the bankrupt in the land described in the enforcement order for seizure and sale of property. [Act 25 of 2021 wef 01/04/2022]


document_id: irda-2018
provision_ref: s368
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 368
title: Duties of Sheriff as to property taken under or pursuant to enforcement order
content:
368. —(1) Where any property of a debtor is taken under or pursuant to an enforcement order, then, if before the completion of the execution of the enforcement order, notice is given to the Sheriff that a bankruptcy order has been made against the debtor, the Sheriff must deliver the property or the possession of the property and any such moneys to the Official Assignee. [Act 25 of 2021 wef 01/04/2022] (2) The costs of and incidental to the enforcement order under subsection (1) are a first charge on the property or moneys, and the Official Assignee may sell the property or any adequate part of the property for the purpose of satisfying the charge. [Act 25 of 2021 wef 01/04/2022] (3) Where an enforcement order for seizure and sale of property has been issued in respect of a judgment for a sum exceeding $2,000, the Sheriff must hold all moneys coming to the Sheriff’s hands under the enforcement order for seizure and sale of property for 14 days starting from the receipt of the moneys. [Act 25 of 2021 wef 01/04/2022] (4) If — ( a ) within the time mentioned in subsection (3), notice is served on the Sheriff of a bankruptcy application having been made against or by the debtor; and [Act 32 of 2024 wef 25/11/2024] ( b ) a bankruptcy order is made against the debtor on the bankruptcy application or on any other application of which the Sheriff has notice, the Sheriff must deduct the costs of and incidental to the execution of the enforcement order and pay the balance to the Official Assignee, who is entitled to retain the same as against the enforcement creditor. [Act 25 of 2021 wef 01/04/2022] [Act 32 of 2024 wef 25/11/2024] Division 7 &#x2014; Possession, control and realisation of
bankrupt’s property


document_id: irda-2018
provision_ref: s369
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 369
title: Possession of property by Official Assignee
content:
369. —(1) The Official Assignee must forthwith after the bankruptcy order, take possession of — ( a ) the deeds, books and documents which relate to the bankrupt’s estate or affairs and which belong to the bankrupt or are under the bankrupt’s control (including any which would be privileged from disclosure in any proceedings); and ( b ) all other parts of the bankrupt’s property capable of manual delivery. (2) The Official Assignee is, in relation to and for the purpose of acquiring or retaining possession of the property of the bankrupt, in the same position as if the Official Assignee were a receiver of the property appointed by the Court, and the Court may on the Official Assignee’s application enforce the acquisition or retention accordingly. (3) Where any part of the property of the bankrupt consists of stock, shares in ships, shares or any other property transferable in the books of any company, office or person, the Official Assignee may exercise the right to transfer the property to the same extent as the bankrupt might have exercised it if the bankrupt had not become bankrupt. (4) Where any part of the property of the bankrupt consists of things in action, those things are deemed to have been duly assigned to the Official Assignee. (5) Any banker or agent of the bankrupt or any other person who holds any property to the account of, or for, the bankrupt must pay and deliver to the Official Assignee all moneys and securities in the possession or under the control of the banker, agent or other person which the banker, agent or other person (as the case may be) is not by law entitled to retain as against the bankrupt or the Official Assignee. (6) Any person who fails to comply with subsection (5) 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: irda-2018
provision_ref: s370
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 370
title: Seizure of bankrupt’s property held by bankrupt or other person
content:
370. —(1) At any time after a bankruptcy order has been made, the Official Assignee or any person authorised by the Official Assignee may take an inventory of and seize any property comprised in the bankrupt’s estate which is, or any books, papers or records relating to the bankrupt’s estate or affairs which are, in the possession or under the control of the bankrupt (including any which would be privileged from disclosure in any proceedings) or any other person who is required to deliver the property, books, papers or records to the Official Assignee. (2) The Official Assignee or any person authorised by the Official Assignee may, for the purposes of taking an inventory of or seizing any property comprised in the bankrupt’s estate or any books, papers or records relating to the bankrupt’s estate or affairs (including any which would be privileged from disclosure in any proceedings), break open any premises where the bankrupt or anything that may be seized under subsection (1) is or is believed to be and any receptacle of the bankrupt which contains or is believed to contain anything that may be so seized. (3) If, after a bankruptcy order has been made, the Court is satisfied that any property comprised in the bankrupt’s estate is, or any books, papers or records relating to the bankrupt’s estate or affairs (including any which would be privileged from disclosure in any proceedings) are, concealed in any premises not belonging to the bankrupt, the Court may issue a warrant authorising any public officer to search those premises for the property, books, papers or records. (4) A warrant under subsection (3) must be executed in accordance with the Rules and in accordance with its terms.


document_id: irda-2018
provision_ref: s371
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 371
title: Payment of monthly contribution
content:
371. —(1) Subject to subsection (2), a bankrupt who is not discharged must pay to the Official Assignee, on or before such day of each month as the Official Assignee may specify in writing, an amount not less than the bankrupt’s monthly contribution. (2) Where the target contribution for a bankruptcy has been paid in full, whether through payments by the bankrupt or otherwise, subsection (1) ceases to apply to the bankrupt. (3) To avoid doubt, subsection (1) does not prevent any person other than the bankrupt from paying, to the Official Assignee, any amount towards the bankrupt’s target contribution.


document_id: irda-2018
provision_ref: s372
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 372
title: Appropriation of portion of pay or salary to creditors
content:
372. —(1) Where the bankrupt is an officer of the Singapore Armed Forces or a public officer or otherwise employed or engaged in the public service of the Government, the Official Assignee is to receive for distribution amongst the creditors so much of the bankrupt’s pay or salary as the Court, on the application of the Official Assignee, directs. (2) Where a bankrupt is — ( a ) in receipt of a salary or income other than as mentioned in subsection (1); or ( b ) entitled to any half-pay, pension or compensation granted by the Government or any other employer, the Court may, on the application of the Official Assignee, subject to any written law relating to pensions, make such order as the Court thinks just for the payment of the salary, income, half‑pay, pension or compensation or of any part of the salary, income, half-pay, pension or compensation to the Official Assignee, to be applied by the Official Assignee in such manner as the Court directs. (3) Nothing in this section abrogates the right of the Government to dismiss a bankrupt or to declare the half‑pay, pension or compensation of any bankrupt to be forfeited. (4) In fixing the amount to be received by the Official Assignee under this section, the Court, without affecting subsection (5)( a ) but subject to subsection (5)( b ), is to have regard to the scale of appropriation of salary in any regulation made for the purposes of this section by the Minister under section 449. (5) The Court — ( a ) may, in its discretion, fix a larger or smaller amount than the amount provided in the scale; but ( b ) must not do any of the following: (i) order the payment, on a monthly basis out of the bankrupt’s monthly income, of any amount which exceeds the bankrupt’s monthly contribution; (ii) order the payment of any amount which exceeds the difference between the bankrupt’s target contribution and what has been paid towards the bankrupt’s target contribution; (iii) order the payment of any amount that is needed for the maintenance of the bankrupt and the bankrupt’s family.


document_id: irda-2018
provision_ref: s373
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 373
title: Power to disclaim onerous property
content:
373. —(1) The Official Assignee may, by the giving of the prescribed notice, disclaim any onerous property and may do so despite having taken possession of it, endeavoured to sell it, or otherwise exercised rights of ownership in relation to it. (2) The following is onerous property for the purposes of this section: ( a ) any unprofitable contract; ( b ) any other property comprised in the bankrupt’s estate which — (i) is unsaleable; (ii) is not readily saleable; or (iii) may give rise to a liability to pay money or perform any other onerous act. (3) A disclaimer under this section — ( a ) determines, as from the date of the disclaimer, the rights, interests and liabilities of the bankrupt and the bankrupt’s estate in or in respect of the property disclaimed; and ( b ) discharges the Official Assignee from all personal liability in respect of that property as from the commencement of the Official Assignee’s trusteeship, but does not, except so far as is necessary for the purpose of releasing the bankrupt, the bankrupt’s estate and the Official Assignee from any liability, affect the rights and liabilities of any other person. (4) A notice of disclaimer may not be given under subsection (1) in respect of any property — ( a ) in the case of property subject to any written law set out in the first column of the Second Schedule, unless — (i) the Official Assignee has given written notice of the Official Assignee’s intention to disclaim the property, to the relevant person set out opposite in the second column; and (ii) a period of 28 days starting on the date of the notice mentioned in sub‑paragraph (i) has elapsed; or ( b ) in any case, if — (i) a person interested in the property has applied in writing to the Official Assignee or one of the Official Assignee’s predecessors as trustee requiring the Official Assignee or that predecessor to decide whether or not the Official Assignee or that predecessor will disclaim the property; and (ii) the notice of disclaimer is not given under this section in respect of that property within a period of 28 days, or such longer period as the Court may allow, starting on the date of the application mentioned in sub‑paragraph (i). (5) The Official Assignee is deemed to have adopted any contract which by virtue of this section the Official Assignee is not entitled to disclaim. (6) Any person sustaining loss or damage in consequence of the operation of a disclaimer under this section is deemed to be a creditor of the bankrupt to the extent of the loss or damage and accordingly may prove for the loss or damage as a bankruptcy debt.


document_id: irda-2018
provision_ref: s374
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 374
title: Disclaimer of leaseholds
content:
374. —(1) A disclaimer under section 373 of any property of a leasehold nature does not take effect unless a copy of the notice of disclaimer has been served (so far as the Official Assignee is aware of their addresses) on every person claiming under the bankrupt as sub‑lessee or mortgagee and either — ( a ) no application under section 375 is made with respect to the property before the end of the period of 14 days starting on the date on which the last notice served under this subsection was served; or ( b ) where an application under section 375 has been made, the Court directs that the disclaimer is to take effect. (2) Where the Court gives a direction under subsection (1)( b ), the Court may also, instead of or in addition to any order the Court makes under section 375, make such orders with respect to fixtures, tenant’s improvements and other matters arising out of lease as the Court thinks fit.


document_id: irda-2018
provision_ref: s375
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 375
title: Court order vesting disclaimed property
content:
375. —(1) This section and section 376 apply where the Official Assignee has disclaimed property under section 373. (2) An application may be made to the Court under this section by — ( a ) any person who claims an interest in the disclaimed property; ( b ) any person who is under any liability in respect of the disclaimed property, not being a liability discharged by the disclaimer; or ( c ) where the disclaimed property is property in a dwelling house, any person who at the time when the bankruptcy order was made was in occupation of or entitled to occupy the dwelling house. (3) The Court may, on an application under this section, make an order on such terms as it thinks fit for the vesting of the disclaimed property in, or for its delivery to — ( a ) a person entitled to the disclaimed property or a trustee for such a person; ( b ) a person subject to such a liability as is mentioned in subsection (2)( b ) or a trustee for such a person; or ( c ) where the disclaimed property is property in a dwelling house, any person who at the time when the bankruptcy order was made was in occupation of or entitled to occupy the dwelling house. (4) The Court may not make any order by virtue of subsection (3)( b ) except where it appears to the Court that it would be just to do so for the purpose of compensating the person subject to the liability in respect of the disclaimer. (5) The effect of any order under this section is to be taken into account in assessing for the purposes of section 373(6) the extent of any loss or damage sustained by any person in consequence of the disclaimer. (6) An order under this section vesting property in any person — ( a ) need not be completed by any conveyance, assignment or transfer; but ( b ) does not have any effect or operation in transferring or otherwise vesting land until the appropriate entries are made with respect to the vesting of that land by the appropriate authority.


document_id: irda-2018
provision_ref: s376
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 376
title: Order under section 375 in relation to leaseholds
content:
376. —(1) The Court must not make any order under section 375 vesting property of a leasehold nature in any person, except on terms making that person — ( a ) subject to the same liabilities and obligations as the bankrupt was subject to under the lease on the day the bankruptcy order was made; or ( b ) if the Court thinks fit, subject to the same liabilities and obligations as that person would be subject to if the lease had been assigned to that person on that day. (2) For the purposes of an order under section 375 relating to only part of any property comprised in a lease, the requirements of subsection (1) apply as if the lease comprised only the property to which the order relates. (3) Where subsection (1) applies and no person is willing to accept an order under section 375 on the terms mentioned in subsection (1), the Court may (by order under section 375) vest the estate or interest of the bankrupt in the property in — ( a ) any person who is liable (whether personally or in a representative capacity and whether alone or jointly with the bankrupt) to perform the lessee’s covenants in the lease; or ( b ) such person mentioned in paragraph ( a ) freed and discharged from all estates, encumbrances and interests created by the bankrupt. (4) Where subsection (1) applies, and a person declines to accept any order under section 375, that person is excluded from all interest in the property.


document_id: irda-2018
provision_ref: s377
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 377
title: Power of Official Assignee to deal with property
content:
377. —(1) Subject to Parts 3 and 13 to 22, the Official Assignee may — ( a ) sell all or any part of the property of a bankrupt, including the goodwill of the bankrupt’s business (if any) and the book debts due or accruing due to the bankrupt, by tender, public auction or private contract, with power to transfer the whole of the property to any person or to sell the property in parcels; ( b ) give receipts for any money received by the Official Assignee, being receipts which effectually discharge the person paying the money from all responsibility in respect of the application of the money; ( c ) prove, rank, claim, and draw a dividend in respect of any debt due to the bankrupt; ( d ) exercise any power, the capacity to exercise which is vested in the Official Assignee under Parts 3 and 13 to 22, and execute any power of attorney, deeds and other instrument for the purpose of carrying into effect the provisions of those Parts; and ( e ) deal with any property to which the bankrupt is beneficially entitled as tenant in tail, or other owner of an estate of inheritance less than an estate in fee simple, in the same manner as the bankrupt might have dealt with it. (2) Any such dealing with any property mentioned in subsection (1)( e ) to which the bankrupt is, before the bankrupt’s discharge, so entitled is, although the bankrupt is dead at the time of that dealing, as valid and has the same operation as though the bankrupt were then alive.


document_id: irda-2018
provision_ref: s378
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 378
title: General powers of Official Assignee
content:
378. The Official Assignee may exercise any of the following powers: ( a ) carry on any business of the bankrupt so far as is necessary for winding it up beneficially; ( b ) bring, institute or defend any action or legal proceedings relating to the property of the bankrupt; ( c ) employ an advocate and solicitor to take any proceedings or do any business; ( d ) accept, as the consideration for the sale of any property of the bankrupt, a sum of money payable at a future time, subject to such stipulations as to security or otherwise as the Official Assignee thinks fit; ( e ) mortgage or pledge any part of the property of the bankrupt for the purpose of raising money for the payment of the bankrupt’s debts; ( f ) refer any dispute to arbitration, or compromise all debts, claims and liabilities, whether present or future, certain or contingent, liquidated or unliquidated, subsisting or supposed to subsist, between the bankrupt and any person who may have incurred any liability to the bankrupt, on the receipt of such sums payable at such times, and generally on such terms as are agreed on; ( g ) make such compromise or other arrangement as is thought expedient with creditors or persons claiming to be creditors in respect of any debts provable under the bankruptcy; ( h ) make such compromise or other arrangement as is thought expedient with respect to any claim arising out of or incidental to the property of the bankrupt, made or capable of being made on the Official Assignee by any person or by the Official Assignee on any person; ( i ) divide in its existing form, amongst the creditors according to its estimated value, any property which from its peculiar nature or other special circumstances cannot be readily or advantageously sold.


document_id: irda-2018
provision_ref: s379
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 379
title: Power to appoint special manager
content:
379. —(1) The Official Assignee may, if satisfied that the nature of the bankrupt’s estate or business or the interests of the creditors generally require the appointment of a special manager of the estate or business other than the Official Assignee, appoint a manager of the estate or business to act, with such powers, including any of the powers of a receiver, as are entrusted to the manager by the Official Assignee. (2) The bankrupt may be appointed special manager. (3) A special manager must give such security and account in such manner as the Official Assignee may direct. (4) The special manager is to receive such remuneration as the Official Assignee may determine.


document_id: irda-2018
provision_ref: s380
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 380
title: Power to allow bankrupt to manage property and make allowance to bankrupt, etc.
content:
380. —(1) The Official Assignee may appoint the bankrupt to superintend the management of the bankrupt’s property or any part of the property, or to carry on the bankrupt’s trade (if any) for the benefit of the bankrupt’s creditors, and in any other respect to aid in administering the property in such manner and on such terms as the Official Assignee directs. (2) The Official Assignee may make such allowance as the Official Assignee thinks just to the bankrupt out of the bankrupt’s property for the support of the bankrupt and the bankrupt’s family, or in consideration of the bankrupt’s service if the bankrupt is engaged in winding up the bankrupt’s estate, but the Court may reduce the allowance and limit the time for which it may be made. (3) Where the bankrupt has died, the Official Assignee may make an allowance to members of the bankrupt’s family for their support. (4) The Official Assignee may also make an allowance to defray the funeral expenses of the bankrupt. (5) In fixing the amount of the allowance, the Official Assignee may take into account any assistance rendered by the bankrupt in the administration or management of the bankrupt’s property or the carrying on of the bankrupt’s trade.


document_id: irda-2018
provision_ref: s381
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 381
title: Re-direction of bankrupt’s letters, etc.
content:
381. —(1) Where a bankruptcy order has been made, the Official Assignee may from time to time direct a postal licensee under the Postal Services Act 1999 to re‑direct and send or deliver to the Official Assignee or otherwise any postal article which would otherwise be sent or delivered by it to the bankrupt at such place or places as may be specified in the direction. (2) A direction under this section has effect for such period, not exceeding 3 months, as may be specified in the direction.


document_id: irda-2018
provision_ref: s382
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 382
title: Power to impound passport, etc., of bankrupt
content:
382. —(1) The Official Assignee may, if the Official Assignee thinks it necessary for the purposes of ensuring that a bankrupt does not leave Singapore during the administration of the bankrupt’s estate, issue a direction to the Controller of Immigration to request that the bankrupt be prevented from leaving Singapore. (2) Subject to any order issued or made under any written law relating to banishment or immigration, the Controller of Immigration must pursuant to the direction under subsection (1) take, or cause to be taken by any immigration officer, such measures as may be necessary to prevent the bankrupt named in the direction from leaving Singapore, including the detention of the bankrupt’s passport, certificate of identity or travel document authorising the bankrupt to leave or enter Singapore. (3) Where the Controller of Immigration has detained the passport, certificate of identity or other travel document of a bankrupt under subsection (2), the Controller must forthwith forward the passport, certificate of identity or travel document to the Official Assignee. (4) Despite subsections (1), (2) and (3), the Official Assignee may, if the Official Assignee thinks fit, detain any passport, certificate of identity or other travel document authorising the bankrupt to leave or enter Singapore. (5) The Official Assignee may, if the Official Assignee thinks fit, retain or return to the bankrupt the passport, certificate of identity or travel document forwarded to the Official Assignee by the Controller of Immigration under subsection (3) or detained by the Official Assignee under subsection (4).


document_id: irda-2018
provision_ref: s383
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 383
title: Incurring expenses where property insufficient
content:
383. —(1) Subject to this section and section 384, the Official Assignee is not liable to incur any expense in relation to the realisation and distribution of a bankrupt’s property unless there is sufficient available property in the bankrupt’s estate. (2) The Court may, on the application of a creditor, direct the Official Assignee to incur a particular expense on condition that the creditor indemnifies the Official Assignee in respect of the recovery of the amount expended and, if the Court so directs, gives such security to secure the amount of the indemnity as the Court thinks reasonable. (3) Nothing in this section relieves the Official Assignee of any obligation under section 339, 340, 341, 342, 343 or 344. (4) Nothing in this section relieves a trustee in bankruptcy of any obligation to submit or serve a document (including a report) to or on the Official Assignee under any provision of Parts 3 and 16 to 22 by reason only that the trustee in bankruptcy would be required to incur expense in order to perform that obligation.


document_id: irda-2018
provision_ref: s384
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 384
title:
Official Assignee not to incur further expenses if majority in value of debts owed to institutional creditors

content:
384. —(1) The Official Assignee is not liable to incur any expense in relation to the realisation and distribution of a bankrupt’s property, other than expenses in relation to payments made towards the target contribution — ( a ) if, and only so long as, the relevant condition is met; and ( b ) if the Official Assignee has given to every creditor who has filed a proof of debt, a notice in writing in accordance with subsection (2). (2) After the expiry of the time within which creditors are required under section 347(2) to file their proof of debt, if the Official Assignee is satisfied that the relevant condition is met, the Official Assignee may give to each of the bankrupt’s creditors who has filed a proof of debt, a notice in writing — ( a ) informing the creditors that the Official Assignee is satisfied that the relevant condition is met; ( b ) informing the creditors that they may wish to consider making an application under section 36 for the appointment of a person other than the Official Assignee to act as the trustee of the bankrupt’s estate; and ( c ) providing a summary of the administration of the bankrupt’s estate that contains such particulars as may be prescribed. (3) Nothing in this section relieves the Official Assignee of any obligation under section 339, 340, 341, 342, 343, 344 or 347. (4) In this section — “annual sales turnover”, for a relevant period and in relation to an undertaking, means — ( a ) if the relevant period is a business year that consists of 12 months, the sales turnover of the undertaking in the relevant period; or ( b ) if the relevant period is a business year that does not consist of 12 months or is a period mentioned in paragraph ( b ) of the definition of “relevant period”, the amount calculated using the formula where — (i) S is the sales turnover of the undertaking in the relevant period; and (ii) B is the number of months in the relevant period; “business year” means a period in respect of which an undertaking prepares or is required to prepare accounts; “employee” means an individual who has entered into or works under a contract of service with an employer; “institutional creditor”, in relation to a bankrupt, means a creditor that is — ( a ) a banking corporation; ( b ) a finance company licensed under the Finance Companies Act 1967; ( c ) a holder of a capital markets services licence granted under section 86 of the Securities and Futures Act 2001; or ( d ) an undertaking that — (i) in the relevant period, has an annual sales turnover of more than $100 million; and (ii) at the date of the bankruptcy application on which the bankrupt was adjudged bankrupt, has more than 200 employees; “relevant condition”, in relation to a bankrupt, means a majority in value of the total debts of the bankrupt that have been proved (and are not withdrawn) are owed to one or more persons who are either an institutional creditor or a subsidiary of an institutional creditor; “relevant period”, in relation to an undertaking, means — ( a ) the business year of the undertaking immediately preceding the date of the bankruptcy application on which the bankrupt was adjudged bankrupt; or ( b ) if there is no such business year, the period between the date of commencement of the business operations of the undertaking and the date of the bankruptcy application on which the bankrupt was adjudged bankrupt (both dates inclusive); “sales turnover”, in relation to an undertaking, means the aggregate of the following amounts, after deducting sales rebates, goods and services tax and other taxes directly related to those amounts: ( c ) the amounts derived by that undertaking from the sale of products and the provision of services falling within the ordinary activities of that undertaking; ( d ) any other amounts derived from the business operations of that undertaking, but excluding gains from the sale of fixed assets, donations, grants, subsidies, subscriptions, interest, dividends, goods purchased for resale and investment income; “undertaking” means any individual, or any body corporate, unincorporated body of persons or other entity, that is capable of carrying on commercial or economic activities relating to goods or services, but excludes a body corporate or unincorporate established by or under any public Act to perform or discharge a public function. [Act 1 of 2023 wef 01/11/2023] Division 8 &#x2014; Distribution of property


document_id: irda-2018
provision_ref: s385
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 385
title: Distribution by means of dividend
content:
385. —(1) Whenever the Official Assignee has sufficient funds in hand for the purpose, the Official Assignee must, subject to the retention of such sums as may be necessary for the expenses of the bankruptcy, declare and distribute dividends among the creditors in respect of the debts which the creditors have respectively proved. (2) The Official Assignee must give notice of the Official Assignee’s intention to declare and distribute a dividend. (3) Where the Official Assignee has declared a dividend, the Official Assignee must give notice of the dividend and of how the Official Assignee proposes to distribute it. (4) The notice given under subsection (3) must contain the prescribed particulars of the bankrupt’s estate. (5) In the calculation and distribution of a dividend, the Official Assignee must make provision — ( a ) for any provable debt which is the subject of any claim which has not yet been determined; and ( b ) for disputed proofs and claims. (6) No dividend is to be paid to any creditor which does not amount to $50.


document_id: irda-2018
provision_ref: s386
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 386
title: Claims by unsatisfied creditors
content:
386. —(1) A creditor who has not proved the creditor’s debt before the declaration of any dividend is not entitled to disturb, by reason that the creditor has not participated in it, the distribution of that dividend or any other dividend declared before the debt was proved. (2) When a creditor has proved the creditor’s debt, the creditor is entitled to be paid out of any money for the time being available for the payment of any further dividend, any dividend or dividends which the creditor has failed to receive. (3) Any dividend or dividends payable under subsection (2) must be paid before that money is applied to the payment of any such further dividend.


document_id: irda-2018
provision_ref: s387
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 387
title: Final distribution
content:
387. —(1) When the Official Assignee has realised all the bankrupt’s estate or so much of it as can, in the opinion of the Official Assignee, be realised without needlessly protracting the proceedings in bankruptcy, the Official Assignee may give notice in the prescribed manner of the Official Assignee’s intention to declare a final dividend. (2) The notice under subsection (1) must contain the prescribed particulars and must require claims against the bankrupt’s estate to be established by a date (called in this section the final date) specified in the notice. (3) The Court may, on the application of any person, postpone the final date. (4) After the final date, the Official Assignee must — ( a ) defray any outstanding expenses of the bankruptcy out of the bankrupt’s estate; and ( b ) if the Official Assignee intends to declare a final dividend, declare and distribute that dividend without regard to the claim of any person in respect of a debt not already proved in the bankruptcy.


document_id: irda-2018
provision_ref: s388
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 388
title: Joint and separate dividends
content:
388. —(1) Where one partner of a firm is adjudged bankrupt, a creditor to whom the bankrupt is indebted jointly with the other partners of the firm, or any of them, is not entitled to receive any dividend out of the separate property of the bankrupt until all the separate creditors have received the full amount of their respective debts. (2) Where joint and separate properties are being administered, dividends of the joint and separate properties are, subject to any order to the contrary that is made by the Court on the application of the Official Assignee or any person interested, to be declared together. (3) The expenses of and incidental to the dividends are to be fairly apportioned by the Official Assignee between the joint and separate properties, regard being had to the work done for and the benefit received by each property.


document_id: irda-2018
provision_ref: s389
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 389
title: No action for dividend
content:
389. —(1) No action for a dividend lies against the Official Assignee. (2) If the Official Assignee refuses to pay any dividend, the Court may, if it thinks fit, order the Official Assignee to pay the dividend, and also to pay out of the Consolidated Fund interest on the dividend for the period that it is withheld and the costs of the application to the Court.


document_id: irda-2018
provision_ref: s390
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 390
title: Payment of interest exceeding what is allowed under section 356 out of surplus
content:
390. —(1) Where any amount remains after the debts and expenses of the bankruptcy have been paid (called in this section the surplus), the interest mentioned in subsection (2) must be paid before the bankrupt is entitled under section 391 to any of the surplus. (2) The surplus is to be paid towards interest on each debt proved in bankruptcy, from (and including) the day after the date of the bankruptcy order to (and including) the date that debt was paid, calculated at such rate of interest as the creditor may be entitled under an agreement or, in the absence of any such agreement, at such rate as may be prescribed. (3) For the purposes of subsection (2) — ( a ) interest on preferential debts ranks equally with interest on other debts; ( b ) interest of the same class ranks equally between themselves; and ( c ) if the surplus is insufficient to pay all interest of the same class, the interest in that class is to abate in equal proportions between themselves.


document_id: irda-2018
provision_ref: s391
chapter: PART 17 - ADMINISTRATION IN BANKRUPTCY
section: 391
title: Right of bankrupt to surplus
content:
391. —(1) The bankrupt is entitled to any surplus remaining after payment in full of the bankrupt’s creditors, with interest as provided by Parts 3 and 13 to 22, and of the costs, charges and expenses of the proceedings under the bankruptcy application. (2) Despite subsection (1), the Court may make an order directing the Official Assignee not to pay the surplus or part of the surplus to the bankrupt if — ( a ) the Attorney-General applies for an order under this section; and ( b ) the Court is satisfied that — (i) proceedings under any written law dealing with confiscation of the proceeds of crime are pending; and (ii) the property of the bankrupt may become subject to a confiscation order or be required to meet some other order made on those proceedings. (3) The Court may, on an application, vary or revoke an order made under subsection (2).


document_id: irda-2018
provision_ref: s392
chapter: PART 18 - ANNULMENT AND DISCHARGE
section: 392
title: Court’s power to annul bankruptcy order
content:
392. —(1) The Court may annul a bankruptcy order if it appears to the Court that — ( a ) on any ground existing at the time the order was made, the order ought not to have been made; ( b ) to the extent required by the regulations, both the debts and the expenses of the bankruptcy have all, since the making of the order, either been paid or secured for to the satisfaction of the Court; ( c ) proceedings are pending in Malaysia for the distribution of the bankrupt’s estate and effects amongst the creditors under the bankruptcy law of Malaysia and that the distribution ought to take place there; or ( d ) a majority of the creditors in number and value are resident in Malaysia, and that from the situation of the property of the bankrupt or for other causes the bankrupt’s estate and effects ought to be distributed among the creditors under the bankruptcy law of Malaysia. (2) An application to annul a bankruptcy order under subsection (1)( a ) must be made to the Court within 12 months after the making of the bankruptcy order, unless the Court gives permission for the application to be made later. [Act 25 of 2021 wef 01/04/2022] (3) The Court may annul a bankruptcy order whether or not the bankrupt has been discharged from the bankruptcy. (4) Where the Court annuls a bankruptcy order under this section, any sale or other disposition of property, payment made or other things duly done by or under the authority of the Official Assignee or by the Court is valid, except that the property of the bankrupt vests in such person as the Court may appoint or, in default of any such appointment, reverts to the bankrupt on such terms as the Court may direct. (5) The Court may include in its order such supplemental provisions as may be authorised by the Rules.


document_id: irda-2018
provision_ref: s393
chapter: PART 18 - ANNULMENT AND DISCHARGE
section: 393
title:
Annulment of bankruptcy order by certificate of Official Assignee where debts and expenses fully paid

content:
393. —(1) The Official Assignee may issue a certificate annulling a bankruptcy order if it appears to the Official Assignee that, to the extent required by the regulations, the debts which have been proved and the expenses of the bankruptcy have all, since the making of the order, been paid. (2) Notice of every certificate of annulment under subsection (1) must be given to the Registrar and be published in the Gazette and in such other manner as the Official Assignee thinks fit. (3) The Official Assignee must, upon an application of a bankrupt or a bankrupt’s creditor, issue to the applicant a copy of the certificate of annulment upon the payment of the prescribed fee. (4) A certificate of annulment issued under subsection (1) is binding on all the creditors so far as it relates to any debts due to them from the bankrupt and provable in bankruptcy. (5) Where the Official Assignee annuls a bankruptcy order under this section, any sale or other disposition of property, payment made or other things duly done by or under the authority of the Official Assignee or by the Court is valid, except that the property of the bankrupt reverts to the bankrupt or, on an application by any person interested, vests in such person as the Court may appoint and on such terms as the Court may direct. (6) The Court may include in its order such supplemental provisions as may be authorised by the regulations.


document_id: irda-2018
provision_ref: s394
chapter: PART 18 - ANNULMENT AND DISCHARGE
section: 394
title: Discharge by Court
content:
394. —(1) The Official Assignee, the bankrupt or any other person having an interest in the matter may, at any time after the making of a bankruptcy order, apply to the Court for an order of discharge. (2) Every such application must be served on each creditor who has filed a proof of debt and on the Official Assignee if the Official Assignee is not the applicant, and the Court must hear the Official Assignee and any creditor before making an order of discharge. (3) Subject to subsection (4), on an application under this section, the Court may — ( a ) refuse to discharge the bankrupt from bankruptcy; ( b ) make an order discharging the bankrupt absolutely; or ( c ) make an order discharging the bankrupt subject to such conditions as the Court thinks fit to impose, including conditions with respect to — (i) any income which may be subsequently due to the bankrupt; or (ii) any property devolving upon the bankrupt, or acquired by the bankrupt, after the bankrupt’s discharge, as may be specified in the order. (4) Where the bankrupt has committed an offence under Parts 13 to 21 of this Act or under section 421, 422, 423 or 424 of the Penal Code 1871 or upon proof of any of the facts mentioned in subsection (5), the Court must — ( a ) refuse to discharge the bankrupt from bankruptcy; ( b ) make an order discharging the bankrupt subject to — (i) one or more of the following conditions as may be specified in the order: (A) the bankrupt paying a dividend to the bankrupt’s creditors of not less than 25%; (B) the payment of any income which may be subsequently due to the bankrupt, or with respect to property devolving upon or acquired by the bankrupt, after the bankrupt’s discharge; and (ii) such other conditions as the Court thinks fit to impose; or ( c ) if the Court is satisfied that the bankrupt is unable to fulfil any condition specified in paragraph ( b ) and if the Court thinks fit, make an order discharging the bankrupt subject to such conditions as the Court thinks fit to impose. (5) The facts mentioned in subsection (4) are the following: ( a ) that the bankrupt has omitted to keep such books of accounts as would sufficiently disclose his or her business transactions and financial position within the 3 years immediately preceding his or her bankruptcy, or within such shorter period immediately preceding that event as the Court may consider reasonable in the circumstances; ( b ) that the bankrupt has continued to trade after knowing or having reason to believe himself or herself to be insolvent; ( c ) that the bankrupt has contracted any debt provable in the bankruptcy without having at the time of contracting it any reasonable ground of expectation (which is for the bankrupt to prove) of being able to pay it; ( d ) that the bankrupt has brought on or contributed to his or her bankruptcy by rash speculations or extravagance in living, or by recklessness, or want of reasonable care and attention to his or her business and affairs; ( e ) that the bankrupt has delayed or put any of his or her creditors to unnecessary expense by a frivolous or vexatious defence to any action or other legal proceedings properly brought or instituted against him or her; ( f ) that the bankrupt has, within 3 months immediately before the date of the bankruptcy order, when unable to pay his or her debts as they became due, given an undue preference to any of his or her creditors; ( g ) that the bankrupt has, in Singapore or elsewhere on any previous occasion, been adjudged bankrupt or made a composition or an arrangement with his or her creditors; ( h ) that the bankrupt has been guilty of any fraud or fraudulent breach of trust; ( i ) that the bankrupt has, within 3 months immediately before the date of the bankruptcy order, sent goods out of Singapore under circumstances which afford reasonable grounds for believing that the transaction was not a bona fide commercial transaction; ( j ) that the bankrupt’s assets are not of a value equal to 20% of the amount of the bankrupt’s unsecured liabilities, unless the bankrupt satisfies the Court that the fact that the assets are not of a value equal to 20% of the bankrupt’s unsecured liabilities has arisen from circumstances for or in respect of which the bankrupt cannot be blamed; ( k ) that the bankrupt has entered into a transaction with any person at an undervalue within the meaning of section 361; ( l ) that the bankrupt has given an unfair preference to any person within the meaning of section 362. (6) The Court may, at any time before an order of discharge takes effect, rescind or vary the order.


