# legal_provisions

document_id: clltca-2019
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “approved payee”
content:
3. —(1) In this Act, unless the context otherwise requires, an “approved payee”, in relation to an insured person, means a person who is within a class of persons approved by the Minister to receive benefits under the CSHL Scheme or ESH Scheme on behalf of the insured person. (2) Different classes of persons may be approved under subsection (1) for different classes of claim applicants or different classes of insured persons.


document_id: clltca-2019
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “authorised applicant”
content:
4. In this Act, unless the context otherwise requires, “authorised applicant”, in relation to — ( a ) an individual making a health declaration for the purposes of the CSHL Scheme or ESH Scheme; ( b ) an individual making an application for insurance cover under the CSHL Scheme; ( c ) an insured person withdrawing from insurance cover under the CSHL Scheme or ESH Scheme; ( d ) an insured person making a claim under the CSHL Scheme or ESH Scheme; or ( e ) an individual’s reinstatement as an insured person under the CSHL Scheme or ESH Scheme, who lacks mental capacity, means — ( f ) a person who is — (i) a deputy appointed or deemed to be appointed for the individual or insured person (as the case may be) by the court under the Mental Capacity Act 2008 with power in relation to the individual or insured person (as the case may be) for the purposes of this Act; or (ii) a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the individual or insured person (as the case may be) for the purposes of this Act; or ( g ) despite any provision in the Mental Capacity Act 2008, where to the best of the Administrator’s or Board’s knowledge (as the case may be), there is no deputy appointed or deemed to be appointed, or no donee appointed under a lasting power of attorney, for the purposes of this Act for the individual or insured person (as the case may be), a person who is within the class or classes of persons approved by the Minister — (i) to make a health declaration on behalf of the individual for the purposes of the CSHL Scheme or ESH Scheme; (ii) to make an application for insurance cover under the CSHL Scheme on behalf of the individual; (iii) to withdraw from insurance cover under the CSHL Scheme or ESH Scheme (as the case may be) on behalf of the insured person; (iv) to make a claim under the CSHL Scheme or ESH Scheme (as the case may be) on behalf of the insured person including the nomination of an approved payee (who may be the authorised applicant); or (v) to act on behalf of the individual in relation to the individual’s reinstatement as an insured person under the CSHL Scheme or ESH Scheme, as the case may be.


document_id: clltca-2019
provision_ref: s5
chapter: PART 2 - CARESHIELD LIFE SCHEME
section: 5
title: Establishment of CareShield Life Scheme
content:
5. —(1) There is established a severe disability insurance scheme called the CareShield Life Scheme or CSHL Scheme to provide payments of an insured sum to an insured person when he or she becomes severely disabled, during the period in which he or she is insured under the CSHL Scheme. (2) It is the function of the Board to administer, on behalf of the Government, the provisions of this Act specified in Part 1 of the Second Schedule for the purposes of the CSHL Scheme. (3) The Minister may appoint a person other than a public authority as an Administrator to administer, on behalf of the Government, the provisions of this Act specified in Part 2 of the Second Schedule for the purposes of the CSHL Scheme.


document_id: clltca-2019
provision_ref: s6
chapter: PART 2 - CARESHIELD LIFE SCHEME
section: 6
title: Application of CSHL Scheme
content:
6. —(1) The CSHL Scheme applies to — ( a ) every citizen of Singapore or permanent resident of Singapore whose birthday is on or after 1 January 1980 and who is at least 30 years of age; ( b ) every individual — (i) who, on 30 September 2020, was not a citizen of Singapore or a permanent resident of Singapore, but becomes a citizen of Singapore or a permanent resident of Singapore on or after 1 October 2020; (ii) whose birthday is before 1 January 1980; and (iii) who — (A) if the individual’s SCPR date is on or after the date of commencement of section 3( a ) of the CareShield Life and Long-Term Care (Amendment) Act 2025 — is not disabled on that SCPR date; or (B) if the individual’s SCPR date is before the date of commencement of section 3( a ) of the CareShield Life and Long-Term Care (Amendment) Act 2025 — was not severely disabled on that SCPR date; [Act 18 of 2025 wef 01/01/2026] ( c ) every individual — (i) who, on the transfer date or such other date prescribed for a particular class of individuals, is a citizen of Singapore or a permanent resident of Singapore; (ii) whose birthday falls within such period or periods before 1 January 1980 as may be prescribed by an order in the Gazette ; (iii) who is not severely disabled on the transfer date or such other date prescribed for the purposes of this sub‑paragraph for a particular class of individuals; (iv) who, on the transfer date or such other date prescribed for a particular class of individuals, satisfies such other conditions as may be prescribed; and (v) who does not withdraw (whether on his or her own or by an authorised applicant acting on behalf of the individual) from the CSHL Scheme before the date prescribed for the purposes of this sub‑paragraph; and ( d ) every other citizen of Singapore or a permanent resident of Singapore not within paragraph ( a ), ( b ) or ( c ) who — (i) applies for insurance cover under the CSHL Scheme (on his or her own or by an authorised applicant acting on his or her behalf) and whose application is accepted under section 7; and (ii) does not subsequently withdraw (on his or her own or by an authorised applicant acting on his or her behalf) from the CSHL Scheme within the prescribed period after the date the application is accepted under section 7. (2) To ascertain the disability condition of an individual for the purposes of subsection (1)( b ) and ( c ), the Board may require the individual to make a health declaration or attend a disability assessment by an assessor. (3) For the purposes of subsection (1)( c )(i), (iii) and (iv), different dates may be prescribed for different classes of citizens of Singapore and permanent residents of Singapore. (4) Despite subsection (1), where an individual — ( a ) is not a citizen of Singapore and not a permanent resident of Singapore; or ( b ) is disabled or severely disabled, [Act 18 of 2025 wef 01/01/2026] the Board may determine that the individual may be covered, for such period as the Board thinks fit, under the CSHL Scheme if the individual satisfies such conditions as may be determined by the Minister in any particular case where the Minister considers appropriate. (5) An order made for the purposes of subsection (1)( c )(ii) cannot be amended or revoked by another order.


document_id: clltca-2019
provision_ref: s7
chapter: PART 2 - CARESHIELD LIFE SCHEME
section: 7
title: Application for insurance cover
content:
7. —(1) An individual who wishes to have insurance cover under the CSHL Scheme must apply to the Board in accordance with this section. (2) Despite any provision in the Mental Capacity Act 2008, if an individual lacks mental capacity, an authorised applicant may make an application under this section on behalf of that individual. (3) An application must — ( a ) be in the form and manner required by the Board; and ( b ) be accompanied by any document or information that the Board requires to decide whether to accept the application. (4) The Board may accept an application if the individual to be insured satisfies such requirements as may be prescribed. (5) In deciding whether to accept an application, the Board may — ( a ) carry out such inquiries and investigations in relation to the application as are necessary for a proper consideration of the application; ( b ) request that the authorised applicant or individual to be insured (as the case may be) provide, within a specified time, any additional information that the Board requires for a proper consideration of the application; and ( c ) require that the individual to be insured attend a disability assessment by an assessor.


document_id: clltca-2019
provision_ref: s8
chapter: PART 3 - ELDERSHIELD SCHEME
section: 8
title: Transfer date
content:
8. The transfer date is the date that the Minister may, by notification in the Gazette , appoint to be the date on which the former ElderShield Scheme is transferred to the Government.


document_id: clltca-2019
provision_ref: s9
chapter: PART 3 - ELDERSHIELD SCHEME
section: 9
title: Waiver of prohibition of transfer
content:
9. —(1) A provision in any contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which a private insurer is a party on the eve of the transfer date which prohibits or has the effect of prohibiting the transfer of any property, rights, obligations or liabilities of the private insurer on the eve of the transfer date and that relate to the former ElderShield Scheme is deemed by this Act waived on the transfer date. (2) A provision in any contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which a private insurer is a party on the eve of the transfer date which confers on any counterparty to that contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity, other instrument or undertaking any right of first refusal or pre‑emption rights — ( a ) in respect of any property, right, obligation or liability of the private insurer on the eve of the transfer date and that relate to the former ElderShield Scheme; and ( b ) arising from or because of, or to the effect that a default is to occur or be deemed to occur as a result of, the transfer or intended transfer of those property, rights, obligations or liabilities, is deemed by this Act waived on the transfer date.


document_id: clltca-2019
provision_ref: s10
chapter: PART 3 - ELDERSHIELD SCHEME
section: 10
title: Non-application of sections 116, 117, 118 and 119 of Insurance Act 1966
content:
10. Sections 116, 117, 118 and 119 of the Insurance Act 1966 do not apply to, or in relation to, the transfer or proposed transfer of the former ElderShield Scheme to the Government mentioned in section 8.


document_id: clltca-2019
provision_ref: s11
chapter: PART 3 - ELDERSHIELD SCHEME
section: 11
title: End of insurance cover under former ElderShield Scheme and establishment of ElderShield Scheme
content:
11. —(1) As from the transfer date — ( a ) insurance cover under the former ElderShield Scheme ends; and ( b ) the ElderShield Scheme or ESH Scheme is established and applies to every individual whose birthday is before 1 January 1980 and who — (i) immediately before the transfer date, was insured, or treated by the Board as insured, under the former ElderShield Scheme; and (ii) is not insured under the CSHL Scheme. (2) It is the function of the Board to administer, on behalf of the Government, the provisions of this Act specified in Part 1 of the Third Schedule for the purposes of the ESH Scheme. (3) The Minister may appoint a person other than a public authority as an Administrator to administer, on behalf of the Government, the provisions of this Act specified in Part 2 of the Third Schedule for the purposes of the ESH Scheme.


document_id: clltca-2019
provision_ref: s12
chapter: PART 4 - BENEFITS
section: 12
title: CSHL Scheme and ESH Scheme benefits
content:
12. —(1) This section applies to, and in relation to, the CSHL Scheme and ESH Scheme. (2) Subject to subsection (3), an insured person is entitled to one or more payments of an insured sum of an amount prescribed where — ( a ) the insured person is severely disabled; and ( b ) a claim made by or on behalf of the insured person is accepted under section 16. (3) An insured person’s entitlement to payment of an insured sum ends — ( a ) on the date that the insured person’s insurance cover under the CSHL Scheme or ESH Scheme (as the case may be) ends in accordance with the regulations; or ( b ) if the insurance cover has not ended in accordance with the regulations — on the date that the insured person is no longer severely disabled.


document_id: clltca-2019
provision_ref: s13
chapter: PART 4 - BENEFITS
section: 13
title: Nature of rights and benefits under CSHL Scheme and ESH Scheme
content:
13. —(1) The rights and benefits of an insured person arising from his or her insurance cover under the CSHL Scheme or ESH Scheme are not assignable or transferable. (2) A policy of insurance issued under the CSHL Scheme or ESH Scheme does not create any legal or equitable trust. (3) Section 73 of the Conveyancing and Law of Property Act 1886 and section 132 of the Insurance Act 1966 do not apply to any policy of insurance issued under the CSHL Scheme or ESH Scheme. (4) The Insurance Act 1966 does not apply to the CSHL Scheme or ESH Scheme, or anything done under this Act in relation to the CSHL Scheme or ESH Scheme.


document_id: clltca-2019
provision_ref: s14
chapter: PART 5 - PREMIUMS
section: 14
title: Premium
content:
14. —(1) The premium for each insurance period (called in this section a relevant insurance period) is payable by or on behalf of an insured person until the insured person’s obligation to pay premiums under the CSHL Scheme or ESH Scheme (as the case may be) ends in accordance with the regulations. (2) The premium for each relevant insurance period is the amount specified in a prescribed manner, which may include a website. (3) For every relevant insurance period, the premium must be paid by, or on behalf of, an insured person — ( a ) not later than 30 days after the beginning of the relevant insurance period, or on or before a later date the Board may permit in any particular case; and ( b ) in the manner the Board permits. (4) Despite any provision in the CPF Act, the Board is entitled to deduct from the amount standing to a person’s credit in that person’s medisave account, the whole or any part of the premium for a relevant insurance period, and any interest or penalty imposed on an insured person under section 23 or 29 in respect of that premium, that — ( a ) is payable by that person, being an insured person; or ( b ) may, in circumstances prescribed, be payable by that person. (5) The Board may waive the whole or any part of any premium, penalty or interest on late payment that is payable by, or on behalf of, an insured person.