document_id: irda-2018
provision_ref: s395
chapter: PART 18 - ANNULMENT AND DISCHARGE
section: 395
title: Discharge by certificate of Official Assignee
content:
395. —(1) The Official Assignee may, in his or her discretion and subject to section 396, issue a certificate discharging a bankrupt from bankruptcy. (2) The Official Assignee must not issue a certificate discharging a bankrupt from bankruptcy under subsection (1) unless — ( a ) in any case where the bankruptcy is not a repeat bankruptcy of the bankrupt — (i) both of the following apply: (A) the target contribution has been paid in full, or the Official Assignee is satisfied that the bankrupt is unable to pay the target contribution in full due to extenuating circumstances; (B) either — (BA) a period of 3 years has lapsed after the administration date of the bankruptcy, and no objection to the discharge is entered by the relevant threshold of creditors; or (BB) a period of 5 years has lapsed after the administration date of the bankruptcy; or (ii) a period of 7 years has lapsed after the administration date of the bankruptcy; or ( b ) in any case where the bankruptcy is a repeat bankruptcy of the bankrupt — (i) both of the following apply: (A) the target contribution has been paid in full, or the Official Assignee is satisfied that the bankrupt is unable to pay the target contribution in full due to extenuating circumstances; (B) either — (BA) a period of 5 years has lapsed after the administration date of the bankruptcy, and no objection to the discharge is entered by the relevant threshold of creditors; or (BB) a period of 7 years has lapsed after the administration date of the bankruptcy; or (ii) a period of 9 years has lapsed after the administration date of the bankruptcy. (3) Notice of every discharge under subsection (1) must be given to the Registrar and be published in the Gazette and in such other manner as the Official Assignee thinks fit. (4) The Official Assignee — ( a ) must, upon the application of a bankrupt, any creditor of the bankrupt or any other interested person, and upon the payment of the prescribed fee, issue to the applicant a copy of the certificate discharging the bankrupt from bankruptcy; but ( b ) must not issue any copy of such certificate to any person except the bankrupt, where — (i) the bankrupt’s target contribution was paid in full before the bankrupt’s discharge from bankruptcy; and (ii) 5 years have lapsed after the date of discharge. (5) For the purposes of calculating the periods of time mentioned in subsection (2), there must be disregarded any period — ( a ) during which the bankrupt was outside Singapore; and ( b ) for which the bankrupt did not obtain the Official Assignee’s permission to leave, remain or reside outside Singapore. (6) In this section — “extenuating circumstances” means any of the following circumstances: ( a ) the death of the bankrupt; ( b ) any personal circumstances of the bankrupt (including, but not limited to, debilitating illness) that prevent the bankrupt from earning a meaningful salary for the remaining period of the bankruptcy before the expiry of — (i) where the bankruptcy is not a repeat bankruptcy of the bankrupt, the period mentioned in subsection (2)( a )(ii); or (ii) where the bankruptcy is a repeat bankruptcy of the bankrupt, the period mentioned in subsection (2)( b )(ii); “relevant threshold of creditors” means not less than half in number or more than one‑fourth in value, or both, of the creditors who have proved their debts.


document_id: irda-2018
provision_ref: s396
chapter: PART 18 - ANNULMENT AND DISCHARGE
section: 396
title: Objection by creditor to discharge of bankrupt under section 395
content:
396. —(1) Before issuing a certificate of discharge under section 395 in respect of any bankruptcy administered by the Official Assignee, the Official Assignee must serve on each creditor who has filed a proof of debt a notice of the Official Assignee’s intention to discharge the bankrupt, together with a statement of the Official Assignee’s reasons for wanting to do so. (2) A creditor who has been served with a notice under subsection (1) and who wishes to enter an objection to the Official Assignee issuing a certificate discharging the bankrupt may, within 21 days after the date of the Official Assignee’s notice, furnish the Official Assignee a statement of the grounds of the creditor’s objection. (3) A creditor who does not furnish to the Official Assignee a statement of the grounds of the creditor’s objection in accordance with subsection (2) is deemed to have no objection to the discharge. (4) A creditor who has furnished the Official Assignee with a statement of the grounds of the creditor’s objection in accordance with subsection (2) may, within 21 days after being informed by the Official Assignee that the objection has been rejected, make an application to the Court for an order prohibiting the Official Assignee from issuing the certificate of discharge. (5) Every application under subsection (4) must be served on the Official Assignee and on the bankrupt, and the Court must hear the Official Assignee and the bankrupt before making an order on the application. (6) Before requesting the Official Assignee to issue a certificate of discharge under section 395, a trustee in bankruptcy administering a bankrupt’s estate must serve, on each creditor who has filed a proof of debt, a notice of the trustee’s intention to request the Official Assignee to discharge the bankrupt, together with a statement of the trustee’s reasons why the bankrupt ought to be discharged. (7) A creditor who has been served with a notice under subsection (6) and who wishes to enter an objection to the Official Assignee issuing a certificate discharging the bankrupt may, within 21 days after the date of the trustee’s notice, furnish to the trustee in bankruptcy a statement of the grounds of the creditor’s objection. (8) A creditor who does not furnish to the trustee in bankruptcy a statement of the grounds of the creditor’s objection in accordance with subsection (7) is deemed to have no objection to the discharge. (9) A creditor who has furnished the trustee in bankruptcy with a statement of the grounds of the creditor’s objection in accordance with subsection (7) may, within 21 days after being informed by the trustee that the creditor’s objection has been rejected, make an application to the Court for an order prohibiting the Official Assignee from issuing the certificate of discharge. (10) Every application under subsection (9) must be served on the Official Assignee, the trustee in bankruptcy and the bankrupt, and the Court must hear the Official Assignee, the trustee and the bankrupt before making an order on the application. (11) On an application made under subsection (4) or (9), the Court may, if it thinks it just and expedient — ( a ) dismiss the application; ( b ) subject to subsections (13) and (14), make an order that the bankrupt must not be granted a certificate of discharge by the Official Assignee for a period not exceeding 2 years; or ( c ) make an order permitting the Official Assignee to issue a certificate discharging the bankrupt but subject to such conditions as the Court thinks fit to impose, including conditions with respect to — (i) any income which may be subsequently due to the bankrupt after the bankrupt’s discharge; or (ii) any property devolving upon the bankrupt, or acquired by the bankrupt, after the bankrupt’s discharge, as may be specified in the order. (12) The Court must, when making an order under subsection (11)( b ) on an application under subsection (4), appoint a trustee in bankruptcy to administer the bankrupt’s estate in place of the Official Assignee. (13) Subject to subsection (14), an order made under subsection (11)( b ) must not postpone the grant of the certificate of discharge beyond — ( a ) in any case where the bankruptcy is not a repeat bankruptcy of the bankrupt, 9 years after the administration date of the bankruptcy; or ( b ) in any case where the bankruptcy is a repeat bankruptcy of the bankrupt, 11 years after the administration date of the bankruptcy. (14) When making an order under subsection (11)( b ), the Court may, in an exceptional case, postpone the grant of the certificate of discharge beyond the period mentioned in subsection (13)( a ) or ( b ), but not beyond the period mentioned in subsection (11)( b ), if the Court, having regard to the conduct of the bankrupt, considers it just to do so. (15) For the purposes of calculating the periods of time mentioned in subsection (13), there must be disregarded any period — ( a ) during which the bankrupt was outside Singapore; and ( b ) for which the bankrupt did not obtain the Official Assignee’s permission to leave, remain or reside outside Singapore.


document_id: irda-2018
provision_ref: s397
chapter: PART 18 - ANNULMENT AND DISCHARGE
section: 397
title: Effect of discharge
content:
397. —(1) Subject to this section and any condition imposed by the Court under section 394 or 396, where a bankrupt is discharged, the discharge releases the bankrupt from all the debts provable in the bankruptcy but has no effect — ( a ) on the functions (so far as they remain to be carried out) of the Official Assignee; or ( b ) on the operation, for the purposes of the carrying out of those functions, of the provisions of Parts 3 and 13 to 22. (2) Discharge does not release the bankrupt from — ( a ) any debt due to the Government; ( b ) any debt with which the bankrupt may be chargeable at the suit of — (i) the Government or any other person for any offence under any written law relating to any branch of the public revenue; or (ii) the Sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence; and ( c ) a debt in respect of any premium (including interest and penalties for late payment) and other sums due under the MediShield Life Scheme Act 2015 or the CareShield Life and Long‑Term Care Act 2019. [26/2019] (3) A bankrupt may be discharged from any debt mentioned in subsection (2) only by a certificate in writing of the Minister. (4) Discharge does not affect the right of any secured creditor of the bankrupt to enforce the secured creditor’s security for the payment of a debt from which the bankrupt is released. (5) Discharge does not release the bankrupt from — ( a ) any provable debt which the bankrupt incurred in respect of, or forbearance in respect of which was secured by means of, any fraud or fraudulent breach of trust to which the bankrupt was party; or ( b ) any liability in respect of a fine imposed for an offence. (6) Discharge does not, except to such extent and on such conditions as the Court may direct, release the bankrupt from any debt which has been proved and which — ( a ) consists in a liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other duty, being damages in respect of personal injuries to any person; ( b ) arises under any order made in proceedings under the Women’s Charter 1961 relating to family matters; or ( c ) arises under an order involving pecuniary liability made under any written law relating to the confiscation of the proceeds of crime. (7) Discharge does not release any person other than the bankrupt from any liability (whether as partner or co‑trustee of the bankrupt or otherwise) from which the bankrupt is released by the discharge, or from any liability as surety for the bankrupt or as a person in the nature of such a surety. (8) For the purpose of subsection (6), “personal injuries” includes death and any disease or other impairment of a person’s physical or mental condition.


document_id: irda-2018
provision_ref: s398
chapter: PART 18 - ANNULMENT AND DISCHARGE
section: 398
title: Discharged bankrupt to give assistance
content:
398. —(1) A discharged bankrupt must, despite his or her discharge, give assistance as the Official Assignee requires in the realisation and distribution of such of his or her property as is vested in the Official Assignee. (2) If the discharged bankrupt fails to give assistance to the Official Assignee under subsection (1) — ( a ) the discharged bankrupt shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000; and ( b ) the Court may, if it thinks fit, revoke the discharged bankrupt’s discharge, but without affecting the validity of any sale, disposition or payment duly made, or thing duly done subsequent to the discharge, but before its revocation.


document_id: irda-2018
provision_ref: s399
chapter: PART 19 - DUTIES, DISQUALIFICATION AND
section: 399
title: Duties of bankrupt
content:
399. —(1) A bankrupt must, in addition to any other duty specified in Parts 3 and 13 to 21 — ( a ) make discovery of and deliver all of the bankrupt’s property that is under the bankrupt’s possession or control to the Official Assignee; ( b ) deliver to the Official Assignee all books, records, documents, writings and papers, including (but not limited to) any document or deed of title, insurance policy, tax record or return, and any copy of any such document, deed, policy, record or return in any way relating to the bankrupt’s property, affairs, current employment status and employment history; [Act 1 of 2023 wef 01/11/2023] ( c ) at such time and place as may be fixed by the Official Assignee, attend before the Official Assignee and answer such questions as the Official Assignee may put to the bankrupt with respect to the bankrupt’s affairs, dealings, property, current employment status and employment history and the causes of the bankrupt’s bankruptcy; [Act 1 of 2023 wef 01/11/2023] ( d ) make or give all the assistance within the bankrupt’s power to the Official Assignee in making an inventory of the bankrupt’s assets; ( e ) disclose to the Official Assignee all property disposed of within such time preceding the bankruptcy as the Official Assignee may require, and how and to whom and for what consideration any part of such property was disposed of, except such part as had been disposed of in the ordinary manner of trade or used for reasonable personal expenses; ( f ) disclose to the Official Assignee all property disposed of by gift or settlement without adequate valuable consideration within the 5 years immediately preceding the bankruptcy; ( g ) attend any meeting of the bankrupt’s creditors as may be convened by the Official Assignee under section 330, unless prevented by sickness or other sufficient cause and submit to examination at the meeting; ( h ) when required, attend any other meeting of the bankrupt’s creditors; ( i ) aid the Official Assignee in the realisation of the bankrupt’s property and the distribution of the proceeds among the bankrupt’s creditors; ( j ) execute such powers of attorney, conveyances, deeds and instruments as may be required by the Official Assignee; ( k ) examine the correctness of all proofs of claims filed, if required by the Official Assignee; ( l ) in case any person has to the bankrupt’s knowledge filed a false claim, disclose the fact immediately to the Official Assignee; ( m ) disclose to the Official Assignee any matter in respect of which the bankrupt is or may become a defendant or respondent in proceedings (including criminal proceedings), to such extent as the Official Assignee may require; ( n ) generally do all such acts and things in relation to the bankrupt’s property and the distribution of the proceeds among the bankrupt’s creditors as may be reasonably required by the Official Assignee or prescribed by the regulations or directed by the Court by any order on any application by the Official Assignee or by any of the bankrupt’s creditors; and ( o ) until the bankrupt has been discharged from bankruptcy, keep the Official Assignee advised at all times of his or her place of residence or address and such other contact details as may be required by the Official Assignee. (2) Where a bankrupt has changed his or her residential address and has made a report of the change under section 10 of the National Registration Act 1965 — ( a ) the bankrupt is deemed to have informed the Official Assignee of the change of his or her residential address in compliance with subsection (1)( o ); and ( b ) the new residential address as reported by the bankrupt under section 10 of the National Registration Act 1965 is, unless the bankrupt informs the Official Assignee in writing to the contrary, deemed to be the bankrupt’s last known address for the purpose of subsection (3). (3) Any notice or process given to or served upon the bankrupt at his or her last known address is deemed to have been duly given or served and is conclusive evidence of the fact of service.


document_id: irda-2018
provision_ref: s400
chapter: PART 19 - DUTIES, DISQUALIFICATION AND
section: 400
title: Disqualification of bankrupt
content:
400. —(1) In addition to any disqualification under any other written law, a bankrupt is disqualified from being appointed or acting as a trustee or personal representative in respect of any trust, estate or settlement, except with the permission of the Court. [Act 25 of 2021 wef 01/04/2022] (2) Any disqualification to which a bankrupt is subject under this section ceases when — ( a ) the bankruptcy order against the bankrupt is annulled or rescinded; or ( b ) the bankrupt is discharged under Part 18. (3) Any person who acts as a trustee or personal representative while that person is disqualified by virtue of 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 2 years or to both.


document_id: irda-2018
provision_ref: s401
chapter: PART 19 - DUTIES, DISQUALIFICATION AND
section: 401
title: Disabilities of bankrupt
content:
401. —(1) Where a bankrupt has not obtained his or her discharge — ( a ) unless the bankrupt has obtained the previous sanction of the Official Assignee, the bankrupt is incompetent to commence, continue or defend — (i) any action other than — (A) an action for damages in respect of any injury to the bankrupt’s person; or (B) a matrimonial proceeding; or (ii) any appeal arising from any action referred to in sub‑paragraph (i); and ( b ) the bankrupt must not leave, or remain or reside outside, Singapore without the previous permission of the Official Assignee. (2) Despite subsection (1)( a ), the bankrupt must notify the Official Assignee of any proceedings mentioned in subsection (1)( a )(i)(A) or (B), or any appeal arising from any such proceedings, not later than 3 days before commencing, continuing or defending the proceedings or appeal, as the case may be. (3) A bankrupt who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (4) In this section — “action” and “proceedings” include arbitration; “matrimonial proceeding” means any of the following proceedings: ( a ) a proceeding under Part 8, 9, 9A or 10 of the Women’s Charter 1961; [Act 18 of 2023 wef 16/01/2025] ( aa ) a proceeding under Part 10B of the Women’s Charter 1961; [Act 18 of 2023 wef 16/01/2025] ( ab ) a proceeding under Part 10C of the Women’s Charter 1961; [Act 18 of 2023 wef 16/01/2025] ( b ) a proceeding mentioned in section 35(2)( a ), ( b ), ( c ), ( d ) or ( e ) or 35A of the Administration of Muslim Law Act 1966. [Act 18 of 2023 wef 16/01/2025]


document_id: irda-2018
provision_ref: s402
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 402
title: Interpretation of this Part
content:
402. In this Part — ( a ) references to property comprised in the bankrupt’s estate or to property possession of which is required to be delivered up to the Official Assignee include references to any property mentioned in section 329(1); ( b ) “initial period” means the period between the making of the bankruptcy application by or against a debtor and the commencement of the debtor’s bankruptcy; ( c ) a reference to a number of months or years before the making of a bankruptcy application is to be read as a reference to that period ending with the making of the bankruptcy application; and ( d ) “Official Assignee” includes a trustee in bankruptcy.


document_id: irda-2018
provision_ref: s403
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 403
title: Powers of investigation
content:
403. —(1) For the purpose of investigating any offence under Parts 3 and 13 to 21, the Official Assignee or any officer authorised by the Official Assignee (called in this section an authorised officer) may do all or any of the following: ( a ) require, by notice in writing, any person who appears to be acquainted with the facts and circumstances relating to the offence to attend before the Official Assignee or authorised officer (as the case may be) on such date and at such time as may be specified in the notice; ( b ) examine any person who appears to be acquainted with the facts and circumstances relating to the offence, and require that person to answer such questions relating to the offence as may be posed by the Official Assignee or authorised officer, as the case may be; ( c ) require any person to furnish any information, or produce any book, document or copy of a book or document, which may relate to the offence, that is in the possession of that person and, without payment, inspect, keep, copy, photograph or take extracts from any such book, document or copy. (2) A statement made by any person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to that person; ( c ) if that person does not understand English, be interpreted in a language which that person understands; and ( d ) after correction, if necessary, be signed by that person. (3) Any person who, without reasonable excuse, does any of the following shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both: ( a ) fails to attend before the Official Assignee or an authorised officer as required by a notice under subsection (1)( a ); ( b ) fails to furnish any information, or produce any book, document or copy of a book or document, in that person’s possession as required under subsection (1)( c ). (4) Any person who, without reasonable excuse, fails to answer any question posed to that person as required under subsection (1)( b ) 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 6 months or to both.


document_id: irda-2018
provision_ref: s404
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 404
title: Defence of innocent intention
content:
404. —(1) In the case of an offence under any provision of this Part, other than sections 406( e ), 408, 411(2), 413, 414 and 416, a person shall not be guilty of the offence if the person proves that, at the time of the conduct constituting the offence, the person had no intent to defraud or to conceal the state of the person’s affairs. (2) An individual who is a bankrupt is not guilty of any offence under section 406( a ), ( b ) or ( d ), 407( a ), ( b ), ( c ), ( d ) or ( e ), 410( a ) or 412(1)( a ), ( b ) or ( c ) if the individual proves that, at the time of the conduct constituting the offence, the individual did not know or have any reason to believe that the individual had been made a bankrupt.


document_id: irda-2018
provision_ref: s405
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 405
title: Non-disclosure
content:
405. —(1) A bankrupt shall be guilty of an offence if — ( a ) the bankrupt does not to the best of the bankrupt’s knowledge and belief disclose to the Official Assignee all the property comprised in the bankrupt’s estate; or ( b ) the bankrupt does not inform the Official Assignee of any disposal of any property which, but for the disposal, would be comprised in the bankrupt’s estate, stating how, when, to whom and for what consideration the property was disposed of. (2) Subsection (1)( b ) does not apply to any disposal of property in the ordinary course of a business carried on by the bankrupt or to any payment of the ordinary expenses of the bankrupt or the bankrupt’s family.


document_id: irda-2018
provision_ref: s406
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 406
title: Concealment of property
content:
406. A bankrupt shall be guilty of an offence if — ( a ) the bankrupt does not deliver up possession to the Official Assignee, or as the Official Assignee may direct, of such part of the property comprised in the bankrupt’s estate as is in the possession or under the control of the bankrupt and which the bankrupt is required by law to deliver up; ( b ) the bankrupt conceals any debt due to or from the bankrupt or conceals any property the value of which is at least $1,000 (or such higher amount as may be prescribed) and possession of which the bankrupt is required to deliver up to the Official Assignee; ( c ) in the 12 months before the making of the bankruptcy application by or against the bankrupt, or in the initial period, the bankrupt did anything which would have been an offence under paragraph ( b ) if the bankruptcy order against the bankrupt had been made before the bankrupt did it; ( d ) the bankrupt removes, or in the initial period removed, any property the value of which is or was at least $1,000 (or such higher amount as may be prescribed) and possession of which the bankrupt is or would have been required to deliver up to the Official Assignee; or ( e ) the bankrupt without reasonable excuse fails, on being required to do so by the Official Assignee or the court — (i) to account for the loss of any substantial part of the bankrupt’s property incurred in the 12 months before the making of the bankruptcy application by or against the bankrupt or in the initial period; or (ii) to give a satisfactory explanation of the manner in which such a loss was incurred.


document_id: irda-2018
provision_ref: s407
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 407
title: Concealment of books and papers; falsification, etc.
content:
407. A bankrupt shall be guilty of an offence if — ( a ) the bankrupt does not deliver up possession to the Official Assignee, or as the Official Assignee may direct, of all books, papers and other records of which the bankrupt has possession or control and which relate to the bankrupt’s estate or affairs; ( b ) the bankrupt prevents, or in the initial period prevented, the production of any books, papers or records relating to the bankrupt’s estate or affairs; ( c ) the bankrupt conceals, destroys, mutilates or falsifies, or causes or permits the concealment, destruction, mutilation or falsification of, any books, papers or other records relating to the bankrupt’s estate or affairs; ( d ) the bankrupt makes, or causes or permits the making of, any false entries in any book, document or record relating to the bankrupt’s estate or affairs; ( e ) the bankrupt disposes of, or alters or makes any omission in, or causes or permits the disposal, altering or making of any omission in, any book, document or record relating to the bankrupt’s estate or affairs; or ( f ) in the 12 months before the making of the bankruptcy application by or against the bankrupt, or in the initial period, the bankrupt did anything which would have been an offence under paragraph ( c ), ( d ) or ( e ) if the bankruptcy order against the bankrupt had been made before the bankrupt did it.


document_id: irda-2018
provision_ref: s408
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 408
title: False statements
content:
408. A bankrupt shall be guilty of an offence if — ( a ) the bankrupt makes any false statement or any material omission in any statement under Part 3 or Parts 13 to 21 relating to the bankrupt’s affairs; ( b ) knowing or believing that a false debt has been proved by any person under the bankruptcy, the bankrupt fails to inform the Official Assignee as soon as practicable; ( c ) the bankrupt attempts to account for any part of the bankrupt’s property by fictitious losses or expenses; ( d ) at any meeting of the bankrupt’s creditors in the 12 months before the making of the bankruptcy application by or against the bankrupt or (whether or not at such a meeting) at any time in the initial period, the bankrupt did anything which would have been an offence under paragraph ( c ) if the bankruptcy order against the bankrupt had been made before the bankrupt did it; or ( e ) the bankrupt is, or at any time has been, guilty of any false representation or other fraud for the purpose of obtaining the consent of the bankrupt’s creditors, or any of them, to an agreement with reference to the bankrupt’s affairs or to his or her bankruptcy.


document_id: irda-2018
provision_ref: s409
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 409
title: Fraudulent disposal of property
content:
409. —(1) A bankrupt shall be guilty of an offence if — ( a ) the bankrupt makes or causes to be made, or has during the period of 5 years before the date of the bankruptcy order against the bankrupt, made or caused to be made, any gift or transfer of, or any charge on, the bankrupt’s property, with the intention of defrauding the bankrupt’s creditors, or of depriving the bankrupt’s creditors of the property in the event that a bankruptcy order is made against the bankrupt; or ( b ) the bankrupt conceals or removes, or has at any time before the commencement of the bankruptcy concealed or removed, any part of the bankrupt’s property after, or within 2 months before, the date on which a judgment or an order for the payment of money has been obtained against the bankrupt, being a judgment or an order which was not satisfied before the commencement of his or her bankruptcy. (2) In this section, the reference to making a transfer of or a charge on any property includes a reference to causing or conniving at the execution of an enforcement order against that property. [Act 25 of 2021 wef 01/04/2022]


document_id: irda-2018
provision_ref: s410
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 410
title: Absconding with property
content:
410. A bankrupt shall be guilty of an offence if — ( a ) the bankrupt leaves, or attempts or makes preparations to leave, Singapore with any property the value of which is at least $1,000 (or such higher amount as may be prescribed) and possession of which the bankrupt is required to deliver up to the Official Assignee; or ( b ) in the 12 months before the making of the bankruptcy application by or against the bankrupt, or in the initial period, the bankrupt did anything which would have been an offence under paragraph ( a ) if the bankruptcy order against the bankrupt had been made before the bankrupt did it.


document_id: irda-2018
provision_ref: s411
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 411
title: Fraudulent dealing with property obtained on credit
content:
411. —(1) A bankrupt shall be guilty of an offence if, in the 12 months before the making of the bankruptcy application by or against the bankrupt, or in the initial period, the bankrupt disposed of any property which the bankrupt had obtained on credit and which, at the time the bankrupt disposed of it, had not been paid for. (2) A person shall be guilty of an offence if, in the 12 months before the making of the bankruptcy application by or against a bankrupt, or in the initial period, the person acquired or received property from the bankrupt knowing or believing — ( a ) that the bankrupt owed money in respect of the property; and ( b ) that the bankrupt did not intend, or was unlikely to be able, to pay the money so owed. (3) A person shall not be guilty of an offence under subsection (1) or (2) if the disposal, acquisition or receipt of the property was in the ordinary course of a business carried on by the bankrupt at the time of the disposal, acquisition or receipt. (4) In determining for the purposes of this section whether any property is disposed of, acquired or received in the ordinary course of a business carried on by the bankrupt, regard may be had, in particular, to the price paid for the property. (5) In this section, any reference to disposing of property is to be read as including a reference to pawning or pledging of such property, and any reference to acquiring or receiving property is to be read accordingly.


document_id: irda-2018
provision_ref: s412
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 412
title: Obtaining credit, engaging in business, or standing as guarantor
content:
412. —(1) An individual shall be guilty of an offence if, being an undischarged bankrupt — ( a ) either alone or jointly with any other person, the individual obtains credit to the extent of at least $1,000 (or such higher amount as may be prescribed) from any person without informing that person, at the time the credit is obtained, that the individual is an undischarged bankrupt; ( b ) the individual engages in any trade or business under a name other than that under which the individual was adjudged bankrupt without disclosing to every person with whom the individual enters into any business transaction, at the time the transaction is entered into, the name under which the individual was adjudged bankrupt; or ( c ) the individual provides a guarantee, indemnity or security to the extent of at least $1,000 (or such higher amount as may be prescribed) in respect of any amount borrowed or charged or any credit obtained by another person, without informing the lender or creditor, at the time the guarantee, indemnity or security is provided, that the individual is an undischarged bankrupt. (2) In this section, any reference to a bankrupt obtaining credit is to be read as including a reference to any case in which — ( a ) goods are bailed to the bankrupt under a hire‑purchase agreement; and ( b ) the bankrupt is paid in advance (whether in money or otherwise) for the supply of goods or services.


document_id: irda-2018
provision_ref: s413
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 413
title: Failure to keep proper accounts of business
content:
413. —(1) A bankrupt shall be guilty of an offence if, having been engaged in any business within 2 years before the making of the bankruptcy application by or against the bankrupt, the bankrupt has not — ( a ) kept proper accounting records throughout that period and throughout any part of the initial period in which the bankrupt was so engaged; or ( b ) preserved all the accounting records which the bankrupt has kept for the periods mentioned in paragraph ( a ). (2) For the purposes of this section, a person is deemed not to have kept proper accounting records if the person has not kept such records as are necessary to show or explain the person’s transactions and financial position in the person’s business, including — ( a ) records containing entries from day to day, in sufficient detail, of all cash paid and received; ( b ) where the business involved dealings in goods, statements of annual stock-takings; and ( c ) except in the case of goods sold by way of retail trade, records of all goods sold and purchased showing the buyers and sellers in sufficient detail to enable the goods and the buyers and sellers to be identified. (3) A bankrupt shall not be guilty of an offence under subsection (1) — ( a ) if the bankrupt’s unsecured liabilities at the commencement of the bankruptcy did not exceed $15,000; or ( b ) if the bankrupt proves that in the circumstances in which the bankrupt carried on business the omission was honest and excusable.


document_id: irda-2018
provision_ref: s414
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 414
title: Gambling
content:
414. —(1) A bankrupt shall be guilty of an offence if the bankrupt has — ( a ) in the 12 months before the making of the bankruptcy application by or against the bankrupt, materially contributed to, or increased the extent of, the bankrupt’s insolvency by gambling or by rash and hazardous speculations; or ( b ) in the initial period, lost any part of the bankrupt’s property by gambling or by rash and hazardous speculations. (2) In determining for the purposes of this section whether any speculation was rash and hazardous, the financial position of the bankrupt at the time when the bankrupt entered into it is to be taken into consideration.


document_id: irda-2018
provision_ref: s415
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 415
title: Bankrupt incurring debt without reasonable ground of expectation of being able to pay it
content:
415. A bankrupt shall be guilty of an offence if — ( a ) within 12 months before the making of a bankruptcy application by or against the bankrupt, or during the initial period, the bankrupt incurs any debt provable in bankruptcy; or ( b ) having been engaged in carrying on any trade or business, the bankrupt continues to trade or carry on business by incurring any debt provable in bankruptcy within 12 months before the date of the making of a bankruptcy application by or against the bankrupt, or during the initial period, the bankrupt being insolvent on the date of incurring the debt, without any reasonable ground of expectation of being able to pay the debt.


document_id: irda-2018
provision_ref: s416
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 416
title: Making of false claims, etc.
content:
416. —(1) Any creditor in any bankruptcy, composition or arrangement with creditors shall be guilty of an offence if the creditor makes any claim, proof, declaration or statement of account which is untrue in any material particular unless the creditor satisfies the court that the creditor had no intent to defraud. (2) A creditor shall be guilty of an offence if the creditor obtains or receives any money, property or security from any person as an inducement for forbearing to oppose, or for consenting to, the discharge of a bankrupt. (3) A person shall be guilty of an offence if the person, knowing that a bankruptcy order has been made against a debtor, removes, conceals, receives or otherwise deals with or disposes of any part of the property of the debtor, with intent to defeat the order. (4) Fines imposed and levied under this section are deemed to be part of the property of the bankrupt and vest in the Official Assignee.


document_id: irda-2018
provision_ref: s417
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 417
title: Penalty
content:
417. A person guilty of any offence under this Part for which no penalty is expressly provided 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: irda-2018
provision_ref: s418
chapter: PART 20 - BANKRUPTCY OFFENCES
section: 418
title: Supplementary provisions
content:
418. —(1) It is not a defence in proceedings for a bankruptcy‑related offence that anything relied on, in whole or in part, as constituting that offence was done outside Singapore. (2) In a charge for a bankruptcy-related offence, it is sufficient to set forth the substance of the offence charged in the words of the provision creating the offence, specifying the offence or as near to specifying the offence as circumstances admit, without alleging or setting forth any debt, demand, application or any proceedings in, or order, warrant or document of, the Court under Division 2 of Part 3 or Parts 13 to 21. (3) Where a bankrupt is guilty of any bankruptcy‑related offence, the bankrupt is not exempt from being proceeded against for the offence by reason that the bankrupt has obtained his or her discharge or that the bankruptcy order made against the bankrupt has been annulled or rescinded. (4) In this section, “bankruptcy-related offence” means any offence under — ( a ) Division 2 of Part 3; and ( b ) Parts 13 to 21.


document_id: irda-2018
provision_ref: s419
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 419
title: Administration in bankruptcy of estate of person dying insolvent
content:
419. —(1) In this section, unless the context otherwise requires, “creditor” means one or more creditors qualified to make a bankruptcy application under Part 16. (2) The Official Assignee or any creditor of a deceased debtor whose debt would have been sufficient to support a bankruptcy application against the debtor had the debtor been alive, may make to the Court an application for an order for the administration of the estate of the deceased debtor according to Parts 16 to 21. (3) Every application under this section is to be in the same form as a creditor’s bankruptcy application under section 307, with such variations as the case may require, except that in the case of an application by the Official Assignee, it is not necessary to allege or prove that any debt is owing to the applicant. (4) Upon the prescribed notice being given to the legal representative (if any) of the deceased debtor, the Court may, in the prescribed manner, upon proof of the applicant’s debt, unless the Court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased debtor, make an order for the administration in bankruptcy of the deceased debtor’s estate, or may, upon cause being shown, dismiss the application with or without costs. (5) An application for administration under this section must not be made to the Court after proceedings have been commenced for the administration of the deceased debtor’s estate, except that the Court may, in that case, on the application of any creditor and on proof that the estate is insufficient to pay its debts in the prescribed manner, make an order for the administration of the estate of the deceased debtor in bankruptcy, and the like consequences ensue as under an administration order made on the application of a creditor. (6) An administration order under this section must not be made until the expiration of 2 months after the date of the grant of probate or letters of administration, unless with the concurrence of the legal representative of the deceased debtor. (7) Upon an administration order being made under this section, the property of the debtor vests in the Official Assignee as trustee of the property without any further conveyance, transfer or assignment, and the Official Assignee must forthwith proceed to realise and distribute the same in accordance with Parts 16 to 21. (8) Sections 334, 335 and 336 so far as they relate to persons other than the debtor, and, with the modifications under this section, all the provisions of Part 17, so far as the same are applicable, apply to the case of an administration order under this section, and for the purposes of such application, unless the context otherwise requires, every reference to a bankrupt is to be read as a reference to the legal representative of the deceased debtor. (9) Sections 361, 367 and 368 apply in the case of an administration order under this section as if the administration order were a bankruptcy order. (10) In the administration of the property of the deceased debtor under an administration order, the Official Assignee must have regard to any claims by the legal representative of the deceased debtor to payment of the proper funeral and testamentary expenses incurred by the legal representative in and about the debtor’s estate, and such claims are deemed to be preferential debts under the administration order and are payable in full out of the debtor’s estate in priority to all other debts. (11) If on the administration of a deceased debtor’s estate any surplus remains in the hands of the Official Assignee after payment in full of all the debts due from the debtor, together with the costs of the administration and interest as provided by Parts 16 to 21 in the case of a bankruptcy, the surplus is, subject to section 391(2), to be paid over to the legal representative of the deceased debtor’s estate or dealt with in such other manner as is prescribed. (12) Upon notice being given to the legal representative of a deceased debtor of the making by a creditor of an application under this section, and in the event of an administration order being made on the application, no payment or transfer of property made by the legal representative after the giving of the notice operates as a discharge to the legal representative as between the legal representative and the Official Assignee. (13) Subject to this section, nothing in this section invalidates any payment made or act or thing done in good faith by the legal representative before the date of the administration order.


document_id: irda-2018
provision_ref: s420
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 420
title: Arbitration agreements to which bankrupt is party
content:
420. —(1) This section applies where a bankrupt had become party to a contract containing an arbitration agreement before the commencement of his or her bankruptcy. (2) If the Official Assignee adopts the contract, the arbitration agreement is enforceable by or against the Official Assignee in relation to matters arising from or connected with the contract. (3) If the Official Assignee does not adopt the contract and a matter to which the arbitration agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings — ( a ) the Official Assignee; or ( b ) any other party to the agreement, may apply to the Court which may, if the Court thinks fit in all the circumstances of the case, order that the matter be referred to arbitration in accordance with the arbitration agreement.


document_id: irda-2018
provision_ref: s421
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 421
title: Costs
content:
421. —(1) No payment may, without the approval of the Official Assignee, be allowed in the accounts of any trustee in bankruptcy or of any special manager in respect of the performance by any other person of the ordinary duties which are required by Parts 3 and 13 to 22 or the regulations to be performed by the trustee in bankruptcy or special manager, as the case may be. (2) Unless agreed to by the Official Assignee, all bills and charges of any solicitor, manager, accountant, auctioneer, broker and other person (each called in this section a billing person) must be assessed by the Court. [Act 25 of 2021 wef 01/04/2022] (3) Every billing person must, on request by the Official Assignee, which request the Official Assignee must make a sufficient time before declaring a dividend, deliver the billing person’s bill of costs or charges for assessment by the Court. [Act 25 of 2021 wef 01/04/2022] (4) If the billing person fails to deliver the bill of costs or charges for assessment by the Court within 7 days after receipt of the request mentioned in subsection (3), or such further time as the Court on application grants, the Official Assignee must declare and distribute the dividend without regard to any claim by the billing person, and after such declaration and distribution, any such claim is forfeited as against the Official Assignee personally and as against the estate. [Act 25 of 2021 wef 01/04/2022]


document_id: irda-2018
provision_ref: s422
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 422
title: Actions by Official Assignee and bankrupt’s partners
content:
422. —(1) Where a partner in a firm is adjudged bankrupt, the Court may authorise the Official Assignee to commence and prosecute any action or other legal proceeding in the names of the Official Assignee and of the bankrupt’s partner. (2) Any release by the bankrupt’s partner of the debt or demand to which the action or proceeding relates is void. (3) Notice of the application for authority to commence the action or proceeding must be given to the bankrupt’s partner and the partner may show cause against it, and on the partner’s application the Court may, if the Court thinks fit, direct that the partner is to receive the partner’s proper share of the proceeds of the action or proceeding, and if the partner does not claim any benefit from the proceeds of the action or proceeding, the partner is to be indemnified against costs in respect of the action or proceeding as the Court directs.


document_id: irda-2018
provision_ref: s423
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 423
title: Action in aid of courts of Malaysia and designated countries
content:
423. —(1) The Court and the officers of the Court must, in all matters of bankruptcy and insolvency, act in aid of and be auxiliary to the courts of Malaysia or any designated country having jurisdiction in bankruptcy and insolvency so long as the law of Malaysia or the designated country requires its courts to act in aid of and be auxiliary to the courts of Singapore. (2) An order of any such court of Malaysia or any designated country, seeking aid with a request to the Court, is deemed sufficient to enable the Court to exercise in respect of the matters directed by the order such jurisdiction as either the court which made the request or the Court could exercise in respect of similar matters within their several jurisdictions. (3) In this section, “designated country” means any country designated for the purposes of this section by the Minister by notification in the Gazette .


document_id: irda-2018
provision_ref: s424
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 424
title: Reciprocal recognition of Official Assignees
content:
424. —(1) The Minister may, by notification in the Gazette , declare that the Government of Singapore has entered into an agreement with the government of Malaysia for the recognition by each government of the Official Assignees in bankruptcy appointed by the other government. (2) From the date of that notification, where any person has been adjudged a bankrupt by a court in Malaysia, such property of the bankrupt situate in Singapore as would, if the bankrupt had been adjudged bankrupt in Singapore, vest in the Official Assignee of Singapore, vests in the Official Assignee appointed by the government of Malaysia, and all courts in Singapore must recognise the title of such Official Assignee to such property. (3) Subsection (2) does not apply where a bankruptcy application has been made against the bankrupt in Singapore until the application has been dismissed or withdrawn or the bankruptcy order has been rescinded or annulled. (4) The production of an order of adjudication purporting to be certified, under the seal of the court in Malaysia making the order, by the registrar of that court, or of a copy of the official Gazette of Malaysia containing a notice of an order adjudging a person a bankrupt is conclusive proof in all courts in Singapore of the order having been duly made and of its date. (5) The Official Assignee of Malaysia may sue and be sued in any court in Singapore by the official name of “the Official Assignee of the Property of (name of bankrupt), a Bankrupt under the Law of Malaysia”.


document_id: irda-2018
provision_ref: s425
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 425
title: Evidence of proceedings at meetings of creditors
content:
425. —(1) A minute of proceedings at a meeting of creditors under Parts 3 and 13 to 21, signed at the same or the next ensuing meeting by a person describing himself or herself as or appearing to be chairperson of the meeting at which the minute is signed, is to be received in evidence without further proof. (2) Until the contrary is proved, every meeting of creditors in respect of the proceedings of which a minute has been signed is deemed to have been duly convened and held, and all resolutions passed or proceedings had to have been duly passed or had at the meeting.


document_id: irda-2018
provision_ref: s426
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 426
title: Evidence of proceedings in bankruptcy
content:
426. Any — ( a ) application or copy of an application in bankruptcy; ( b ) order or certificate or copy of an order or certificate made by the Court in bankruptcy; or ( c ) instrument, affidavit or document or copy of an instrument, an affidavit or a document made or used in the course of any bankruptcy proceedings or other proceedings under Parts 3 and 13 to 22, is if it appears to be sealed with the seal of the Court or purports to be signed by any judge of the Court, or is certified as a true copy by the Registrar, receivable in evidence in all legal proceedings.


document_id: irda-2018
provision_ref: s427
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 427
title: Swearing of affidavits
content:
427. Subject to the Rules, any affidavit may be used in the Court if it is sworn — ( a ) in Singapore, before any person authorised to administer oaths or any Magistrate; ( b ) in Malaysia or other Commonwealth country, before a judge, magistrate, justice of the peace or any person authorised to administer oaths under any written law for the time being in force in Malaysia or that Commonwealth country; and ( c ) in any other place, before a magistrate or justice of the peace or other person qualified to administer oaths in that place, certified as such by a consul or person performing consular functions on behalf of the government or by a notary public.


document_id: irda-2018
provision_ref: s428
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 428
title: Death of witness, etc.
content:
428. In the case of the death of the debtor or bankrupt, or of the spouse of the debtor or bankrupt, or of a witness whose evidence has been received by the Court in any proceedings under Parts 3 and 13 to 22, the deposition of the person so deceased, purporting to be sealed with the seal of the Court, or a copy of the deposition purporting to be so sealed, is admissible as evidence of the matters deposed to in the deposition.


document_id: irda-2018
provision_ref: s429
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 429
title: Service of summons, notice, etc.
content:
429. —(1) Every summons, notice or document required or authorised to be served on any person under any provision of Parts 3 and 13 to 21 and, despite anything to the contrary in the Criminal Procedure Code 2010, every summons issued by a court for the attendance of any person accused of any offence under Parts 3 and 13 to 21, may be served on the person — ( a ) by delivering it to that person; ( b ) by delivering it to any adult person residing at that person’s usual or last known place of residence or employed at that person’s last known place of business; ( c ) by leaving it at that person’s usual or last known place of residence or business; or ( d ) by forwarding it by registered post in a cover addressed to that person at that person’s usual or last known place of residence or business or at any address furnished by that person. (2) In proving service by registered post, it is sufficient to prove that the registered cover containing the summons, notice or document was duly addressed and posted.


document_id: irda-2018
provision_ref: s430
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 430
title: Formal defect not to invalidate proceedings or acts
content:
430. —(1) No proceedings in bankruptcy are invalidated by any formal defect or by any irregularity, unless the Court before which an objection is made to the proceedings is of the opinion that substantial injustice has been caused by the defect or irregularity and that the injustice cannot be remedied by any order of the Court. (2) The acts of a person as a trustee or as a special manager, and the acts of the creditors’ committee appointed for any bankruptcy, are valid despite any defect in the appointment, election or qualifications of the trustee, manager or any member of the committee, as the case may be.


document_id: irda-2018
provision_ref: s431
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 431
title: Acts of corporations, firms and lunatics
content:
431. For all or any of the purposes of Parts 3 and 13 to 22 — ( a ) a corporation may act by any of its officers authorised in that behalf under the seal of the corporation; ( b ) a firm may act by any of its members; and ( c ) a person who lacks capacity may act by — (i) a donee of a lasting power of attorney granted by the person with powers in relation to the person for the purposes of Parts 3 and 13 to 22; or (ii) a deputy appointed or deemed to be appointed for the person by the court under the Mental Capacity Act 2008 with powers in relation to the person for the purposes of Parts 3 and 13 to 22.


document_id: irda-2018
provision_ref: s432
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 432
title: Exclusion of liability relating to computerised information service
content:
432. Where the Official Assignee provides a service to the public by which computerised information of prescribed particulars of a bankrupt is supplied to the public on payment of a prescribed fee, neither the Government nor any of its employees involved in the supply of such information is liable for any loss or damage suffered by any member of the public or the bankrupt by reason of any error or omission of any nature in the information, regardless of how the error or omission is caused, if the provision of the information containing the error or omission is made in good faith and in the ordinary course of the discharge of the duties of the employee.


document_id: irda-2018
provision_ref: s433
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 433
title: List of undischarged bankrupts, etc., to be kept
content:
433. —(1) The Official Assignee must maintain, in such form or manner as the Official Assignee thinks fit — ( a ) a list of undischarged bankrupts; ( b ) a list of discharged bankrupts; ( c ) a record of every bankruptcy order; ( d ) a record of every order rescinding a bankruptcy order; ( e ) a record of every order, and every certificate of the Official Assignee, discharging a bankruptcy order; [Act 1 of 2023 wef 01/11/2023] ( f ) a record of every order, and every certificate of the Official Assignee, annulling a bankruptcy order; and [Act 1 of 2023 wef 01/11/2023] ( g ) a record of the particulars of the current employment status and employment history of every undischarged bankrupt, as provided to the Official Assignee under section 332(3)( a )(iv) or (4)( c ), 333(1)( a ) or 399(1)( b ) or ( c ). [Act 1 of 2023 wef 01/11/2023] (2) Subject to subsections (3) and (4), the Official Assignee may allow any person, on payment of the prescribed fee, to inspect or otherwise have access to the whole or any part of any list or record mentioned in subsection (1)( a ) to ( e ) and ( g ) as the Official Assignee may determine. [Act 1 of 2023 wef 01/11/2023] (3) Subject to section 393(3), where a bankruptcy order has been annulled, no person may inspect or have access to any part of any record maintained by the Official Assignee which relates to the bankruptcy order or the annulment of the bankruptcy order. (4) Where an individual’s target contribution was paid in full before the individual’s discharge from bankruptcy, and 5 years have lapsed after the date of discharge, no person (except the individual) may inspect or otherwise have access to — ( a ) the part of the list mentioned in subsection (1)( b ) relating to the bankruptcy which the individual was discharged from; and ( b ) the part of any record mentioned in subsection (1)( c ) or ( e ) relating to the bankruptcy which the individual was discharged from. (5) Where the question arises as to whether a person is an undischarged bankrupt, a certificate from the Official Assignee stating whether or not that person is an undischarged bankrupt is prima facie evidence of the facts stated in the certificate.


document_id: irda-2018
provision_ref: s434
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 434
title: Unclaimed and undistributed moneys
content:
434. —(1) Where a trustee in bankruptcy or nominee is in possession of or has under the control of the trustee or nominee — ( a ) any unclaimed dividend or other moneys which have remained unclaimed for more than 6 months from the date when the dividend or other moneys became payable; or ( b ) after making final distribution, any unclaimed or undistributed moneys arising from the property of a bankrupt, the trustee or nominee (as the case may be) must forthwith pay those moneys to the Official Assignee to be placed to the credit of the Bankruptcy Estates Account. (2) Upon payment under subsection (1), the Official Assignee must issue to the trustee in bankruptcy or nominee the prescribed certificate of receipt for the moneys so paid and that certificate is an effectual discharge to the trustee or nominee in respect of the payment. (3) The Official Assignee must from time to time pay out of the Bankruptcy Estates Account and into the Insolvency Assistance Fund maintained under section 436 so much of the sums standing to the credit of the Bankruptcy Estates Account as represents — ( a ) dividends or balances in the Bankruptcy Estates Account which do not exceed $50; ( b ) dividends which were declared but have not been claimed for a period of 6 years; or ( c ) balances in the Bankruptcy Estates Account which have not been claimed for a period of 6 years after the date that — (i) the bankruptcy order has been annulled by the Court; (ii) the bankrupt has been discharged from bankruptcy by the Court; (iii) the bankrupt has been discharged from bankruptcy by a certificate issued by the Official Assignee; (iv) the bankruptcy application made against a debtor has been withdrawn by the applicant or dismissed by the Court; or (v) the moneys were paid into the Bankruptcy Estates Account under subsection (1). (4) The Official Assignee must from time to time pay out of the Debt Repayment Schemes Account and into the Debt Repayment Scheme Assistance Fund maintained under section 435 so much of the sums standing to the credit of the Debt Repayment Schemes Account as represents — ( a ) balances in the Debt Repayment Schemes Account which do not exceed $50; or ( b ) balances in the Debt Repayment Schemes Account in respect of a debt repayment scheme which have remained unclaimed for a period of 6 years after the date on which the debt repayment scheme has ceased under section 298(1).


document_id: irda-2018
provision_ref: s435
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 435
title: Debt Repayment Scheme Assistance Fund
content:
435. —(1) The Official Assignee must maintain and administer a fund to be known as the Debt Repayment Scheme Assistance Fund (called in this section the Fund) in accordance with such regulations as may be prescribed. (2) The following are to be paid into the Fund: ( a ) all moneys mentioned in section 434(4); ( b ) all costs and fees recovered by the Official Assignee in any proceedings under Part 15 in which moneys from the Fund were applied. (3) The Fund may be applied by the Official Assignee for such purposes as may be prescribed. (4) The Minister may from time to time pay such sums of moneys out of the Fund and into the Consolidated Fund as the Minister may determine. (5) If any claimant makes any demand against the Official Assignee for any amount of unclaimed moneys paid into the Fund under subsection (2)( a ), the Minister may direct that payment of that amount, free of interest, be made to the claimant out of the Consolidated Fund.


document_id: irda-2018
provision_ref: s436
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 436
title: Insolvency Assistance Fund
content:
436. —(1) The Official Assignee must maintain and administer a fund to be known as the Insolvency Assistance Fund (called in this section the Fund) in accordance with such regulations as may be prescribed. (2) The following are to be paid into the Fund: ( a ) all unclaimed moneys mentioned in section 434(3); ( b ) all costs and fees recovered by the Official Assignee in any proceedings taken under Parts 3 and 13 to 22 in which moneys from the Fund were applied. (3) Subject to subsections (4) and (6), the Fund may be applied by the Official Assignee for all or any of the following purposes: ( a ) for the remuneration of special managers appointed under section 379; ( b ) for the payment of all costs, fees and allowances to solicitors and other persons in proceedings on behalf of a bankrupt’s estate or to recover assets of the estate; ( c ) for the payment of such costs and fees in the administration of a bankrupt’s estate as the Official Assignee may determine; ( d ) for such other purposes as may be prescribed. (4) If any claimant makes any demand against the Official Assignee for any amount of unclaimed moneys paid into the Fund under subsection (2)( a ), the Minister may direct that payment of that amount, free of interest, be made to the claimant out of the Consolidated Fund. (5) No moneys from the Fund may be applied for any proceedings where, in the opinion of the Official Assignee, there is no reasonable ground for taking, defending, continuing or being a party to the proceedings or where there are sufficient moneys for such purpose in the bankrupt’s estate. (6) The Minister may from time to time pay such sums of moneys out of the Fund and into the Consolidated Fund as the Minister may determine.


document_id: irda-2018
provision_ref: s437
chapter: PART 21 - BANKRUPTCY MISCELLANEOUS PROVISIONS
section: 437
title: Composition of offences
content:
437. —(1) The Official Assignee may compound any offence under Division 2 of Part 3 and Parts 13 to 21 which is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money under subsection (1), no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: irda-2018
provision_ref: s438
chapter: PART 22 - PROVISIONS AGAINST DEBT AVOIDANCE AND
section: 438
title: Transactions defrauding creditors
content:
438. —(1) This section relates to any transaction entered into by a person (called in this section and section 439 the debtor) with another person at an undervalue. (2) For the purposes of subsection (1), a debtor enters into a transaction with another person at an undervalue if — ( a ) the debtor makes a gift to the other person or the debtor otherwise enters into a transaction with the other person on terms that provide for the debtor to receive no consideration; ( b ) the debtor enters into a transaction with the other person in consideration of marriage; or ( c ) the debtor enters into a transaction with the other person for a consideration the value of which, in money or money’s worth, is significantly less than the value, in money or money’s worth, of the consideration provided by the debtor. (3) Where a debtor enters into a transaction at an undervalue, the Court may, if satisfied under subsection (4), make such order as the Court thinks fit for — ( a ) restoring the position to what it would have been if the transaction had not been entered into; and ( b ) protecting the interests of any person who is, or is capable of being, prejudiced by the transaction (called in this section a victim). (4) An order under subsection (3) may only be made if the Court is satisfied that a transaction at an undervalue was entered into by a debtor for the purpose — ( a ) of putting assets beyond the reach of a person who is making, or may at some time make, a claim against the debtor; or ( b ) of otherwise prejudicing the interests of any person in relation to a claim which the person is making or may make against the debtor. (5) An application for an order under subsection (3) must not be made in relation to a transaction except — ( a ) in a case where the debtor has been adjudged bankrupt under Part 16, by the Official Assignee, the trustee in bankruptcy or (with the permission of the Court) a victim of the transaction; [Act 25 of 2021 wef 01/04/2022] ( b ) in a case where a victim of the transaction is bound by a voluntary arrangement approved under Part 14, by the nominee of the voluntary arrangement or by any person who (whether or not so bound) is such a victim; ( c ) in a case where the debtor is a company that is being wound up under Part 8 or is in judicial management under Part 7, by — (i) the Official Receiver; (ii) the liquidator or judicial manager (whichever is applicable); or (iii) a victim of the transaction; and ( d ) in any other case, by a victim of the transaction. (6) An application made under subsection (5) is deemed to be made on behalf of every victim of the transaction.


document_id: irda-2018
provision_ref: s439
chapter: PART 22 - PROVISIONS AGAINST DEBT AVOIDANCE AND
section: 439
title: Provisions which may be made by order under section 438
content:
439. —(1) Without limiting section 438(3) but subject to subsection (2), an order made under that section with respect to a transaction may — ( a ) require any property transferred as part of the transaction to be vested in any person, either absolutely or for the benefit of all the persons on whose behalf the application for the order is deemed to be made; ( b ) require any property to be so vested in any person, either absolutely or for the benefit of all the persons on whose behalf the application for the order is deemed to be made, if the property represents, in any person’s hands, the application either of the proceeds of sale of property transferred as part of the transaction or of money so transferred; ( c ) release or discharge (in whole or in part) any security given by the debtor; ( d ) require any person to pay to any other person in respect of benefits received from the debtor such sums as the Court may direct; ( e ) provide for any surety or guarantor whose obligations to any person were released or discharged (in whole or in part) under the transaction to be under such new or revived obligations as the Court thinks appropriate; and ( f ) provide for security to be provided for the discharge of any obligation imposed by or arising under the order, for such an obligation to be charged on any property and for such security or charge to have the same priority as a security or charge released or discharged (in whole or in part) under the transaction. (2) An order under section 438 may affect the property of, or impose any obligation, on any person whether or not that person is the person with whom the debtor entered into the transaction, but must not — ( a ) prejudice any interest in property which was acquired from a person other than the debtor and was acquired in good faith, for value and without notice of the relevant circumstances, or prejudice any interest deriving from such an interest; and ( b ) require a person who received a benefit from the transaction in good faith, for value and without notice of the relevant circumstances to pay any sum unless the person who received the benefit was a party to the transaction. (3) For the purposes of this section, the relevant circumstances in relation to a transaction are the circumstances by virtue of which an order under section 438 may be made in respect of the transaction. (4) In this section, “security” has the meaning given by section 61(1). (5) Any reference in this section to the person or property of a debtor or bankrupt is, in relation to a debtor which is a firm or to a firm against which a bankruptcy order has been made (as the case may be), to be read as a reference to the person or property of each partner of the firm.


document_id: irda-2018
provision_ref: s440
chapter: PART 22 - PROVISIONS AGAINST DEBT AVOIDANCE AND
section: 440
title: Certain contractual rights limited
content:
440. —(1) No person may, at any time after the commencement and before the conclusion of any proceedings by a company, or at any time after the date of commencement of the simplified debt restructuring programme for a company until the time the compromise or arrangement becomes effective in accordance with section 72M(16) or the time the company is discharged from the simplified debt restructuring programme (whichever is earlier) — ( a ) terminate or amend, or claim an accelerated payment or forfeiture of the term under, any agreement (including a security agreement) with the company; or ( b ) terminate or modify any right or obligation under any agreement (including a security agreement) with the company, by reason only that the proceedings are commenced, the company is insolvent, or the company has entered the simplified debt restructuring programme. [Act 3 of 2025 wef 29/01/2026] (2) Nothing in this section is to be construed as — ( a ) prohibiting a person from requiring payments to be made in cash for goods, services, use of leased property or other valuable consideration provided after the commencement of the proceedings or the entry of the company into the simplified debt restructuring programme; or [Act 3 of 2025 wef 29/01/2026] ( b ) requiring the further advance of money or credit. (3) Any provision in an agreement that has the effect of providing for, or permitting, anything that, in substance, is contrary to this section is of no force or effect. (4) On an application by a party to an agreement, the Court may declare that this section does not apply, or applies only to the extent declared by the Court, if the applicant satisfies the Court that the operation of this section would likely cause the applicant significant financial hardship. (5) Subsection (1) does not apply in respect of any legal right under — ( a ) any eligible financial contract as may be prescribed; ( b ) any contract that is a licence, permit or approval issued by the Government or a statutory body; ( c ) any contract that is likely to affect the national interest, or economic interest, of Singapore, as may be prescribed; ( d ) any commercial charter of a ship; ( e ) any agreement within the meaning of the Convention as defined in section 2(1) of the International Interests in Aircraft Equipment Act 2009; or ( f ) any agreement that is the subject of a treaty to which Singapore is party, as may be prescribed. (6) In this section — “company” means any corporation liable to be wound up under this Act, but excludes such company or class of companies as the Minister may by order in the Gazette prescribe; “essential service” has the meaning given by section 2(1) of the Cybersecurity Act 2018; “national interest” includes national defence, national security, public security and the maintenance of any essential service; “proceedings” means any proceedings arising from — ( a ) any application under section 210(1) of the Companies Act 1967 for the approval of the Court in relation to any compromise or arrangement between a company and its creditors or any class of those creditors; ( b ) any application under section 71 for the approval of the Court in relation to any compromise or arrangement; ( c ) any application for an order under section 64 or 65; ( d ) any application for a judicial management order under section 91; or ( e ) the lodgment of a written notice of the appointment of an interim judicial manager under section 94(5)( a ).


document_id: irda-2018
provision_ref: s441
chapter: PART 23 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 441
title: Application of sections 442, 443 and 444, etc.
content:
441. —(1) Sections 442, 443 and 444 do not apply to — ( a ) the filing, lodgment or submission of a notice or other document with or to the Registrar of Companies or the Official Receiver; ( b ) the filing of any notice or other document with the Court; ( c ) the service of a written demand mentioned in section 125(2)( a ); or ( d ) the service of a statutory demand mentioned in section 312. (2) In this section and sections 442, 443 and 444, “document” has the meaning given by section 61(1). (3) In sections 443, 444, 445 and 446, “relevant officeholder” means — ( a ) in relation to a company — (i) the Official Receiver, when acting as liquidator or provisional liquidator; or (ii) a liquidator, provisional liquidator, judicial manager, or receiver or manager; and ( b ) in relation to an individual — (i) the Official Assignee; (ii) a person appointed as a trustee in bankruptcy; or (iii) a nominee under a voluntary arrangement approved under Part 14.


document_id: irda-2018
provision_ref: s442
chapter: PART 23 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 442
title: Electronic delivery in insolvency proceedings — general
content:
442. —(1) Unless in any particular case some other form of delivery is required by this Act, the regulations, the rules or an order of the Court and subject to subsections (3) and (4), a notice or other document may be given, delivered or sent by electronic means provided that the intended recipient of the notice or other document has — ( a ) consented (whether in the specific case or generally) to electronic delivery (and has not revoked that consent); and ( b ) provided an electronic address for delivery. (2) In the absence of evidence to the contrary, a notice or other document is presumed to have been delivered where — ( a ) the sender can produce a copy of the electronic message which — (i) contained the notice or other document, or to which the notice or other document was attached; and (ii) shows the time and date the message was sent; and ( b ) that electronic message contains the address provided under subsection (1)( b ). (3) A message is deemed to have been delivered to the recipient at 9 a.m. on the next business day after the message was sent if the message was sent electronically — ( a ) after 6 p.m. but at or before 11.59 p.m. on a business day; or ( b ) on a day other than a business day. (4) A message sent electronically before 9 a.m. on a business day is deemed to have been delivered to the recipient at 9 a.m. on that business day.


document_id: irda-2018
provision_ref: s443
chapter: PART 23 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 443
title: Electronic delivery by relevant officeholders
content:
443. —(1) Where a relevant officeholder gives, sends or delivers a notice or other document to any person by electronic means under section 442, the notice or document must contain or be accompanied by a statement that the recipient may request a hard copy of the notice or document and that specifies an electronic address to which a request for a hard copy may be addressed. (2) Where a hard copy of the notice or other document is requested, the relevant officeholder must send a hard copy of the notice or document within 7 days after the relevant officeholder receives the request. (3) A relevant officeholder must not, unless provided otherwise by regulations, require a person making a request under subsection (2) to pay a fee for the supply of the document.


document_id: irda-2018
provision_ref: s444
chapter: PART 23 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 444
title: Use of Internet websites by relevant officeholder
content:
444. —(1) A relevant officeholder required to give, deliver or send a document to any person may (other than in a case where personal service is required) satisfy that requirement by sending that person a notice — ( a ) stating that the document is available for viewing and downloading on an Internet website; ( b ) specifying the address of that Internet website together with any password necessary to view and download the document from that site; and ( c ) containing a statement that the person to whom the notice is given, delivered or sent may request a hard copy of the document and that specifies an electronic address to which a request for hard copy may be sent. (2) Where a notice is sent under subsection (1), the document to which the notice relates must — ( a ) be available on the Internet website for a period of not less than 3 months after the date on which the notice is sent; and ( b ) must be in such a format as to enable the document to be downloaded from the Internet website within a reasonable time of an electronic request being made for the document to be downloaded. (3) Where a hard copy of the document is requested, it must be sent within 7 days of the receipt of the request by the relevant officeholder. (4) A relevant officeholder must not, unless provided otherwise by regulations, require a person making a request under subsection (3) to pay a fee for the supply of the document. (5) Where a document is given, delivered or sent to a person by means of an Internet website in accordance with this section, it is deemed to have been delivered at the later of the following times: ( a ) the time when the document was first made available on the Internet website; ( b ) the time when the notice under subsection (1) was delivered to that person.


document_id: irda-2018
provision_ref: s445
chapter: PART 23 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 445
title: Remote attendance at meetings
content:
445. —(1) Subject to subsection (2), this section applies to — ( a ) any meeting of the creditors of an individual or a company summoned under this Act or the regulations; ( b ) any meeting of the members or contributories of a company summoned by the relevant officeholder under this Act or the regulations, other than a meeting of the members of a company in a members’ voluntary winding up; ( c ) any meeting of the committee of inspection of a company called by the liquidator under section 151(2); or ( d ) any meeting of the creditors’ committee convened by the Official Assignee under section 331(2). (2) Where the person summoning a meeting (called in this section the convener) considers it appropriate, the meeting may be conducted and held in such a way that persons who are not present together at the same place may attend it. (3) Where a meeting is conducted and held in the manner mentioned in subsection (2), a person attends the meeting if that person is able to exercise any rights which that person may have to speak and vote at the meeting. (4) For the purposes of this section — ( a ) a person is able to exercise the right to speak at a meeting when that person is in a position to communicate to all those attending the meeting, during the meeting, any information or opinions which that person has on the business of the meeting; and ( b ) a person is able to exercise the right to vote at a meeting when — (i) that person is able to vote, during the meeting, on resolutions put to the vote at the meeting; and (ii) that person’s vote can be taken into account in determining whether or not such resolutions are passed at the same time as the votes of all the other persons attending the meeting. (5) The convener of a meeting which is to be conducted and held in the manner mentioned in subsection (2) must make appropriate arrangements to — ( a ) enable those attending the meeting to exercise their rights to speak or vote; and ( b ) ensure the identification of those attending the meeting and the security of any electronic means used to enable attendance. (6) Where in the reasonable opinion of the convener — ( a ) a meeting which is to be conducted and held in the manner mentioned in subsection (2) will be attended by persons who will not be present together at the same place; and ( b ) it is unnecessary or inexpedient to specify a place for the meeting, any requirement under this Act or the regulations to specify a place for the meeting may be satisfied by specifying the arrangements the convener proposes to enable persons to exercise their rights to speak or vote. (7) In making the arrangements mentioned in subsection (5) and in forming the opinion mentioned in subsection (6)( b ), the convener must have regard to the legitimate interests of the members or contributories of the company, creditors and others attending the meeting in the efficient despatch of the business of the meeting. (8) If — ( a ) the notice of a meeting which is to be conducted and held in the manner mentioned in subsection (2) does not specify a place for the meeting; ( b ) the convener is requested in accordance with the regulations to specify a place for the meeting; and ( c ) that request is made — (i) in the case of a meeting of creditors or contributories, by at least 10% in value of the creditors or contributories; or (ii) in the case of a meeting of members of the company, by members representing at least 10% of the total voting rights of all the members having at the date of the request a right to vote at the meeting, it is the duty of the convener to specify a place for the meeting. (9) Where a person attends, in accordance with subsection (3), a meeting conducted and held in the manner mentioned in subsection (2), that person is deemed for the purposes of this Act to be present in person at the meeting. (10) In this section, “members’ voluntary winding up” has the meaning given by section 61(1).


document_id: irda-2018
provision_ref: s446
chapter: PART 23 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 446
title: Resolutions by correspondence
content:
446. —(1) A relevant officeholder may seek to obtain the passing of a resolution by creditors or contributories without holding a meeting by giving notice of the resolution to every creditor or contributory who is entitled to be notified of a meeting at which the resolution could be passed. (2) In order to be counted, a vote must — ( a ) be received by the relevant officeholder by 1 p.m. on the closing date specified in the notice; ( b ) be in writing or in a permitted alternative form; and ( c ) in the case of a vote cast by a creditor, be accompanied by a proof of debt unless it has already been lodged with the relevant officeholder. (3) If any vote cast by a creditor is received without a proof of debt, or the relevant officeholder decides that the creditor or contributory is not entitled to vote under the Act or the regulations, then that creditor’s or contributory’s vote must be disregarded. (4) The closing date may be set at the discretion of the relevant officeholder, but in any event it must not be set less than 14 days after the giving of notice mentioned in subsection (1). (5) For the resolution to be passed, the relevant officeholder must receive at least one valid vote by the closing date specified in the notice. (6) If no valid vote is received by the closing date specified, the relevant officeholder must call a meeting of creditors or contributories at which the resolution could be passed. (7) Creditors whose debts amount to at least 10% of the total debts of the company may, within 7 days after the giving of notice provided for in subsection (1), require the relevant officeholder to summon a meeting of creditors to consider the resolution. (8) Contributories representing at least 10% of the total value of all contributories may, within 7 days after the giving of notice provided for in subsection (1), require the relevant officeholder to summon a meeting of contributories to consider the resolution. (9) A reference in this Act or the regulations to a resolution passed at a creditors’ or contributories’ meeting includes a reference to a resolution passed under this section. (10) For the purposes of subsection (2), a vote is “in a permitted alternative form” if, and only if, it is sent or otherwise supplied in a form other than writing that — ( a ) is currently agreed between the relevant officeholder and the creditor or contributory as a form in which the vote may be sent or otherwise supplied to the relevant officeholder; and ( b ) is such that votes sent or supplied in that form can (where particular conditions are met) be received in legible form or be made legible following receipt in non‑legible form.


document_id: irda-2018
provision_ref: s447
chapter: PART 23 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 447
title: Amendment of Schedules
content:
447. The Minister may, by order in the Gazette , add to, vary or amend the Second or Third Schedule.