document_id: clltca-2019
provision_ref: s15
chapter: PART 5 - PREMIUMS
section: 15
title: Refund of premium
content:
15. —(1) Where the whole or any part of the premium paid by or on behalf of an insured person is liable to be refunded under this Act, the amount may be refunded — ( a ) to the insured person in such manner as the Board may determine, including by paying into the insured person’s account in the Central Provident Fund; or ( b ) to such other person in such manner as the Board may determine, including by paying into such other person’s account in the Central Provident Fund. (2) The Board is entitled to recover on behalf of the Government from any amount which is liable to be refunded under this Act to a person in subsection (1)( a ) or ( b ) — ( a ) any Government grant for the payment of the person’s premium; and ( b ) any interest which the person is liable to pay the Government under the terms of the Government grant. (3) Where a person who has paid in cash any sum towards the person’s premium for any insurance period (called in this section a relevant person), whether for the relevant person or for any other person, dies before the start of that insurance period, and the sum does not exceed such amount as the Minister may, by notification in the Gazette , specify — ( a ) the Board may pay to a proper claimant the whole or any part of the sum, as the Board may determine; and ( b ) the receipt by the proper claimant is a proper discharge of the Board’s duties for the payment to the proper claimant under paragraph ( a ). (4) Subsection (3) does not affect any recourse which any person may have against a proper claimant for an amount paid to the proper claimant under subsection (3)( a ). (5) In this section — “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; “parent”, in relation to a relevant person, includes — ( a ) an adoptive parent of the relevant person; ( b ) a step-parent of the relevant person; or ( c ) a guardian, or any person who has the actual custody, of the relevant person; “proper claimant” means a person who — ( a ) claims to be entitled to a sum mentioned in subsection (3) on the death of a relevant person, as personal representative of the relevant person; or ( b ) claims to be entitled (whether for the person’s own benefit or not) to a sum mentioned in subsection (3) on the death of a relevant person, being the widower, widow, child, grandchild, parent, brother, sister, nephew, niece, grandparent, uncle or aunt of the deceased relevant person.


document_id: clltca-2019
provision_ref: s16
chapter: PART 6 - CLAIMS AND PAYOUTS
section: 16
title: Claim
content:
16. —(1) Despite any provision in the Mental Capacity Act 2008, an insured person may receive benefits under the CSHL Scheme or ESH Scheme if any of the following persons makes a claim in accordance with subsection (2) and the Administrator accepts the claim: ( a ) in the case where the insured person lacks mental capacity — an authorised applicant; ( b ) in any other case — (i) the insured person; or (ii) a person authorised by the insured person to make a claim on behalf of the insured person. (2) A claim must — ( a ) be in the form and manner required by the Administrator; and ( b ) be accompanied by any document or information that the Administrator requires to decide whether to accept the claim. (3) In deciding whether to accept a claim, the Administrator may — ( a ) carry out such inquiries and investigations in relation to the claim as are necessary for a proper consideration of the claim; ( b ) request that the insured person or claim applicant provide, within a specified time, any additional information that the Administrator requires for a proper consideration of the claim; and ( c ) require that the insured person attend a disability assessment by an assessor. (4) The Administrator may refuse a claim — ( a ) if the insured person is not severely disabled; ( b ) if the claim is not made in accordance with this section; ( c ) if the insured person or claim applicant does not comply with the Administrator’s request or requirement (as the case may be) under subsection (3); or ( d ) if the insured person’s severe disability arises from one or more such events or occurrences as may be prescribed.


document_id: clltca-2019
provision_ref: s17
chapter: PART 6 - CLAIMS AND PAYOUTS
section: 17
title: Disability assessment
content:
17. —(1) The Minister may, subject to such conditions as the Minister may impose, approve one or more individuals having the necessary qualifications to be assessors to conduct, and report on, disability assessments under this Act. (2) An assessor may charge a fee, not exceeding such amount as may be prescribed, for every disability assessment that the assessor conducts in respect of a person.


document_id: clltca-2019
provision_ref: s18
chapter: PART 6 - CLAIMS AND PAYOUTS
section: 18
title: Payment of insured sum
content:
18. —(1) Subject to the provisions of this section, where a claim is accepted by the Administrator under section 16, the Board may pay an insured sum under the CSHL Scheme or ESH Scheme (as the case may be) to the following persons: ( a ) for a claim mentioned in section 16(1)( a ) — (i) the insured person; or (ii) an approved payee (who may be the authorised applicant) nominated by the authorised applicant, in the form and manner required by the Administrator, to receive the insured sum on behalf of the insured person; ( b ) for a claim mentioned in section 16(1)( b ) — (i) the insured person; or (ii) an approved payee nominated by the insured person, in the form and manner required by the Administrator, to receive the insured sum on behalf of the insured person. (2) A payment under subsection (1) may — ( a ) be subject to such conditions as the Board may impose; ( b ) start for the month that the claim is accepted or such other month as may be determined by the Administrator; and ( c ) be made in the manner in subsections (3) and (4). (3) A payment to the insured person under subsection (1) may be made by paying to the insured person’s account in the Central Provident Fund or in such other manner as the Board may determine. (4) A payment under subsection (1) to a person other than the insured person may be made in such manner as the Board may determine. (5) A payment by the Board to a person mentioned in subsection (1) is a proper discharge of the Board’s and Administrator’s duties under this Part. (6) Subsection (5) does not prevent the Board from making one or more payments of the insured sum to — ( a ) an insured person; or ( b ) another approved payee mentioned in subsection (1)( a )(ii) or ( b )(ii), as the case may be, where there has been a misuse of any benefits for which an offence is committed under section 50. (7) Despite section 12(3)( b ), the Board may continue to make payment under this section of any insured sum to, or for the benefit of, an insured person mentioned in section 12(3)( b ) until the completion of the insured person’s next periodic disability review mentioned in section 21. (8) An approved payee mentioned in subsection (1) who receives any insured sum on behalf of an insured person may, in such circumstances as may be prescribed, pay the whole or any part of the insured sum to the insured person’s account in the Central Provident Fund. (9) Despite any provision in the CPF Act, the Board may, in such circumstances as may be prescribed, allow the withdrawal by such person or persons as may be prescribed of the whole or any part of any insured sum paid to the insured person’s account in the Central Provident Fund under subsections (3) and (8).


document_id: clltca-2019
provision_ref: s19
chapter: PART 6 - CLAIMS AND PAYOUTS
section: 19
title: Deferment or suspension of payment
content:
19. —(1) The Board may defer or suspend, for such period or further period as the Board may determine, the payment of an insured sum under section 18 in the circumstances prescribed. (2) At the end of every period or further period of deferment or suspension (as the case may be) mentioned in subsection (1), the Board has to resume payment of the insured sum for the month immediately after the month in which the deferment or suspension ends and may restore the whole or any part of the insured sums payment of which was deferred or suspended, as directed by the Administrator. (3) Where the payment of an insured sum has been deferred or suspended under subsection (1) for a continuous period exceeding a period prescribed and has to be deferred or suspended further, the Board may, instead of further deferring or suspending the payment, determine to stop payment entirely and request that the insured person make a new claim.


document_id: clltca-2019
provision_ref: s20
chapter: PART 6 - CLAIMS AND PAYOUTS
section: 20
title: Protection of payouts
content:
20. —(1) Despite any other written law, all benefits (including goodwill sums) that are paid to an insured person, or for the benefit of an insured person, under the CSHL Scheme or ESH Scheme — ( a ) are not assignable or transferable, and not liable to be attached, sequestered or levied upon for or in respect of any debt or claim; ( b ) are excluded from any set‑off of any nature for any debt owing by the insured person or any person who receives the benefits on behalf of the insured person, except as provided in subsection (2); ( c ) if the insured person, or any person who receives the benefits on behalf of the insured person, is adjudicated a bankrupt by a court — (i) do not pass to the Official Assignee on the bankruptcy of the insured person or that person, as the case may be; and (ii) are deemed not to form part of the property of the insured person or that person, as the case may be. (2) Subsection (1)( b ) does not apply to the set‑off of — ( a ) any debt due to the Fund; and ( b ) any debt arising from the care of the insured person and due to the healthcare institution that is an approved payee receiving the benefits on behalf of the insured person who is receiving care from the healthcare institution.


document_id: clltca-2019
provision_ref: s21
chapter: PART 6 - CLAIMS AND PAYOUTS
section: 21
title: Periodic disability review
content:
21. —(1) The Administrator may, from time to time, conduct a disability review in respect of an insured person receiving an insured sum under the CSHL Scheme or ESH Scheme, or for whose benefit an insured sum is being paid under the CSHL Scheme or ESH Scheme. (2) For the purposes of a disability review under subsection (1) in respect of an insured person, the Administrator may — ( a ) carry out such inquiries and investigations in relation to the health condition of the insured person and all other relevant circumstances of the case; ( b ) request that the insured person, or the claim applicant on behalf of the insured person, provide within a specified time any information that the Administrator requires; and ( c ) require that the insured person attend a disability assessment by an assessor. (3) The Board may stop payment of any insured sum to, or for the benefit of, an insured person if the Board is informed by the Administrator that the insured person or claim applicant on behalf of the insured person (as the case may be) fails to comply with a request or requirement under subsection (2). (4) The Board may, in such circumstances as may be determined by the Administrator — ( a ) resume the payment of an insured sum stopped under subsection (3); and ( b ) pay to, or for the benefit of, the insured person the amount, or any part of, any insured sum (with or without interest) that was not paid because of the stoppage under subsection (3).


document_id: clltca-2019
provision_ref: s22
chapter: PART 7 - RECOVERY OF OUTSTANDING PREMIUMS
section: 22
title: Recovery of benefit paid in excess and short payment of premium
content:
22. —(1) If, on account of any material change to the information available to the Board or the correction of any error relating to an insured person or in other prescribed circumstances (if prescribed), the Board finds that any premium paid in respect of any insurance period by or for any person insured or to be insured under the CSHL Scheme or ESH Scheme is less than an amount which ought to have been paid under this Act, the amount of the shortfall is payable, by all or any of the following persons, and in such proportion, as the Board may require: ( a ) the insured person; ( b ) a person by whom the premium is payable under section 14(4)( b ). (2) If, on account of any material change to the information available to the Board or the Administrator, or the correction of any error relating to an insured person or in any other circumstances prescribed, the Board or the Administrator finds that any benefit or payment under the CSHL Scheme or ESH Scheme has been paid in excess of the amount that ought to have been paid under the CSHL Scheme or ESH Scheme (as the case may be), the Board or the Administrator (as the case may be) may direct that the excess payment be repaid to the Fund in accordance with the regulations by the insured person or approved payee who received the excess payment. (3) The Board may charge an insured person, a person by whom the premium is payable or an approved payee (as the case may be) an administrative fee of such amount as may be prescribed and (if applicable) interest on the excess payment at such rate as may be prescribed, if any material change, error or prescribed circumstances referred to in subsection (1) or (2) arise from incorrect information which is — ( a ) provided by — (i) the insured person, or the authorised applicant or claim applicant acting on behalf of the insured person; (ii) the person by whom the premium is payable; (iii) the approved payee, as the case may be; and ( b ) included in a health declaration, means declaration, claim or any other application made under or used for the CSHL Scheme or ESH Scheme in relation to the insured person. (4) Sections 14(4), 23 to 30, 35, 59(2) and 64(2)( g ) apply, with such modifications as may be prescribed, to any amount payable under this section as they apply to a premium.


document_id: clltca-2019
provision_ref: s23
chapter: PART 7 - RECOVERY OF OUTSTANDING PREMIUMS
section: 23
title: Demand note for outstanding premiums under CSHL Scheme
content:
23. —(1) If the whole or any part of the premium payable for an insurance period under the CSHL Scheme remains unpaid at the expiry of such period as the Board may permit (being at least one month) after the beginning of that insurance period — ( a ) interest may be imposed from time to time on any outstanding premium for that insurance period (excluding any penalty imposed under section 29), to run from the beginning of that insurance period or from such later period as the Board may determine at the prescribed rates; and ( b ) sections 24, 25, 26, 27 and 28 may be applied to the outstanding premium. (2) A recovery body must serve a demand note on a defaulter liable to pay any outstanding premium — ( a ) if any interest or penalty is to be imposed on the defaulter under subsection (1)( a ) or section 29, as the case may be; and ( b ) before any power under section 24, 25, 26, 27 or 28 is exercised to recover that outstanding premium from the defaulter. (3) A demand note must state — ( a ) the outstanding premium which is payable by the defaulter; and ( b ) any interest imposed under subsection (1)( a ) and any penalty imposed under section 29. (4) This Part applies to an outstanding premium despite any appeal pending against liability to pay the whole or any part of that outstanding premium.