document_id: irda-2018
provision_ref: s448
chapter: PART 23 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 448
title: Rules of Court
content:
448. —(1) The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court — ( a ) to regulate and prescribe — (i) proceedings and the practice and procedure of the Court under this Act; (ii) proceedings and the practice and procedure of the Appellate Division of the High Court or the Court of Appeal on an appeal from the Court; and (iii) any matters incidental to or relating to any such proceedings, practice and procedure; ( b ) to provide for fees and costs for the proceedings mentioned in paragraph ( a ); ( c ) to prescribe rules as to meetings ordered by the Court; ( d ) to prescribe such matters as are required by this Act to be prescribed by Rules of Court made under this section; and ( e ) to provide for matters generally with respect to corporate insolvency proceedings or bankruptcy proceedings under this Act. [40/2019] (2) Without limiting subsection (1), the Rules of Court made under this section may provide for the following matters: ( a ) the manner in which, and the time within which, any application is to be made to the Court, the Appellate Division of the High Court or the Court of Appeal under this Act; ( b ) the part of the business which may be transacted by a Judge in court or in chambers, and the part of the jurisdiction and powers which may be exercised by a Judge in court or in chambers, which may be transacted or exercised by the Registrar (including provisions for appeals against decisions of the Registrar); ( c ) the procedure to be followed on appeals from the Court to the Appellate Division of the High Court or the Court of Appeal; ( d ) the scales of allowances, costs and fees to be taken or paid to any party or witness in any proceedings in the Court, the Appellate Division of the High Court or the Court of Appeal, and any matters relating to the costs of proceedings in such courts; ( e ) any rules enabling proceedings — (i) to be commenced in the Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made; (ii) purporting to have been commenced in the Court by or against a person to be treated, if the person was dead at their commencement, as having been commenced by or against (as the case may be) the person’s estate, whether or not a grant of probate or letters of administration was made before their commencement; and (iii) commenced or treated as commenced in the Court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against (as the case may be) a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives; ( f ) the means by which particular facts may be proved, and the mode in which evidence of those facts may be given, in any proceedings or on any application in connection with or at any stage of any proceedings; ( g ) the joinder of parties and for prescribing in what cases persons absent, but having an interest in a cause or matter, are to be bound by any order made in the cause or matter, and the causes or matters in which orders may be made for the representation of absent persons by one or more parties to a cause or matter; ( h ) the rate of interest payable on all debts, including judgment debts, or on the sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the Court, except that the rate of interest must not exceed 8% per annum in any case, unless it has been otherwise agreed between the parties; ( i ) the cases in which money due under a judgment or order is to be paid into court; ( j ) the modes in which an enforcement order for seizure and sale of property may be executed, the manner in which seizure may be made of any property seizable under the enforcement order for seizure and sale of property, the mode of sale by the Sheriff or any other officer of the Court of any property so seized, and the manner in which the right and title of purchasers of the property at any sale by any officer of the Court may be secured to the purchasers; [Act 25 of 2021 wef 01/04/2022] ( k ) the discovery of a judgment debtor’s property in aid of the enforcement of any judgment or order; [Act 25 of 2021 wef 01/04/2022] ( l ) the taking of evidence before an examiner on commission or by letters of request, and the circumstances in which evidence so taken may be read on the trial of an action; ( m ) the cases in which and the conditions on which a court may act upon the certificate of accountants, actuaries or other scientific persons; ( n ) the duties of the Accountant appointed under section 66(1) of the Supreme Court of Judicature Act 1969 in respect of funds or property in the custody of the Court, and in particular the mode of transfer of securities into the name of the Accountant, the method of investment of any such funds, the rate of interest to be charged on those funds, and the manner in which unclaimed funds may be dealt with. [40/2019] (3) All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: irda-2018
provision_ref: s449
chapter: PART 23 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 449
title: Regulations
content:
449. —(1) The Minister may make regulations for the purposes of carrying into effect the objects of this Act. (2) Without limiting subsection (1), the Minister may make regulations with respect to — ( a ) the duties and functions of the Official Assignee and the Official Receiver and other persons appointed to assist with the administration of this Act; ( b ) all matters connected with or arising out of a compromise or an arrangement between a company and its creditors or any class of those creditors; ( c ) the releasing of a debtor from any obligation under Part 15; ( d ) the circumstances to be taken into account in the approval or modification of a debt repayment plan; ( e ) the powers and procedures of the Appeal Panel under section 304; ( f ) the procedures of an Appeal Panel Committee under section 304; ( g ) the information and documents to be furnished by a debtor to the Official Assignee relating to the debtor’s property, debts and other financial affairs; ( h ) the convening and conduct of, and the participation of a debtor and the debtor’s creditors in and their respective obligations at, meetings held under Parts 14 and 15; ( i ) the inspection of documents submitted to the Official Assignee under Part 15; ( j ) the circumstances in which a creditor may claim interest in the creditor’s proof of debt despite the absence of any previous agreement or reservation as to interest, and the rate of interest that may be claimed in such circumstances; ( k ) meetings of creditors, the functions, membership and proceedings of a creditors’ committee in a bankruptcy; ( l ) the proof of debts, the manner and conditions of proving a debt and the manner and expenses of establishing the value of any debt or security; ( m ) the scale of appropriation of salary under section 372; ( n ) all matters connected with or arising out of the judicial management of a company by a judicial manager, including the appointment of the judicial manager; ( o ) the grant and renewal of licences of licensed insolvency practitioners; ( p ) the requirements applicable to licensed insolvency practitioners; ( q ) the electronic submission of documents and forms to the Official Assignee or the Official Receiver; ( r ) the lodging or registration of documents and the time and manner of submission of documents for lodging or registration; ( s ) prescribing forms for the purposes of this Act; ( t ) prescribing any fees payable under this Act; ( u ) prescribing the penalties payable for the late lodgment of any document; ( v ) prescribing the manner in which prescribed fees and penalties are to be paid; ( w ) the waiver, refund or remission, whether wholly or in part, of any fee or penalty chargeable under this Act; ( x ) providing for the service of documents, and the giving of notices, required or allowed under this Act, except documents and notices for proceedings in a court; ( y ) prescribing offences which may be compounded; and ( z ) all matters or things which by this Act are required or permitted to be prescribed otherwise than by rules or which are necessary or expedient to be prescribed for giving effect to this Act. (3) The powers conferred by this section do not extend to any matter for which Rules of Court may be made under section 448. 450. [ Omitted as having had effect ]


document_id: irda-2018
provision_ref: s467
chapter: PART 24 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 467
title: Amendment of Cross-Border Railways Act 2018
content:
467. The Cross-Border Railways Act 2018 is amended — ( a ) [ Omitted as having had effect ] ( b ) [ Omitted as having had effect ] ( c ) [ Omitted as having had effect ] ( d ) [ Omitted as having had effect ] ( e ) [ Omitted as having had effect ] ( f ) [ Omitted as having had effect ] ( g ) [ Omitted as having had effect ] ( h ) by deleting the words “section 254(2) of the Companies Act (Cap. 50)” in section 39(3) and substituting the words “section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018”. 468. [ Omitted as having had effect ] 469. [ Omitted as having had effect ] 470. [ Omitted as having had effect ] 471. [ Omitted as having had effect ] 472. [ Omitted as having had effect ] 473. [ Omitted as having had effect ] 474. [ Omitted as having had effect ] 475. [ Omitted as having had effect ] 476. [ Omitted as having had effect ] 477. [ Omitted as having had effect ] 478. [ Omitted as having had effect ]


document_id: irda-2018
provision_ref: s479
chapter: PART 24 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 479
title: Amendment of Financial Holding Companies Act 2013
content:
479. The Financial Holding Companies Act 2013 is amended — ( a ) by inserting, immediately after the words “Companies Act (Cap. 50)” in section 18(3), the words “or the Insolvency, Restructuring and Dissolution Act 2018”; ( b ) by inserting, immediately after the words “Companies Act (Cap. 50)” in section 24(3), the words “or the Insolvency, Restructuring and Dissolution Act 2018”; ( c ) by deleting the words “Division 5 of Part X of the Companies Act (Cap. 50) and may be wound up by the Court under the Companies Act” in section 52(2) and substituting the words “Part 10 of the Insolvency, Restructuring and Dissolution Act 2018 and may be wound up by the Court under the Insolvency, Restructuring and Dissolution Act 2018”; ( d ) by deleting paragraphs ( a ) and ( b ) of section 52(3) and substituting the following paragraph: “ ( a ) in applying the provisions of the Insolvency, Restructuring and Dissolution Act 2018, any reference to the Registrar of Companies is to be read as a reference to the Registrar under the Co‑operative Societies Act 1979; ”; and ( e ) by inserting, immediately after subsection (3) of section 52, the following subsection: “ (3A) Despite subsection (2) and section 101 of the Co‑operative Societies Act 1979, in any winding up of a designated financial holding company that is a co‑operative society, section 344 of the Companies Act 1967 is applicable and in applying this provision — ( a ) any reference to the register under the Companies Act 1967 is to be read as a reference to the register of societies mentioned in section 10A(1)( a ) of the Co‑operative Societies Act 1979; and ( b ) any reference to the Registrar under the Companies Act 1967 is to be read as a reference to the Registrar under the Co‑operative Societies Act 1979. ”. 480. [ Omitted as having had effect ] 481. [ Omitted as having had effect ] 482. [ Omitted as having had effect ] 483. [ Omitted as having had effect ] 484. [ Omitted as having had effect ] 485. [ Omitted as having had effect ] 486. [ Omitted as having had effect ] 487. [ Omitted as having had effect ] 488. [ Omitted as having had effect ] 489. [ Omitted as having had effect ] 490. [ Omitted as having had effect ] 491. [ Omitted as having had effect ] 492. [ Omitted as having had effect ] 493. [ Omitted as having had effect ] 494. [ Omitted as having had effect ] 495. [ Omitted as having had effect ] 496. [ Omitted as having had effect ] 497. [ Omitted as having had effect ] 498. [ Omitted as having had effect ] 499. [ Repealed by Act 4 of 2021 ] 500. [ Omitted as having had effect ] 501. [ Omitted as having had effect ] 502. [ Omitted as having had effect ] 503. [ Omitted as having had effect ] 504. [ Omitted as having had effect ] 505. [ Omitted as having had effect ] 506. [ Omitted as having had effect ] 507. [ Omitted as having had effect ] 508. [ Omitted as having had effect ] 509. [ Omitted as having had effect ] 510. [ Omitted as having had effect ] 511. [ Omitted as having had effect ] 512. [ Omitted as having had effect ] 513. [ Omitted as having had effect ] 514. [ Omitted as having had effect ] 515. [ Omitted as having had effect ] 516. [ Omitted as having had effect ] 517. [ Omitted as having had effect ] 518. [ Omitted as having had effect ] 519. [ Omitted as having had effect ] 520. [ Omitted as having had effect ] 521. [ Omitted as having had effect ] 522. [ Omitted as having had effect ] 523. [ Omitted as having had effect ] 524. [ Omitted as having had effect ]


document_id: irda-2018
provision_ref: s525
chapter: PART 25 - SAVING AND TRANSITIONAL PROVISIONS
section: 525
title: Saving and transitional provisions relating to repeal of Bankruptcy Act
content:
525. —(1) Subject to subsection (7), Parts 3 and 13 to 22 do not apply to or in relation to the following, and despite section 450, the Bankruptcy Act (Cap. 20, 2009 Revised Edition) (called in this section the repealed Act) as in force immediately before 30 July 2020 continues to apply to or in relation to the following, as if Parts 3 and 13 to 22 and section 450 had not been enacted: ( a ) any application for an interim order made under section 45 of the repealed Act before 30 July 2020; ( b ) any bankruptcy application made before 30 July 2020; ( c ) any application for an order for the administration in bankruptcy of the estate of a deceased debtor made under section 148 of the repealed Act before 30 July 2020; ( d ) any application for a second or subsequent bankruptcy order against a bankrupt made before, on or after 30 July 2020, where the bankrupt is a bankrupt pursuant to a bankruptcy order made under the repealed Act; ( e ) any request to the Court, received before 30 July 2020, seeking aid in respect of an order of a court of Malaysia or any designated country having jurisdiction in bankruptcy and insolvency. [Act 1 of 2023 wef 01/11/2023] (2) For the purposes of subsection (1), any reference in the repealed Act to “Official Assignee” is to be read as a reference to the Official Assignee appointed under section 16(1) of this Act. (3) Despite section 450, the Bankruptcy Estates Account mentioned in section 27 of the repealed Act continues and is deemed to be the Bankruptcy Estates Account mentioned in section 28 of this Act. (4) Despite section 450, the Debt Repayment Schemes Account mentioned in section 27 of the repealed Act continues and is deemed to be the Debt Repayment Schemes Account mentioned in section 28 of this Act. (5) Despite section 450, the Debt Repayment Scheme Assistance Fund mentioned in section 164A of the repealed Act continues and is deemed to be the Debt Repayment Scheme Assistance Fund mentioned in section 435 of this Act. (6) Despite section 450, the Insolvency Assistance Fund mentioned in section 165 of the repealed Act continues and is deemed to be the Insolvency Assistance Fund mentioned in section 436 of this Act. (7) Despite subsection (1) — ( a ) section 38 of the repealed Act as in force immediately before 30 July 2020 applies to or in relation to a trustee in bankruptcy of an estate of a bankrupt who is a bankrupt pursuant to a bankruptcy order made under the repealed Act (including the repealed Act as applied by subsection (1)), as if paragraph ( b ) of subsection (1) of that section were substituted with the following paragraph: “( b ) where there is no agreement with the creditors’ committee or where there is no such committee — (i) by a special resolution of the creditors whose debts have been admitted for the purpose of voting and who are present (in person or by proxy) and voting at a meeting to be convened by the trustee by a notice to each creditor in accordance with subsection (2); or (ii) by agreement between the trustee in bankruptcy and all the creditors, each of whom is deemed to have agreed with the trustee in bankruptcy if — (A) the trustee has notified the creditor, in the manner prescribed in regulations made for the purposes of section 41(4) of the Insolvency, Restructuring and Dissolution Act 2018, of the remuneration sought by the trustee; and (B) the creditor has not objected, in the manner and within the time prescribed by those regulations, to the remuneration sought by the trustee;”; ( b ) section 82 of the repealed Act as in force immediately before 30 July 2020 applies to or in relation to an undischarged bankrupt who is a bankrupt pursuant to a bankruptcy order made under the repealed Act (including the repealed Act as applied by subsection (1)), as if paragraph ( a ) of subsection (1) of that section were substituted with the following paragraph: “( a ) all moneys and property which have come to the bankrupt’s hands for the bankrupt’s own use during such period as the Official Assignee may specify, including a statement of specified particulars of the bankrupt’s current employment status and employment history if the Official Assignee so directs; and”; ( c ) section 129 of the repealed Act as in force immediately before 30 July 2020 applies to or in relation to a bankrupt who is a bankrupt pursuant to a bankruptcy order made under the repealed Act (including the repealed Act as applied by subsection (1)), as if paragraphs ( b ) and ( c ) of subsection (1) of that section were substituted with the following paragraphs: “( b ) deliver to the Official Assignee all books, records, documents, writings and papers, including (without restricting the generality of the foregoing) any documents or deeds of title, insurance policies and tax records and returns and copies thereof in any way relating to his property, affairs, current employment status and employment history; ( c ) at such time and place as may be fixed by the Official Assignee, attend before the Official Assignee and answer such questions as the Official Assignee may put to him with respect to his affairs, dealings, property, current employment status and employment history and the causes of his failure;”; ( d ) section 163(1) and (1A) of the repealed Act as in force immediately before 30 July 2020 applies to the Official Assignee in relation to every undischarged bankrupt who is a bankrupt pursuant to a bankruptcy order made under the repealed Act (including the repealed Act as applied by subsection (1)), subject to the following modifications: (i) the following paragraph appears after paragraph ( d ) of section 163(1) of the repealed Act as in force immediately before 30 July 2020: “( da ) a record of the particulars of the employment status and employment history of every undischarged bankrupt, as provided to the Official Assignee under section 81(3)( a )(iv) or (4)( c ), 82(1)( a ) or 129(1)( b ) or ( c );”; (ii) the reference in subsection (1A) of section 163 of the repealed Act as in force immediately before 30 July 2020 to subsection (1)( a ) to ( e ) of that section includes a reference to subsection (1)( da ) of that section; and ( e ) section 412(1)( d ) and (3) applies to or in relation to an undischarged bankrupt who is a bankrupt pursuant to a bankruptcy order made under the repealed Act (including the repealed Act as applied by subsection (1)). [Act 1 of 2023 wef 01/11/2023]


document_id: irda-2018
provision_ref: s526
chapter: PART 25 - SAVING AND TRANSITIONAL PROVISIONS
section: 526
title: Saving and transitional provisions relating to amendments to Companies Act
content:
526. —(1) Parts 3 to 12 and 22 do not apply to or in relation to the following, and despite section 451, the Companies Act 1967 as in force immediately before 30 July 2020 continues to apply to or in relation to the following, as if Parts 3 to 12 and 22 and section 451 had not been enacted: ( a ) any application made before 30 July 2020 under section 210(1) or 211I of the Companies Act 1967 for the approval of the Court in relation to any compromise or arrangement; ( b ) any application for an order under section 211B of the Companies Act 1967 made before 30 July 2020; ( c ) any order for a winding up of a company made under section 216(2)( f ) of the Companies Act 1967 before 30 July 2020; ( d ) any appointment made before 30 July 2020 of a receiver or manager of the property of a company or of the property in Singapore of any other corporation; ( e ) any application made before 30 July 2020 for a judicial management order under section 227B(1) of the Companies Act 1967; ( f ) any application made before 30 July 2020 for the winding up of a company under section 253 of the Companies Act 1967; ( g ) any application made before 30 July 2020 for the winding up of an unregistered company under section 351 of the Companies Act 1967; ( h ) any voluntary winding up that commences within the meaning of section 291(6) of the Companies Act 1967 before 30 July 2020; ( i ) any liquidation or dissolution of a foreign company in its place of incorporation or origin in respect of which a notice under section 377(2)( a ) of the Companies Act 1967 was lodged before 30 July 2020; ( j ) any application made before 30 July 2020 for recognition of a foreign proceeding under Article 15(1) of the Tenth Schedule to the Companies Act 1967. (2) For the purposes of subsection (1) — ( a ) any person who was an approved liquidator immediately before 30 July 2020 by virtue of section 9(1) or (2) of the Companies Act 1967 as in force immediately before that date continues as an approved liquidator despite section 451(3) of this Act, and section 9 of the Companies Act 1967 as in force immediately before that date continues to apply to such person as if section 451(3) of this Act had not been enacted; and ( b ) any reference in the Companies Act 1967, as in force immediately before 30 July 2020, to “Official Receiver” is to be read as a reference to the Official Receiver appointed under section 17(1) of this Act. (3) Section 237 does not apply to any default in the keeping of proper books of account by a company where any part of the period mentioned in that section, for which proper books of account are not kept by the company, falls before 30 July 2020, and despite section 451(29) and (41), section 339 of the Companies Act 1967 as in force immediately before that date continues to apply to and in relation to such default as if sections 237 and 451(29) and (41) of this Act had not been enacted. (4) Despite section 451(29), the Companies Liquidation Account mentioned in section 322 of the Companies Act 1967 as in force immediately before 30 July 2020 continues and is deemed to be the Companies Liquidation Account mentioned in section 197 of this Act. (5) Any application for an order under section 343 of the Companies Act 1967 made before 30 July 2020 is deemed to be an application made under section 208 of this Act. (6) Any outstanding property, of a company that is dissolved, that is vested in the Official Receiver under section 346 of the Companies Act 1967 as in force immediately before 30 July 2020 is deemed to be vested in the Official Receiver under section 213 of this Act. (7) Section 440 does not apply to or in relation to a company in respect of which proceedings mentioned in that section are commenced before 30 July 2020.


document_id: irda-2018
provision_ref: s527
chapter: PART 25 - SAVING AND TRANSITIONAL PROVISIONS
section: 527
title: Other saving and transitional provisions
content:
527. —(1) Despite anything in this Act, a person who is a qualified person may undertake the relevant work corresponding to the person’s qualification — ( a ) for a period of 6 months after 30 July 2020; and ( b ) if, within the period in paragraph ( a ), the person applies for a licence under section 51, until the earlier of the following: (i) the date on which the licensing officer grants the licence to the person; (ii) the date on which the application is finally refused or withdrawn. (2) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. (3) In this section — “qualified person” means — ( a ) a person (each called in this subsection an approved liquidator) — (i) belonging to a class of persons declared, under section 9(1) of the Companies Act 1967 as in force immediately before 30 July 2020, to be approved liquidators; or (ii) who is approved as a liquidator under section 9(2) of the Companies Act 1967 as in force immediately before that date; ( b ) a public accountant; or ( c ) a solicitor; “relevant work” means — ( a ) in relation to a qualified person who is an approved liquidator, acting as a liquidator or provisional liquidator, or as a receiver or manager, under this Act; ( b ) in relation to a qualified person who is a public accountant, acting as a judicial manager or interim judicial manager, a trustee of a bankrupt’s estate or a nominee under a voluntary arrangement, under this Act; or ( c ) in relation to a qualified person who is a solicitor, acting as a trustee of a bankrupt’s estate or a nominee under a voluntary arrangement, under this Act.


document_id: isa-1960
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “advisory board” means an advisory board constituted as mentioned in Article 151(2) of the Constitution; “ammunition” means ammunition for any firearm as hereafter defined and includes grenades, bombs and other like missiles whether capable of use with such a firearm or not and any ammunition containing or designed or adapted to contain any noxious liquid, gas or other thing; “Commissioner of Police” includes the Deputy Commissioner of Police and any gazetted police officer for the time being lawfully authorised to exercise the powers and perform the duties conferred or imposed upon the Commissioner of Police by this Act; “controlled area” means any area declared to be a controlled area under section 50; “danger area” means any area declared to be a danger area under section 49; “document” includes any substance on which is recorded any matter, whether by letters, figures, marks, pictorial or other representation, or by more than one of these means; “entertainment” means any game, sport, diversion, concert or amusement of any kind to which the public has or is intended to have access and in which members of the public may or may not take part, whether on payment or otherwise; “exhibition” includes every display of goods, books, pictures, films or articles to which the public has or is intended to have access, whether on payment or otherwise; “explosive” — ( a ) means gunpowder, nitroglycerine, dynamite gun‑cotton, blasting powder, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those abovementioned or not, used or manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect; ( b ) includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as above defined; ( c ) includes an explosive within the meaning of the Guns, Explosives and Weapons Control Act 2021; and [Act 3 of 2021 wef 01/07/2025] ( d ) includes any material for making any explosive and any apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive, and any part of any such apparatus, machine or implement; “firearm” means any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet or other missile and any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing, and includes any component part of any such weapon as aforesaid; “Minister” means the Minister charged with the responsibility for internal security; “offence under this Act” includes an offence under any regulations made under section 72; “officer in charge of a division” means any police officer appointed as such and, when any officer so appointed is unable through absence, illness or otherwise to perform his duties, means the police officer designated, under the authority of the Commissioner of Police, to act for him; “periodical publication” includes every publication issued periodically or in parts or numbers at intervals, whether regular or irregular; “police officer” includes an auxiliary police officer and a special police officer appointed in accordance with any written law for the time being in force; “promoter”, in the case of an entertainment or exhibition promoted by a society, includes the secretary and officials of such society and, in the case of a society organised or having its headquarters outside Singapore, the officials in Singapore of such society; “proprietor” includes the owner, tenant or other person in possession or control of premises and any person who receives payment for the use of premises; “protected place” means any place or premises in relation to which an order made under section 51 is in force; “publication” includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof; “public place” includes any highway, public street, public road, public park or garden, any sea beach, waterway, public bridge, lane, footway, square, court, alley or passage, whether a thoroughfare or not, any unalienated land, any rubber estate, any plantation, any land alienated for agricultural or mining purposes, any theatre or place of public entertainment of any kind or other place of general resort admission to which is obtained by payment or to which the public has access, and any open space to which for the time being the public has or is permitted to have access, whether on payment or otherwise; “public road” means any public highway or any road over which the public has a right of way or is granted access, and includes every road, street, bridge, passage, footway or square over which the public has a right of way or is granted access; “security area” means any area in respect of which a proclamation under section 48 is for the time being in force; “security forces” includes the Singapore Police Force, the Special Constabulary, the auxiliary police force, the Singapore Armed Forces, any local forces established under any written law in force in Singapore, and any force which is a visiting force for the purposes of Part 1 of the Visiting Forces Act 1960 and in respect of whom all or any of the powers exercisable by the Singapore Armed Forces or their members under this Act have been made exercisable by an order made under any such law; “supplies” includes ammunition, explosives, firearms, money, food, drink, clothing, medicines, drugs or any other stores, instruments, commodities, articles or things whatsoever; “terrorist” means any person who — ( a ) by the use of any firearm, explosive or ammunition acts in a manner prejudicial to the public safety or to the maintenance of public order or incites to violence or counsels disobedience to the law or to any lawful order; ( b ) carries or has in his possession or under his control any firearm, ammunition or explosive without lawful authority; or ( c ) demands, collects or receives any supplies for the use of any person who intends or is about to act, or has recently acted, in a manner prejudicial to public safety or the maintenance of public order.


document_id: isa-1960
provision_ref: s3
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 3
title: Prohibition of uniforms of political or quasi-military organisations
content:
3. The Minister may from time to time by order prohibit the wearing in public places or at meetings or gatherings to which the public or any section of the public has access, of — ( a ) any uniform or dress which signifies association with any political organisation or with the promotion of any political object; or ( b ) any uniform, dress or emblem by members or adherents of any organisation or association specified or described in the order, whether incorporated or not when, in the opinion of the Minister, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed — (i) in usurping the functions of the police or of the Singapore Armed Forces; or (ii) for the use or display of physical force in promoting any political or other object or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose.


document_id: isa-1960
provision_ref: s4
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 4
title: Penalty
content:
4. Every person who wears any prohibited uniform, dress or emblem in contravention of an order made under section 3 shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both.


document_id: isa-1960
provision_ref: s5
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 5
title: Prohibition of quasi-military organisations
content:
5. —(1) If the members or adherents of any association of persons, whether incorporated or not, are — ( a ) organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Singapore Armed Forces; or ( b ) organised or trained or equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political or other object, or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose, then any member or adherent of such association shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both; and any person who promotes or conspires with another to promote, or who takes part in the control or management of, the association, or in so organising or training as aforesaid any member or adherent thereof, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both: Provided that in any proceedings against any person charged with the offence of taking part in the control or management of such an association as aforesaid it shall be a defence to that charge to prove that he neither consented to nor connived at the organisation, training or equipment of any member or adherent of the association in contravention of this section. (2) No prosecution for any offence under this section shall be instituted except with the consent of the Public Prosecutor. (3) If upon application being made by or on behalf of the Public Prosecutor it appears to the General Division of the High Court that any association is an association of which members or adherents are organised, trained or equipped in contravention of this section, the General Division of the High Court may — ( a ) make such order as appears necessary to prevent any disposition without the permission of the General Division of the High Court of property held by or for the association; [Act 25 of 2021 wef 01/04/2022] ( b ) direct an inquiry and report to be made as to any such property as aforesaid and as to the affairs of the association; ( c ) make such further order as appears to the General Division of the High Court to be just and equitable for the application of such property in or towards the discharge of the liabilities of the association lawfully incurred before the date of the application or, with the approval of the General Division of the High Court, since that date in or towards the repayment of moneys to persons who became subscribers or contributors to the association in good faith and without knowledge of any such contravention as aforesaid, and in or towards any costs incurred in connection with any such inquiry and report as aforesaid or in winding up or dissolving the association; and ( d ) order that any property which is not directed by the General Division of the High Court to be so applied as aforesaid shall be forfeited to the Government. [40/2019] (4) In any criminal or civil proceedings under this section proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the control or management of an association or in organising, training or equipping members or adherents of an association shall be admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association were organised or trained or equipped. (5) If a Magistrate or the Commissioner of Police is satisfied by information that there is reasonable ground for suspecting that an offence under this section has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may, on an application made by a police officer not below the rank of sergeant, grant a search warrant authorising any such officer with or without assistance to enter the premises or place at any time within one month from the date of the warrant, if necessary by force, and to search the premises or place and every person found therein, and to seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence as aforesaid. (6) No woman shall, in pursuance of any warrant issued under subsection (5), be searched except by a woman. (7) Nothing in this section shall be construed as prohibiting the employment of a reasonable number of persons as stewards at any public meeting held upon private premises with the permission of the owner of those premises, or the making of arrangements for that purpose or the instruction of the persons to be so employed in their lawful duties as such stewards, or their being furnished with badges or other distinguishing signs.


document_id: isa-1960
provision_ref: s6
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 6
title: Illegal drilling
content:
6. —(1) Any person other than a member of the Singapore Armed Forces or the police or of a volunteer force or local force constituted under any written law in force in Singapore, or of any other force which is a visiting force for the purposes of Part 1 of the Visiting Forces Act 1960 or of any organisation or association specially exempted by the Minister, who — ( a ) is present at or attends any meeting or assembly of persons for the purpose of training or drilling themselves in the use of arms or of being so trained or drilled, or for the purpose of practising military exercises, movements or evolutions; or ( b ) is present at or attends any such meeting or assembly for the purpose of training or drilling any other person or persons in the use of arms or the practice of military exercises, movements or evolutions, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both. (2) Any person, other than a member of the Singapore Armed Forces or the police or of a volunteer force or local force constituted under any written law in force in Singapore, or of any other force lawfully present in Singapore under any law for the time being in force relating to visiting forces or of any organisation or association specially exempted by the Minister, who — ( a ) trains or drills any other person in the use of arms or the practice of military exercises, movements or evolutions; or ( b ) takes part in the control or management of any association or organisation whose members are trained or drilled in the practice of military exercises, movements or evolutions, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.


document_id: isa-1960
provision_ref: s7
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 7
title: Prohibition of uniforms, emblems, etc.
content:
7. —(1) The Minister may, if he considers it in the national interest to do so, by order prohibit the manufacture, sale, use, wearing, display or possession of any flag, banner, badge, emblem, device, uniform or distinctive dress or any part thereof. (2) Any person contravening any provision of an order made under this section shall be guilty of an offence under this Part. (3) Any article in respect of which an offence has been committed under this section may be seized and destroyed or otherwise dealt with as the Minister may direct, whether or not the identity of the offender is known and whether or not any prosecution has been commenced in respect of the offence. Chapter 2 — Powers of preventive detention


document_id: isa-1960
provision_ref: s8
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 8
title: Power to order detention
content:
8. —(1) If the President is satisfied with respect to any person that, with a view to preventing that person from acting in any manner prejudicial to the security of Singapore or any part thereof or to the maintenance of public order or essential services therein, it is necessary to do so, the Minister shall make an order — ( a ) directing that such person be detained for any period not exceeding 2 years; or ( b ) for all or any of the following purposes: (i) for imposing upon that person such restrictions as may be specified in the order in respect of his activities and the places of his residence and employment; (ii) for prohibiting him from being out of doors between such hours as may be specified in the order, except under the authority of a written permit granted by such authority or person as may be so specified; (iii) for requiring him to notify his movements in such manner at such times and to such authority or person as may be specified in the order; (iv) for prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organisation or association, or from taking part in any political activities; (v) for prohibiting him from travelling beyond the limits of Singapore or any part thereof specified in the order except in accordance with permission given to him by such authority or person as may be specified in such order, and any order made under paragraph ( b ) shall be for such period, not exceeding 2 years, as may be specified therein, and may by such order be required to be supported by a bond. (2) The President may direct that the period of any order made under subsection (1) be extended for a further period or periods not exceeding 2 years at a time. (3) For the purposes of subsection (1), “essential services” means any service, business, trade, undertaking, manufacture or calling included in the Third Schedule. (4) Every person detained in pursuance of an order made under subsection (1)( a ) or of a direction given under subsection (2) shall be detained in such place as the Minister may direct (hereinafter referred to as a place of detention) and in accordance with instructions issued by the Minister and any rules made under subsection (5). (5) The Minister may by rules provide for the maintenance and management of any place of detention and for the discipline of persons detained therein.


document_id: isa-1960
provision_ref: s8A
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 8A
title: Interpretation
content:
8A. In this Part, “judicial review” includes proceedings instituted by way of — ( a ) an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; ( b ) an application for a declaration or an injunction; ( c ) an Order for Review of Detention; and ( d ) any other suit or action relating to or arising out of any decision made or act done in pursuance of any power conferred upon the President or the Minister by any provision of this Act. [2/1989; 42/2005]


document_id: isa-1960
provision_ref: s8B
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 8B
title: Law applicable to judicial review
content:
8B. —(1) Subject to the provisions of subsection (2), the law governing the judicial review of any decision made or act done in pursuance of any power conferred upon the President or the Minister by the provisions of this Act shall be the same as was applicable and declared in Singapore on 13 July 1971; and no part of the law before, on or after that date of any other country in the Commonwealth relating to judicial review shall apply. [2/1989] (2) There shall be no judicial review in any court of any act done or decision made by the President or the Minister under the provisions of this Act save in regard to any question relating to compliance with any procedural requirement of this Act governing such act or decision. [2/1989] No appeals to Privy Council 8C. [ Repealed by Act 2 of 1994 ]


document_id: isa-1960
provision_ref: s8D
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 8D
title: Commencement provision
content:
8D. Sections 8A and 8B shall apply to any proceedings instituted by way of judicial review of any decision made or act done under the provisions of this Act, whether such proceedings have been instituted before or after 30 January 1989. [2/1989; 2/1994]


document_id: isa-1960
provision_ref: s9
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 9
title: Duty to inform person detained of grounds of detention, etc.
content:
9. Whenever any person is detained under any order made under section 8(1)( a ) he shall, in accordance with Article 151 of the Constitution, as soon as possible — ( a ) be informed of the grounds of his detention; ( b ) subject to clause (3) of that Article (which provides that no authority may be required to disclose facts whose disclosure would in its opinion be against the national interest) be informed of the allegations of fact on which the order is based; and ( c ) be given the opportunity of making representations against the order as soon as possible.


document_id: isa-1960
provision_ref: s10
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 10
title: Detention order may be suspended
content:
10. At any time after an order has been made in respect of any person under section 8(1)( a ) the Minister may direct that the operation of such order be suspended subject to the execution of a bond and to such conditions — ( a ) imposing upon that person such restrictions as may be specified in the direction in respect of his activities and the places of his residence and employment; ( b ) prohibiting him from being out of doors between such hours as may be so specified, except under the authority of a written permit granted by such authority or person as may be so specified; ( c ) requiring him to notify his movements in such manner, at such times and to such authority or person as may be so specified; ( d ) prohibiting him from travelling beyond the limits of Singapore or any part thereof specified in the direction except in accordance with permission given to him by such authority or person as may be so specified; ( e ) prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organisation or association, or from taking part in any political activities; ( f ) permitting him to return to the country to which he belongs or to any other place to which he wishes to proceed provided that the government of such place consents to receive him, as the Minister sees fit; and the Minister may revoke any such direction if he is satisfied that the person against whom the order was made has failed to observe any condition so imposed or that it is necessary in the public interest that such direction should be revoked.