document_id: clltca-2019
provision_ref: s24
chapter: PART 7 - RECOVERY OF OUTSTANDING PREMIUMS
section: 24
title: Defaulter’s agent for recovery of outstanding premiums under CSHL Scheme
content:
24. —(1) A recovery body may, if it considers necessary, by written notice declare any person (other than the Government) to be a defaulter’s agent. (2) The person declared to be the defaulter’s agent under subsection (1) is regarded as the agent of the defaulter for the purposes of this Act, and may be required by the recovery body to pay any outstanding premium payable under the CSHL Scheme by the defaulter from any moneys which may be held or received by the defaulter’s agent for, or due from the defaulter’s agent to, the defaulter — ( a ) on, or within 90 days after, the date on which the defaulter’s agent receives the notice under subsection (1); or ( b ) on or after the date on which the defaulter’s agent receives the notice under subsection (1), if the moneys are earnings and the defaulter’s agent is liable, as a principal and not as an employee or agent, to pay the earnings to the defaulter. (3) Where separate amounts of moneys come to be held or received by the defaulter’s agent for, or become due from the defaulter’s agent to, the defaulter at different times within the period in subsection (2)( a ) or ( b ) (as the case may be), the recovery body may require the outstanding premium to be paid in instalments of such sums as the recovery body may specify from one or more of those separate amounts. (4) Any person who is declared by a recovery body to be a defaulter’s agent under subsection (1) and is aggrieved by the declaration may object to the declaration by written notice to the recovery body within 14 days after the date of receipt of the notice, or within such longer period as the recovery body in its discretion may allow in a particular case. (5) The recovery body must examine the objection under subsection (4) and may cancel, vary or confirm the declaration objected to. (6) An objector in subsection (4) who is aggrieved by the recovery body’s decision under subsection (5) may appeal against that decision in accordance with the regulations. (7) If the defaulter’s agent fails to make any payment under subsection (2), the outstanding premium is recoverable from the defaulter’s agent in the manner provided in section 27. (8) For the purposes of this section, a recovery body may require any person to give information as to — ( a ) any moneys, funds or other assets which may be held or received by that person for any defaulter; or ( b ) any moneys due from that person to any defaulter. (9) Where a defaulter’s agent makes any payment of moneys to the recovery body under this section or section 25 — ( a ) the defaulter’s agent is deemed to have acted under the authority of the defaulter; ( b ) the defaulter’s agent is, by this provision, entitled to be indemnified by the defaulter in respect of the payment to the recovery body; ( c ) the outstanding premium due from the defaulter is reduced by the amount paid by the defaulter’s agent to the recovery body; and ( d ) the amount paid by the defaulter’s agent to the recovery body is deemed to have been paid to the defaulter in accordance with any law, contract or scheme governing the payment of moneys held or received by the defaulter’s agent for, or due from the defaulter’s agent to, the defaulter. (10) In this section, “earnings”, in relation to a defaulter, means any sum payable to the defaulter — ( a ) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary, or payable under a contract of service; or ( b ) by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment.


document_id: clltca-2019
provision_ref: s25
chapter: PART 7 - RECOVERY OF OUTSTANDING PREMIUMS
section: 25
title: Defaulter’s agent in relation to joint moneys
content:
25. —(1) This section applies where the moneys mentioned in section 24(2) are moneys in a joint account of which the defaulter is a joint account holder, or are the proceeds of sale of any immovable property of which the defaulter was a joint owner. (2) The defaulter’s agent must — ( a ) within 14 days after the date of the receipt of the notice under section 24(1), send a notice, by registered post addressed to every joint account holder of that joint account in the bank or owner of the proceeds of sale (called in this section joint moneys) at the joint account holder’s or owner’s address last known to the defaulter’s agent, informing the joint account holder or owner of the declaration under section 24(1); ( b ) retain such amount of the joint moneys as is presumed under subsection (3) to belong to the person from whom the outstanding premium is due; and ( c ) subject to subsections (6) and (7), within the time specified in the notice (being at least 42 days after the date of the receipt of the notice under section 24(1)) pay the outstanding premium due from the retained amount to the recovery body. (3) It is presumed, until the contrary is proved, that the joint account holders of a joint account have equal shares of the moneys in the account as at the date of the receipt of the notice under section 24(1), and that the joint owners of any immovable property share the proceeds of sale of the property equally. (4) Any owner of joint moneys who objects to the share presumed under subsection (3) may give written notice of the owner’s objection to the defaulter’s agent within 28 days after the date of the receipt of the agent’s notice under subsection (2)( a ), or within such longer period as the recovery body may allow, and give proof as to the owner’s share of the joint moneys together with the notice of objection. (5) Where an objection under subsection (4) is received, the defaulter’s agent must — ( a ) inform the recovery body of the objection within 7 days after the date of the receipt of the objection; and ( b ) retain the amount of the joint moneys mentioned in subsection (2)( b ) until such time as the recovery body by notice under subsection (6) informs the defaulter’s agent of the recovery body’s decision on the objection. (6) The recovery body must consider the objection under subsection (4) and, by written notice, inform the objector of its decision. (7) An owner of joint moneys aggrieved by the decision of the recovery body under subsection (6) may appeal against that decision in accordance with the regulations. (8) Where the recovery body has decided under subsection (6) on the amount of the defaulter’s share of the joint moneys, the defaulter’s agent must, despite any appeal under subsection (7), pay that amount, from the amount of the joint moneys retained under subsection (5)( b ), towards any outstanding premium due from the defaulter. (9) In this section, “joint account” means a bank account in the names of 2 or more persons, but excludes any partnership account, any trust account and any account where a minor is one of the joint account holders.


document_id: clltca-2019
provision_ref: s26
chapter: PART 7 - RECOVERY OF OUTSTANDING PREMIUMS
section: 26
title: Payment by Government
content:
26. —(1) Where — ( a ) any outstanding premium under the CSHL Scheme is due from any person under this Act other than as a defaulter’s agent under section 24 or 25; ( b ) an amount is or would be payable by the Government to the person by or under any written law, contract or scheme — (i) on, or within 90 days after, the date on which the public officer in paragraph ( c ) receives the notice in that paragraph; or (ii) on or after the date on which the public officer in paragraph ( c ) receives the notice in that paragraph, if the amount is earnings (as defined in section 24(10)) payable to the person by the Government as a principal and not as an agent; and ( c ) before the amount mentioned in paragraph ( b ) is paid to the person, the recovery body serves a notice on any public officer by whom the payment is to be made that the outstanding premium mentioned in paragraph ( a ) is due from the person, then the public officer is, despite that or any other written law, contract or scheme, entitled to pay the whole or any part of the amount mentioned in paragraph ( b ) towards the whole or any part of the outstanding premium mentioned in paragraph ( a ). (2) If a public officer makes a payment under subsection (1) towards the outstanding premium mentioned in subsection (1)( a ) — ( a ) the amount of the outstanding premium must be reduced by the amount of that payment; and ( b ) that payment is deemed to have been made to the person in accordance with the law, contract or scheme mentioned in subsection (1)( b ).


document_id: clltca-2019
provision_ref: s27
chapter: PART 7 - RECOVERY OF OUTSTANDING PREMIUMS
section: 27
title: Suit for outstanding premiums, excess payments and sums due to Fund
content:
27. —(1) All outstanding premiums imposed under this Act, all excess payments under the CSHL Scheme and ESH Scheme, and all sums due to the Fund, may be sued for and recovered by a recovery body in its own name by way of specially endorsed originating claim. [Act 25 of 2021 wef 01/04/2022] (2) A recovery body is entitled to all costs and interest allowed by law against the person sued. (3) All sums (including costs and interest) recovered in a suit brought under this section must be paid into the Fund.


document_id: clltca-2019
provision_ref: s28
chapter: PART 7 - RECOVERY OF OUTSTANDING PREMIUMS
section: 28
title: Recovery from defaulter leaving Singapore
content:
28. —(1) Where a recovery body is of the opinion that any defaulter is about or likely to leave Singapore without paying all outstanding premiums payable under the CSHL Scheme by the defaulter, the recovery body may — ( a ) issue a certificate containing particulars of such outstanding premiums; and ( b ) give a direction to the Commissioner of Police or the Controller of Immigration, or both, to prevent the defaulter from leaving Singapore unless the outstanding premiums are paid or security to the recovery body for that payment is furnished. (2) Subject to the provisions of any order issued or made under any law for the time being in force relating to banishment or immigration, upon receiving a direction under subsection (1), the Commissioner of Police or the Controller of Immigration, or both (as the case may be), must take, or cause any police officer or immigration officer to take, such measures as may be necessary to prevent the defaulter in question from leaving Singapore until every outstanding premium has been paid or secured. (3) The measures mentioned in subsection (2) may include — ( a ) the use of such force as may be necessary; and ( b ) if appropriate, the detention of any passport, certificate of identity or travel document and any exit permit or other document authorising the defaulter to leave Singapore. (4) Despite section 61, when the recovery body issues the certificate under subsection (1), the recovery body must give the defaulter, by personal service or registered post, a notification of the issue of the certificate; but a non‑receipt of the notification does not invalidate any proceedings under this section. (5) Payment of any outstanding premium to an officer‑in‑charge of a police station or an immigration officer, or production of a certificate issued by the recovery body stating that an outstanding premium has been paid or secured, is sufficient authority to not prevent the defaulter from leaving Singapore. (6) A defaulter who, knowing that a direction has been issued under this section to prevent the defaulter’s departure from Singapore, voluntarily leaves or attempts to leave Singapore without paying the outstanding premium or furnishing security to the recovery body’s satisfaction for that payment — ( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) may be arrested, without warrant, by any police officer or immigration officer. (7) No civil or criminal proceedings are to be instituted or maintained against the Commissioner of Police, the Controller of Immigration or any other police officer or immigration officer, in respect of anything done in good faith and with reasonable care under the authority of this section.


document_id: clltca-2019
provision_ref: s29
chapter: PART 7 - RECOVERY OF OUTSTANDING PREMIUMS
section: 29
title: Penalty for late payment of premium under CSHL Scheme
content:
29. —(1) Subject to subsection (3), if the whole or any part of the premium for an insurance period under the CSHL Scheme, or any interest imposed under section 23(1)( a ), remains unpaid at the expiry of such period as the Board may permit (being at least one month) after the beginning of that insurance period, a penalty may be added to the premium and interest at the rates and times prescribed in the regulations. (2) Subject to subsection (3), the regulations may provide for penalties to be imposed at different rates for premiums and interest imposed under section 23(1)( a ) which remain unpaid for different periods. (3) The total amount of the penalties imposed on the premium and interest for an insurance period must not exceed 17% of the total amount of the premium for that insurance period and any interest imposed under section 23(1)( a ) on the outstanding premiums for that insurance period. (4) The recovery body may, subject to such terms and conditions as the recovery body may specify, extend the time limit within which payment of any penalty is to be made. (5) A recovery body may for any good cause shown remit the whole or any part of the penalty imposed under subsection (1).


document_id: clltca-2019
provision_ref: s30
chapter: PART 7 - RECOVERY OF OUTSTANDING PREMIUMS
section: 30
title: Recovery body
content:
30. —(1) The Minister may appoint one or more public authorities as recovery bodies for the purposes of this Part. (2) A recovery body may — ( a ) only exercise any powers under this Part which the Minister authorises the recovery body to exercise; and ( b ) must, in exercising those powers, comply with any directions of the Council. (3) Despite the provisions of any written law, a legal officer of a recovery body who is an advocate and solicitor may appear for the recovery body in any civil proceedings arising from the exercise of the recovery body’s powers under this Part, and may make and do all acts and applications in respect of such proceedings on behalf of the recovery body.