document_id: isa-1960
provision_ref: s11
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 11
title: Representations against detention order
content:
11. —(1) A copy of every order made by the Minister under section 8(1)( a ) shall as soon as possible after the making thereof be served on the person to whom it relates, and every such person shall be entitled to make representations against the order to an advisory board. (2) For the purpose of enabling a person to make representations under subsection (1) he shall, within 14 days of the service on him of the order — ( a ) be informed of his right to make representations to an advisory board under subsection (1); and ( b ) be furnished by the Minister with a statement in writing — (i) of the grounds on which the order is made; (ii) of the allegations of fact on which the order is based; and (iii) of such other particulars, if any, as he may in the opinion of the Minister reasonably require in order to make his representations against the order to the advisory board. (3) The President may make rules as to the manner in which representations may be made under this section and for regulating the procedure of advisory boards.


document_id: isa-1960
provision_ref: s12
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 12
title: Report of advisory board
content:
12. —(1) Whenever any person has made any representations under section 11(1) to an advisory board, the advisory board shall, within 3 months of the date on which such person was detained, consider such representations and make recommendations thereon to the President. (2) Upon considering the recommendations of the advisory board under this section the President may give the Minister such directions, if any, as he thinks fit regarding the order made by the Minister; and every decision of the President thereon shall, subject to section 13, be final and shall not be called in question in any court.


document_id: isa-1960
provision_ref: s13
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 13
title: Review
content:
13. —(1) Every order or direction made or given by the Minister under section 8 or 10 (including any order extended by direction of the President under section 8(2)) shall, so long as it remains in force, be reviewed by an advisory board at intervals of not more than 12 months, and the first of such reviews shall take place — ( a ) in the case of a person who is detained in a place of detention, not more than 12 months from the date on which his representations against the order were considered by an advisory board under section 12(1) or, where no such representations have been made, not more than 15 months from the date on which that person was detained in pursuance of the order; ( b ) in the case of a person who is not detained in a place of detention, where the order has been made under section 8(1), not more than 12 months from the date on which the order was served upon that person; ( c ) in the case of a person who has been released from a place of detention in pursuance of a direction under section 10, not more than 12 months from the date of his release. (2) The advisory board shall on completing every review under subsection (1) forthwith submit to the Minister a written report of every such review, and may make therein such recommendations as it thinks fit.


document_id: isa-1960
provision_ref: s13A
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 13A
title: Presidential concurrence
content:
13A. Where any advisory board recommends the release of any person under section 12 or 13, the person shall not be detained or further detained without the President’s concurrence under Article 151(4) of the Constitution. [11/1991]


document_id: isa-1960
provision_ref: s14
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 14
title: Power to summon witnesses
content:
14. Every advisory board shall, for the purposes of this Act, but subject to section 16, have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production of documents.


document_id: isa-1960
provision_ref: s15
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 15
title: Member of advisory board deemed to be public servant
content:
15. Every member of an advisory board shall be deemed to be a public servant within the meaning of the Penal Code 1871, and shall have in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty under the provisions of this Chapter the like protection and privileges as are by law given to a Judge in the execution of his office.


document_id: isa-1960
provision_ref: s16
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 16
title: Disclosure of information
content:
16. Nothing in this Chapter or in any rules made thereunder shall require the Minister or any member of an advisory board or any public servant to disclose facts or to produce documents whose disclosure or production he considers to be against the national interest.


document_id: isa-1960
provision_ref: s17
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 17
title: Power to order removal
content:
17. —(1) The Minister may by order direct the removal from any place of detention to another place of detention to be specified in such order of any person detained in pursuance of the provisions of this Chapter. (2) Any person in course of removal under subsection (1) shall be deemed to be in lawful custody.


document_id: isa-1960
provision_ref: s18
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 18
title: Power to order production of detained person
content:
18. —(1) On proof to his satisfaction that the presence at any place of any person detained under the provisions of this Chapter, or lawfully in the custody of the police or confined in any prison whether in pursuance of the provisions of this Chapter or under an order of any court or otherwise howsoever, and notwithstanding any order of any court or other authority whatsoever, is required in the interests of justice, or for the purpose of any public or other inquiry, or in the national interest, or in the interests of the person detained, in custody or confined, the Minister may order that such person be taken to that place. (2) Any person in course of being taken to any place in pursuance of subsection (1) and while at such place shall be kept in such custody as the Minister may direct and while in that custody shall be deemed to be in lawful custody.


document_id: isa-1960
provision_ref: s19
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 19
title: Saving in respect of prosecution of persons detained
content:
19. The detention of any person under this Chapter shall be without prejudice to the taking of any criminal proceedings against such person, whether during or after the period of his detention. Chapter 3 — Special powers relating to
subversive publications, etc.


document_id: isa-1960
provision_ref: s20
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 20
title: Prohibition of printing, sale, etc., of documents and publications
content:
20. —(1) Where it appears to the Minister charged with the responsibility for printing presses and publications that any document or publication — ( a ) contains any incitement to violence; ( b ) counsels disobedience to the law or to any lawful order; ( c ) is calculated or likely to lead to a breach of the peace, or to promote feelings of hostility between different races or classes of the population; or ( d ) is prejudicial to the national interest, public order or security of Singapore, he may by order published in the Gazette prohibit either absolutely or subject to such conditions as may be prescribed therein the printing, publication, sale, issue, circulation or possession of such document or publication. (2) An order under subsection (1) may, if the order so provides, be extended so as — ( a ) in the case of a periodical publication, to prohibit the publication, sale, issue, circulation, possession or importation of any past or future issue thereof; ( b ) in the case of a publication which has or appears or purports to have issued from a specified publishing house, agency or other source, to prohibit the publication, sale, issue, circulation or importation of any other publication which may at any time whether before or after the date of the order have or appear or purport to have issued from such specified publishing house, agency or other source.


document_id: isa-1960
provision_ref: s21
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 21
title: Objections against orders under section 20
content:
21. The proprietor or agent in Singapore of the proprietor of any publication which is the subject of an order made under section 20 may, within one month of the date of publication of the order in the Gazette , make an objection against the order to the President, whose decision shall be final and shall not be called in question in any court.


document_id: isa-1960
provision_ref: s22
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 22
title: Printing, publishing, etc., in contravention of order under section 20
content:
22. Any person who prints, publishes, sells, issues, circulates or reproduces a document or publication which is the subject of an order under section 20, or any extract therefrom, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both: Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court that the document or publication in respect of which he is charged was printed, published, sold, issued, circulated or reproduced, as the case may be, without his authority, consent and knowledge, and without any want of due care or caution on his part, and that he did not know and had no reason to suspect the nature of the document or publication.


document_id: isa-1960
provision_ref: s23
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 23
title: Possession of documents, etc., in contravention of order under section 20
content:
23. —(1) Any person who without lawful excuse has in his possession any document or publication the possession of which is prohibited by an order under section 20, or any extract therefrom, shall be guilty of an offence under this Part and shall be liable in respect of a first offence under this section to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both and, in respect of a subsequent offence to imprisonment for a term not exceeding 2 years. (2) In any proceedings against any person for an offence under this section such person shall be presumed, until the contrary is proved, to have known the contents and the nature of the contents of any document or publication immediately after the document or publication came into his possession.


document_id: isa-1960
provision_ref: s24
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 24
title: Importation in contravention of order under section 20
content:
24. Any person who imports or attempts to import or abets the importation of any document or publication or without lawful excuse has in his possession any document or publication imported in contravention of an order under section 20 shall be guilty of an offence under this Part and shall be liable in respect of a first offence under this section to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 2 years or to both and, in respect of a subsequent offence to imprisonment for a term not exceeding 3 years.


document_id: isa-1960
provision_ref: s25
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 25
title: Posting of placards, etc.
content:
25. Any person who posts or distributes any placard, circular or other document containing any incitement to violence, or counselling disobedience to the law or to any lawful order, or likely to lead to any breach of the peace, shall be guilty of an offence under this Part.


document_id: isa-1960
provision_ref: s26
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 26
title: Dissemination of false reports
content:
26. Any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular or other printed publication or by any other means spreads false reports or makes false statements likely to cause public alarm, shall be guilty of an offence under this Part.


document_id: isa-1960
provision_ref: s27
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 27
title: Possession of subversive documents
content:
27. —(1) Any person who without lawful excuse carries or has in his possession or under his control any subversive document shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. (2) Any person or any office bearer of any association or any responsible member or agent of any organisation who receives any subversive document shall deliver the same without delay to a police officer; and any person, office bearer, member or agent who fails to do so, or who, unless authorised to do so by a police officer not below the rank of superintendent of police, communicates to any other person, or publishes or causes to be published the contents of any such document, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. (3) In this section, “subversive document” means any document having in part or in whole a tendency — ( a ) to excite organised violence against persons or property in Singapore; ( b ) to support, propagate or advocate any act prejudicial to the security of Singapore or the maintenance or restoration of public order therein or inciting to violence therein or counselling disobedience to the law thereof or to any lawful order therein; or ( c ) to invite, request or demand support for or on account of any collection, subscription, contribution or donation, whether in money or in kind, for the direct or indirect benefit or use of persons who intend to act or are about to act, or have acted, in a manner prejudicial to the security of Singapore or to the maintenance of public order therein, or who incite to violence therein or counsel disobedience to the law thereof or any lawful order therein. (4) Every document purporting to be a subversive document shall be presumed to be a subversive document until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a subversive document he shall be deemed to have known the contents and the nature of the contents of such document: Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court — ( a ) that he was not aware of the contents and the nature of the contents of the subversive document which he was carrying or had in his possession or under his control; and ( b ) that he was carrying or had the subversive document in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that such document was a subversive document.


document_id: isa-1960
provision_ref: s28
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 28
title: Powers of search and seizure of documents
content:
28. —(1) Any police officer may, without warrant and with or without assistance — ( a ) enter and search any premises; ( b ) stop and search any vehicle, vessel, train, aircraft or individual, whether in a public place or not, if he suspects that any document, publication, material or article being evidence of the commission of an offence under this Chapter is likely to be found in such vehicle, vessel, train, aircraft or on such individual, and may seize any document, publication, material or article so found. (2) Any document, publication, material or article seized under subsection (1) shall be destroyed or otherwise disposed of in such manner as the Commissioner of Police may order. (3) The Commissioner of Police shall, on making an order under subsection (2), if he has reason to believe that the owner, or person who was in possession immediately before such document, publication, material or article was seized, is in Singapore, cause a notice to be served on that person informing him of the terms of the order. (4) Any person aggrieved by an order made under subsection (2) may appeal against the order to the Minister: Provided that no appeal against the order shall be allowed unless notice of appeal in writing, together with the reasons for the appeal, is given to the Commissioner of Police and to the Minister within 14 days of service of notice of the order under subsection (3). (5) Where an order has been made under subsection (2) it shall only be carried into effect if the order has not been appealed against or if any appeal against the order has been dismissed or abandoned. (6) No woman shall be searched under this section except by a woman.


document_id: isa-1960
provision_ref: s29
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 29
title: Disposal of subversive documents, etc.
content:
29. —(1) Where proceedings are taken in respect of any offence under this Chapter the court by or before which the alleged offender is tried shall, on the request of any police officer not below the rank of assistant superintendent of police, on the final determination of those proceedings order that any document, publication, material or article being an exhibit in such proceedings be delivered to such officer for disposal under section 28(2). (2) For the purpose of this section, any proceedings shall not be deemed to have been finally determined so long as there is pending any appeal in the matter of the proceedings; and an appeal in the matter shall be deemed to be pending during the ordinary time within which such an appeal may be lodged, and if such an appeal is duly lodged the appeal shall be deemed to be pending until it is decided or withdrawn. Chapter 4 — Control of entertainments and exhibitions


document_id: isa-1960
provision_ref: s30
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 30
title: Power to require information
content:
30. —(1) The promoter and every person concerned in the promotion of any entertainment or exhibition and the proprietor of any premises upon which any such entertainment or exhibition is held or is intended to be held shall upon the order in writing of the Minister or of any officer authorised by the Minister in that behalf furnish to the Minister or that officer such information as he may specify relating to the following matters: ( a ) particulars of persons concerned in the promotion of the entertainment or exhibition and the interests represented by those persons; ( b ) particulars of the persons who have agreed to participate or participated in the entertainment or exhibition or have been invited to do so and the interests represented by those persons; ( c ) the purposes to which any profits from the entertainment or exhibition are intended to be or have been applied; and ( d ) such other matters as the Minister may direct. (2) Any person furnishing as true information required under subsection (1) which he knows or has reason to believe to be false or incomplete shall be guilty of an offence under section 39. (3) In the event of any entertainment or exhibition in respect of which information has been furnished under subsection (1) being conducted in any manner contrary to the information so furnished the person by whom the information was furnished shall be guilty of an offence under section 39.


document_id: isa-1960
provision_ref: s31
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 31
title: Power to impose conditions
content:
31. —(1) The Minister may, if he is satisfied that it is necessary to do so in order to ensure that any entertainment or exhibition shall not be an entertainment or exhibition to which section 33 would apply, by order in writing require the promoter and every person concerned in the promotion of the entertainment or exhibition and the proprietor of any premises upon which any such entertainment or exhibition is held or is intended to be held to observe such conditions relating to the holding of such entertainment or exhibition as he may specify. (2) Every person who commits any breach of or fails to comply with any conditions imposed under subsection (1) shall be guilty of an offence under section 39: Provided that no person shall be convicted of an offence under this section if he proves that the breach of or failure to comply with the conditions in respect of which he is charged was done without his authority, consent and knowledge, and without any want of due care or caution on his part. (3) The Minister may, if in any particular case he thinks it necessary, require any person in respect of whom an order under subsection (1) has been made to enter into a bond, with or without sureties, in such sum as the Minister may direct, that the conditions contained in such order shall be observed.


document_id: isa-1960
provision_ref: s32
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 32
title: Promoter, etc., to be in attendance at entertainment or exhibition
content:
32. —(1) The promoter and every person concerned in the promotion of any entertainment or exhibition which is the subject of an order under section 31 and the proprietor of any premises upon which any such entertainment or exhibition is held shall severally, and either personally or by a duly authorised agent approved in that behalf by a police officer not below the rank of inspector, be present throughout the period of every performance or display of every such entertainment or exhibition. (2) The Minister may by writing exempt any person either absolutely or subject to such conditions as the Minister may prescribe from subsection (1).


document_id: isa-1960
provision_ref: s33
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 33
title: Power to prohibit certain entertainments or exhibitions
content:
33. —(1) The Minister may by order prohibit the holding of or may direct the closing of any entertainment or exhibition — ( a ) if he is satisfied that such entertainment or exhibition is or is likely to be in any way detrimental to the national interest; ( b ) if there has been in respect of such entertainment or exhibition any refusal of or failure to furnish any information required to be furnished under section 30, or if any information so furnished is false or incomplete; or ( c ) if there has been in respect of such entertainment or exhibition any breach of or failure to comply with any conditions imposed under section 31. (2) The promoter and every person concerned in the promotion of any entertainment or exhibition which is held or continued in contravention of an order under subsection (1) and the proprietor of any premises upon which such exhibition is held shall be guilty of an offence under section 39: Provided that no person shall be convicted of an offence under this section if he proves that the entertainment or exhibition in respect of which he is charged was promoted or continued without his authority, consent and knowledge and without any want of due care or caution on his part.


document_id: isa-1960
provision_ref: s34
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 34
title: Powers of entry and investigation
content:
34. —(1) Any police officer or any person authorised by the Minister in writing in that behalf may without warrant enter any premises upon which any entertainment or exhibition is being held or is intended to be held with a view to ascertaining whether the provisions of this Chapter or of any order made thereunder are being complied with, and may make such investigation and inspection of such premises and call upon any person to produce such articles, books, accounts, tickets or other documents or things and to furnish any information as such officer or person may consider necessary for such purpose: Provided that any person not in uniform purporting to exercise any powers under this subsection shall on demand produce his written authority to exercise such powers to any person lawfully demanding the written authority. (2) Any person who — ( a ) obstructs any officer or authorised person lawfully exercising any powers conferred on him by or under subsection (1) in entering or inspecting any premises or delays in producing any articles, books, accounts or other documents or things which he has been called upon by such officer or authorised person to produce and which are or ought to be in the ordinary course of business in his power to produce; ( b ) refuses to furnish any information which he may be required to furnish by such officer or authorised person or who, being required to furnish information by such officer or authorised person, furnishes false or misleading information; or ( c ) obstructs the seizure of any document or other thing under section 36, or the closure of any entertainment or exhibition under section 37, shall be guilty of an offence under section 39.


document_id: isa-1960
provision_ref: s35
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 35
title: Search
content:
35. —(1) Any officer or person authorised to exercise the powers of entry or investigation under section 34 may without warrant and with or without assistance enter any premises if he considers it to be necessary and has reason to believe that an offence under this Chapter or any order made thereunder has been committed and may search such place and any person whom he reasonably believes to be concerned in the management or promotion of any entertainment or exhibition or to be an agent or employee of the promoter or of the proprietor of those premises. (2) No woman shall be searched under this section except by a woman.


document_id: isa-1960
provision_ref: s36
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 36
title: Powers of seizure
content:
36. Any officer or person authorised to exercise the powers of entry or investigation under section 34 may seize any document or other thing in respect of which he reasonably believes an offence to have been committed under this Chapter or any order made thereunder or which he reasonably believes to be or to contain evidence relating to such an offence: Provided that nothing in this section shall be deemed to affect the powers of a police officer under the Criminal Procedure Code 2010.


document_id: isa-1960
provision_ref: s37
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 37
title: Powers of closure
content:
37. Any officer or person authorised to exercise the powers of entry or investigation under section 34 may, without prejudice to the exercise of the powers conferred on him by that section, forthwith take such steps as he may consider necessary to close any entertainment or exhibition which he is satisfied is kept open in contravention of any order made under section 31 or 33.


document_id: isa-1960
provision_ref: s38
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 38
title: Liability of principal for acts of employee
content:
38. For the purposes of this Chapter and any orders made thereunder every person shall be liable for every act, omission, neglect or default of any agent or employee employed by him, as fully and effectually as if such act, omission, neglect or default were done or committed by such person; but so that nothing in this section shall affect the liability of such agent or employee, and provided that the liability of a principal shall not extend to imprisonment unless he is privy to the offence.


document_id: isa-1960
provision_ref: s39
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 39
title: Abetment and penalty
content:
39. Any person who contravenes or fails to comply with any provision of this Chapter or any order made or any condition imposed thereunder, or abets such contravention or failure, shall be guilty of an offence under this Part 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. Chapter 5 — Other powers for the
prevention of subversion


document_id: isa-1960
provision_ref: s40
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 40
title: Powers relating to appointments
content:
40. —(1) Where any written law confers any power relating to any appointment upon any person, body or authority constituted under such law, the Minister may by order require that, before making any appointment, that person, body or authority shall submit to him — ( a ) a list of the names of the persons from whom such appointment will be made; and ( b ) such other information as may be specified in the order. (2) Such person, body or authority shall not appoint or recruit any person whose appointment is in the opinion of the Minister prejudicial to the interests of Singapore. (3) No person otherwise than in the course of his official duty shall disclose to any person any communication which he may have received from the Minister under subsection (2).


document_id: isa-1960
provision_ref: s41
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 41
title: Power to close schools or educational institutions
content:
41. —(1) The Minister, if he is satisfied at any time that a school or educational institution is being used — ( a ) for a purpose detrimental to the interests of Singapore or of the public; ( b ) for the purpose of instruction detrimental to the interests of the public or of the pupils; or ( c ) as a meeting-place of an unlawful society, and that the circumstances so require, may make an order closing such school or educational institution for such period, not exceeding 6 months at any one time, as may be specified in the order. (2) The board of managers or governors of any school or educational institution, aggrieved by any order made under subsection (1), may within one month of the date of the order make an objection against such order to the President whose decision shall be final and shall not be called in question in any court. (3) In this section — “school” means — ( a ) a place where 10 or more persons are or are habitually taught, whether in one or more classes; or ( b ) in the case of a correspondence school, the place or places where instruction is prepared or where answers are examined or corrected, but does not include any place where the teaching is of a purely religious character, or for a purely religious purpose; “educational institution” means any place (including a school) where, in the carrying on of the work of any organisation or institution, persons are or are habitually taught, whether in one or more classes, except that it does not include any place where the teaching is of a purely religious character or for purely religious purposes.


document_id: isa-1960
provision_ref: s42
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 42
title: Control of admission to institutions of higher education
content:
42. —(1) Notwithstanding anything in any other written law, no person shall, on or after 1 August 1964, be admitted as a student to any institution of higher education to which this section applies unless he holds a certificate of suitability for admission thereto issued to him in accordance with subsection (2): Provided that this subsection shall not apply to any person ordinarily resident outside Singapore whose admission to any such institution is recommended by any person or body designated for the purposes of this section by the Minister charged with the responsibility for education. (2) Any person requiring a certificate of suitability for admission to any institution of higher education shall apply therefor in writing to the Director of Education; and the Director of Education, after making such enquiries as he may consider appropriate, shall issue the certificate unless there appear to him to be reasonable grounds for believing that the applicant, if admitted to the institution in question, would be likely to promote, or otherwise participate in, action prejudicial to the interests or security of Singapore or any part thereof. (3) Any person whose application for a certificate under this section is refused may, at any time within the period of 28 days beginning with the date on which he is notified of the decision, appeal against it to the Minister; and on any such appeal, the Minister — ( a ) if he is satisfied of the existence of the grounds referred to in subsection (2), shall confirm the decision; ( b ) in any other case, shall direct the issue of a certificate. (4) The decision of the Minister on any appeal under subsection (3) shall be final and shall not be called in question in any court. (5) The institutions of higher education to which this section applies are as follows: ( a ) the National University of Singapore, the Singapore Polytechnic and the Ngee Ann Polytechnic; ( b ) any other institution of higher education which the Minister may designate for the purposes of this section by a notification in the Gazette , and references in this section to a person’s admission as a student to any such institution are references to his registration or enrolment for attendance at any course of study provided by the institution.


document_id: isa-1960
provision_ref: s43
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 43
title: Powers in relation to pupils, etc., visiting Singapore
content:
43. —(1) The Minister may from time to time by order in writing forbid, except in accordance with the written permission of the Commissioner of Police or any police officer not below the rank of superintendent of police authorised in writing in that behalf by the Commissioner of Police first obtained — ( a ) the pupils, students, teachers or members; ( b ) any class of pupils, students, teachers or members; or ( c ) any named pupil, student, teacher or member, of any school, college, educational institution or students’ union or association, as the case may be, specified in the order and situated or established outside Singapore to enter into or travel within Singapore as a group, or as one of a group of 5 or more such pupils, students, teachers or members, or, for the purpose of effecting as one of a group of such persons some common object within Singapore, otherwise to enter into or travel therein. (2) The Commissioner of Police or any police officer authorised in writing by him in accordance with subsection (1) may grant permission under subsection (1) subject to such conditions (if any) as he may think fit to impose, and he may further require as a condition precedent thereto that a pupil, student, teacher or member to whom he proposes to grant such permission or the parent of a pupil, student or member or such other person as he, the Commissioner of Police, or such authorised police officer thinks satisfactory, shall furnish such security by bond or otherwise as the Commissioner of Police or such authorised police officer may think sufficient to secure the due observance and fulfilment of the conditions imposed. (3) Where the Commissioner of Police has reason to believe — ( a ) that any person — (i) is a pupil, student, teacher or member affected by an order made under subsection (1); (ii) has entered Singapore from a place outside and has not since the date of such entry continuously remained in Singapore for a period exceeding 3 months; (iii) is not the holder of a valid identity card issued to him in Singapore in accordance with the provisions of any written law for the time being in force relating to identity cards and which bears an address within Singapore; and (iv) has contravened or intends to contravene the provisions of any such order; or ( b ) that any person having obtained written permission under subsection (1) has failed to observe any conditions imposed upon him under subsection (2) in respect of such permission, the Commissioner of Police may by order in writing — ( c ) direct that such person be required to leave Singapore within such time as may be specified in the order and thereafter remain out of Singapore for a period of 6 months from the date of the service of the order upon him, or for such lesser period as the Commissioner of Police may specify; or ( d ) direct that such person be taken into custody and, as speedily as may be, conducted across the frontier, and that person may lawfully be detained for so long as may be necessary for his removal to take effect; and such person so removed shall remain out of Singapore for a period of 6 months from the date of his removal. (4) Any person who contravenes or fails to obey any order made under this section or who commits a breach of any conditions imposed under subsection (2) shall be guilty of an offence. (5) This section shall not operate to authorise the removal from Singapore of any person who is a citizen of Singapore ordinarily resident in Singapore. Chapter 6 — Miscellaneous


document_id: isa-1960
provision_ref: s44
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 44
title: Attempts to commit offences and assisting offenders
content:
44. —(1) Without prejudice to the operation of Chapters 5 and 23 of the Penal Code 1871 any person who attempts to commit, or does any act preparatory to the commission of an offence under this Part shall be deemed to be guilty of that offence under this Part. (2) No person knowing or having reasonable cause to believe that another person is guilty of an offence under this Part shall give that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for that offence.


document_id: isa-1960
provision_ref: s45
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 45
title: Abetment and general penalty
content:
45. Any person who contravenes or fails to comply with any provision of this Part or any order made or any direction or instruction given or requirement imposed thereunder or abets such contravention or failure for which no special penalty is provided shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both.


document_id: isa-1960
provision_ref: s46
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 46
title: Arrest
content:
46. Any police officer may without warrant arrest any person suspected of the commission of an offence under this Part or of being a person ordered in pursuance of this Part to be detained.


document_id: isa-1960
provision_ref: s47
chapter: PART 2 - GENERAL PROVISIONS RELATING TO
section: 47
title: Enforcement of bonds
content:
47. —(1) Where any person is required to enter into a bond under section 8(1), 10 or 31(3), such bond may be enforced by any Magistrate on the application of any police officer not below the rank of sergeant, in the same manner as under the provisions of the Criminal Procedure Code 2010 the court of such Magistrate may enforce a bond required by that court to be executed under the provisions of that Code. (2) Nothing in this section shall be deemed to prevent the penalty or any part thereof of any such bond from being recovered by suit or action in any civil court of competent jurisdiction, from the person entering into such bond or from his sureties, in accordance with any law for the time being in force relating to Government proceedings.


document_id: isa-1960
provision_ref: s48
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 48
title: Proclamation of security areas
content:
48. —(1) If in the opinion of the President public security in any area in Singapore is seriously disturbed or threatened by reason of any action taken or threatened by any substantial body of persons, whether inside or outside Singapore, to cause or to cause a substantial number of citizens to fear organised violence against persons or property, he may, if he considers it to be necessary for the purpose of suppressing such organised violence, proclaim such area as a security area for the purposes of this Part. (2) Every proclamation made under subsection (1) shall apply only to such area as is therein specified and shall remain in force until it is revoked by the President or is annulled by resolution passed by Parliament: Provided that such revocation or annulment shall be without prejudice to anything previously done by virtue of the proclamation. (3) A proclamation made under subsection (1) shall be published in such manner as the Minister thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice thereof and shall have effect as soon as such notice has been given, without publication in the Gazette . (4) A copy of every proclamation made under subsection (1) shall be published in the Gazette and shall be presented to Parliament as soon as possible after it has been made. Chapter 2 — Powers relating to preservation of
public security


document_id: isa-1960
provision_ref: s49
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 49
title: Danger area
content:
49. —(1) The Minister, if he considers it necessary or expedient in the public security to do so, may, by order to be published in the Gazette , declare any area within a security area to be a danger area. (2) The limits and extent of every danger area shall be demarcated at the site by such means as will, in the opinion of the Minister, make apparent to persons in or about the area concerned that such area has been declared a danger area. (3) No person shall enter or remain in a danger area, and any person who fails to comply with this subsection shall be guilty of an offence under this Part: Provided that this subsection shall not apply to members of the security forces in the performance of their duty, or to any person accompanied by any such member. (4) Any member of the security forces may within a danger area take such measures, including means dangerous or fatal to human life, as he considers necessary to ensure that no person prohibited from entering or remaining in a danger area shall enter or remain in such area. (5) No claim of any kind shall accrue to, or in respect of any injury sustained by, any person as a result of his having entered or remained in a danger area in contravention of subsection (3): Provided that this subsection shall not preclude the award of compensation under any regulations made under section 72 if, in the particular circumstances under which the person sustaining the injury entered or remained in a danger area, the authority empowered to award compensation thereunder considers it equitable to award such compensation. (6) Where any land, building or other immovable property is within a danger area, a claim for compensation in respect of such land, building or other immovable property may be made in the manner prescribed by regulations made under section 72.


document_id: isa-1960
provision_ref: s50
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 50
title: Controlled area
content:
50. —(1) The Minister may, if he considers it expedient in the public security to do so, make an order, which shall be published in the Gazette , declaring any area within a security area to be a controlled area, and in the same or any subsequent order may declare any specified part of such controlled area to be a residential part. (2) Every such order shall declare — ( a ) that after the expiration of a period to be specified in the order (which shall not be less than 7 days from the date thereof) and subject to any exemption for which provision may be made by the same or by a subsequent order and to any conditions upon which such exemption may be granted, no person shall reside or continue to reside in any part of a controlled area other than a residential part; ( b ) that between such hours or at such times as may be specified in the order and subject to any exemption for which provision may be made by the same or by a subsequent order and to any conditions upon which such exemption may be granted, no person shall enter or remain in any part of the controlled area other than a residential part. (3) Any person who contravenes the provisions of an order made under this section shall be guilty of an offence under this Part. (4) No order under this section shall apply to — ( a ) the President; ( b ) any member of the security forces when acting in the course of his duty; ( c ) any person or class of persons exempted from the provisions of such order by the Commissioner of Police or the officer in charge of the division.


document_id: isa-1960
provision_ref: s51
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 51
title: Protected place
content:
51. —(1) If, as respects any place or premises in any security area, it appears to the Commissioner of Police to be necessary or expedient in the interests of public security or order, or for the maintenance of supplies or services essential to the life of the community, that special precautions should be taken to prevent the entry of unauthorised persons, he may by order declare such place or premises to be a protected place for the purposes of this Part; and so long as the order is in force, no person shall, subject to any exemptions for which provision may be made in the order, enter or remain in that place or those premises without the permission of such authority or person as may be specified in the order. (2) Where, in pursuance of this section, any person is granted permission to be in a protected place, that person shall, while acting under such permission, comply with such directions for regulating his conduct as may be given by the Commissioner of Police or by the authority or person granting the permission. (3) Any police officer, or any person authorised in that behalf by the officer in charge of the division may search any person entering or seeking to enter, or being in, a protected place, and may detain any such person for the purpose of searching him. (4) If any person is in a protected place in contravention of this section, or, while in such a place, fails to comply with any directions given under this section, then without prejudice to any proceedings which may be taken against him, he may be removed from the place by any police officer or any person authorised in that behalf by the occupier of the premises. (5) Any person who is in a protected place in contravention of this section or who on being challenged by a police officer wilfully fails to stop or who unlawfully refuses to submit to search shall be guilty of an offence under this Part. (6) It shall be lawful for the Commissioner of Police to take or cause to be taken such steps as he may consider necessary for the protection of any protected place, and such steps may extend to the taking of defensive measures which involve or may involve danger to the life of any person entering or attempting to enter the protected place. (7) Where any measures involving such danger as aforesaid are adopted, the Commissioner of Police shall cause such precautions to be taken, including the prominent display of warning notices, as he considers reasonably necessary to prevent inadvertent or accidental entry into any protected place, and where such precautions have been duly taken, no person shall be entitled to compensation or damages in respect of injury received or death caused as a result of any unauthorised entry into any such protected place. (8) For the purposes of this section, “police officer” shall include — ( a ) any member of the security forces; ( b ) any prison officer; ( c ) any other person performing the duties of a guard or watchman in a protected place, the appointment of whom has been either specially or generally authorised by the Commissioner of Police. (9) No woman shall be searched under this section except by a woman.


document_id: isa-1960
provision_ref: s52
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 52
title: Exclusion of persons
content:
52. The officer in charge of a division may by order in writing exclude any person or persons from the division under his charge or from any part thereof, such division or part being part of a security area.


document_id: isa-1960
provision_ref: s53
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 53
title: Curfew
content:
53. —(1) Every person within any division or part thereof within a security area which may be designated by order by the officer in charge of the division shall remain within doors, or within such area as may be defined in the order, between such hours as may be specified in the order, unless in possession of a written permit in that behalf issued by a police officer of or above the rank of sergeant. (2) No order under this section shall apply to — ( a ) the President; ( b ) any member of the security forces when acting in the course of his duty; ( c ) any person or class of persons exempted from the provisions of such order by the Commissioner of Police or the officer in charge of the division.


document_id: isa-1960
provision_ref: s54
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 54
title: Power to take possession of land or buildings
content:
54. —(1) The Minister may if it appears to him to be necessary or expedient to do so in the interests of public security, or for the accommodation of any security forces, take possession of any land or of any building or part of a building in any security area and may give such directions as appear to him necessary or expedient in connection with the taking of possession of that land or building. (2) Any police officer may take such steps and use such force as appears to him to be reasonably necessary for securing compliance with directions given to any person under subsection (1). (3) While any land or building is in the possession of the Minister by virtue of this section, the land or building may, notwithstanding any restriction imposed on the use thereof (whether by any written law or other instrument or otherwise), be used by, or under the authority of, the Minister for such purpose, and in such manner, as the Minister thinks expedient in the interests of public security or for the accommodation of any security forces; and the Minister, so far as appears to him to be necessary or expedient in connection with the taking of possession or use of the land or building in pursuance of this subsection — ( a ) may do, or authorise persons using the land or building as aforesaid to do, in relation to the land or building, anything any person having an interest in the land or building would be entitled to do by virtue of that interest; and ( b ) may by order provide for prohibiting or restricting the exercise of rights of way over the land or building, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise. (4) The owner or occupier of any land or building shall, if requested by or on behalf of the Minister to do so, furnish to such authority or person as may be specified in the request such information in his possession relating to the land or building (being information which may reasonably be demanded of him in connection with the execution of this section) as may be so specified. (5) For the purposes of this section, there shall be one or more advisory committees consisting of persons appointed by the Minister; and any such committee may make rules for the conduct of its proceedings. (6) Any person aggrieved by reason of the taking possession of any land or building under this section may within 14 days after such possession has been taken give notice of his objection thereto to an advisory committee appointed under subsection (5). (7) The chairman of an advisory committee to which such notice has been given by an aggrieved person shall inform any person on whose behalf possession of such land or building has been taken, and the advisory committee shall thereupon consider the objection made by the aggrieved person and any grounds which may be put forward against such objections by the person on whose behalf such possession has been taken, and shall forward its recommendations to the Minister. (8) The Minister after considering the recommendations of the advisory committee shall give such directions thereon as he may think fit.