document_id: clltca-2019
provision_ref: s31
chapter: PART 8 - HANDLING OF RESTRICTED INFORMATION
section: 31
title: Health information
content:
31. —(1) Where the Minister certifies, under the Minister’s hand, that an authorised person requires confidential information relating to the disability of a person (called in this section a data subject) which is in the possession of a healthcare institution or a healthcare practitioner who attended to the data subject in order to — ( a ) assess the eligibility of the data subject to be covered under the CSHL Scheme or ESH Scheme; or ( b ) assess a claim for benefits under the CSHL Scheme or ESH Scheme by or for the data subject, the authorised person may request that healthcare institution or healthcare practitioner to provide so much of the confidential information to the authorised person as the authorised person needs for that purpose. (2) Where any confidential information about a data subject has been obtained under subsection (1), the authorised person may — ( a ) access or use, or disclose to another authorised person, such confidential information for the purposes certified by the Minister under subsection (1) or such other purposes relating to the provision of support for a person’s disability as may be prescribed; ( b ) with the approval of the Minister, disclose such confidential information to another authorised person for the administration or enforcement of a prescribed public scheme; or ( c ) disclose such confidential information to any public authority or other organisation or person, that is responsible for a prescribed public scheme (called in this subsection a recipient organisation) or any officer, employee or agent of the recipient organisation, for the recipient organisation to disburse, or facilitate the disbursement of, a grant, subsidy or benefit under the prescribed public scheme, only — (i) in the form of a report derived from such confidential information stating whether any person satisfies the disability criteria for a grant, subsidy or benefit under a prescribed public scheme or any disability tier or category within the eligibility criteria (whether or not the report includes any information other than health information); (ii) at the request of the recipient organisation; and (iii) with the approval of the Minister. (3) If a data subject opts out, in the manner determined by the Minister, from the provision of information about the data subject for the purposes of subsection (1)( a ), an authorised person must not, from the time the authorised person is notified that the data subject has opted out, except with the data subject’s consent — ( a ) request a healthcare institution or a healthcare practitioner to provide the information under subsection (1)( a ); or ( b ) access or use any information obtained under subsection (1)( a ). (4) If a data subject opts out, in the manner determined by the Minister, from the provision of information about the data subject for a prescribed purpose mentioned in subsection (2)( a ) or for the purposes of subsection (2)( b ) or ( c ), an authorised person must not, from the time the authorised person is notified that the data subject has opted out, disclose the information under subsection (2)( a ) for that prescribed purpose or the information under subsection (2)( b ) or ( c ) (as the case may be), except with the data subject’s consent. (5) In this Part, “authorised person” means a person authorised by the Minister to access, use or disclose information obtained under subsection (1) for the purposes described in subsection (1)( a ) or ( b ) or (2)( a ), ( b ) or ( c ).


document_id: clltca-2019
provision_ref: s32
chapter: PART 8 - HANDLING OF RESTRICTED INFORMATION
section: 32
title: Confidential information
content:
32. —(1) Where the Minister certifies, under the Minister’s hand, that a public officer, a public authority or any other organisation or person (called in this subsection a recipient organisation) requires any particular class of confidential information about a person (called in this section a data subject), which is in the possession of a Government department, another public authority or the Administrator, for the administration or enforcement of the CSHL Scheme, ESH Scheme or any prescribed social or healthcare‑related public scheme (as the case may be), or in order to disburse or facilitate the disbursement of any grant, subsidy or benefit under a prescribed social or healthcare‑related public scheme, in relation to the data subject — ( a ) the Minister charged with the responsibility for that Government department or other public authority, or the Minister charged with the responsibility for health in the case of the Administrator, may, in addition to any other power conferred by any written law, direct that Government department or other public authority or the Administrator (as the case may be) to provide so much of the class of confidential information about the data subject to the recipient organisation as the recipient organisation requires for that purpose; and ( b ) that Government department or other public authority or the Administrator (as the case may be) must comply with the direction under paragraph ( a ). (2) The Board may use so much of the confidential information about a data subject obtained by the Board before, on or after 2 January 2020 in the course of performing the Board’s functions or duties under the CPF Act, to administer or enforce the CSHL Scheme or ESH Scheme in relation to that data subject as — ( a ) the Minister certifies, under the Minister’s hand, to be required by the Board for that purpose; and ( b ) the Minister charged with the responsibility for the Board approves to be used for that purpose. (3) The Board may use so much of the confidential information about a data subject obtained by the Board in the course of performing its functions or duties under this Act to perform the Board’s functions and duties under the CPF Act in relation to that data subject as the Minister approves to be used for that purpose. (4) An Administrator may use so much of the confidential information about a data subject obtained by the Administrator in the course of performing its functions or duties under this Act to administer or enforce the CSHL Scheme, ESH Scheme or any prescribed social or healthcare‑related public scheme in relation to that data subject as the Minister approves to be used for that purpose. (5) A person who had consented, before 2 January 2020, to the Board disclosing information about that person in the Board’s possession to an insurer to administer or operate an insurance scheme mentioned in section 77(1)( k ) of the CPF Act in relation to that person, or that person’s dependant, is deemed to consent to the Board disclosing information, obtained by the Board on or after that date in the course of administering or enforcing the CPF Act or this Act, to that insurer to administer or operate that insurance scheme (whether pursuant to regulations made under section 77(1)( k ) of the CPF Act or regulations made under section 64(2)( l )), until the deemed consent is withdrawn. (6) IRAS may, if it is prescribed as a recovery body, use to enforce the CSHL Scheme or ESH Scheme so much of the means information and confidential information obtained by it (whether before, on or after 2 January 2020) in the course of performing its functions under section 6 of the Inland Revenue Authority of Singapore Act 1992 as the Minister charged with the responsibility for finance approves to be used for such purpose. (7) This section does not apply to — ( a ) confidential information about a person obtained directly or indirectly from a healthcare institution or a healthcare practitioner who attended to that person; and ( b ) means information, except means information obtained by IRAS (if any) under subsection (6).


document_id: clltca-2019
provision_ref: s33
chapter: PART 8 - HANDLING OF RESTRICTED INFORMATION
section: 33
title: Offence and immunity relating to disclosure
content:
33. —(1) Subject to subsections (2), (3) and (4), a person who, knowing that any information about any other person was provided or obtained under any provision of section 31 or 32, accesses, uses or discloses the information, without the consent of that other person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (2) No person or organisation shall be guilty of an offence under any written law or of any breach of confidence, shall incur any civil liability or shall be liable to any disciplinary action by a professional body, by virtue merely of doing any of the following in good faith and with reasonable care: ( a ) complying with a request under section 31(1) or a direction under section 32(1)( a ); ( b ) providing or disclosing information in accordance with any provision of section 31 or 32; ( c ) accessing or using information provided or obtained under any provision of section 31 or 32 in accordance with the requirements of such provision and any terms and conditions imposed under section 34(1); ( d ) with the approval of the Minister — (i) disclosing any information obtained under section 31 or 32 to the Council for the exercise of the Council’s functions and powers under this Act; or (ii) where the organisation is the Council, using that information to exercise its functions and powers under this Act. (3) Sections 31 and 32 and subsection (2) apply despite any obligations as to confidentiality under the common law regarding medical or healthcare information. (4) Sections 31 and 32 do not affect the exercise of any right or authority under any other written law or rule of law to access, use or disclose confidential information.


document_id: clltca-2019
provision_ref: s34
chapter: PART 8 - HANDLING OF RESTRICTED INFORMATION
section: 34
title: General
content:
34. —(1) An approval under section 31(2)( b ) or ( c )(iii), 32(2)( b ), (3), (4) or (6) or 33(2)( d ) or a direction under section 32(1)( a ) may be given on such terms and conditions, as the Minister giving the approval or direction considers appropriate, regarding access to the information provided or disclosed pursuant to the approval or direction, as the case may be. (2) A certification, an approval or a direction by a Minister under this Part may be given in relation to a particular class of confidential information about persons within a class of persons specified in the certification, approval or direction. (3) References in this Part to the CSHL Scheme, ESH Scheme and to other provisions of this Act are to apply, before the commencement of the provisions establishing the CSHL Scheme, the provisions establishing the ESH Scheme and the commencement of those other provisions of this Act, respectively, as if those provisions were already in force.


document_id: clltca-2019
provision_ref: s35
chapter: PART 9 - CARESHIELD LIFE AND ELDERSHIELD
section: 35
title: Establishment of CareShield Life and ElderShield Insurance Fund
content:
35. A fund called the CareShield Life and ElderShield Insurance Fund is established for the purposes of the CSHL Scheme and ESH Scheme, comprising — ( a ) all premiums (including interest, costs and penalties under sections 23(1)( a ), 27(3) and 29, respectively) and any other sums paid under the CSHL Scheme; ( b ) all premiums under the ESH Scheme paid on or after the transfer date, and any other sums paid under the ESH Scheme; ( c ) all Government grants paid to the credit of the Fund for the purposes of the CSHL Scheme and ESH Scheme; ( d ) all gifts and donations given or made by any person for payment into the Fund, or to the Government or the Board for the purposes of the CSHL Scheme and ESH Scheme or for payment into the Fund; ( e ) all investments out of moneys in the Fund under section 36(4) and the proceeds of any such investments, including the net income from such investments; and ( f ) all moneys under the former ElderShield Scheme that are transferred to the Government on the transfer date.


document_id: clltca-2019
provision_ref: s36
chapter: PART 9 - CARESHIELD LIFE AND ELDERSHIELD
section: 36
title: Payments from Fund, etc.
content:
36. —(1) All payments of benefits (including goodwill sums) and other payments (including any rebate mentioned in subsection (2) and reimbursement of assessors’ fees for disability assessments as determined by the Board) under the CSHL Scheme and ESH Scheme are to be met from the Fund. (2) The Minister may declare the payment of any rebate from the Fund to insured persons to account for the difference between the Fund’s expected experience and actual experience (including claims experience), which is in such proportion and in such manner as the Minister may determine. (3) Any costs or expenses incurred in — ( a ) the administration or enforcement of the CSHL Scheme and ESH Scheme; and ( b ) doing anything incidental to or in connection with the administration or enforcement mentioned in paragraph ( a ), may be met from the Fund. (4) The Board may invest the moneys in the Fund in accordance with the standard investment power of statutory boards as defined in section 33A of the Interpretation Act 1965, except that the Board is subject to any general or specific directions from the Minister (instead of the Minister charged with the responsibility for the Board). (5) The Board and the Administrator are not liable for any payment under the CSHL Scheme or ESH Scheme on or after the transfer date, for any costs or expenses incurred in the administration or enforcement of the CSHL Scheme or ESH Scheme (as the case may be), by reason of anything done, purported to be done, or omitted to be done, by the Board or the Administrator (as the case may be) in good faith and with reasonable care.


document_id: clltca-2019
provision_ref: s37
chapter: PART 9 - CARESHIELD LIFE AND ELDERSHIELD
section: 37
title: CareShield Life Council
content:
37. —(1) The Minister may appoint a CareShield Life Council comprising the following members: ( a ) the Chairperson; ( b ) at least 2 and not more than 16 other members. (2) The Minister may appoint a Deputy Chairperson from among the members mentioned in subsection (1)( b ). (3) In addition to the functions conferred on the Council by other provisions of this Act, the Council also has the following functions: ( a ) to make recommendations to the Minister on policy and scheme parameters, including premiums and benefits, to ensure that the CSHL Scheme and ESH Scheme provide effective protection for citizens of Singapore and permanent residents of Singapore in an affordable and sustainable manner; ( b ) to review the administration of the CSHL Scheme and ESH Scheme to ensure alignment with the directions of the Council; ( c ) to advise the Minister on matters related to the investment of the Fund, and any other matters related to the CSHL Scheme, ESH Scheme or the Fund as the Minister may direct. (4) The terms and conditions of the appointment of the members of the Council are to be determined by the Minister. (5) The Council may appoint from among its own members or from other persons who are not members such number of committees as the Council thinks fit for purposes which, in the opinion of the Council, will be better managed by means of such committees. (6) Unless otherwise provided by or under this Act, the Council may determine the procedure to be adopted by the Council for the purposes of this Act.


document_id: clltca-2019
provision_ref: s38
chapter: PART 10 - LONG-TERM CARE SUPPORT FUND
section: 38
title: Establishment of Long-Term Care Support Fund
content:
38. —(1) A Government fund called the Long‑Term Care Support Fund is established comprising — ( a ) all moneys from time to time appropriated from the Consolidated Fund and authorised to be paid into the LTC Support Fund by any written law; ( b ) all other revenues of Singapore allocated by any written law to the LTC Support Fund; ( c ) all gifts and donations given or made by any person to the Government for the purposes of the LTC Support Fund; and ( d ) all investments out of moneys in the LTC Support Fund authorised to be made by any written law and the proceeds of any such investment, including the net income from such investments. (2) For the purposes of subsection (1)( d ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Fund any profit derived or loss sustained (as the case may be) from the realisation of such investments. (3) The LTC Support Fund must be regarded as comprising public moneys for the purposes of any other written law, and the Financial Procedure Act 1966 applies to the LTC Support Fund to the extent that it is not inconsistent with any of the provisions of this Act.


document_id: clltca-2019
provision_ref: s39
chapter: PART 10 - LONG-TERM CARE SUPPORT FUND
section: 39
title: Purposes of LTC Support Fund
content:
39. —(1) The moneys in the LTC Support Fund may be withdrawn and applied only for all or any of the following purposes: ( a ) to provide premium support for the CSHL Scheme in the form of a subsidy of the cost of any premium of the CSHL Scheme covering an eligible insured person; ( b ) to fund any part of the cost of the CSHL Scheme and ESH Scheme; ( c ) to fund all or any part of the cost of any prescribed public scheme that provides financial support for disabled persons; ( d ) for such other purposes as are authorised under this Act to be paid out of the LTC Support Fund. (2) The moneys in the LTC Support Fund may be deposited in any bank account and invested in any investment authorised under the Financial Procedure Act 1966.