document_id: isa-1960
provision_ref: s55
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 55
title: Power to order destruction of certain unoccupied buildings
content:
55. —(1) Where in any security area any building or structure is left unoccupied by reason of the operation of any order made under this Chapter, the officer in charge of the division in which such building or structure is situated may if it appears to him — ( a ) to be likely that such building or structure will if left standing be used by any person or persons who intend, or are about, to act or have recently acted in a manner prejudicial to public security or by any other person who is likely to harbour any such persons; and ( b ) to be impracticable in any other way to prevent such use, destroy or authorise the destruction of that building or structure. (2) Compensation shall be payable in respect of the destruction of any building or structure under this section if the claimant satisfies the Minister — ( a ) that such building or structure was erected by or with the consent of the person lawfully entitled to the land on which the same was erected; and ( b ) that such building or structure was not liable to forfeiture under any regulations made under section 72: Provided that compensation may be paid to the owner or occupier of any building or structure erected by or with the consent of the person lawfully entitled to the land on which it was erected, notwithstanding that such building or structure is liable to forfeiture under any regulations made under section 72, if such owner or occupier satisfies the Minister that the building or structure was used by persons who intend, or are about, to act or have recently acted, in a manner prejudicial to public security or that such persons were being or had been harboured by his employee or agent, as the case may be, without his knowledge or consent, and that he exercised all due diligence to prevent such building or structure being so used or the harbouring of such persons, as the case may be. (3) Any compensation payable under this section shall be assessed in accordance with regulations made under section 72.


document_id: isa-1960
provision_ref: s56
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 56
title: Power to control roads, etc.
content:
56. —(1) Any officer in charge of a division or any person duly authorised by any such officer may by order, or by giving directions, or in any other manner, regulate, restrict, control or prohibit the use of any road or waterway in any security area by any person or class of persons or any vehicle or vessel or type or description of vehicle or vessel or close any road or waterway in such area. (2) Any officer in charge of a division may, by the issue of permits to which conditions may be attached or in any other manner, regulate, restrict, control or prohibit the travelling by any person or class of persons in any train, motor car, motor bus or vehicle of any description in any security area, and may similarly regulate, restrict, control or prohibit the travelling by any person in any vessel in such area.


document_id: isa-1960
provision_ref: s57
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 57
title: Power to seize rice and other food
content:
57. —(1) When on duty, any police officer or any member of the security forces of or above the rating or rank of leading rate or non‑commissioned officer (as the case may be) or any person authorised in writing to do so by the officer in charge of the division may seize any rice or any other article of food in any security area which by reason of its quantity or its situation is or is likely to or may become available to any persons who intend or are about to act or have recently acted in a manner prejudicial to public security or to the maintenance of public order. (2) Any such police officer or member of such forces as aforesaid may without warrant enter and search any premises if he suspects that any rice or any food liable to seizure under this section is likely to be found on such premises. (3) When on duty any police officer or any member of the security forces or any person who is authorised in writing to do so by the officer in charge of the division may stop and search any vessel, vehicle or individual in any security area, whether in a public place or not, if he suspects that any rice or any food liable to seizure under this section is likely to be found on such vessel, vehicle or individual. (4) No woman shall be searched under this section except by a woman. Chapter 3 — Offences relating to security areas


document_id: isa-1960
provision_ref: s58
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 58
title: Offences relating to firearms, ammunition and explosives
content:
58. —(1) Any person who without lawful excuse, the onus of proving which shall be on such person, in any security area carries or has in his possession or under his control — ( a ) any firearm without lawful authority therefor; or ( b ) any ammunition or explosive without lawful authority therefor, shall be guilty of an offence under this Part and shall be liable on conviction to be punished with death. (2) A person shall be deemed to have lawful authority for the purposes of this section only if he — ( a ) is a police officer or a member of the security forces, or any person employed in the Prisons Department, and in every such case is carrying or is in possession of or has under his control such firearm, ammunition or explosive in or in connection with the performance of his duty; ( b ) is a person duly licensed, or authorised without a licence, under the provisions of any written law for the time being in force to carry, possess or have under his control such firearm, ammunition or explosive; or ( c ) is a person exempted from this section by an officer in charge of a division, or is a member of any class of persons so exempted by the Commissioner of Police by notification in the Gazette : Provided that no person shall be deemed to have lawful authority for the purposes of this section or to be exempt from this section if he carries or has in his possession or under his control any such firearm, ammunition or explosive for the purpose of using the same in a manner prejudicial to public security or the maintenance of public order. (3) A person shall be deemed to have lawful excuse for the purposes of this section only if he proves — ( a ) that he acquired such firearm, ammunition or explosive in a lawful manner and for a lawful purpose; and ( b ) that he has not at any time while carrying or having in his possession or under his control such firearm, ammunition or explosive acted in a manner prejudicial to public security or the maintenance of public order. (4) A person charged with an offence under this section shall not be granted bail.


document_id: isa-1960
provision_ref: s59
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 59
title: Consorting with person carrying or having possession of firearms or explosives
content:
59. —(1) Any person who in any security area consorts with or is found in the company of another person who is carrying or has in his possession or under his control any firearm, ammunition or explosive in contravention of section 58, in circumstances which raise a reasonable presumption that he intends, or is about, to act, or has recently acted, with such other person in a manner prejudicial to public security or the maintenance of public order shall be guilty of an offence under this Part and shall be liable on conviction to be punished with death or with imprisonment for life. (2) Any person who in any security area consorts with, or is found in the company of, another person who is carrying or has in his possession, or under his control any firearm, ammunition or explosive in contravention of section 58, in circumstances which raise a reasonable presumption that he knew that such other person was carrying or had in his possession or under his control any such firearm, ammunition or explosive shall be guilty of an offence under this Part and shall be liable on conviction to imprisonment for a term not exceeding 10 years. (3) Where, in any prosecution for an offence under this section, it is established to the satisfaction of the court that the accused person was consorting with or in the company of any person who was carrying or had in his possession or under his control any firearm, ammunition or explosive, it shall be presumed, until the contrary is proved, that such last mentioned person was carrying or had in his possession or under his control such firearm, ammunition or explosive in contravention of section 58.


document_id: isa-1960
provision_ref: s60
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 60
title: Supplies
content:
60. —(1) Any person who whether within or outside a security area demands, collects or receives any supplies from any other person in circumstances which raise a reasonable presumption that he intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that the supplies so demanded, collected or received are intended for the use of any person who intends or is about, so to act, or has recently so acted, or for the use of any terrorist, shall be guilty of an offence under this Part and shall be liable on conviction to imprisonment for life. (2) Any person who whether within or outside a security area is found in possession of any supplies for which he cannot satisfactorily account in circumstances which raise a reasonable presumption that such supplies are intended for the use of any person who intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that such supplies are intended for the use of any terrorist shall be guilty of an offence under this Part and shall be liable on conviction to imprisonment for life. (3) Any person who whether within or outside a security area provides, whether directly or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that such other person intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that the supplies so provided are intended for the use of any person who intends or is about, so to act, or has recently so acted, or that such supplies are intended for the use of any terrorist shall be guilty of an offence under this Part and shall be liable on conviction to imprisonment for life: Provided that no person shall be convicted of any offence under this subsection if he proves that prior to being charged with or accused of such offence by a police officer or a person in authority he voluntarily gave full information of the offence to a police officer. (4) In any charge for an offence under this section it shall not be necessary to specify the person or persons from whom any supplies were demanded, collected or received or to whom any supplies were provided or intended to be provided.


document_id: isa-1960
provision_ref: s61
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 61
title: Failure to report offences or to give information
content:
61. Any person who, whether within or outside a security area, while any proclamation under section 48 is in force — ( a ) knowing or having reasonable cause to believe that another person has committed an offence under this Part fails to report that offence to a police officer; or ( b ) having in his possession any information as to the present or intended movements or whereabouts of any person whom he knows or has reasonable cause to believe to be a terrorist fails to report the same to a police officer, shall be guilty of an offence under this Part and shall be liable on conviction to imprisonment for a term not exceeding 10 years: Provided that no person shall be convicted of any offence under this section if he proves that prior to being charged with or accused of such offence by a police officer or a person in authority, he voluntarily gave full information of such other offence or of such movements or whereabouts to a police officer.


document_id: isa-1960
provision_ref: s62
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 62
title: Attempt to commit offences
content:
62. Without prejudice to the operation of Chapter 5 and Chapter 23 of the Penal Code 1871, any person who whether within or outside a security area, while any proclamation under section 48 is in force, attempts to commit, or does any act preparatory to the commission of an offence under this Part shall be deemed to be guilty of that offence under this Part.


document_id: isa-1960
provision_ref: s63
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 63
title: Assisting offenders
content:
63. No person, knowing or having reasonable cause to believe that another person has committed an offence under this Part, shall, whether within or outside a security area, give that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for the offence.


document_id: isa-1960
provision_ref: s64
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 64
title: Abetment and general penalty
content:
64. If any person contravenes or fails to comply with any provision of this Part, or any order made under or direction given or requirement imposed under any such section of this Part or, whether within or outside a security area, abets such contravention or failure, he shall be guilty of an offence under this Part; and subject to any special provisions contained in this Part or in any regulations made under section 72, a person guilty of any such offence shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. Chapter 4 — Powers of police and others


document_id: isa-1960
provision_ref: s65
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 65
title: Arrest
content:
65. —(1) Any police officer may without warrant arrest any person suspected of the commission of an offence under this Part. (2) The powers conferred upon a police officer by subsection (1) may be exercised by any member of the security forces, by any person performing the duties of a guard or watchman in a protected place, and by any other person generally authorised in that behalf by the Commissioner of Police.


document_id: isa-1960
provision_ref: s66
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 66
title: Powers of search
content:
66. —(1) When on duty any police officer or any member of the security forces or any person who is authorised in writing to do so by the officer in charge of a division, may without warrant and with or without assistance stop and search any vehicle, vessel, train, aircraft or individual, whether in a public place or not, if he suspects that any article or material being evidence of the commission of an offence under this Part is likely to be found in such vehicle, vessel, train, aircraft or on such individual, and may seize any article or material so found. (2) When on duty any police officer of or above the rank of corporal or any member of the security forces of or above the rating or rank of leading rate or non-commissioned officer (as the case may be) or any person authorised in writing to do so by the officer in charge of a division may without warrant and with or without assistance enter and search any premises or place if he suspects that any article or material being evidence of the commission of any offence under this Part is likely to be found on such premises or place and may seize any article or material so found. (3) No woman shall be searched under this section except by a woman.


document_id: isa-1960
provision_ref: s67
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 67
title: Power to dispense with death inquiries
content:
67. Notwithstanding anything to the contrary in any written law, in any security area — ( a ) a Coroner may dispense with the holding of a death inquiry on the dead body of any police officer or of any member of the security forces; ( b ) where the Coroner responsible for holding a death inquiry upon the body of any person is satisfied that such person has been killed in a security area as a result of operations by the police or by the security forces for the purpose of suppressing organised violence, the Coroner may dispense with the holding of a death inquiry on the body of such person.


document_id: isa-1960
provision_ref: s68
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 68
title:
Medical officers of armed forces to be regarded as pathologist or medical practitioner under supervision of pathologist

content:
68. The provisions of the Coroners Act 2010 shall, in respect of any inquiries into any death in any security area, have effect as if reference therein to a pathologist, or a medical practitioner under the supervision of a pathologist, included reference in each case to a medical officer of the Singapore Armed Forces when acting in the course of his duty: Provided that no such medical officer of the Singapore Armed Forces shall, without his consent, be required by any order or otherwise to perform a post-mortem examination of any body. [15/2010] Chapter 5 — General


document_id: isa-1960
provision_ref: s69
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 69
title: Compensation
content:
69. —(1) Where in the exercise of the powers conferred by section 54 or by any regulations made under section 72, possession is taken of any land, building or other structure or of any movable property or of any space or accommodation in any vessel, aircraft, train or vehicle, compensation in respect of such possession shall be assessed in accordance with regulations made under section 72. (2) For the avoidance of doubt it is hereby declared that no compensation shall be payable to any person in respect of any damage or injury to his person or property caused by or consequent upon any act authorised by this Part or any regulations made under section 72, unless provision for such compensation is made by this Part or any regulations made under section 72.


document_id: isa-1960
provision_ref: s70
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 70
title: Application of section 94 of Penal Code 1871
content:
70. Section 94 of the Penal Code 1871 (which relates to an act to which a person is compelled by threats) shall have effect as if offences punishable with death under this Part were offences included in Chapter 6 of the Penal Code 1871 punishable with death.


document_id: isa-1960
provision_ref: s71
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 71
title: Extension of right of private defence
content:
71. The right of private defence of property conferred by section 105 of the Penal Code 1871 shall be deemed to extend to any mischief by fire or explosive committed on a railway engine, railway rolling stock or a motor vehicle in any security area, as it applies to mischief by fire committed on a building used as a human dwelling or as a place for the custody of property. [15/2019] Chapter 6 — Power to make regulations


document_id: isa-1960
provision_ref: s72
chapter: PART 3 - SPECIAL PROVISIONS RELATING TO
section: 72
title: Power to make regulations
content:
72. —(1) When a proclamation has been made under section 48 it shall be lawful for the President to make in respect of any security area any regulations whatsoever which he considers desirable for the public security. (2) Without prejudice to the generality or scope of the powers conferred by subsection (1), regulations may be made under subsection (1) in respect of any matters coming within the classes of subjects hereinafter specified: ( a ) the assessment and payment of remuneration, compensation and allowances in respect of all matters done under this Act or any regulations made thereunder or in respect of injuries occasioned by or resulting from any proclamation under section 48; ( b ) the restriction of the movement of persons in any security area; ( c ) processions and meetings in any security area; ( d ) the supply and distribution of food, water, fuel, light and other necessities in any security area; ( e ) the declaration of fences or barriers surrounding any area in a security area as perimeter fences, and the regulation of traffic and supplies from within and outside any such areas; ( f ) the eviction of persons unlawfully in occupation of land within any security area; ( g ) the seizure, occupation and forfeiture of land, buildings and other structures and movable property within any security area belonging to or used by persons who intend or are about to act or have acted in a manner prejudicial to the public security of Singapore, or belonging to or used by persons who are harbouring or have harboured or who by their employees or agents are harbouring or have harboured any such persons; ( h ) the appropriation, control, forfeiture, disposition and use of property in any security area; ( i ) the requisition of space or accommodation in any vessel, aircraft, train or vehicle within any security area; ( j ) the destruction of buildings and other structures within any security area; ( k ) the clearance of lands within any security area, the recovery of the costs of and the payment of compensation in respect of such clearance; ( l ) the payment of gratuities to workmen injured or to the dependants of workmen killed by acts of terrorism in any security area; ( m ) the restriction and prohibition in any security area of foodstuffs and other supplies; ( n ) the registration of persons or any class of persons and the control of occupations and industries within any security area; ( o ) the control of the movement of rubber and the protection of rubber plants in any security area; ( p ) modification, amendment, supersession or suspension of the provisions of any written law for the time being in force in any security area; ( q ) entry into and search of premises or other places and the arrest, search and interrogation of persons within any security area; ( r ) the formation of tribunals and other bodies for the purpose of deciding any matters specified in such regulations, but having no powers to inflict fines or imprisonment; ( s ) the prescription of fees and other payments; ( t ) any other matter in respect of which it is in the opinion of the President desirable in the interests of public security that regulations should be made. (3) Any regulations made under this section may provide for the infliction in the event of a contravention thereof of a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both. (4) Any regulations made under this section shall — ( a ) unless the President otherwise directs, come into force on the day on which they are made, and shall then continue in force so long as the proclamation under section 48 is in force, unless sooner revoked; ( b ) have effect only within the security area or areas to which the proclamation applies. (5) All subsidiary legislation made under this Act in force in any security area immediately before the revocation or annulment of any proclamation made under section 48 shall cease to have effect in such area upon such revocation or annulment, but without prejudice to the taking or continuance of any proceedings in respect of anything previously done or omitted to be done, or to the payment of any compensation or allowance thereunder.


document_id: isa-1960
provision_ref: s73
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 73
title: Seizability and bailability of offences
content:
73. —(1) Every offence under this Act shall be seizable for the purposes of the Criminal Procedure Code 2010. (2) Every offence under this Act punishable with imprisonment for a term exceeding 3 years shall be non-bailable for the purposes of the Criminal Procedure Code 2010.


document_id: isa-1960
provision_ref: s74
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 74
title: Power to detain suspected persons
content:
74. —(1) Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe — ( a ) that there are grounds which would justify his detention under section 8; and ( b ) that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Singapore or any part thereof. (2) Any police officer may without warrant arrest and detain pending enquiries any person, who upon being questioned by the officer fails to satisfy the officer as to his identity or as to the purposes for which he is in the place where he is found, and who such officer suspects has acted or is about to act in any manner prejudicial to the security of Singapore or any part thereof. (3) No person shall be detained under this section for a period exceeding 24 hours except with the authority of a police officer of or above the rank of assistant superintendent of police or, subject as hereinafter provided, for a period of 48 hours in all. (4) If an officer of or above the rank of superintendent of police is satisfied that the necessary enquiries cannot be completed within the period of 48 hours prescribed by subsection (3) he may authorise the further detention of any person detained under this section for an additional period not exceeding 28 days. (5) Any officer giving any authorisation under subsection (4) shall forthwith report the circumstances thereof to the Commissioner of Police; and where such authorisation authorises detention for any period exceeding 14 days the Commissioner of Police shall forthwith report the circumstances thereof to the Minister. (6) The powers of a police officer under subsections (1) and (2) may be exercised by any member of the security forces, and (in the case of a protected place) any authorised officer of that protected place (within the meaning of the Infrastructure Protection Act 2017). [41/2017] (7) Any person detained under the powers conferred by this section shall be deemed to be in lawful custody, and may be detained in any prison, or in any police station, or in any other similar place authorised generally or specially by the Minister.


document_id: isa-1960
provision_ref: s75
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 75
title: Use of lethal weapons in effecting arrests
content:
75. —(1) Notwithstanding anything to the contrary in any other written law, it shall be lawful for any police officer in order — ( a ) to effect the arrest of any person liable to detention under any order made under section 8; ( b ) to effect the arrest of any person liable to arrest and detention under section 74(1) or (2); ( c ) to effect the arrest of any person whom he has, in all the circumstances of the case, reasonable grounds for suspecting to have committed an offence under this Act or under any provision of any written law for the time being specified in the First Schedule; ( d ) to overcome forcible resistance offered by any person to such arrest; or ( e ) to prevent the escape from arrest or the rescue of any person arrested as aforesaid, to use such force as, in the circumstances of the case, may be reasonably necessary, which force may extend to the use of lethal weapons. (2) Every person arrested for any of the offences referred to in subsection (1) shall as soon as possible after his arrest be clearly warned of his liability to be shot at if he endeavours to escape from custody. (3) The powers conferred upon a police officer by subsection (1) may be exercised by any member of the security forces, and by any person performing the duties of a guard or watchman in a protected place, and by any other person generally authorised in that behalf by the Commissioner of Police. (4) Nothing in this section shall derogate from the right of private defence contained in sections 96 to 106A, inclusive, of the Penal Code 1871. [15/2019]


document_id: isa-1960
provision_ref: s76
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 76
title: Admission of statements in evidence
content:
76. —(1) Where any person is charged with any offence under this Act or under any written law for the time being specified in the Second Schedule any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after that person is charged and whether in the course of a police investigation or not and whether or not wholly or partly in answer to questions, by that person to or in the hearing of any police officer of or above the rank of sergeant and whether or not interpreted to him by any other police officer or any other person concerned, or not, in the arrest, shall notwithstanding anything to the contrary in any written law, be admissible at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in cross‑examination and for the purpose of impeaching his credit: Provided that no such statement shall be admissible or used as aforesaid — ( a ) if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against that person, proceeding from a person in authority and sufficient in the opinion of the court to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him; or ( b ) in the case of a statement made by such person after his arrest, unless the court is satisfied that a caution was administered to him in the following words or words to the like effect: “It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence”: Provided that a statement made by any person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of no such caution having been given if it has been given as soon as possible. (2) Notwithstanding anything to the contrary in any written law, a person accused of an offence to which subsection (1) applies shall not be bound to answer any questions relating to such case after any such caution has been administered to him. (3) This section shall apply in relation to any person tried after 16 September 1963, whether or not the proceedings against such person were instituted and whether or not the relevant statement was made before that date.


document_id: isa-1960
provision_ref: s77
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 77
title: Inspection of bankers’ books
content:
77. The Minister may, if he is satisfied that any evidence of the commission of an offence under this Act or under any written law for the time being specified in the Second Schedule is likely to be found in any banker’s book, by order authorise any police officer to inspect any such book, and a police officer so authorised may, at all reasonable times, enter the bank specified in the order and inspect the banker’s books kept therein, and may take copies of any entry in any such book.


document_id: isa-1960
provision_ref: s78
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 78
title: Disposal of property
content:
78. —(1) Subject to subsection (2), the provisions of the Criminal Procedure Code 2010 relating to the disposal of property the subject of an offence shall apply to any article coming into the possession of a police officer or any other person having any functions in connection with the operation of this Act which such officer or person has reasonable ground for believing to be evidence of the commission of an offence under this Act; and in relation to any such article any reference therein to a police officer shall have effect as if it included a reference to any such person. (2) Any article or material coming into the possession of a police officer under section 66 may be disposed of in such manner as the Minister may order. (3) Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section. 79. [ Repealed by Act 26 of 2022 wef 12/06/2023 ]


document_id: isa-1960
provision_ref: s80
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 80
title: Jurisdiction of District Court
content:
80. Without prejudice to the jurisdiction of the General Division of the High Court, a District Court shall have jurisdiction to try any offence under this Act, other than an offence punishable with death, and to pass any sentence prescribed therefor not exceeding 5 years’ imprisonment or a fine of $5,000 or both. [40/2019]


document_id: isa-1960
provision_ref: s81
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 81
title: Restriction on prosecution
content:
81. A prosecution for any offence under this Act punishable with imprisonment for a term of 7 years or more shall not be instituted except with the consent of the Public Prosecutor: Provided that, subject to the provisions of the law for the time being in force relating to criminal procedure — ( a ) a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until that consent has been obtained; and ( b ) when a person is brought before a court under this section before the Public Prosecutor has consented to the prosecution the charge shall be explained to him but he shall not be called upon to plead, and the provisions of such law shall be modified accordingly.


document_id: isa-1960
provision_ref: s82
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 82
title: Publicity of orders
content:
82. —(1) When any order or regulation is made or direction or instruction is given under this Act, the Minister or other authority making such order or regulation or giving such direction or instruction shall cause notice of its effect to be given as soon as possible in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of it, and such order, regulation, direction or instruction shall have effect as soon as notice as aforesaid has been given, without publication in the Gazette . (2) Without prejudice to any special provisions in this Act or in any rules or regulations made thereunder, a notice to be served on any person for the purposes of any section may be served by leaving it at, or by sending it by post in a letter addressed to that person at, his last or usual place of abode or place of business. (3) Any order or regulation made or any direction or instruction given under this Act may at any time during its continuance be cancelled by the person empowered to make such order or regulation or to give such direction or instruction, but without prejudice to the previous validity thereof or to anything done thereunder or to the power of that person to make a fresh order or regulation or give a fresh direction or instruction under such provisions.


document_id: isa-1960
provision_ref: s83
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 83
title: Saving
content:
83. Nothing in this Act shall affect any other law relating to criminal offences: Provided that no person shall be punished twice for the same offence.


document_id: isa-1960
provision_ref: s84
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 84
title: Amendment, etc., of Schedules
content:
84. The Schedules to this Act may be added to, varied or amended by resolution passed by Parliament.


document_id: isa-1967
provision_ref: s2
section: 2
title: Application
content:
2. Nothing in this Act shall apply to the estate of any Muslim or shall affect any rules of the Muslim law in respect of the distribution of the estate of any such person.


document_id: isa-1967
provision_ref: s3
section: 3
title: Interpretation
content:
3. In this Act — “child” means a legitimate child and includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei Darussalam; “intestate” includes any person who leaves a will but dies intestate as to some beneficial interest in his property; “issue” includes children and the descendants of deceased children.


document_id: isa-1967
provision_ref: s4
section: 4
title: Law regulating distribution
content:
4. —(1) The distribution of the movable property of a person deceased shall be regulated by the law of the country in which he was domiciled at the time of his death. (2) The distribution of the immovable property of a person deceased shall be regulated by this Act wherever he may have been domiciled at the time of his death.


document_id: isa-1967
provision_ref: s5
section: 5
title: Property of intestate to be distributed
content:
5. If a person dies intestate after 2 June 1967, he being at the time of his death — ( a ) domiciled in Singapore and possessed beneficially of property, whether movable or immovable, or both, situated in Singapore; or ( b ) domiciled outside Singapore and possessed beneficially of immovable property situated in Singapore, that property or the proceeds thereof, after payment thereout of the expenses of due administration as prescribed by the Probate and Administration Act 1934, shall be distributed among the persons entitled to succeed beneficially to that property or the proceeds thereof.


document_id: isa-1967
provision_ref: s6
section: 6
title: Persons held to be similarly related to deceased
content:
6. For the purposes of distribution — ( a ) there shall be no distinction between those who are related to a person deceased through his father and those who are related to him through his mother nor between those who were actually born in his lifetime and those who at the date of his death were only conceived in the womb but who have subsequently been born alive; and ( b ) those related to a person deceased by the half blood shall rank immediately after those of the whole blood related to him in the same degree.


document_id: isa-1967
provision_ref: s7
section: 7
title: Rules for distribution
content:
7. In effecting such distribution, the following rules shall be observed: Rule 1 If an intestate dies leaving a surviving spouse, no issue and no parent, the spouse shall be entitled to the whole of the estate. Rule 2 If an intestate dies leaving a surviving spouse and issue, the spouse shall be entitled to one-half of the estate. Rule 3 Subject to the rights of the surviving spouse, if any, the estate (both as to the undistributed portion and the reversionary interest) of an intestate who leaves issue shall be distributed by equal portions per stirpes to and amongst the children of the person dying intestate and such persons as legally represent those children, in case any of those children be then dead. Proviso No. (1) — The persons who legally represent the children of an intestate are their descendants and not their next‑of‑kin. Proviso No. (2) — Descendants of the intestate to the remotest degree stand in the place of their parent or other ancestor, and take according to their stocks the share which he or she would have taken. Rule 4 If an intestate dies leaving a surviving spouse and no issue but a parent or parents, the spouse shall be entitled to one-half of the estate and the parent or parents to the other half of the estate. Rule 5 If there are no descendants, the parent or parents of the intestate shall take the estate, in equal portions if there be 2 parents, subject to the rights of the surviving spouse (if any) as provided in rule 4. Rule 6 If there are no surviving spouse, descendants or parents, the brothers and sisters and children of deceased brothers or sisters of the intestate shall share the estate in equal portions between the brothers and sisters and the children of any deceased brother or sister shall take according to their stocks the share which the deceased brother or sister would have taken. Rule 7 If there are no surviving spouse, descendants, parents, brothers and sisters or children of such brothers and sisters but grandparents of the intestate, the grandparents shall take the whole of the estate in equal portions. Rule 8 If there are no surviving spouse, descendants, parents, brothers and sisters or their children or grandparents but uncles and aunts of the intestate, the uncles and aunts shall take the whole of the estate in equal portions. Rule 9 In default of distribution under rules 1 to 8, the Government shall be entitled to the whole of the estate.


document_id: isa-1967
provision_ref: s8
section: 8
title: Special provision if intestate leaves lawful widows
content:
8. If any person so dying intestate leaves surviving him more than one wife, such wives shall share among them equally the share that the wife of the intestate would have been entitled to, had the intestate left only one wife surviving him.


document_id: isa-1967
provision_ref: s9
section: 9
title: Children’s advancement not to be taken into account
content:
9. Where a distributive share of the property of a person dying intestate is claimed by a child or any descendant of a child of that person, no money or other property which the intestate may during his life have given, paid or settled to or for the advancement of the child by whom or by whose descendant the claim is made shall be taken into account in estimating such distributive share.


document_id: isa-1967
provision_ref: s10
section: 10
title: Application to cases of partial intestacy
content:
10. Where any person dies leaving a will beneficially disposing of part of his property, the provisions of this Act shall have effect as respects the part of his property not so disposed of, subject to the provisions contained in the will: Provided that the personal representative shall, subject to his rights and powers for the purposes of administration, be a trustee for the persons entitled under this Act in respect of the part of the estate not expressly disposed of unless it appears by the will that the personal representative is entitled to take that part beneficially.


document_id: isa-1987
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “approved centre” means any place or premises declared by the Minister to be an approved centre under section 18; “article liable to seizure” means anything by means of or in respect of which an offence under this Act has been committed or which contains evidence of an offence under this Act; “Commissioner of Prisons” means the Commissioner of Prisons appointed under section 20 of the Prisons Act 1933; “Director” means the Director of the Central Narcotics Bureau appointed under section 3(1) of the Misuse of Drugs Act 1973 and includes any Deputy Director of the Bureau; “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001; “inmate” means a person who is detained in an approved centre; “intoxicating substance” means any substance having the property of releasing toxic vapours or fumes which contain any chemical compound specified in the Schedule and which when inhaled induces or causes a state of intoxication; “officer of the Bureau” means the Director or any person appointed under section 3 of the Misuse of Drugs Act 1973 as a Deputy Director, an Assistant Director or an officer of the Central Narcotics Bureau; “police officer” has the meaning given by the Police Force Act 2004 and, in relation to a person who is subject to military law under the Singapore Armed Forces Act 1972, includes a military policeman as defined in section 2(1) of that Act; “prison officer” has the meaning given by the Prisons Act 1933; “Review Committee”, in relation to any approved centre, means the Review Committee appointed for the approved centre under section 20; “special police officer” means a member of the Special Constabulary constituted under Part 8 of the Police Force Act 2004; “supervision order” means a written order by the Director made under section 16; “supervision period” means the period for which a person is placed under supervision pursuant to a supervision order made under section 16; “supply” includes having possession for the purpose of supply. [3/2006; 1/2014]


document_id: isa-1987
provision_ref: s3
chapter: PART 2 - OFFENCES RELATING TO INTOXICATING SUBSTANCES
section: 3
title: Offence of misuse of intoxicating substances
content:
3. —(1) A person must not, for the purpose of inducing or causing in himself or herself a state of intoxication, use or inhale any intoxicating substance. (2) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: isa-1987
provision_ref: s4
chapter: PART 2 - OFFENCES RELATING TO INTOXICATING SUBSTANCES
section: 4
title: Offence of supply of intoxicating substances
content:
4. —(1) A person must not sell or supply or offer to sell or supply an intoxicating substance to any person if the person knows or has reasonable cause to believe that the intoxicating substance is, or its fumes are, likely to be used or inhaled in contravention of section 3(1) by the person to whom the substance is sold or supplied or by another person. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: isa-1987
provision_ref: s5
chapter: PART 2 - OFFENCES RELATING TO INTOXICATING SUBSTANCES
section: 5
title: General powers to call for information as to intoxicating substances
content:
5. —(1) The Director may require any person who, in the course of conducting a business, sells or supplies or offers to sell or supply any intoxicating substance to produce such documents, to answer such questions and to provide such information as the Director may consider necessary for the effective exercise of the Director’s powers and performance of the Director’s duties under this Act. (2) Any such requisition must be made in writing served on the person to whom it is addressed, and any such service is good service if the requisition — ( a ) is left with that person, or is left with any adult at the usual or last known place of residence or business of that person; or ( b ) is served on that person by post at that person’s usual or last known place of residence or business. (3) Every person required to produce any document, answer any question or provide any information must produce the document, answer the question or provide the information within the time that may be stated in the requisition. (4) Any person required to produce any document, answer any question or provide any information under this section who — ( a ) without lawful excuse fails to comply with any requisition under this section; ( b ) produces any document which is false in any material particular, or has not been given or made by the person by whom it purports to have been given or made, or has been in any way altered or tampered with; or ( c ) makes any declaration, statement or representation which is false in a material particular, shall be guilty of an offence.


document_id: isa-1987
provision_ref: s6
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 6
title: Protection of informers
content:
6. —(1) Except as provided in subsection (3) — ( a ) no information for an offence under this Act is to be admitted in evidence in any civil or criminal proceedings; and ( b ) no witness in any civil or criminal proceedings is obliged — (i) to disclose the name and address of any informer who has given information with respect to an offence under this Act; or (ii) to answer any question if the answer would lead, or would tend to lead, to the discovery of the name or address of the informer. (2) If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contain any entry in which any informer is named or described or which may lead to his or her discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. (3) If — ( a ) in any proceedings before a court for an offence under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he or she knew or believed to be false or did not believe to be true; or ( b ) in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer, the court may permit inquiry and require full disclosure concerning the informer.


document_id: isa-1987
provision_ref: s7
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 7
title: Powers of arrest
content:
7. —(1) Any officer of the Bureau, police officer or special police officer may arrest without warrant any person who has committed or whom the officer reasonably suspects to have committed an offence under this Act. (2) Any person arrested under subsection (1), together with any article liable to seizure, must be taken to the Central Narcotics Bureau or a police station and may be searched. (3) A woman must not be searched under this Part except by another woman and with strict regard to decency. (4) An officer making an arrest under this section may seize and detain any article liable to seizure.


document_id: isa-1987
provision_ref: s7A
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 7A
title: Bail and bond
content:
7A. —(1) A person who has been arrested by an officer of the Bureau, police officer or special police officer under section 7(1) may be released on bail or on personal bond granted by any officer of the Bureau. (2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications: ( a ) any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an officer of the Bureau; ( b ) the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Director. [Act 16 of 2024 wef 18/11/2024]


document_id: isa-1987
provision_ref: s8
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 8
title: Powers of search and seizure
content:
8. —(1) Any officer of the Bureau, police officer or special police officer may at any time — ( a ) without a warrant enter and search any place or premises in which he or she reasonably suspects that there is to be found any article liable to seizure; ( b ) search any person found in that place or premises; and ( c ) seize and detain any article liable to seizure found in that place or premises. (2) For the purpose of exercising his or her power under this section, an officer may, with such assistance as he or she considers necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, box, container or any other thing.