document_id: clltca-2019
provision_ref: s40
chapter: PART 10 - LONG-TERM CARE SUPPORT FUND
section: 40
title: Expenses
content:
40. —(1) Unless otherwise directed by the Minister, all costs, expenses and charges incurred in relation to making any investment of moneys in the LTC Support Fund are to be charged upon and payable out of the LTC Support Fund. (2) All other expenses incidental to or arising from the administration and management of moneys in the LTC Support Fund are to be charged upon and payable out of the LTC Support Fund, including but not limited to the following: ( a ) the cost of auditing the accounts of the LTC Support Fund, and the remuneration of the auditor if he or she is not the Auditor‑General; ( b ) the expenses incurred by any public authority or person whom the Minister has appointed to administer the LTC Support Fund in carrying out their duties under that appointment and doing any thing incidental to or in connection with the purposes of that appointment. (3) However, no remuneration or allowances payable to a public officer may be met out of moneys in the LTC Support Fund.


document_id: clltca-2019
provision_ref: s41
chapter: PART 10 - LONG-TERM CARE SUPPORT FUND
section: 41
title: Withdrawals
content:
41. —(1) Moneys cannot be withdrawn from the LTC Support Fund unless they are charged upon the LTC Support Fund or are authorised to be withdrawn or transferred under this Act. (2) Despite section 13 of the Financial Procedure Act 1966, payment may be made out of the LTC Support Fund only if the payment is approved by the Minister or an accounting officer authorised, in writing, by the Minister.


document_id: clltca-2019
provision_ref: s42
chapter: PART 10 - LONG-TERM CARE SUPPORT FUND
section: 42
title: Financial year
content:
42. The financial year of the LTC Support Fund begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: clltca-2019
provision_ref: s43
chapter: PART 10 - LONG-TERM CARE SUPPORT FUND
section: 43
title: Accounts
content:
43. An accounting officer of the LTC Support Fund must — ( a ) cause to be kept proper accounts and records of all transactions and affairs relating to the LTC Support Fund, or the transactions and affairs of the part of the LTC Support Fund that the accounting officer is in charge of, as the case may be; ( b ) do all things necessary to ensure that payments out of the LTC Support Fund and the disbursement of those funds are properly authorised and correctly made; and ( c ) ensure that adequate control is maintained over the assets and receipts of the LTC Support Fund, or the assets and receipts of the part of the LTC Support Fund that the accounting officer is in charge of, as the case may be.


document_id: clltca-2019
provision_ref: s44
chapter: PART 10 - LONG-TERM CARE SUPPORT FUND
section: 44
title: Financial statements and audit
content:
44. —(1) The Minister must, as soon as practicable after the close of each financial year, cause to be prepared and submitted financial statements and accounts of the LTC Support Fund in respect of the financial year to the Auditor‑General, or such other auditor who may be appointed by the Minister in consultation with the Auditor‑General, for audit in accordance with this Act. (2) A person must not be qualified for appointment as an auditor under subsection (1) unless he or she is a public accountant within the meaning of the Companies Act 1967. (3) The auditor of the LTC Support Fund or any person authorised by the auditor is entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the LTC Support Fund and may make copies of, or take extracts from, any such accounting and other records. (4) The auditor of the LTC Support Fund must in his or her report state — ( a ) whether the financial statements show fairly the financial transactions and the state of affairs of that Fund; ( b ) whether proper accounting and other records have been kept, including records of all assets of that Fund; ( c ) whether receipts, expenditure and investment of moneys and the acquisition and disposal of assets on account of that Fund during the financial year were in accordance with the provisions of this Act; and ( d ) such other matters arising from the audit as he or she considers necessary. (5) As soon as the accounts of the LTC Support Fund and the financial statements have been audited, a copy of the audited financial statements, together with a copy of any report made by the Auditor‑General, must be submitted to the Minister. (6) Where the Auditor‑General is not the auditor of the LTC Support Fund, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor‑General. (7) The Minister must as soon as practicable cause a copy of the audited financial statements of the LTC Support Fund and the auditor’s report to be presented to Parliament.


document_id: clltca-2019
provision_ref: s45
chapter: PART 10 - LONG-TERM CARE SUPPORT FUND
section: 45
title: Dissolution of LTC Support Fund
content:
45. Upon dissolution of the LTC Support Fund during any term of office of the Government (within the meaning of the Constitution), the balance of such moneys remaining in the LTC Support Fund must be transferred to the Consolidated Fund and be added to the reserves of the Government not accumulated by it during that term of office.


document_id: clltca-2019
provision_ref: s46
chapter: PART 11 - ENFORCEMENT
section: 46
title: Investigators
content:
46. —(1) The Minister may, in writing, appoint any public officer or any other person as an investigator to investigate any offence under this Act. (2) The chief executive officer of the Board may, in writing, appoint any officer of the Board as an investigator to investigate any offence under this Act. (3) An investigator, when exercising any powers and carrying out any duties under this Act, must comply with such general or special directions as may be given — ( a ) by the Minister, if the investigator is a public officer or a person mentioned in subsection (1); or ( b ) by the chief executive officer of the Board, if the investigator is an officer of the Board.


document_id: clltca-2019
provision_ref: s47
chapter: PART 11 - ENFORCEMENT
section: 47
title: Power to obtain information
content:
47. —(1) An investigator who has a reasonable suspicion that any person has committed an offence under this Act may — ( a ) by written notice require the person to attend at such reasonable time and at such place as may be specified by the investigator to answer any question or to provide a signed statement in writing concerning the suspected offence; ( b ) require the person — (i) to provide any information within the person’s knowledge; or (ii) to produce for inspection any document or record in the person’s possession, that the investigator believes on reasonable grounds to be connected with the suspected offence; and ( c ) retain the original copy of any document or record that the investigator believes on reasonable grounds to be connected with the suspected offence, or make or cause to be made, without payment, copies of or extracts from that document or record. (2) Where any document or record required by an investigator is kept in electronic form, then — ( a ) the power of an investigator to require that document or record to be produced for inspection under subsection (1)( b )(ii) includes the power to require a copy of that document or record to be made available for inspection in legible form; and ( b ) subsection (1)( c ) applies to any copy so made available. (3) Any copy of or extract from any document or record made under subsection (1)( c ) and certified as such by the investigator is admissible as evidence in any proceedings under this Act. (4) A person who, when required by an investigator to provide under subsection (1)( b ) any information or produce any document or record, refuses or fails, without reasonable excuse, to provide the information or to produce the document or record within the time allowed by the investigator 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 6 months or to both. Division 2 &#x2014; Offences


document_id: clltca-2019
provision_ref: s48
chapter: PART 11 - ENFORCEMENT
section: 48
title: False or incorrect health declaration, means declaration, claim or application
content:
48. —(1) A person commits an offence if the person — ( a ) makes, or assists in the making of, a health declaration, means declaration, claim or any application under this Act which is false or misleading in a material particular, knowing that the declaration, claim or application is false or misleading in a material particular; ( b ) in making a health declaration, means declaration, claim or an application omits any matter or thing without which the health declaration, means declaration, claim or application (as the case may be) is misleading in a material particular, knowing that the omission makes the declaration, claim or application misleading in a material particular; or ( c ) provides any information to any person which is false or misleading in a material particular, knowing that the information provided — (i) is false or misleading in a material particular; and (ii) may be included in a health declaration, means declaration or claim made under the CSHL Scheme, or ESH Scheme, or an application under this Act, or may affect any payment of a premium subsidy for the purposes of the CSHL Scheme. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) in the case where the person is an individual — to a penalty equal to the relevant amount; or ( b ) in any other case — to a penalty equal to 5 times the relevant amount. (3) A person who commits an offence under subsection (1), with the intention of causing any premium to be undercharged or any benefit or claim to be overpaid under the CSHL Scheme or ESH Scheme, shall be guilty of an offence and shall be liable on conviction — ( a ) in the case where the person is an individual — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and (ii) in addition, to a penalty equal to 2 times the relevant amount; or ( b ) in any other case — (i) to a fine not exceeding $10,000; and (ii) in addition, to a penalty equal to 4 times the relevant amount. (4) In this section, “relevant amount” means the amount by which any premium has been undercharged, or the amount of any benefit or claim that has been overpaid, as a result of the offence, or that would have been so undercharged or overpaid if the false or misleading declaration, claim or application (as the case may be) had been accepted as correct.


document_id: clltca-2019
provision_ref: s49
chapter: PART 11 - ENFORCEMENT
section: 49
title: Fraudulent disability assessment
content:
49. —(1) An assessor in making a report of a disability assessment that he or she conducted in respect of an individual under this Act must not give any information which is false, or conceal any information, with the intent of causing — ( a ) the individual to be given or not to be given insurance cover under the CSHL Scheme or ESH Scheme; or ( b ) a claim made by or on behalf of the individual to be accepted or rejected under the CSHL Scheme or ESH Scheme. (2) An assessor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in addition, to a penalty equal to 4 times the relevant amount (if applicable). (3) In this section, “relevant amount” means the amount of overpayment and the amount of assessment fee charged for the assessment.


document_id: clltca-2019
provision_ref: s50
chapter: PART 11 - ENFORCEMENT
section: 50
title: Misuse of payouts
content:
50. —(1) A person who receives any benefits under the CSHL Scheme or ESH Scheme on behalf of an insured person must first apply the benefits for the care of the insured person. (2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case where the person is an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and (ii) in addition, to a penalty equal to 4 times the relevant amount; or ( b ) in any other case — (i) to a fine not exceeding $20,000; and (ii) in addition, to a penalty equal to 8 times the relevant amount. (3) Where a person has been convicted by a court under subsection (2), the court may order that person to make payment into the Fund of any moneys paid out to the person under the CSHL Scheme or ESH Scheme for the care of the insured person, including interest on those moneys at such rate as may be prescribed. (4) In this section, “relevant amount” means the amount of the benefits received by the person mentioned in subsection (1) which was not applied for the care of the insured person.


document_id: clltca-2019
provision_ref: s51
chapter: PART 11 - ENFORCEMENT
section: 51
title: Obstructing investigators in execution of duties
content:
51. A person who, without reasonable excuse, obstructs, hinders or impedes any investigator in the performance or execution of a duty or anything which the investigator is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: clltca-2019
provision_ref: s52
chapter: PART 11 - ENFORCEMENT
section: 52
title: Offences by corporations
content:
52. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: clltca-2019
provision_ref: s53
chapter: PART 11 - ENFORCEMENT
section: 53
title: Offences by unincorporated associations or partnerships
content:
53. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: clltca-2019
provision_ref: s54
chapter: PART 11 - ENFORCEMENT
section: 54
title: Jurisdiction of courts
content:
54. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: clltca-2019
provision_ref: s55
chapter: PART 11 - ENFORCEMENT
section: 55
title: Conduct of prosecutions
content:
55. Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted — ( a ) by any public officer appointed by the Minister to conduct such proceedings; or ( b ) by any officer of the Board appointed by the chief executive officer of the Board to conduct such proceedings.


document_id: clltca-2019
provision_ref: s56
chapter: PART 11 - ENFORCEMENT
section: 56
title: Composition of offences
content:
56. —(1) A public officer authorised by the Minister, or an officer of the Board authorised by the chief executive officer of the Board, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: clltca-2019
provision_ref: s57
chapter: PART 12 - MISCELLANEOUS
section: 57
title: Power to delegate
content:
57. —(1) The Council may in respect of a specified matter or class of matters, by writing, delegate any of its functions or duties under this Act to a member of the Council or a committee appointed under section 37(5), except the power of delegation conferred by this subsection. (2) The Board may in respect of a specified matter or class of matters, by writing, delegate any of its functions, duties or powers under this Act to a member, an officer or a committee of the Board, except the power of delegation conferred by this subsection. (3) The chief executive officer of the Board may in respect of a specified matter or class of matters, by writing, delegate any of the chief executive officer’s functions, duties or powers under this Act to a member or an officer of the Board, except the power of delegation conferred by this subsection. (4) An Administrator may in respect of a specified matter or class of matters, by writing, delegate any of its functions, duties or powers under this Act to an officer of the Administrator, except the power of delegation conferred by this subsection. (5) A recovery body may in respect of a specified matter or class of matters, by writing, delegate any of its powers under this Act to any officer of the recovery body, except the power of delegation conferred by this subsection. (6) Without affecting the power of delegation under section 36 of the Interpretation Act 1965, any Minister who has the power to issue an approval or a direction under Part 8 may in respect of any specified matter or class of matters, by writing, delegate that power to any public officer. (7) Every member, officer, committee or public officer purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation. (8) A delegation under this section is revocable at will, and no such delegation prevents the exercise of any power, function or duty by the Minister, the Council, the Board, the chief executive officer of the Board, the Administrator or the recovery body (as the case may be) that made the delegation.