document_id: isa-1987
provision_ref: s9
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 9
title: Obstruction of search
content:
9. Any person who — ( a ) obstructs any officer of the Bureau, police officer or special police officer in the exercise of any power under this Act; or ( b ) fails to comply with any lawful requirement of any officer of the Bureau, police officer or special police officer in the execution of his or her duty under this Act, shall be guilty of an offence.


document_id: isa-1987
provision_ref: s10
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 10
title: Forfeiture
content:
10. —(1) Where anything is seized under this Act, the officer who carried out the seizure must immediately give notice in writing of the seizure to the owner of that thing, if known, either by delivering the notice personally to the owner or by post at his or her place of residence, if known. (2) A notice under subsection (1) is not required to be given where the seizure is made in the presence of the offender or the owner or the owner’s agent. (3) An order for the forfeiture of any article liable to seizure is to be made if it is proved to the satisfaction of a court that an offence under this Act has been committed and that such article was the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence. (4) If there is no prosecution with regard to any article seized under this Act, that article is deemed to be forfeited on the expiry of one month from the date of seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed.


document_id: isa-1987
provision_ref: s11
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 11
title: Disposal of things forfeited
content:
11. All things which are forfeited to the Government under this Act are to be disposed of in such manner as the Minister thinks fit.


document_id: isa-1987
provision_ref: s12
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 12
title: Powers of investigation of officers of Bureau
content:
12. —(1) In any case relating to the commission of an offence under this Act, an officer of the Bureau has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into a seizable offence. [15/2010] (2) For the purposes of subsection (1), when an officer of the Bureau is exercising the powers of a police officer under the Criminal Procedure Code 2010, the officer of the Bureau is deemed to be an officer not below the rank of inspector of police. [15/2010]


document_id: isa-1987
provision_ref: s13
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 13
title: Blood tests
content:
13. —(1) Any officer of the Bureau, police officer, special police officer, or the officer-in-charge of an approved centre may require any person who has used or inhaled, or is reasonably suspected to have used or inhaled, any intoxicating substance for the purpose of inducing or causing a state of intoxication to provide to a registered medical practitioner a specimen of his or her blood for a laboratory test. (2) A person is not required to provide a specimen of his or her blood for a laboratory test under subsection (1) if the registered medical practitioner in immediate charge of his or her case objects to the provision of the specimen on the ground that it would be prejudicial to the proper care or treatment of that person. (3) A person who, without reasonable excuse, fails to provide a specimen of his or her blood for a laboratory test pursuant to a requirement imposed under 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. (4) Any officer of the Bureau, police officer or special police officer, or the officer-in-charge of an approved centre must, on requiring any person under this section to provide a specimen of blood for a laboratory test, warn him or her that failure to provide a specimen of blood may make him or her liable to a fine or imprisonment, and, if such officer fails to do so, the court before which the person is charged with an offence under subsection (3) may dismiss the charge. (5) For the purposes of any proceedings for an offence under section 3, a certificate purporting to be signed by a registered medical practitioner that the registered medical practitioner took a specimen of blood from a person with that person’s consent is evidence of the matters so certified and of the qualifications of the registered medical practitioner. (6) The certificate referred to in subsection (5) must not be accepted as evidence for the prosecution unless a copy of the certificate had been served on the accused not less than 7 days before the hearing. (7) For the purposes of this section, the consent of a person who has attained 16 years of age to providing a specimen of blood pursuant to a requirement imposed under subsection (1) is as effective as it would be if he or she were of full age. (8) Where the person referred to in subsection (7) has, by virtue of that subsection, given an effective consent, it is not necessary to obtain any consent from his or her parent or guardian in respect of him or her providing the specimen of blood.


document_id: isa-1987
provision_ref: s14
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 14
title: Presumption of misuse of intoxicating substance
content:
14. —(1) A person is presumed, until the contrary is proved, to have used or inhaled any intoxicating substance for the purpose of inducing or causing in himself or herself a state of intoxication if the specimen of blood provided by him or her under section 13 is certified by — ( a ) an analyst employed by the Health Sciences Authority; or ( b ) any other person that the Minister may appoint, [Act 5 of 2025 wef 09/03/2025] to contain an amount of any chemical compound specified in the first column of the Schedule in excess of the amount specified in the second column of the Schedule in relation to that chemical compound. [3/2006] [Act 5 of 2025 wef 09/03/2025] (2) An appointment under subsection (1)( b ) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: isa-1987
provision_ref: s15
chapter: PART 3 - EVIDENCE AND ENFORCEMENT
section: 15
title: Certificate of analyst, etc.
content:
15. —(1) A certificate purporting — ( a ) to be signed by — (i) an analyst employed by the Health Sciences Authority; or (ii) such other person as the Minister may appoint; and [Act 5 of 2025 wef 09/03/2025] ( b ) to relate to any chemical compound specified in the Schedule, is to be admitted in evidence, in any proceedings for an offence under this Act, on its production by the prosecution without proof of signature and, until the contrary is proved, is to be proof of all matters contained in the certificate. [3/2006] (1A) An appointment under subsection (1)( a )(ii) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) The certificate under subsection (1) must not be accepted as evidence for the prosecution unless a copy of the certificate had been served on the accused not less than 7 days before the hearing.


document_id: isa-1987
provision_ref: s16
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 16
title: Supervision
content:
16. —(1) If as a result of a blood test under section 13, it appears to the Director that the person who supplied the specimen of blood for the blood test has used or inhaled any intoxicating substance in contravention of section 3 and that it is necessary for that person to be subject to supervision, the Director may make a supervision order requiring that person to be subject to the supervision of an officer of the Bureau or a person appointed by the Director for that purpose for a supervision period not exceeding 12 months. (2) The Director may make a supervision order requiring — ( a ) a person who has been convicted of an offence under section 3(2); or ( b ) a person who has been discharged from an approved centre under section 21, to be subject to supervision by an officer of the Bureau or a person appointed by the Director for that purpose for a supervision period not exceeding 12 months. [3/2006] (3) Where the person mentioned in subsection (2)( a ) is sentenced to a term of imprisonment, the supervision order commences upon the expiration of that sentence. [3/2006] (4) A supervision order made under subsection (1) or (2) may require the person subject to the supervision order to comply during the whole or any part of the supervision period with any requirements as to residence and any other requirements that the Director, having regard to the circumstances of the case, considers necessary for securing the good conduct of that person. (5) Any person who wilfully fails to comply with any requirement in the supervision order mentioned in subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: isa-1987
provision_ref: s17
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 17
title: Treatment and rehabilitation
content:
17. —(1) If at any time during or after the supervision period a person who is or has been subject to a supervision order is arrested under section 7 on the ground that the person is reasonably suspected to have committed an offence under section 3, the Director may, having regard to the result of a medical examination or observation or a blood test under section 13 and, where applicable, a report of the supervising officer in relation to the person concerned, if it appears to the Director that it is necessary for that person to undergo treatment and rehabilitation at an approved centre, by order in writing direct the person to be admitted to an approved centre and detained there for a period not exceeding 6 months. (2) An approved centre may admit any person — ( a ) who uses or inhales any intoxicating substance for the purpose of inducing or causing a state of intoxication; or ( b ) under 21 years of age who uses or inhales any intoxicating substance for the purpose of inducing or causing a state of intoxication on the application made by either parent of such person or by his or her guardian or by any person for the time being having the custody or control of such person, for voluntary treatment and rehabilitation on the terms and conditions that may be prescribed. (3) Every person who is admitted to an approved centre under subsection (2) must not be detained in that centre for a period exceeding 6 months. (4) Any statement made by a person admitted to an approved centre under subsection (2) for the purpose of undergoing treatment and rehabilitation is not admissible in evidence against him or her in respect of any subsequent prosecution for an offence under this Act. (5) If the Review Committee of an approved centre is of the opinion that an inmate of that centre whose period of detention in that centre is about to expire requires further treatment or rehabilitation or both, the Committee may by order in writing direct that the inmate be detained in the centre for a further period or periods not exceeding 3 months at any one time. (6) No person in respect of whom an order has been made under subsection (1) is to be detained in an approved centre or centres for a period of more than 12 months after his or her admission to any approved centre pursuant to such order. (7) In this section, “supervising officer” means an officer of the Bureau or a person appointed by the Director under section 16 who is charged with the responsibility for the supervision of the person brought before the Director under subsection (1).


document_id: isa-1987
provision_ref: s18
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 18
title: Approved centres
content:
18. The Minister may, from time to time, by notification in the Gazette , declare any place or premises to be an approved centre for the purpose of the treatment and rehabilitation of persons who use or inhale intoxicating substances for the purpose of inducing or causing a state of intoxication and may at any time in like manner revoke or amend any such notification.


document_id: isa-1987
provision_ref: s19
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 19
title: Administration of approved centres
content:
19. —(1) Subject to the Minister’s directions, the general charge and administration of — ( a ) approved centres, except those designated under paragraph ( b ), is under the Commissioner of Prisons; and ( b ) such approved centres as the Minister may designate is under such person as the Minister may appoint. [1/2014] (2) The Commissioner of Prisons or the person appointed under subsection (1)( b ) (as the case may be) may appoint a person to be the officer-in-charge of an approved centre and such person is responsible for the supervision and administration of that approved centre. [1/2014] (3) Subject to such modifications as may be made by the Commissioner of Prisons, the standing orders issued under the Prisons Act 1933 apply to an approved centre under the charge of the Commissioner of Prisons as they apply to a prison. [1/2014] (4) The person appointed under subsection (1)( b ) may in writing issue orders, to be called standing orders, for the approved centres designated under his or her charge.


document_id: isa-1987
provision_ref: s20
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 20
title: Review Committees for approved centres
content:
20. —(1) The Minister must appoint for any approved centre or centres a Review Committee which has such functions as are conferred upon it by this Act. (2) Every Review Committee consists of a Chairperson, who must be a person registered under the Medical Registration Act 1997, and 5 other members. (3) The Chairperson and members of a Review Committee are appointed by the Minister for a term not exceeding 3 years, but may — ( a ) from time to time be re‑appointed; ( b ) at any time be removed from office by the Minister; or ( c ) at any time resign from their office in writing addressed to the Minister. (4) Three members of the Review Committee constitute a quorum at any meeting of the Committee. (5) The Chairperson presides at every meeting of the Review Committee at which he or she is present and in his or her absence the members present must elect one of their number to preside at the meeting. (6) Every question before the Review Committee is to be determined by a majority of the votes of the members present and voting thereon, and in the event of an equality of votes the Chairperson or the member presiding at the meeting has a casting vote in addition to his or her original vote. (7) Subject to the provisions of this Act, the Review Committee may determine its own procedure. (8) Any order of the Review Committee may be signed by the Chairperson or a member of the Committee.


document_id: isa-1987
provision_ref: s21
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 21
title: Review, discharge and transfer of inmates
content:
21. —(1) The Review Committee of an approved centre must keep the case of every inmate under review and must, as often as practicable, consider whether he or she should be discharged. (2) Despite any order made under section 17, the Director or the Review Committee of an approved centre may at any time by order in writing — ( a ) discharge any inmate; or ( b ) transfer any inmate from one approved centre to another approved centre. (3) The officer-in-charge of an approved centre may enter into an arrangement with the officer-in-charge of another approved centre for the transfer of any inmate to that other approved centre and may, subject to any direction given by the Director or the Review Committee, carry out any transfer in accordance with that arrangement, except that the whole period of detention for which the inmate was admitted to such approved centre must not be increased by the transfer. (4) On proof to his or her satisfaction that the presence at any place of an inmate is required in the interests of justice, or for the purpose of any inquiry, or in the public interest or in the interest of the inmate, the officer-in-charge of the relevant approved centre may order that the inmate be taken to that place.


document_id: isa-1987
provision_ref: s22
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 22
title: Power of Magistrate to inquire into complaints of misconduct or breach of duty
content:
22. —(1) Where a complaint is made on oath to a Magistrate that any person is improperly detained in an approved centre by reason of any misconduct or breach of duty on the part of any officer in the discharge of his or her functions pursuant to this Act, the Magistrate may — ( a ) inquire into the complaint himself or herself; or ( b ) direct a police officer to make an inquiry for the purpose of ascertaining the truth or falsehood of the complaint and report to the Magistrate the result of the inquiry. (2) Every inquiry under subsection (1) is to be conducted in private, except that the procedure for conducting any inquiry is to be such as the Magistrate considers appropriate in the circumstances of the case. (3) A Magistrate or a police officer conducting any inquiry under subsection (1) has all the powers conferred on him or her by the Criminal Procedure Code 2010 in relation to the attendance and examination of witnesses, the taking of evidence and the production of documents. (4) If, after considering the result of any such inquiry, the Magistrate is satisfied that any person who is detained in an approved centre ought not to be so detained, the Magistrate may make an order for the discharge of that person from the approved centre and that person must be discharged accordingly. (5) Any order or decision of the Magistrate made under this section is final. (6) No evidence taken for the purpose of any such inquiry is admissible in any civil or criminal proceedings, except where the person who gave that evidence is charged with giving or fabricating false evidence.


document_id: isa-1987
provision_ref: s23
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 23
title: Inmates deemed to be in legal custody
content:
23. —(1) Every inmate is deemed to be in the legal custody of the approved centre in which he or she is for the time being detained. (2) An inmate is deemed to be in legal custody — ( a ) while he or she is confined in, or is being taken to or from, an approved centre; ( b ) while he or she is for any other reason outside an approved centre in the custody or under the control of the officer-in-charge of the approved centre; or ( c ) while he or she is being taken to any place to which he or she is required or authorised by or under this Act to be taken, or is kept in custody pursuant to any such requirement or authorisation.


document_id: isa-1987
provision_ref: s24
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 24
title: Use of weapons
content:
24. —(1) Subject to this section, a prison officer may use any weapon against — ( a ) any inmate of any approved centre escaping or attempting to escape; ( b ) any person who does any act or attempts to do any act to facilitate the escape of an inmate of any approved centre; or ( c ) any person engaged in any attempt to damage or force or break open — (i) the outside door or gate or enclosure wall of any approved centre or any other part of an approved centre; or (ii) any part of any vehicle in which an inmate is conveyed. (2) A prison officer may use any weapon against — ( a ) any inmate of any approved centre engaged in any combined outbreak; and ( b ) any person engaged in any attempt to damage or force or break open — (i) the outside door or gate or enclosure wall of any approved centre or any other part of an approved centre; or (ii) any part of any vehicle in which an inmate is conveyed, and may continue to use the weapon so long as the combined outbreak or attempt is actually being prosecuted. (3) Every prison officer may use weapons against an inmate of any approved centre using violence against any prison officer or other person, if the prison officer has reasonable ground to believe that the prison officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to either of them. (4) A prison officer must not resort to the use of any weapon under subsection (1) unless the officer has reasonable ground to believe that he or she cannot otherwise prevent the escape of any inmate. (5) Before using any firearm against an inmate or other person referred to in subsection (1), the prison officer must give a warning to the inmate or that other person (as the case may be) that the prison officer is about to fire on him or her. (6) A prison officer must not, in the presence of his or her superior officer, use any firearm against an inmate or other person in the circumstances described in subsection (1) or (2) except under the orders of his or her superior officer. (7) The use of weapons under this section must be, as far as possible, to disable and not to kill. (8) Every police officer who is for the time being serving in the capacity of an escort, or of a guard in or around any approved centre, for the purpose of ensuring the safe custody of any inmate, is deemed to have all the powers and privileges granted to a prison officer under this section.


document_id: isa-1987
provision_ref: s25
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 25
title: Employment of auxiliary police officers as escorts and guards
content:
25. —(1) For the purpose of assisting him or her in the discharge of his or her duties under this Act, the Commissioner of Prisons may employ such number of auxiliary police officers as he or she considers fit as escorts or guards to ensure the safe custody of the inmates who are under his or her custody. [1/2014] (2) An inmate who is delivered into the custody of an auxiliary police officer under this section is deemed to be in legal custody within the meaning of section 23. (3) Every auxiliary police officer who is employed as an escort or a guard under subsection (1) has, in the course of carrying out his or her duties as an escort or a guard, have the same powers as a prison officer under section 24. (4) Every auxiliary police officer employed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871. (5) In this section, “auxiliary police officer” means a member of an auxiliary police force established under any other written law. [3/2005]


document_id: isa-1987
provision_ref: s26
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 26
title: Escape from legal custody of approved centre
content:
26. —(1) Any inmate who — ( a ) while undergoing treatment and rehabilitation in an approved centre escapes from the legal custody of the approved centre; ( b ) while the inmate is outside an approved centre escapes from the legal custody or control of an officer-in-charge of an approved centre; or ( c ) while the inmate is otherwise in the legal custody of any other person escapes from the legal custody of that person, shall be guilty of an offence. (2) Any person who — ( a ) knowingly assists, directly or indirectly, any inmate of an approved centre to escape from the approved centre; ( b ) induces any such inmate so to escape; or ( c ) knowing that any inmate has escaped from an approved centre, harbours or conceals, or assists in harbouring or concealing that inmate or causes or induces that inmate not to return to the approved centre, shall be guilty of an offence.


document_id: isa-1987
provision_ref: s26A
chapter: PART 4A - TAKING OF PHOTOGRAPHS, FINGER IMPRESSIONS,
section: 26A
title: Interpretation of this Part
content:
26A. —(1) In this Part, unless the context otherwise requires — “appropriate consent” means — ( a ) for a person 16 years of age or older, the written consent of that person; ( b ) for a person 14 years of age or older but below 16 years of age, the written consent of both that person and of his or her parent or guardian; and ( c ) for a person below 14 years of age, the written consent of his or her parent or guardian, given to — ( d ) a police officer or an officer of the Bureau in charge of the case; or ( e ) a prison officer, after that officer has informed the person concerned, his or her parent or guardian or both (as the case may be) of the purpose for which a body sample is required from such person and the manner by which such body sample is to be taken from him or her; “authorised analyst” means a person appointed by the Commissioner of Police to be an analyst for the purposes of this Part; “body sample” means — ( a ) a sample of blood; ( b ) a sample of head hair, including the roots thereof; ( c ) a swab taken from a person’s mouth; or ( d ) such other sample as may be prescribed under subsection (2); “DNA” means deoxyribonucleic acid; “DNA information” means genetic information derived from the forensic DNA analysis of a body sample; “finger impression” includes thumb impression and palmar impression; [ Deleted by Act 26 of 2022 wef 12/06/2023 ] “invasive sample” means any body sample that is obtained by means of any invasive procedure, but does not include any sample described in subsection (3); [Act 26 of 2022 wef 12/06/2023] “particulars”, in relation to a person, means any particulars, information or description of that person that may be relevant or useful in the identification of that person; “photograph”, in relation to a person, includes the photograph of any distinguishing feature or mark on the body of that person; “registered medical practitioner” has the meaning given by the Medical Registration Act 1997 and includes a dentist registered under the Dental Registration Act 1999. [3/2006; 22/2007] (2) Subject to subsection (3), the Minister may prescribe additional types of body samples that may be taken under section 26B. [3/2006] (3) The additional types of body samples that may be prescribed under subsection (2) must not include samples to be obtained from — ( a ) the genital or anal area of a person’s body; ( b ) a person’s body orifice other than the mouth; or ( c ) the breast of a woman. [3/2006]


document_id: isa-1987
provision_ref: s26B
chapter: PART 4A - TAKING OF PHOTOGRAPHS, FINGER IMPRESSIONS,
section: 26B
title:
Taking of photographs, finger impressions, particulars and body samples from person convicted, subject to supervision or in approved centres

content:
26B. —(1) Any police officer, prison officer, officer of the Bureau or person authorised by the Commissioner of Police may exercise all or any of the following powers in respect of any person mentioned in subsection (2): ( a ) take or cause to be taken photographs and finger impressions of such person; ( b ) make or cause to be made a record of the particulars of such person; ( c ) cause body samples of such person to be taken by a person authorised under section 26C(1); ( d ) send any photograph, finger impression, record of particulars or body sample so taken or made to the Commissioner of Police for identification and report. [3/2006] (2) The powers mentioned in subsection (1) may be exercised in respect of a person who on or after 1 March 2006 — ( a ) is convicted of or is serving a sentence of imprisonment for an offence under section 3(2), 4(2) or 13(3); ( b ) is subject to supervision pursuant to a supervision order made at any time (whether before, on or after that date) under section 16(1) or (2); or ( c ) is in an approved centre pursuant to an order made at any time (whether before, on or after that date) under section 17(1). [3/2006] (3) Every person mentioned in subsection (2) must — ( a ) submit to the taking of his or her photographs and finger impressions under subsection (1); ( b ) provide such particulars as may be required under subsection (1); and ( c ) subject to subsection (5), submit to the taking of his or her body samples by a person authorised under section 26C(1). [3/2006] (4) Where any person mentioned in subsection (2), without reasonable excuse, fails to comply with subsection (3) — ( a ) that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and ( b ) any police officer, prison officer, officer of the Bureau or person authorised by the Commissioner of Police may use such force as is reasonably necessary to take or cause to be taken the photographs, finger impressions and body samples of that person. [3/2006] (5) No — ( a ) sample of blood; or ( b ) invasive sample prescribed under section 26A(2), is to be taken from any person unless the appropriate consent is given for the taking of the sample. [3/2006] [Act 26 of 2022 wef 12/06/2023]


document_id: isa-1987
provision_ref: s26C
chapter: PART 4A - TAKING OF PHOTOGRAPHS, FINGER IMPRESSIONS,
section: 26C
title: Further provisions for taking of body samples
content:
26C. —(1) For the purposes of section 26B(1)( c ), a body sample may only be taken by — ( a ) a registered medical practitioner; ( b ) a police officer, a prison officer or an officer of the Bureau who has received training for the purpose; or ( c ) any other suitably qualified or trained person who is duly appointed in writing by the Commissioner of Police as an authorised person for the purpose. [3/2006] (2) Before taking any body sample, the person authorised under subsection (1) to take the sample must satisfy himself or herself that the taking of the sample does not endanger the person from whom the sample is to be taken. [3/2006] (3) The fact that a body sample has been taken must be recorded by the person who took the sample in such form or manner as may be required by the Commissioner of Police. [3/2006] (4) Every body sample taken must be sent to an authorised analyst for forensic DNA analysis. [3/2006]


document_id: isa-1987
provision_ref: s26D
chapter: PART 4A - TAKING OF PHOTOGRAPHS, FINGER IMPRESSIONS,
section: 26D
title: Retention of photographs, finger impressions, particulars and body samples taken
content:
26D. —(1) The Commissioner of Police must cause to be maintained — ( a ) a register (whether in a computerised form or otherwise) in which is stored all photographs, finger impressions and particulars of a person taken under section 26B; and ( b ) a DNA database (whether in a computerised form or otherwise) in which is stored all DNA information derived from a body sample taken from a person under section 26B. [3/2006] (2) Any information stored in the register and the DNA database under subsection (1) may be used for all or any of the following purposes: ( a ) for comparison with any other information or any other DNA information (as the case may be) obtained in the course of an investigation of an offence conducted by a police officer or an officer of the Bureau; ( b ) for comparison with information in the register of criminals or identification database maintained under section 4 or 29 of the Registration of Criminals Act 1949 or with DNA information in the DNA database maintained under section 31 of that Act, as the case may be; [Act 26 of 2022 wef 12/06/2023] ( c ) for comparison with information or DNA information (as the case may be) in the register or DNA database, respectively, established under — (i) section 27C of the Criminal Law (Temporary Provisions) Act 1955; or (ii) section 40D of the Misuse of Drugs Act 1973; ( d ) for any proceedings for any offence; ( e ) for administering the register and DNA database for the purposes of this Act; ( ea ) for any investigation into a death conducted by a police officer, a Coroner or a forensic pathologist (including a post‑mortem examination) or any inquiry into any death held by a Coroner, under the Coroners Act 2010; [Act 26 of 2022 wef 12/06/2023] ( eb ) for identifying a dead person or any part of a person; [Act 26 of 2022 wef 12/06/2023] ( ec ) for identifying a person in order to provide police assistance to the person; [Act 26 of 2022 wef 12/06/2023] ( f ) for such other purposes as may be prescribed. [3/2006] (3) For the purposes of subsection (2)( d ) — ( a ) any photograph, finger impression or particulars stored in the register under subsection (1)( a ); ( b ) any DNA information stored in the DNA database under subsection (1)( b ); and ( c ) any certificate or report purporting to have been compiled or made from information stored in the register or DNA database maintained under subsection (1), is, if produced from proper custody and authenticated by the signature of the Commissioner of Police or a police officer authorised by the Commissioner of Police, admissible in evidence in any proceedings without proof of signature and, until the contrary is proved, is proof of all matters contained therein. [3/2006]


document_id: isa-1987
provision_ref: s27
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 27
title: Committee of inquiry
content:
27. —(1) Where it is expedient that the Minister, or such other person as the Minister may appoint to exercise the powers conferred upon the Minister by sections 28, 35 and 37, should be informed on any matter connected with the discipline, administration or functions of any approved centre or affecting any inmate, the Minister or the person appointed by the Minister may convene a committee of inquiry. (2) A committee of inquiry must inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter. (3) In this section and in sections 28, 35 and 37, “Minister” includes the person appointed by the Minister under subsection (1) to act on his or her behalf for the purposes of this section and sections 28, 35 and 37.


document_id: isa-1987
provision_ref: s28
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 28
title: Composition of committee of inquiry
content:
28. —(1) A committee of inquiry consists of one or more persons who are to be appointed by the Minister. (2) Where a committee of inquiry consists of more than one person, the Minister must appoint one of the members to be the chairperson. (3) Where a committee of inquiry consists of one member only, he or she is vested with the powers of a chairperson. (4) Every member of a committee of inquiry appointed under this section is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: isa-1987
provision_ref: s29
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 29
title: Powers of committee of inquiry
content:
29. A committee of inquiry may — ( a ) summon any person to give evidence on oath or on affirmation or to produce any document or material necessary for the purpose of the inquiry; and ( b ) visit any place in order to inquire into any matter which may arise in the course of the inquiry.


document_id: isa-1987
provision_ref: s30
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 30
title: Disobedience to summons
content:
30. —(1) A person who is summoned to give evidence before a committee of inquiry must not, without lawful excuse, fail to appear in obedience to the summons. (2) A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry must not, without lawful excuse, fail to produce the document or material. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: isa-1987
provision_ref: s31
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 31
title: Refusal to give evidence
content:
31. —(1) A person who appears before a committee of inquiry must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, which he or she is lawfully required to produce or answer. (2) Any person 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 6 months or to both.


document_id: isa-1987
provision_ref: s32
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 32
title: Giving of false evidence
content:
32. Every person who wilfully gives false evidence when examined on oath or on affirmation before a committee of inquiry 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 7 years or to both.


document_id: isa-1987
provision_ref: s33
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 33
title: Evidence and procedure
content:
33. Except as otherwise provided in this Act, a committee of inquiry is not bound by the rules of evidence and may act in such manner as the committee of inquiry thinks most expedient.


document_id: isa-1987
provision_ref: s34
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 34
title: Admissibility of evidence
content:
34. No statement made in the course of any inquiry and no report of a committee of inquiry is admissible as evidence in proceedings other than proceedings, whether criminal or disciplinary, for an offence of giving or fabricating false evidence under any written law.


document_id: isa-1987
provision_ref: s35
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 35
title: Proceedings not open to public
content:
35. —(1) A committee of inquiry must not sit in public. (2) No person is allowed to attend the proceedings of a committee of inquiry, or address the committee of inquiry, except with the chairperson’s permission or if the Minister so directs.


document_id: isa-1987
provision_ref: s36
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 36
title: Persons who may be affected by findings
content:
36. —(1) Where it appears to a committee of inquiry that any witness or person involved in the supervision or administration of an approved centre may be adversely affected by its findings, the committee must notify him or her and give him or her an opportunity to be present at the proceedings of the committee of inquiry or at such part thereof as the chairperson may specify. (2) The person notified under subsection (1) must be allowed to give evidence and examine any witness.


document_id: isa-1987
provision_ref: s37
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 37
title: Record of proceedings
content:
37. —(1) The chairperson must record or cause to be recorded in writing the proceedings of the committee of inquiry. (2) The evidence of each witness before a committee of inquiry must be read over to him or her and must be signed by him or her. (3) A record of the proceedings of a committee of inquiry must be signed by the chairperson and the members of the committee (if any) and forwarded to the Minister. (4) The record of proceedings of a committee of inquiry or any part thereof or any information relating thereto must be kept confidential and must not be released to any person, other than a member of the committee, without the Minister’s written permission.


document_id: isa-1987
provision_ref: s38
chapter: PART 5 - COMMITTEE OF INQUIRY
section: 38
title: Offence to influence or attempt to influence committee of inquiry
content:
38. Every person who, otherwise than in the course of duty, directly or indirectly by himself or herself or by any other person in any manner whatsoever influences or attempts to influence any decision of a committee of inquiry or any member of a committee of inquiry 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 6 months or to both.


document_id: isa-1987
provision_ref: s39
chapter: PART 6 - GENERAL
section: 39
title: General penalty
content:
39. Any person who is guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: isa-1987
provision_ref: s40
chapter: PART 6 - GENERAL
section: 40
title: Indemnity
content:
40. —(1) The Government shall not be liable to make good any damage caused to any goods or property as a result of an entry, search or detention under the provisions of this Act unless the damage is caused by the wilful neglect or default of an officer employed by the Government. (2) In the event of any dispute as to the amount of any damage so caused, the amount is to be summarily ascertained and determined by a District Court or a Magistrate’s Court.


document_id: isa-1987
provision_ref: s41
chapter: PART 6 - GENERAL
section: 41
title: Protection of persons acting under authority of Act
content:
41. Any person who does any act in pursuance or intended pursuance of any of the provisions of this Act shall not be subject to any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, mistake of law or fact, or any other ground, unless he or she has acted in bad faith or without reasonable care.


document_id: isa-1987
provision_ref: s42
chapter: PART 6 - GENERAL
section: 42
title: Offences by body corporate
content:
42. Where any offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he or she as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against accordingly.


document_id: isa-1987
provision_ref: s43
chapter: PART 6 - GENERAL
section: 43
title: Regulations
content:
43. —(1) The Minister may make regulations for any purpose for which regulations may be made under this Act and for prescribing anything which may be prescribed under this Act and generally for the purpose of carrying this Act into effect. (2) Without limiting subsection (1), the Minister may make regulations with respect to any of the following matters: ( a ) providing for the treatment and rehabilitation of persons who use or inhale intoxicating substances for the purpose of inducing or causing in themselves a state of intoxication; ( b ) providing for the supervision and aftercare of persons who have undergone treatment and rehabilitation at any approved centre or who have been convicted of an offence under section 3; ( c ) providing for the management, maintenance and inspection of approved centres; ( d ) prescribing the functions and procedure of Review Committees; ( e ) providing for the control, discipline and occupation of inmates, including the imposition of corporal punishment; ( f ) prescribing the appointment and duties of officers of approved centres; ( g ) prescribing the punishment by a fine not exceeding $2,000 or imprisonment for a term not exceeding 6 months or both to be imposed on conviction for a breach of any regulations.


document_id: iseasyiia-1968
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Trustees of the Institute constituted under section 4; “Chairperson” means the Chairperson of the Board appointed under section 4; “Director” means the Director of the Institute, and includes any individual acting in that capacity; “Institute” means the ISEAS – Yusof Ishak Institute established under section 3; “regulations” means regulations made by the Executive Committee under section 14. [23/2015; 5/2018]


document_id: iseasyiia-1968
provision_ref: s3
section: 3
title: Establishment of Institute
content:
3. For the promotion of research on Southeast Asia and on all matters appertaining to Southeast Asia, there is established an Institute styled “the ISEAS – Yusof Ishak Institute”. [23/2015]


document_id: iseasyiia-1968
provision_ref: s4
section: 4
title: Constitution of Board of Trustees
content:
4. —(1) A body corporate called the Board of Trustees of the Institute is constituted, which — ( a ) has perpetual succession; ( b ) has a common seal; and ( c ) may sue and be sued in its corporate name. [23/2015] (2) The Board consists of a Chairperson, a Deputy Chairperson and 12 other members to be appointed by the Minister. [23/2015] (3) The Director is an ex‑officio member of the Board. (4) The Chairperson, the Deputy Chairperson and other members appointed by the Minister under subsection (2) hold office for a period of up to 3 years, unless the Minister otherwise directs, and are eligible for re‑appointment. [23/2015] (5) The Minister may at any time revoke an appointment made under subsection (2). (6) Any member of the Board may resign from the Board by giving written notice to that effect addressed to the Chairperson and as from the date the Chairperson receives the notice the member ceases to be a member. (7) If the Chairperson is absent from any meeting of the Board, the Deputy Chairperson must chair the meeting. (8) The Board may grant leave of absence to any member of the Board. (9) Any member absent from 4 consecutive meetings of the Board without having obtained leave of absence from the Board is considered as having resigned from the Board. (10) If a vacancy occurs in the membership of the Board by the death, resignation or revocation of appointment of a member or otherwise, the Minister may appoint any person to fill the vacancy, and any person so appointed holds office for so long as the member in whose place the person is appointed would have held office. [23/2015] (11) The Board must meet at least once a year.


document_id: iseasyiia-1968
provision_ref: s5
section: 5
title: Powers of Board
content:
5. The Board has power — ( a ) to receive and approve the annual report and accounts of the Institute; ( b ) to approve the budget and research programme of the Institute; ( c ) to set up endowment funds and other funds for a specific purpose or specific purposes; and ( d ) generally to do all matters and things that may be incidental to or consequential upon the exercise of its powers or the discharge of its functions under this Act.


document_id: iseasyiia-1968
provision_ref: s5A
section: 5A
title: Directions by Minister
content:
5A. The Minister may give to the Institute any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018]


document_id: iseasyiia-1968
provision_ref: s6
section: 6
title: Quorum
content:
6. —(1) Every question before the Board at any meeting is to be decided by a majority of the votes of the members present. (2) Five members of the Board constitute a quorum at any meeting. [23/2015] (3) The person chairing any meeting has an original vote and, in the case of an equality of votes, a casting vote. 7. [ Repealed by Act 23 of 2015 ]


document_id: iseasyiia-1968
provision_ref: s8
section: 8
title: Power of Board to enter into contracts and to hold property
content:
8. —(1) The Board may enter into any contract that may be necessary or expedient for carrying into effect the provisions of this Act. (2) The Board may acquire and hold any movable or immovable property that may be necessary or expedient for carrying into effect the provisions of this Act and, for the same purposes, may sell, lease, mortgage, or otherwise alienate or dispose of any property so acquired.


document_id: iseasyiia-1968
provision_ref: s9
section: 9
title: Power of Board to borrow and invest
content:
9. —(1) The Board may borrow at interest on the security of any movable or immovable property of the Board any moneys that it may think necessary or expedient. (2) The Board may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. (3) The Board may do anything incidental or appertaining to a body corporate.


document_id: iseasyiia-1968
provision_ref: s9A
section: 9A
title: Issue of shares, etc.
content:
9A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: iseasyiia-1968
provision_ref: s10
section: 10
title: Use of common seal
content:
10. —(1) The common seal of the Board must be in the custody of the Director. (2) The common seal must not be affixed to any instrument except in the presence of — ( a ) the Chairperson or a member of the Board designated by the Chairperson; and ( b ) the Director or a member of the Executive Committee designated by the Director, and not until the Chairperson or the member of the Board and the Director or the member of the Executive Committee have signed their names to the instrument in token of their presence.


document_id: iseasyiia-1968
provision_ref: s11
section: 11
title: Grants-in-aid
content:
11. —(1) The Minister may authorise the payment of grants‑in‑aid to the Institute. [23/2015; 5/2018] (2) All moneys provided for under subsection (1) may be applied or expended by the Institute for all or any of the purposes of the Institute. 11A. [ Repealed by Act 5 of 2018 ]


document_id: iseasyiia-1968
provision_ref: s12
section: 12
title: Appointment, powers and duties of Director
content:
12. —(1) There must be a chief executive of the Institute called the Director, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Director is the chief administrative and academic officer of the Institute and is responsible for — ( a ) the proper administration of the Institute in accordance with the policy of the Board; ( b ) the academic and research management of the Institute in accordance with the policy of the Board; ( c ) the proper enforcement of the regulations; and ( d ) the discipline of the fellows of the Institute, and for those purposes the Director has, subject to the provisions of this Act, all powers that are necessary or advantageous and proper. (3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Director during any period, or during all periods, when the Director is — ( a ) absent from duty or Singapore; or ( b ) for any reason, unable to perform the duties of the office. [5/2018] (4) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on the terms and conditions that it may determine, any other officers, employees, consultants and agents that may be necessary for the effective performance of its functions. [5/2018]


document_id: iseasyiia-1968
provision_ref: s13
section: 13
title: Constitution of Executive Committee
content:
13. —(1) The Board must appoint an Executive Committee for carrying out the objects of this Act or any part thereof that it may consider necessary. (2) The Executive Committee consists of — ( a ) the Director, who is its chairperson; ( b ) 3 members to be appointed by the Board from among the members of the Board; ( c ) 3 members to be appointed by the Minister; and ( d ) 3 members to be appointed by the Director from among the staff of the Institute. (3) The Chairperson may, in consultation with the Director, appoint a member of the Executive Committee to preside at meetings of the Executive Committee in the absence of the Director. (4) Five members of the Committee form a quorum at any meeting.


document_id: iseasyiia-1968
provision_ref: s14
section: 14
title: Powers of Executive Committee
content:
14. —(1) It is the duty of the Executive Committee, in the exercise of its powers and in the performance of its functions, to act in the manner that appears to it best calculated to promote the aims and interests of the Institute. (2) The functions of the Executive Committee include the carrying on of all such activities and the doing of all such things as are necessary or advantageous and proper for the government, control and general administration of the Institute and of the assets of the Institute and, without limiting the foregoing, include — ( a ) the authorisation of the appropriate and necessary expenditure within the limits of the funds available to the Institute; ( b ) the preparation of an annual report on the workings of the Institute, and the preparation of the annual estimates and of the annual statements of account in accordance with this Act or any rules made under this Act; ( c ) the appointment of the senior research staff and the senior administrative staff of the Institute and the appointment of any advisers that the Director may consider necessary or desirable; ( d ) the making, subject to the approval of the Board, of regulations relating generally to the academic management of the Institute and in particular to — (i) the qualifications necessary for entrance to the Institute, the duration and number of the Institute terms, the award of certificates and diplomas to the fellows of the Institute and the revocation of any certificates or diplomas so awarded; (ii) the institution of other posts and offices and appointments to such posts and offices; (iii) the establishment of an Institute printing press and the publishing of books and other publications; (iv) the erection, equipment and maintenance of libraries, laboratories, museums, lecture halls and all other buildings required for the purposes of the Institute whether in Singapore or elsewhere; (v) the institution and award of fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and forms of assistance towards the advancement and dissemination of knowledge on Southeast Asia; (vi) the relationship between the Institute on the one hand and schools, colleges, universities and other academic institutions, both in Singapore and abroad, on the other; and (vii) the fees to be payable at the Institute; ( e ) the making of regulations relating to — (i) the procedure in regard to meetings of the Executive Committee and of any committee duly appointed by it under the provisions of this Act; (ii) the setting up, membership and functions of advisory committees and the procedure in regard to the meetings of the advisory committees; and (iii) the powers and functions of the officers of the Institute and of any committee duly appointed by it under the provisions of this Act; ( f ) the provision of pensions, superannuation or provident fund schemes for the benefit of the Institute’s employees or any section of its employees, and the making of arrangements for the establishment of those schemes; ( g ) the provision and regulation of residences for officers, staff and fellows of the Institute and the welfare and discipline of staff and fellows; and ( h ) the demand and receipt of any fees that may from time to time be prescribed by regulations. (3) The Executive Committee may appoint from among its own number any committees either of a general or special nature and consisting of any number of persons that the Executive Committee may think fit for any purposes which in the opinion of the Executive Committee would be better regulated by those committees. (4) The proceedings of every committee must be recorded in writing and must be open to inspection to any member of the Executive Committee or any member of the committee at any time. (5) Any committee has full power to act on any resolution passed by it within the scope of the power delegated to it by the Executive Committee under subsection (3) and all decisions of the committee must be reported to the Executive Committee.


document_id: iseasyiia-1968
provision_ref: s15
section: 15
title: Power to make rules
content:
15. —(1) The Minister may make any rules that may be necessary. (2) In particular and without limiting subsection (1), the rules may provide for all or any of the following matters: ( a ) the powers and functions of the Board; ( b ) the preparation, audit and submission to the Minister of estimates, budgets, accounts and other information pertaining to the Institute; ( c ) the terms and conditions of transfer to the Institute of holders of pensionable appointments in the public service. (3) The rules must be published in the Gazette and must be presented to Parliament as soon as possible after publication.


document_id: iseasyiia-1968
provision_ref: s16
section: 16
title: Power of Board to accept gifts
content:
16. —(1) The Board may on behalf of the Institute accept by way of grant, gift, testamentary disposition or otherwise, property and moneys in aid of the finances of the Institute on any conditions that it may determine. (2) Registers must be kept of all donations to the Institute, including the names of donors and any special conditions on which any donation may have been given. (3) All property, moneys or funds donated for any specific purposes must be applied and administered in accordance with the purposes for which they have been donated and must be separately accounted for.


document_id: iseasyiia-1968
provision_ref: s17
section: 17
title: Protection from personal liability
content:
17. No liability is to lie personally against any member of the Board, employee of the Institute or other person acting under the direction of the Institute who, acting in good faith and with reasonable care, does or omits to do anything in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function or duty under this Act. [23/2015]


document_id: ita-1947
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the subject or context otherwise requires — “account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Comptroller to that person for the storage and retrieval of electronic records relating to that person; “accountant” means a public accountant within the meaning of the Accountants Act 2004; “advocate and solicitor” means an advocate and solicitor within the meaning of the Legal Profession Act 1966; “annual value” has the meaning given by section 2 of the Property Tax Act 1960, and is to be ascertained in the same manner as annual value is ascertained under that Act; “approved pension or provident fund or society” means a pension or provident fund or society approved by the Comptroller under section 5; [ Deleted by Act 33 of 2022 wef 26/04/2024 ] “basis period” for any year of assessment means the period on the profits of which tax for that year falls to be assessed; “body of persons” means any body politic, corporate or collegiate, any corporation sole and any fraternity, fellowship or society of persons whether corporate or unincorporate but does not include a company or a partnership; “Commonwealth”, in relation to a country, means any country recognised by the President to be a Commonwealth country and “part of the Commonwealth” means any Commonwealth country, colony, protectorate or protected state or any other territory administered by the government of any Commonwealth country; “company” means any company incorporated or registered under any law in force in Singapore or elsewhere; “Comptroller” means the Comptroller of Income Tax appointed under section 3(1) and includes, for all purposes of this Act except the exercise of the powers conferred upon the Comptroller by sections 34F(9), 37L(7), 37M(5), 37S(8), 67(1)( a ), 95, 96, 96A and 101, a Deputy Comptroller or an Assistant Comptroller so appointed; [Act 30 of 2023 wef 30/10/2023] “country” includes a territory; “crops” includes any form of vegetable produce; “DTT” means the domestic top-up tax imposed under the MMT Act; [Act 36 of 2024 wef 20/03/2025] “earned income” means the statutory income of an individual reduced by any deduction made under section 37(3)( a ) or 37D or claimed under section 37C (excluding any donation referred to in section 37C(8)( c )) or 37E from — ( a ) gains or profits from any trade, business, profession, vocation or employment on which tax is payable under section 10(1), where the Comptroller is satisfied that such gains or profits are immediately derived from the carrying on or exercise by such individual of such trade, business, profession, vocation or employment; and ( b ) any pension on which tax is payable under section 10(1)( e ) given to the individual in respect of the past services of such individual or any deceased individual; “electronic record” has the meaning given by the Electronic Transactions Act 2010; “electronic service” means the system established under section 29 of the Inland Revenue Authority of Singapore Act 1992; [Act 33 of 2022 wef 26/04/2024] “employee” — ( a ) in relation to a company, includes a director of the company; and ( b ) in relation to a statutory board, includes the chairperson and any member of the statutory board, and “employer” and other cognate expressions are to be construed accordingly; “excluded top-up tax” means — ( a ) a qualified IIR, or a tax imposed by the law of a jurisdiction other than Singapore that is substantially similar to any qualified IIR; or ( b ) a qualified UTPR, or a tax imposed by the law of a jurisdiction other than Singapore that is substantially similar to any qualified UTPR; [Act 36 of 2024 wef 20/03/2025] “executor” means any executor, administrator or other person administering the estate of a deceased person; “Fund Manager” or “fund manager” means a company holding a capital markets services licence under the Securities and Futures Act 2001 for fund management or that is exempted under that Act from holding such a licence; “goods” includes currency and specie; “Group A worker” and “Group B worker” have the meanings given in the Fourth Schedule to the Central Provident Fund Act 1953; [Act 30 of 2024 wef 01/01/2025] “harvesting” includes the collection of crops, however effected; “Hindu joint family” means what in any system of law prevailing in India is known as a Hindu joint family or a co‑parcenary; “holding company” has the meaning given by section 5 of the Companies Act 1967; [Act 33 of 2022 wef 04/11/2022] “incapacitated person” means an individual — ( a ) who is below 21 years of age; or ( b ) who lacks capacity to make a decision for himself or herself in relation to any matter at the material time because of an impairment of, or a disturbance in the functioning of, the mind or brain, whether such impairment or disturbance is permanent or temporary; “information subject to legal privilege” means — ( a ) communications between an advocate and solicitor and his or her client or any person representing his or her client made in connection with the giving of legal advice to the client; and ( b ) communications between — (i) an advocate and solicitor and his or her client or any person representing his or her client; or (ii) an advocate and solicitor or his or her client or any such representative and any other person, made in connection with, or in contemplation of, judicial proceedings and for the purposes of such proceedings, when such communications are in the possession of a person who is entitled to possession of them, but excluding, in any case, any communications made with the intention of furthering a criminal purpose; “institution of a public character” has the meaning given by the Charities Act 1994; “issued shares” excludes treasury shares; “life annuity” means an annuity payable under a policy issued to an SRS member for a term ending with, or at a time ascertainable only by reference to, the end of his or her life; “limited liability partnership” means any limited liability partnership incorporated or registered under any law in force in Singapore or elsewhere; “limited partnership” means a limited partnership registered or formed under any law in force in Singapore or elsewhere; “MMT Act” means the Multinational Enterprise (Minimum Tax) Act 2024; [Act 36 of 2024 wef 20/03/2025] “MTT” means the multinational enterprise top-up tax imposed under the MMT Act; [Act 36 of 2024 wef 20/03/2025] “offshore mineral” means mineral from the seabed or that is dissolved in sea water; “offshore renewable energy” means — ( a ) ocean thermal power; ( b ) offshore geothermal power; ( c ) offshore solar power; ( d ) offshore wind power; ( e ) osmotic power; ( f ) tidal power; or ( g ) wave power; “permanent establishment” means a fixed place where a business is wholly or partly carried on including — ( a ) a place of management; ( b ) a branch; ( c ) an office; ( d ) a factory; ( e ) a warehouse; ( f ) a workshop; ( g ) a farm or plantation; ( h ) a mine, oil well, quarry or other place of extraction of natural resources; ( i ) a building or work site or a construction, installation or assembly project, and without limiting the foregoing, a person is deemed to have a permanent establishment in Singapore if that person — ( j ) carries on supervisory activities in connection with a building or work site or a construction, installation or assembly project; or ( k ) has another person acting on that person’s behalf in Singapore who — (i) has and habitually exercises an authority to conclude contracts; (ii) maintains a stock of goods or merchandise for the purpose of delivery on behalf of that person; or (iii) habitually secures orders wholly or almost wholly for that person or for such other enterprises as are controlled by that person; “person” includes a company, body of persons and a Hindu joint family; “plantation” means any land used for the growing and harvesting of crops; “platform operator” and “platform worker” have the meanings given respectively by sections 4 and 5(1) of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “prescribed” means prescribed by rules or regulations made under this Act; “prescribed minimum retirement age” has the meaning given by the Retirement and Re‑employment Act 1993; “private hire car” means a motor car — ( a ) that is used as a private hire car within the meaning of the Road Traffic Act 1961; and ( b ) in respect of which a licence is issued under Part 5 of that Act for such use; “professional visit pass” means a professional visit pass issued by the Controller of Immigration under the Immigration Regulations; “qualified domestic minimum top-up tax” has the meaning given by section 2(1) of the MMT Act, and includes a tax imposed by the law of a jurisdiction other than Singapore that is substantially similar to any qualified domestic minimum top-up tax; [Act 36 of 2024 wef 20/03/2025] “qualified IIR” and “qualified UTPR” have the meanings given by section 2(1) of the MMT Act; [Act 36 of 2024 wef 20/03/2025] “related party”, in relation to a person ( A ), means any person — ( a ) who directly or indirectly controls A ; ( b ) who is being controlled directly or indirectly by A ; or ( c ) who, together with A , is directly or indirectly under the control of a common person; [Act 33 of 2022 wef 04/11/2022] “renewable energy” means — ( a ) thermal power; ( b ) geothermal power; ( c ) solar power; ( d ) wind power; ( e ) osmotic power; ( f ) tidal power; ( g ) wave power; or ( h ) hydropower; [Act 25 of 2025 wef 19/02/2025] “replanting” means the replacement of the crop of any product on any area of land by the planting on the same area — ( a ) of a crop of the same product; or ( b ) of a crop of a different product approved by the Minister; “research and development” means any systematic, investigative and experimental study that involves novelty or technical risk carried out in the field of science or technology with the object of acquiring new knowledge or using the results of the study for the production or improvement of materials, devices, products, produce, or processes, but does not include — ( a ) quality control or routine testing of materials, devices or products; ( b ) research in the social sciences or the humanities; ( c ) routine data collection; ( d ) efficiency surveys or management studies; ( e ) market research or sales promotion; ( f ) routine modifications or changes to materials, devices, products, processes or production methods; or ( g ) cosmetic modifications or stylistic changes to materials, devices, products, processes or production methods; “research and development organisation” means a body or an organisation which provides research and development services for any trade or business; “resident in Singapore” — ( a ) in relation to an individual, means a person who, in the year preceding the year of assessment, resides in Singapore except for such temporary absences therefrom as may be reasonable and not inconsistent with a claim by such person to be resident in Singapore, and includes a person who is physically present or who exercises an employment (other than as a director of a company) in Singapore for 183 days or more during the year preceding the year of assessment; and ( b ) in relation to a company or body of persons, means a company or body of persons the control and management of whose business is exercised in Singapore; “specially authorised officer” means an officer authorised under section 4(5) to exercise the powers mentioned in that provision; “SRS account” means an account opened with an SRS operator by an SRS member; “SRS contribution cap”, in relation to an SRS member, means the maximum contribution prescribed under section 10G that may be made by the member to his or her SRS account in any year under the SRS; “SRS member” means a member of the Supplementary Retirement Scheme; “SRS operator” means any company app


document_id: ita-1947
provision_ref: s2A
chapter: PART 1 - PRELIMINARY
section: 2A
title: Purpose of Act
content:
2A. —(1) Income tax is charged in accordance with this Act on the income of a person accruing in or derived from Singapore or received in Singapore from outside Singapore, or on such amounts deemed to be chargeable as such income under this Act. (2) Income tax (namely, DTT and MTT) is also charged in accordance with the MMT Act on the income of a multinational enterprise group for the following purposes: ( a ) to implement the Global Anti-Base Erosion Model Rules (Pillar 2) relating to the top-up tax under the income inclusion rule (IIR); ( b ) to implement a domestic top-up tax that is intended to be a qualified domestic minimum top-up tax (QDMTT) within the meaning of those Rules. (3) The liabilities of a person to the taxes mentioned in subsections (1) and (2) are cumulative. (4) Sections 2 (except for definitions of terms used in provisions applied under subsection (6) insofar as not modified by the MMT Act), 3A, 5, 7, Parts 3 to 15 (except section 57), sections 62 to 63, 66 to 71, Part 17, sections 81, 82, 84, 85, 86, 88, 91 to 92L, 93, 93AA, 93A, 93C, 94 to 101, 102A, 103, 104, 104A, Parts 20A, 20B and 21, and the Schedules do not apply in relation to DTT and MTT. [Act 25 of 2025 wef 08/12/2025] (5) Subsection (4) does not affect the operation of — ( a ) section 15(1)( g ) (in relation to the disallowance of deductions for DTT and MTT); and ( b ) section 49 (in relation to arrangements for relief from double taxation for DTT, and any tax of a similar character imposed by the laws of another country). (6) The provisions of this Act not disapplied by subsection (4) apply in relation to DTT and MTT, but only in accordance with the MMT Act. [Act 36 of 2024 wef 20/03/2025]


document_id: ita-1947
provision_ref: s3
chapter: PART 2 - ADMINISTRATION
section: 3
title: Appointment of Comptroller and other officers
content:
3. —(1) For the due administration of this Act, the Minister may appoint a Comptroller of Income Tax, and such Deputy Comptrollers, Assistant Comptrollers and other officers and persons as may be necessary. [Act 5 of 2025 wef 09/03/2025] (2) The Minister may appoint a Senior Investigation Officer, Income Tax, and may authorise such officer to exercise all or such of the powers of the Comptroller under this Act as may be specified but without prejudice to the exercise by the Comptroller of such powers. [Act 5 of 2025 wef 09/03/2025] (3) An appointment under subsection (1) or (2), and any authorisation under subsection (2), must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: ita-1947
provision_ref: s3A
chapter: PART 2 - ADMINISTRATION
section: 3A
title: Assignment of function or power to public body
content:
3A. —(1) This section applies where the Minister, after consultation with the responsible Minister of a public body, by notification in the Gazette assigns a function or power under a provision of this Act or any subsidiary legislation made under this Act (called in this section an incentive provision) to the public body. [41/2020] (2) Starting on the date the Minister assigns a function or power under an incentive provision to a public body in accordance with subsection (1), a reference in that incentive provision to an authorised body is to the public body. [41/2020] (3) The public body, when carrying out a function or exercising a power under an incentive provision, is treated as carrying out a function or exercising a power conferred on the public body under the Act that establishes it. [41/2020] (4) The public body must carry out a function or exercise a power under an incentive provision in accordance with any directions given by the Minister. [41/2020] (5) A member of the public body who is not from the public sector must not be involved in the carrying out of a function or exercise of a power under an incentive provision by the public body. [41/2020] (6) The public body must not delegate a function or power under an incentive provision to any of its members, or any other person, who is not from the public sector. [41/2020] (7) Without affecting any obligation as to secrecy or other restriction against the disclosure of information imposed by any law or contract — ( a ) a member of the public body who is from the public sector; or ( b ) a person to whom a function or power under an incentive provision has been delegated, that receives or obtains information relating to a person for the purposes of an incentive provision, must not disclose or provide access to such information to a member of the public body, or any other person, who is not from the public sector. [41/2020] (8) Subsection (7) does not apply to the following information: ( a ) information the disclosure of which has been approved by the Minister; ( b ) information relating to a person — (i) for which consent for disclosure has been obtained from the person; or (ii) that is already in the possession of the public body; ( c ) information that is publicly available. [41/2020] (9) The public body may carry out a function or exercise a power under an incentive provision despite the absence of a quorum at any meeting of the public body because of subsection (5) or (7), and the absence of a quorum does not affect the validity of anything done by the public body at the meeting. [41/2020] (10) An assignment of a function or power under an incentive provision in accordance with subsection (1) does not affect or prevent the carrying out of any function or exercise of any power by the Minister. [41/2020] (11) In this section — ( a ) a person is from the public sector if the person is a public officer or an employee of a public body; and ( b ) “public body” and “responsible Minister”, in relation to a public body, have the meanings given by section 2(1) of the Public Sector (Governance) Act 2018. [41/2020]


document_id: ita-1947
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Powers of Comptroller
content:
4. —(1) The Comptroller may, in writing, authorise any person, within or without Singapore, to perform or to assist in the performance of any specific duty imposed upon the Comptroller by this Act. [Act 5 of 2025 wef 09/03/2025] (2) Subject to such conditions as the Comptroller may specify, the Comptroller may direct that any information, return or document required to be supplied, forwarded or given to the Comptroller may be supplied to such other person, being a person who has made and subscribed a declaration of secrecy in accordance with section 6(1), as the Comptroller may direct. [Act 5 of 2025 wef 09/03/2025] (2A) Any direction under subsection (2) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (3) The Comptroller is responsible for the assessment and collection of tax and must pay all amounts collected in respect thereof into the Consolidated Fund. (4) The Comptroller may specify the form of any return, claim, statement or notice to be made or given under this Act. (5) The Comptroller may further authorise a person authorised under subsection (1) to investigate offences under this Act, to exercise any power in sections 65B(1A), (1B), (1C) and (1D), 65F, 65G, 65H and 65I. [45/2018]


document_id: ita-1947
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Approved pension or provident fund or society
content:
5. The Comptroller may, subject to such conditions as the Comptroller may think fit to impose, approve any pension or provident fund or society for the purposes of this Act and may (without prejudice to the exercise of any power in that behalf conferred on the Comptroller by any condition so imposed) at any time withdraw any approval previously given in respect of any such fund or society.


document_id: ita-1947
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Official secrecy
content:
6. —(1) Every person having any official duty or being employed in the administration of this Act must regard and deal with all documents, information, returns, assessment lists and copies of such lists relating to the income or items of the income of any person, as secret and confidential, and must make and subscribe a declaration in the form prescribed to that effect before the Comptroller or a Magistrate. (2) Every person having possession of or control over any documents, information, returns, assessment lists or copies of such lists relating to the income or items of income of any person, who at any time otherwise than for the purpose of this Act or with the express authority of the President — ( a ) communicates or attempts to communicate such information or anything contained in such documents, returns, lists or copies to any person; or ( b ) suffers or permits any person to have access to any such information or to anything contained in such documents, returns, lists or copies, shall be guilty of an offence. (3) A person appointed under, or employed in carrying out, the provisions of this Act is not required to produce in any court any return, document or assessment, or to divulge or communicate to any court any matter or thing coming under the person’s notice in the performance of the person’s duties under this Act except as may be necessary for the purpose of carrying into effect the provisions of this Act, or in order to institute a prosecution, or in the course of a prosecution, for any offence under this Act. (4) The obligation as to secrecy imposed by this section does not prevent the disclosure to the authorised officers of the government of any other country — ( a ) of such facts as may be necessary to enable the proper relief from income tax to be given in either country, where provision exists for the granting of relief in respect of taxes paid in the other country; or ( b ) of any information for the purpose of discharging an obligation of Singapore under an arrangement between the government of that country and the Government of Singapore that has effect under section 49 or 105BA, or under any agreement or arrangement between the government of that country and the Government of Singapore and to which Part 20B applies. (4AA) Subsection (4) also applies to an agreement or arrangement to which Part 20B applies between the Minister or the Minister’s authorised representative and the authority of another country that exercises powers or carries out duties corresponding to a power or duty of the Minister or representative, as if — ( a ) a reference to the Government of Singapore is a reference to the Minister or the Minister’s authorised representative; and ( b ) a reference to the government of another country is a reference to that authority of the other country. [39/2017] (4A) The obligation as to secrecy imposed by this section does not prevent the disclosure to the authorised officers of the government of any other country of any information that the Comptroller considers to be foreseeably relevant to the administration or enforcement of that other country’s laws concerning any tax of that country, pursuant to the terms of an arrangement that has effect under section 49 or 105BA. [37/2014] (4B) The obligation as to secrecy imposed by this section does not prevent the disclosure to an authorised officer of the government of another country of any information concerning any person if — ( a ) the person gives express written consent to the disclosure; and ( b ) the disclosure is for a purpose, and satisfies the conditions, prescribed by rules made under section 7. [41/2020] (5) Despite anything in this section, the Comptroller must permit the Minister, the Auditor‑General or any officer duly authorised in that behalf by the Auditor‑General to have such access to any records or documents as may be necessary for the performance of his or her official duties. (6) The Minister, the Auditor‑General or any such officer is deemed to be a person employed in carrying out the provisions of this Act for the purposes of this section. (7) Despite anything in this section, the Comptroller may transmit any document, information or return received by him or her or in his or her possession under this Act to the Commissioner of Estate Duties; and the Commissioner of Estate Duties may, despite anything contained in any written law for the time being in force in Singapore relating to the proof of documents, produce or cause to be produced in any court, in any proceedings relating to estate or death duties, a copy of any particulars contained in any document or return so transmitted, certified by him or her or on his or her behalf to be a correct copy of such particulars. (8) For the purposes of subsection (7), the Commissioner of Estate Duties — ( a ) may produce or cause to be produced the original of any such document or return in any case where it is necessary to prove the handwriting or the signature of the person who wrote, made, signed or furnished such document or return, but only for the purpose of such proof; ( b ) must not in any case be compelled to produce in any court either the original of such document or return or a copy of any particulars contained in such document or return. (9) Despite anything in this section, the Comptroller may transmit to the Comptroller of Property Tax, the Comptroller of Goods and Services Tax, the Chief Assessor or the Commissioner of Stamp Duties any information which may be required by any of them in the performance of their duties, or may permit such access to any records or documents as may be necessary for those purposes. (10) Despite anything in this section, the Comptroller may furnish to the Chief Executive Officer of the Central Provident Fund Board any information which may be required by him or her in the performance of his or her duties, or may permit such access to any records or documents as may be necessary for that purpose. (10A) Despite anything in this section, the Comptroller may, for the purpose of enabling the Chief Statistician to perform his or her duties under the Statistics Act 1973, furnish and permit the Chief Statistician access to any information and records prescribed in rules made under section 7. (10B) Despite anything in this section, the Comptroller may furnish to the head of a law enforcement agency any information — ( a ) that may be required by the law enforcement agency for the purpose of an investigation or prosecution of a person for an offence specified in the First or Second Schedule to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; or ( b ) that the Comptroller has reasonable grounds to suspect affords evidence of the commission of such an offence. [45/2018] (10C) The following persons, namely: ( a ) the head of a law enforcement agency to whom any information is furnished under subsection (10B) for the purpose mentioned in subsection (10B)( a ); ( b ) any person under the command of the head of the law enforcement agency; ( c ) any person to whom information is disclosed in compliance with this subsection, must not disclose to any other person such information except where it is necessary for that same purpose, and any person in paragraph ( a ), ( b ) or ( c ) who contravenes this subsection shall be guilty of an offence. (10D) Despite anything in this section, the Comptroller may furnish to the head of the Suspicious Transaction Reporting Office any information that may be required by the Suspicious Transaction Reporting Office for the purpose of detecting the possible commission of an offence specified in the First, Second or Third Schedule to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992. [Act 24 of 2024 wef 14/11/2024] (10E) The following persons, namely: ( a ) the head of the Suspicious Transaction Reporting Office to whom any information is furnished under subsection (10D) for the purpose mentioned in that subsection; ( b ) any Suspicious Transaction Reporting Officer to whom information is disclosed in compliance with this subsection, must not disclose to any other person such information, except where the disclosure is to a Suspicious Transaction Reporting Officer and the disclosure is necessary for the same purpose, and any person in paragraph ( a ) or ( b ) who contravenes this subsection shall be guilty of an offence. [45/2018] [Act 24 of 2024 wef 14/11/2024] (11) Despite anything in this section, the Comptroller may lay a complaint of professional misconduct against any person in the person’s professional dealings with the Comptroller to the appropriate authority empowered to take disciplinary action against the person and may in connection with the complaint furnish any relevant documents or information. (11A) Despite anything in this section, the Comptroller — ( a ) may furnish to — (i) the chief executive officer of the Inland Revenue Authority of Singapore established under section 3 of the Inland Revenue Authority of Singapore Act 1992; or (ii) an officer duly authorised by the chief executive officer, any information required for the performance of the official duties of the chief executive officer or authorised officer in administering any of the public schemes specified in the Ninth Schedule; and ( b ) may allow the chief executive officer or authorised officer such access to any records or documents as may be necessary for the performance of those official duties. [2/2016; 41/2020] (11B) Despite anything in this section, the Comptroller may allow a person who is authorised by the chief executive officer of the Inland Revenue Authority of Singapore such access to any records or documents as may be necessary for the person to conduct an audit in relation to the administration of any public scheme specified in the Ninth Schedule, including the audit of any information technology system used by the Inland Revenue Authority of Singapore for such administration. [27/2021] (11C) A person authorised by the chief executive officer of the Inland Revenue Authority of Singapore under subsection (11B) — ( a ) must make and subscribe a declaration of secrecy in accordance with subsection (1); ( b ) must not disclose to any person, or allow any person access to, anything contained in the records or documents; and ( c ) must not use or make any copy of the records or documents or anything contained in the records or documents, other than for the purpose of the audit mentioned in subsection (11B). [27/2021] (11D) A person who contravenes subsection (11C)( b ) or ( c ) shall be guilty of an offence. [27/2021] (12) Despite subsections (1) and (2) and without affecting subsections (5) to (11D) and (12B), the Comptroller may disclose information relating to income or items of income of any person to any of the following with the express consent of the person: ( a ) any public officer or officer of a statutory board for the performance of his or her official duties; ( b ) any other person (called A in this subsection and subsection (12A)) who is engaged by the Government or a statutory board to assist any public officer or officer of a statutory board in performing any of the officer’s official duties if a public officer or officer of the statutory board (as the case may be), duly authorised by the Comptroller for this purpose, has obtained a declaration of secrecy from A in accordance with subsection (1). [Act 33 of 2022 wef 04/11/2022] (12A) A shall be guilty of an offence if A — ( a ) discloses to any person, or allows any person access to, any information disclosed to A under subsection (12); or ( b ) uses or makes any copy of any record or document containing the information, other than for the purpose of rendering the assistance mentioned in subsection (12)( b ). [Act 33 of 2022 wef 04/11/2022] (12B) Despite subsections (1) and (2) and without affecting subsections (5) to (12), the Comptro


document_id: ita-1947
provision_ref: s7
chapter: PART 2 - ADMINISTRATION
section: 7
title: Rules
content:
7. —(1) The Minister may make rules — ( a ) to provide for the deduction and payment of tax at the source in respect of income from any employment, and for the recovery of tax so deducted; ( aa ) to prescribe the mode of payment for any refund under this Act to any person or class of persons; and ( b ) generally to give effect to the provisions of this Act, other than section 81. [41/2020] (2) All rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ita-1947
provision_ref: s8
chapter: PART 2 - ADMINISTRATION
section: 8
title: Service and signature of notices, etc.
content:
8. —(1) Except where it is provided by this Act that service must be effected either personally or by registered post, the Comptroller may serve a notice, direction or other document on a person — ( a ) personally; ( b ) by being sent through the post; or ( c ) through the electronic service if the notice, direction or other document is permitted to be served in this way by regulations made under section 8A(3). [39/2017] [Act 33 of 2022 wef 26/04/2024] (2) Where a notice is served by ordinary or registered post, it is deemed to have been served on the day succeeding the day on which the notice would have been received in the ordinary course of post if the notice is addressed — ( a ) in the case of a company incorporated in Singapore, to the registered office of the company; ( b ) in the case of a company incorporated outside Singapore, either to the individual authorised to accept service of process under the Companies Act 1967 at the address filed with the Registrar of Companies, or to the registered office of the company wherever it may be situated; ( c ) in the case of an individual or a body of persons, to the last known business or private address of such individual or body of persons. (3) Where the person to whom there has been addressed a registered letter containing any notice which may be given under the provisions of this Act is informed of the fact that there is a registered letter awaiting the person at a post office and the person refuses or neglects to take delivery of the registered letter, the notice is deemed to have been served upon the person on the date on which the person was informed that there was a registered letter awaiting the person at a post office. (3A) Where a notice, direction or other document is served on any person through the electronic service under subsection (1)( c ), the notice, direction or other document is taken to have been served at the time when an electronic record of it enters the person’s account with the electronic service. [39/2017] (4) Subject to subsection (6), every notice to be given by the Comptroller under this Act must be signed by the Comptroller or by some person or persons from time to time authorised by the Comptroller in that behalf under section 4, and every such notice is valid if the signature of the Comptroller or of such person or persons is duly printed or written on the notice. (5) Subject to subsection (6), any notice under this Act requiring the attendance of any person or witness before the Comptroller must be signed by the Comptroller or by a person duly authorised by the Comptroller. (6) Where a notice in subsection (4) or (5) may be served on a person through the electronic service under subsection (1)( c ), the notice need not be signed if it is served on the person by transmitting an electronic record of the notice to the person’s account with the electronic service. [39/2017]