document_id: clltca-2019
provision_ref: s58
chapter: PART 12 - MISCELLANEOUS
section: 58
title: Change of address
content:
58. —(1) Subject to subsection (2) — ( a ) every insured person who is liable to pay any premium; ( b ) every person who is liable to pay any premium on behalf of an insured person; and ( c ) every person who receives any benefit under the CSHL Scheme or ESH Scheme, including a person who receives any such benefit on behalf of an insured person, must inform the Board or the Administrator in writing of any change in that insured person’s or that person’s residential address, as the case may be. (2) If a person has changed the person’s residential address and has made a report of the change under section 10 of the National Registration Act 1965, that person is taken to have informed the Board of the change of that residential address in accordance with subsection (1).


document_id: clltca-2019
provision_ref: s59
chapter: PART 12 - MISCELLANEOUS
section: 59
title: Certificate of officer authorised by Board to be evidence
content:
59. —(1) In any legal proceedings, a copy of an entry in the accounts of the Fund duly certified under the hand of an officer of the Board authorised by the Board to sign the certification is prima facie evidence of the entry having been made and of the truth of the contents of the entry. (2) In any suit under section 27, the production of a certificate signed by an officer of the Board authorised by the Board to sign the certification stating the following is sufficient evidence of the amount due and sufficient authority for the court to give judgment for that amount: ( a ) the name and address of the defaulter or the person from whom the amount is due; ( b ) the amount of the outstanding premium payable by the defaulter or other amount payable by the person from whom the amount is due.


document_id: clltca-2019
provision_ref: s60
chapter: PART 12 - MISCELLANEOUS
section: 60
title: Protection from personal liability
content:
60. No liability shall lie against — ( a ) any public officer; ( b ) any member of the Council or of any committee appointed under section 37; ( c ) any member, officer or employee of the Board, the Administrator or a recovery body; or ( d ) any other person acting under the direction of the Council, the Board or the Administrator, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in the exercise or purported exercise of any power under this Act, or the performance or purported performance of any function or duty under this Act.


document_id: clltca-2019
provision_ref: s61
chapter: PART 12 - MISCELLANEOUS
section: 61
title: Service of documents
content:
61. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. [Act 18 of 2025 wef 01/01/2026] (2) A document permitted or required by or under this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents generally, or specifically for the document, or (if no address is so specified), the individual’s residential address or business address; [Act 18 of 2025 wef 01/01/2026] ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. [Act 18 of 2025 wef 01/01/2026] (3) A document permitted or required or under by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer, or an authorised representative, of the partnership; [Act 18 of 2025 wef 01/01/2026] ( b ) by leaving it at, or by sending it by prepaid registered post to, the business address of the partnership; ( c ) by sending it by fax to the fax number used at the business address of the partnership; or ( d ) by sending it by email to the last email address of the partnership. [Act 18 of 2025 wef 01/01/2026] (4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or to the manager of the limited liability partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. [Act 18 of 2025 wef 01/01/2026] (5) Service of a document under subsection (2), (3) or (4) takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or ( c ) if the document is sent by email, at the time the email becomes capable of being retrieved by the person to whom the document is sent. (6) However, service of any document under this Act on a person by email may be effected only with that person’s prior written consent to service in that way. [Act 18 of 2025 wef 01/01/2026] (7) [ Deleted by Act 18 of 2025 wef 01/01/2026 ] (8) In this section — “authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership; [Act 18 of 2025 wef 01/01/2026] “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or [Act 18 of 2025 wef 01/01/2026] ( b ) in the case of a partnership (other than a limited liability partnership), the principal or last known place of business in Singapore of the partnership; “document” excludes the following documents: ( a ) any document to be served in proceedings in court; ( b ) any document to be served on the Government or a public authority; ( c ) a demand note mentioned in section 23(2); ( d ) a notice mentioned in section 26(1)( c ); [Act 18 of 2025 wef 01/01/2026] “last email address” means — ( a ) the last email address given, by the addressee concerned to the person giving or serving the document, as the email address for the service of documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: clltca-2019
provision_ref: s61A
chapter: PART 12 - MISCELLANEOUS
section: 61A
title: Service of demand notes
content:
61A. —(1) A demand note may be served as described in this section. (2) A demand note may be served on a person — ( a ) by giving it to the person personally; ( b ) by sending it by prepaid registered post to the address specified by the person generally for the service of documents permitted or required by or under this Act to be served, or specifically for the service of demand notes; ( c ) if no address mentioned in paragraph ( b ) is so specified, by sending it by prepaid registered post to — (i) the person’s residential address; (ii) the person’s business address; or (iii) any correspondence address provided by the person — (A) in relation to the administration of this Act; or (B) in accordance with regulations made under section 64; ( d ) by leaving it at the person’s residential address with an adult person apparently resident there, or at the person’s business address with an adult person apparently employed there; ( e ) by affixing a copy of the demand note in a conspicuous place at the person’s residential address or business address; ( f ) by sending it by fax to the fax number given by the person generally for the service of documents permitted or required by or under this Act to be served, or specifically for the service of demand notes; or ( g ) by sending it by email in any manner provided in subsection (3). (3) For the purposes of subsection (2)( g ), a demand note may be served on a person ( A ) — ( a ) by sending it by email to the last email address given by A to the recovery body as the email address for the service of demand notes under this Act, if A has given prior written consent to service in this manner; or ( b ) by sending it by email to an email address of A , if — (i) the recovery body sends A an email at that email address; (ii) the email contains a prominent notice stating — (A) that if A sends any reply to the recovery body from that email address, A is treated as consenting to service of any demand note on A by sending it by email to that email address; and (B) that A may, at any time, give the recovery body a notice in writing — (BA) refusing service of any demand note on A by email at that email address; and (BB) specifying a valid address or valid email address at which A may be served with a demand note; (iii) A sends a reply to the recovery body from that email address and does not give the recovery body the notice mentioned in sub-paragraph (ii)(B) in that reply; and (iv) in the period between the date A sends the reply and the date immediately before the day the demand note is served (both dates inclusive), A does not give the recovery body the notice mentioned in sub-paragraph (ii)(B). (4) Service of a demand note on a person under this section takes effect — ( a ) if the demand note is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the demand note is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the demand note is sent by prepaid registered post, 2 days after the day the demand note was posted (even if it is returned undelivered). (5) In addition, the Minister may by regulations made under section 64 prescribe, in relation to an electronic service of a recovery body, that despite anything in the relevant written law, the provisions of the relevant written law (so far as relevant) apply in relation to the service by the recovery body of a demand note under this Act using the electronic service as they apply to the service of documents permitted or required to be served using the electronic service under the relevant written law, with any exceptions, modifications and adaptations that may be prescribed. (6) Service of a demand note in accordance with any relevant written law as applied by regulations made for the purpose of subsection (5) takes effect at the time when an electronic record of it enters the person’s account with the electronic service. (7) This section does not affect the service of a demand note in accordance with any other written law or in any manner agreed by the person to be served. (8) In this section — “business address” and “residential address” have the meanings given by section 61(8); “demand note” means a demand note mentioned in section 23(2); “electronic service”, in relation to a recovery body, means — ( a ) if the recovery body is the Board — the electronic service platform provided under section 74(1) of the CPF Act, if prescribed as an electronic service for the purposes of this section; ( b ) if the recovery body is IRAS — the system established under section 29(1) of the Inland Revenue Authority of Singapore Act 1992, if prescribed as an electronic service for the purposes of this section; and ( c ) if the recovery body is any other public authority appointed as a recovery body under section 30 — any system established under any written law that enables the public authority to serve any document, if prescribed as an electronic service for the purposes of this section; “relevant written law”, in relation to an electronic service, means — ( a ) if the electronic service is the electronic service platform provided under section 74(1) of the CPF Act — the CPF Act and any subsidiary legislation mentioned in section 74(4) or (5) of that Act; ( b ) if the electronic service is the system established under section 29(1) of the Inland Revenue Authority of Singapore Act 1992 — any provision or subsidiary legislation mentioned in paragraph ( a ) or ( c ) of the definition of “relevant tax legislation” (for any document or information permitted or required by or under such legislation to be served or given) in section 29(7) of that Act; and ( c ) in any other case — (i) the written law under which the electronic service is established; and (ii) any written law that provides for the procedure for the use of the electronic service, the circumstances in which a document may be served through the electronic service, and the manner in which a person who has been served a document through the electronic service is to be notified of such service. [Act 18 of 2025 wef 01/01/2026]


document_id: clltca-2019
provision_ref: s62
chapter: PART 12 - MISCELLANEOUS
section: 62
title: General exemption
content:
62. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as may be specified in the order.


document_id: clltca-2019
provision_ref: s63
chapter: PART 12 - MISCELLANEOUS
section: 63
title: Amendment of First and Fourth Schedules
content:
63. —(1) The Minister may, by order in the Gazette , amend, add to or vary the First Schedule or Fourth Schedule. [Act 18 of 2025 wef 01/01/2026] (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette . [Act 18 of 2025 wef 01/01/2026]


document_id: clltca-2019
provision_ref: s64
chapter: PART 12 - MISCELLANEOUS
section: 64
title: Regulations
content:
64. —(1) The Minister may make regulations necessary or convenient for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), such regulations may — ( a ) provide for the different classes of persons who are to be covered under the CSHL Scheme under section 6(1)( c ); ( b ) provide for determination of insurance periods under the CSHL Scheme and ESH Scheme; ( c ) provide for the commencement of insurance cover under the CSHL Scheme; ( d ) despite sections 6(1) and 11(1), provide for the circumstances in which the insurance cover ends for a person under the CSHL Scheme and ESH Scheme, the date on which such insurance cover ends, and for the reinstatement of a person as an insured person in certain circumstances, including — (i) refunds and payments to be made to adjust for such changes (including payments, in certain circumstances and to certain persons, of goodwill sum and the treatment of payments of goodwill sum as payments of insured sum when a person is reinstated as an insured person); (ii) interest paid into a person’s medisave account to be deducted and paid to the general moneys of the Central Provident Fund; and (iii) payments that a person is liable to make under this Act to be deducted from payments due to that person under this Act, to adjust for such changes; ( e ) prescribe the benefits payable under the CSHL Scheme and ESH Scheme (which may differ for different classes of insured persons) and provide for claims for such benefits, including providing for any payments which an insured person is liable to make under this Act to be deducted from the benefits payable to that person or the approved payee; ( f ) prescribe the circumstances for imposing and the manner of computing premiums (which may be at different rates for different classes of insured persons), interest (including compound interest) under section 23 and penalties imposed under section 29, and the order in which payments are applied to such premiums, interest and penalties, and provide for waiver of interest; ( g ) prescribe the circumstances in which premiums, interest under section 23 and penalties imposed under section 29 are payable by a person (other than an insured person) and may be deducted from that person’s medisave account under section 14(4); ( h ) provide for any payment under this Act to be deducted from the medisave account of the person liable to make that payment; ( i ) provide for the refund of any premium, interest under section 23, penalty under section 29 or other payment made under this Act (called in this paragraph the refunded payment), including — (i) the rate, manner or circumstances for the refund to be made; (ii) for any payments which the insured person is liable to make under this Act to be deducted from the amount to be refunded; and (iii) if the refunded payment was deducted from an account of a CPF member in the Central Provident Fund, the refund, to that or any other account of that CPF member in the Central Provident Fund, of the whole or such part of the interest which would have been payable if the refunded payment had not been so deducted; ( j ) prescribe the fees and charges for the purposes of this Act; ( k ) provide in respect of any offence under the regulations — (i) in a case where the offender is an individual, for a penalty not exceeding a fine of $5,000 or imprisonment for a term not exceeding 12 months or both for each offence; or (ii) in any other case, for a penalty not exceeding a fine of $10,000 for each offence; ( l ) regulate the participation of insurers in Supplement Schemes, including prescribing terms of supplementary disability insurance policies offered under any Supplement Scheme and where a CPF member or the CPF member’s dependant is insured under a Supplement Scheme — (i) the withdrawal of money from the CPF member’s medisave account for the payment of any premium payable by the member or the member’s dependant in respect of the Supplement Scheme; (ii) the refund or repayment of any premium paid by the member or the member’s dependant in respect of the Supplement Scheme, the circumstances under which any such refund or repayment will be made, and the determination of the manner in which any such refund or repayment will be made (including the person who will make any such determination); (iii) the payment of any rebate given in respect of the Supplement Scheme, the circumstances under which any such payment will be made, and the determination of the manner in which any such payment will be made (including the person who will make any such determination); and (iv) the requirement for such insurer to pay administrative fees to the Board for any material change or error in relation to any withdrawal, refund or payment by the Board arising from incorrect information provided by the insurer or from such other circumstances as may be prescribed; ( m ) make saving and transitional provisions for — (i) the former ElderShield Scheme; and (ii) an insurance scheme administered by an insurer approved by the Minister, in the case of the revocation of the regulations made under section 77(1)( k ) of the CPF Act applying to that insurance scheme, including for the payment of benefits, the recovery of premiums payable and the refund of payments made under the former ElderShield Scheme on or after 1 October 2020 or under the insurance scheme mentioned in sub‑paragraph (ii) on or after the revocation of those regulations, as the case may be; ( n ) make financial provisions in relation to the Fund, the CSHL Scheme and ESH Scheme, including the audit of the Fund and the CSHL Scheme and ESH Scheme and the submission of reports on the administration and enforcement of the Fund or the CSHL Scheme and ESH Scheme; and ( o ) prescribe anything that is required or permitted to be prescribed under this Act. (3) The regulations may make different provisions for different classes of persons. (4) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: clltca-2019
provision_ref: s65
chapter: PART 13 - FINAL PROVISION
section: 65
title: Saving and transitional provision
content:
65. For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. [68


document_id: clpa-1886
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “bankruptcy” includes liquidation by arrangement, and any other act or proceeding in law having under any law for the time being in force effects or results similar to those of bankruptcy; and “bankrupt” has a corresponding meaning; “building lease” is a lease for building purposes or purposes connected therewith; “building purposes” includes the erecting and the improving of, and the adding to and the repairing of buildings; “conveyance” includes assignment, appointment, lease, settlement and other assurance made by deed on a sale, mortgage, demise or settlement of any property, and on any other dealing with or for any property; and “convey” has a corresponding meaning; “court” means the General Division of the High Court; “fine” includes premium or foregift, and any payment, consideration or benefit in the nature of a fine, premium of foregift; “incumbrance” includes a mortgage in fee or for a less estate, and a trust for securing money, and a lien and a charge of a portion, annuity or other capital or annual sum; and “incumbrancer” has a corresponding meaning, and includes every person entitled to the benefit of an incumbrance, or to require payment or discharge thereof; “instrument” includes deed and will; “land” includes land freehold and leasehold, or of whatever tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, and also an undivided share in land; In relation to land; “income” includes rents and profits; and “possession” includes receipt of income; “lease” includes an agreement for a lease where the lessee has become entitled to have his lease granted; “mortgage” includes any charge on any property for securing money or money’s worth; “mortgage money” means money or money’s worth secured by a mortgage; “mortgagee” includes any person from time to time deriving title under the original mortgagee; “mortgagee in possession” is a mortgagee who in right of the mortgage has entered into and is in possession of the mortgaged property; “mortgagor” includes any person from time to time deriving title under the original mortgagor, or entitled to redeem a mortgage according to his estate, interest or right in the mortgaged property; “person” includes a corporation; “property” includes real and personal property and any estate in any property, real or personal, and any debt and any thing in action, and any other right or interest in the nature of property, whether in possession or not; “purchaser” includes a lessee or mortgagee and an intending purchaser, lessee or mortgagee or other person who for valuable consideration takes or deals for any property; and “purchase” has a corresponding meaning; but “sale” means only a sale properly so called; “rent” includes yearly or other rent, toll, duty, royalty or other reservation by the area, quantity, weight or otherwise; “securities” includes stocks, funds and shares; “under-lease” includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted; “under-lessee” includes any person deriving title under or from an under-lessee; “will” includes codicil; “writing” includes print; and words referring to any instrument, copy, extract, abstract or other document include any such instrument, copy, extract, abstract or other document being in writing or in print or partly in writing and partly in print. [40/2019]


document_id: clpa-1886
provision_ref: s3
chapter: PART 2 - SALES AND OTHER TRANSACTIONS
section: 3
title: Lessee or assign not to call for title to freehold
content:
3. —(1) Under a contract to grant or assign a term of years, whether derived or to be derived out of a freehold or leasehold estate, the intended lessee or assign shall not be entitled to call for the title to the freehold. Lessee or assign not to call for title to leasehold reversion (2) Under a contract to sell and assign a term of years derived out of a leasehold estate, the intended assign shall not have the right to call for the title to the leasehold reversion. Recitals, etc., in deeds, Acts, etc., 12 years old to be sufficient evidence (3) Recitals, statements and descriptions of facts, matters and parties contained in deeds, instruments, Acts or statutory declarations 12 years old at the date of the contract shall, unless and except so far as they are proved to be inaccurate, be taken to be sufficient evidence of the truth of those facts, matters and descriptions. Period of limitation for title to be deduced (4) A purchaser of land shall not be entitled to require a title to be deduced for a period of more than 15 years or for a period extending further back than a grant or lease by the Crown or the State, whichever period is the shorter. Limitation upon production of deeds, etc. Assumption as to recitals, etc. (5) A purchaser of any property shall not be entitled to require the production, or any abstract or copy, of any deed, will, or other document, dated or made before the time prescribed by law, or expressly stipulated, for commencement of the title, even though the same creates a power subsequently exercised by an instrument abstracted in the abstract furnished to the purchaser; nor shall he require any information, or make any requisition, objection or inquiry, with respect to any such deed, will or document, or the title prior to that time, notwithstanding that any such deed, will or other document, or that prior title, is recited, covenanted to be produced, or noticed; and he shall assume, unless the contrary appears, that the recitals contained in the abstracted instruments of any deed, will or other document, forming part of that prior title, are correct, and give all the material contents of the deed, will or other documents so recited, and that every document so recited was duly executed by all necessary parties and perfected, if and as required, by acknowledgment, enrolment or otherwise. Assumption as to land sold when held by lease; and upon production of receipt (6) Where land sold is held by lease (not including under-lease), the purchaser shall assume, unless the contrary appears, that the lease was duly granted; and, on production of the receipt for the last payment due for rent under the lease before the date of actual completion of the purchase, he shall assume, unless the contrary appears, that all the covenants and provisions of the lease have been duly performed and observed up to the date of the actual completion of the purchase. Assumption as to land sold when held by under-lease; and upon production of receipt (7) Where land sold is held by under-lease, the purchaser shall assume, unless the contrary appears, that the under-lease and every superior lease were duly granted; and, on production of the receipt for the last payment due for rent under the under‑lease before the date of actual completion of the purchase, he shall assume, unless the contrary appears, that all the covenants and provisions of the under-lease have been duly performed and observed up to the date of actual completion of the purchase, and further that all rent due under every superior lease, and all the covenants and provisions of every superior lease, have been paid and duly performed and observed up to that date. Expenses of production, journeys incidental thereto, and searches to be borne by purchaser requiring them (8) On a sale of any property, the expenses of the production and inspection of all records, proceedings of courts, deeds, wills, probates, letters of administration and other documents, not in the vendor’s possession, and the expenses of all journeys incidental to the production and inspection, and the expenses of searching for, procuring, making, verifying and producing all certificates, declarations, evidences and information not in the vendor’s possession, and all attested, stamped, office or other copies or abstracts of, or extracts from, any such documents as aforesaid, not in the vendor’s possession, if any such production, inspection, journey, search, procuring, making or verifying is required by a purchaser, either for verification of the abstract, or for any other purpose, shall be borne by the purchaser who requires them; and where the vendor retains possession of any document, the expenses of making any copy thereof, attested or unattested, which a purchaser requires to be delivered to him, shall be borne by that purchaser. Right to abstract on sale by lots (9) On a sale of any property in lots, a purchaser of 2 or more lots, held wholly or partly under the same title, shall not have a right to more than one abstract of the common title, except at his own expense. When inability to furnish with covenant to produce shall not be an objection (10) The inability of a vendor of any property to furnish the purchaser with a legal covenant to produce and furnish documents of title shall not be an objection to title in case the purchaser will, on the completion of the contract, have an equitable right to the production of those documents. Covenants for production to be at purchaser’s expense (11) Such covenants for production as the purchaser on any sale of property can and shall require shall be furnished at his expense, and the vendor shall bear the expense of perusal and execution on behalf of and by himself and on behalf of and by necessary parties other than the purchaser. Vendor’s right to retain documents (12) Where the vendor on any sale of property retains any part of an estate to which any documents of title relate, he shall be entitled to retain those documents. Implied stipulation as to fire insurance (13) On a sale of property a stipulation shall be implied that the purchaser shall be entitled to the benefit of any insurance against fire which may be then subsisting thereon in favour of the vendor. Application of section (14) This section shall apply only to titles and purchasers on sales properly so called, notwithstanding any interpretation in this Act. Ditto (15) This section shall apply only if and so far as a contrary intention is not expressed in the contract of sale, and shall have effect subject to the terms of the contract, and to the provisions therein contained. Where section not to bind purchaser to complete (16) Nothing in this section shall be construed as binding a purchaser to complete his purchase in any case where, on a contract made independently of this section, and containing stipulations similar to this section, or any of them, specific performance of the contract would not be enforced against him by the court.


document_id: clpa-1886
provision_ref: s4
chapter: PART 2 - SALES AND OTHER TRANSACTIONS
section: 4
title: Vendor or purchaser may obtain summary decision as to requisitions, etc.
content:
4. —(1) A vendor or purchaser of land, or their representatives respectively, may at any time or times, and from time to time, apply in a summary way to the court by originating application intituled in the matter of this Act, and in the matter of the contract of sale, in respect of any requisitions or objections, or any claim for compensation, or any other question arising out of or connected with the contract not being a question affecting the existence or validity of the contract. [42/2005] [Act 25 of 2021 wef 01/04/2022] (2) The court shall make such order upon the application as seems just, and shall order how and by whom all or any of the costs of and incident to the application shall be borne and paid.


document_id: clpa-1886
provision_ref: s5
chapter: PART 2 - SALES AND OTHER TRANSACTIONS
section: 5
title: Provision by court for incumbrance, and sale freed therefrom
content:
5. —(1) Where land subject to any incumbrance, whether immediately payable or not, is sold by the court, or out of court, the court may if it thinks fit, on the application of any party to the sale, direct or allow payment into court, in case of an annual sum charged on the land, or of a capital sum charged on a determinable interest in the land, of such amount as, when invested in securities of the Government, or of India, or of Pakistan, or of the United Kingdom, the court considers will be sufficient, by means of the dividends thereof, to keep down or otherwise provide for that charge, and in any other case of capital money charged on the land of the amount sufficient to meet the incumbrance and any interest due thereon. Payment to meet further costs, etc. (2) In either case there shall also be paid into court such additional amount as the court considers will be sufficient to meet the contingency of further costs, expenses and interest, and any other contingency, except depreciation of investments, not exceeding one‑tenth part of the original amount to be paid in, unless the court for special reason thinks fit to require a larger additional amount. Declaration of freedom from incumbrance (3) Thereupon, the court may, if it thinks fit, and either after or without any notice to the incumbrancer, as the court thinks fit, declare that land to be freed from the incumbrance, and make any order for conveyance, or vesting order, proper for giving effect to the sale, and give directions for the retention and investment of the money in court. Payment or transfer (4) After notice served on the persons interested in or entitled to the money or fund in court, the court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof. General words


document_id: clpa-1886
provision_ref: s6
chapter: PART 2 - SALES AND OTHER TRANSACTIONS
section: 6
title: General words in conveyances of land or buildings
content:
6. —(1) A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey with the land all buildings, erections, fixtures, hedges, ditches, fences, ways, waters, watercourses, easements, rights and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or at the time of conveyance demised, occupied or enjoyed with or reputed or known as part or parcel of or appurtenant to the land or any part thereof. (2) A conveyance of land having houses or other buildings thereon shall be deemed to include and shall by virtue of this Act operate to convey with the land, houses or other buildings, all outhouses, erections, fixtures, cellars, areas, courts, courtyards, cisterns, sewers, gutters, drains, ways, passages, lights, watercourses, easements, rights and advantages whatsoever, appertaining or reputed to appertain to the land, houses or other buildings conveyed, or any of them, or any part thereof, or at the time of conveyance demised, occupied or enjoyed with, or reputed or known as part or parcel of or appurtenant to, the land, houses or other buildings conveyed, or any of them, or any part thereof. (3) This section shall apply only if and as far as a contrary intention is not expressed in the conveyance, and shall have effect subject to the terms of the conveyance and to the provisions therein contained. (4) This section shall not be construed as giving to any person a better title to any property, right or thing in this section mentioned than the title which the conveyance gives to him to the land expressed to be conveyed, or as conveying to him any property, right or thing in this section mentioned, further or otherwise than as the same could have been conveyed to him by the conveying parties. (5) This section shall apply only to conveyances made after 1 August 1886. Covenants for title


document_id: clpa-1886
provision_ref: s7
chapter: PART 2 - SALES AND OTHER TRANSACTIONS
section: 7
title: Covenant for title to be implied
content:
7. —(1) In a conveyance there shall, in the several cases in this section mentioned, be deemed to be included, and there shall in those several cases, by virtue of this Act, be implied, a covenant to the effect in this section stated, by the person or each person who conveys, as far as regards the subject matter or share of subject matter expressed to be conveyed by him, with the person, if one, to whom the conveyance is made, or with the persons jointly, if more than one, to whom the conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the conveyance is made as tenants in common — On conveyance for value. Right to convey. Quiet enjoyment. Freedom from incumbrance. Further assurance ( a ) in a conveyance for valuable consideration, other than a mortgage, the following covenant by every person who conveys and is not expressed to convey in a fiduciary capacity: that, notwithstanding anything by the person who so conveys, or anyone through whom he derives title, otherwise than by purchase for value, made, done, executed or omitted, or knowingly suffered, the person who so conveys, has, with the concurrence of every other person (if any) conveying by his direction, full power to convey the subject matter expressed to be conveyed, subject as, if so expressed, and in the manner in which, it is expressed to be conveyed, and that, notwithstanding anything as aforesaid, that subject matter shall remain to and be quietly entered upon, received and held, occupied, enjoyed and taken, by the person to whom the conveyance is expressed to be made, and any person deriving title under him, and the benefit thereof shall be received and taken accordingly, without any lawful interruption or disturbance by the person who so conveys or any person conveying by his direction, or rightfully claiming or to claim by, through, under or in trust for the person who so conveys, or any person conveying by his direction, or by, through or under anyone not being a person claiming in respect of an estate or interest subject to which the conveyance is expressly made, through whom the person who so conveys derives title, otherwise than by purchase for value; and that, freed and discharged from, or otherwise by the person who so conveys sufficiently indemnified against, all such estates, incumbrances, claims and demands other than those subject to which the conveyance is expressly made, as either before or after the date of the conveyance have been or shall be made, occasioned or suffered by that person or by any person conveying by his direction, or by any person rightfully claiming by, through, under or in trust for the person who so conveys, or by, through or under any person conveying by his direction, or by, through or under anyone through whom the person who so conveys derives title, otherwise than by purchase for value; and further, that the person who so conveys, and any person conveying by his direction, and every other person having or rightfully claiming any estate or interest in the subject matter of conveyance, other than an estate or interest subject to which the conveyance is expressly made, by, through, under or in trust for the person who so conveys, or by, through or under any person conveying by his direction, or by, through or under anyone through whom the person who so conveys derives title, otherwise than by purchase for value, will, from time to time and at all times after the date of the conveyance, on the request and at the cost of any person to whom the conveyance is expressed to be made, or of any person deriving title under him, execute and do all such lawful assurances and things for further or more perfectly assuring the subject matter of the conveyance to the person to whom the conveyance is made, and to those deriving title under him, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by him or them or any of them shall be reasonably required: (in which covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage); On conveyance of leasehold for value. Validity of lease ( b ) in a conveyance of leasehold property for valuable consideration, other than a mortgage, the following further covenant by every person who conveys and is not expressed to convey in a fiduciary capacity: that, notwithstanding anything by the person who so conveys, or anyone through whom he derives title otherwise than by purchase for value, made, done, executed or omitted, or knowingly suffered, the lease or grant creating the term or estate for which the land is conveyed is, at the time of conveyance, a good, valid and effectual lease or grant of the property conveyed, and is in full force, unforfeited, unsurrendered and in no way has become void or voidable, and that, notwithstanding anything as aforesaid, all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, have been paid, observed and performed up to the time of conveyance: (in which covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage); On mortgages. Right to convey. Freedom from incumbrance. Further assurance ( c ) in a conveyance by way of mortgage, the following covenant by every person who conveys and is not expressed to convey in a fiduciary capacity: that the person who so conveys, has with the concurrence of every other person (if any) conveying by his direction, full power to convey the subject matter expressed to be conveyed by him, subject as, if so expressed, and in the manner in which it is expressed to be conveyed; and also that, if default is made in payment of the money intended to be secured by the conveyance, or any interest thereon, or any part of that money or interest, contrary to any provision in the conveyance, it shall be lawful for the person to whom the conveyance is expressed to be made, and the persons deriving title under him, to enter into and upon, or receive and thenceforth quietly hold, occupy and enjoy or take and have, the subject matter expressed to be conveyed, or any part thereof, without any lawful interruption or disturbance by the person who so conveys, or any person conveying by his direction, or any person not being a person claiming in respect of an estate or interest subject to which the conveyance is expressly made; and that, freed and discharged from, or otherwise by the person who so conveys sufficiently indemnified against, all estates, incumbrances, claims and demands whatsoever, other than those subject to which the conveyance is expressly made; and further, that the person who so conveys and every person conveying by his direction, and every person deriving title under any of them, and every other person having or rightfully claiming any estate or interest in the subject matter of conveyance, or any part thereof, other than an estate or interest subject whereto the conveyance is expressly made, will, from time to time and at all times, on the request of any person to whom the conveyance is expressed to be made, or of any person deriving title under him, but, as long as any right of redemption exists under the conveyance, at the cost of the person so conveying, or of those deriving title under him, and afterwards at the cost of the person making the request, execute and do all such lawful assurances and things for further or more perfectly assuring the subject matter of conveyance and every part thereof to the person to whom the conveyance is made, and to those deriving title under him, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by him or them or any of them shall be reasonably required; On mortgages of leaseholds. Validity of lease. Payment of rent and performance of covenants ( d ) in a conveyance by way of mortgage of leasehold property, the following further covenant by a person who conveys and is not expressed to convey in a fiduciary capacity: that the lease or grant creating the term or estate for which the land is held is, at the time of conveyance, a good, valid and effectual lease or grant of the land conveyed and is in full force, unforfeited and unsurrendered and in no way has become void or voidable, and that all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, have been paid, observed and performed up to the time of conveyance; and also that the person so conveying, or the persons deriving title under him, will at all times, as long as any money remains on the security of the conveyance, pay, observe and perform, or cause to be paid, observed and performed all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, and will keep the person to whom the conveyance is made, and those deriving title under him, indemnified against all actions, proceedings, costs, charges, damages, claims and demands (if any) to be incurred or sustained by him or them by reason of the non-payment of the rent or the non-observance or non-performance of those covenants, conditions, agreements, or any of them; On a settlement. For further assurance limited ( e ) in a conveyance by way of settlement, the following covenant by a person who conveys and is not expressed to convey in a fiduciary capacity: that the person so conveying, and every person deriving title under him by deed or act or operation of law in his lifetime subsequent to that conveyance, or by testamentary disposition or devolution in law, on his death, will, from time to time and at all times, after the date of that conveyance, at the request and cost of any person deriving title thereunder, execute and do all such lawful assurances and things for further or more perfectly assuring the subject matter of the conveyance to the persons to whom the conveyance is made and those deriving title under them, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by them or any of them shall be reasonably required; Conveyance by trustee. Against incumbrances ( f ) in any conveyance, the following covenant by every person who conveys and is expressed to convey in a fiduciary capacity, which covenant shall be deemed to extend to every such person’s own acts only: that the person so conveying has not executed or done, or knowingly suffered, or been party or privy to, any deed or thing, whereby or by means whereof the subject matter of the conveyance, or any part thereof, is or may be impeached, charged, affected, or incumbered in title, estate or otherwise, or whereby or by means whereof the person who so conveys is in anywise hindered from conveying the subject matter of the conveyance, or any part thereof, in the manner in which it is expressed to be conveyed. (2) Where in a conveyance it is expressed that by direction of one person another person conveys, then, within this section, the person giving the direction shall be deemed to convey the subject matter so conveyed by his direction; and a covenant on his part shall be implied accordingly. (3) The benefit of a covenant implied as aforesaid shall be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by every person in whom that estate or interest is, for the whole or any part thereof, from time to time vested. (4) A covenant implied as aforesaid may be varied or extended by deed, and, as so varied or extended, shall, as far as may be, operate 


document_id: clpa-1886
provision_ref: s8
chapter: PART 2 - SALES AND OTHER TRANSACTIONS
section: 8
title: Right of purchaser as to execution
content:
8. —(1) On a sale, the purchaser shall be entitled either to require that the conveyance to him be executed in his own presence, or in that of his solicitor, or to have at his own cost the execution of the conveyance attested by some person appointed by him. (2) On a sale under a contract providing for the execution of the conveyance by an attorney under a power of attorney, the purchaser shall be entitled to require the power of attorney to be deposited by and at the expense of the vendor in the manner provided by section 48. (3) On the execution of a reconveyance or transfer or discharge of a mortgage by an attorney under a power of attorney, the mortgagor shall also be entitled to require the power of attorney to be deposited by and at the expense of the mortgagor in the manner provided by section 48.


document_id: clpa-1886
provision_ref: s9
chapter: PART 2 - SALES AND OTHER TRANSACTIONS
section: 9
title: Effect of acknowledgment of right to production
content:
9. —(1) Where a person retains possession of documents, and gives to another person an acknowledgment in writing of the right of that other person to production of those documents, and to delivery of copies thereof (referred to in this section as an acknowledgment), that acknowledgment shall have effect as in this section provided. What documents to be bound by acknowledgment, and for what period (2) An acknowledgment shall bind the documents to which it relates in the possession or under the control of the person who retains them, and in the possession or under the control of every other person having possession or control thereof from time to time, but shall bind each individual possessor or person as long only as he has possession or control thereof; and every person so having possession or control from time to time shall be bound specifically to perform the obligations imposed under this section by an acknowledgment, unless prevented from so doing by fire or other inevitable accident. Performance of obligations (3) The obligations imposed under this section by an acknowledgment are to be performed from time to time at the request in writing of the person to whom an acknowledgment is given, or of any person, not being a lessee at a rent, having or claiming any estate, interest or right through or under that person, or otherwise becoming through or under that person interested in or affected by the terms of any document to which the acknowledgment relates. Obligations imposed (4) The obligations imposed under this section by an acknowledgment are — ( a ) an obligation to produce the documents or any of them at all reasonable times for the purpose of inspection, and of comparison with abstracts or copies thereof, by the person entitled to request production or by anyone by him authorised in writing; ( b ) an obligation to produce the documents or any of them at any trial, hearing or examination in any court, or in the execution of any commission, or elsewhere in Singapore, on any occasion on which production may properly be required, for proving or supporting the title or claim of the person entitled to request production, or for any other purpose relative to that title or claim; and ( c ) an obligation to deliver to the person entitled to request them true copies or extracts, attested or unattested, of or from the documents or any of them. Costs of specific performance (5) All costs and expenses of or incidental to the specific performance of any obligation imposed under this section by an acknowledgment shall be paid by the person requesting performance. No right to damages for loss, etc. (6) An acknowledgment shall not confer any right to damages for loss or destruction of, or injury to, the documents to which it relates, from whatever cause arising. Application to court and order thereon (7) Any person claiming to be entitled to the benefit of an acknowledgment may apply to the court for an order directing the production of the documents to which it relates, or any of them, or the delivery of copies of or extracts from those documents or any of them to him, or some other person on his behalf; and the court may, if it thinks fit, order production, or production and delivery, accordingly, and may give directions respecting the time, place, terms and mode of production or delivery, and may make such order as it thinks fit respecting the costs of the application, or any other matter connected with the application. Effect of acknowledgment (8) An acknowledgment shall by virtue of this Act satisfy any liability to give a covenant for production and delivery of copies of or extracts from documents. Obligations imposed by undertaking for safe custody (9) Where a person retains possession of documents and gives to another person an undertaking in writing for safe custody thereof, that undertaking shall impose on the person giving it, and on every person having possession or control of the documents from time to time, but on each individual possessor or person as long only as he has possession or control thereof, an obligation to keep the documents safe, whole, uncancelled and undefaced, unless prevented from doing so by fire or other inevitable accident. Application to court to assess damages; inquiry and order thereon (10) Any person claiming to be entitled to the benefit of such an undertaking may apply to the court to assess damages for any loss, destruction of, or injury to the documents or any of them, and the court may, if it thinks fit, direct an inquiry respecting the amount of damages, and order payment thereof by the person liable, and may make such order as it thinks fit respecting the costs of the application, or any other matter connected with the application. Effect of acknowledgment (11) An undertaking for safe custody of documents shall by virtue of this Act satisfy any liability to give a covenant for safe custody of documents. Rights conferred by acknowledgment or undertaking to be in addition to other rights relative thereto (12) The rights conferred by an acknowledgment or undertaking under this section shall be in addition to all such other rights relative to the production, or inspection, or the obtaining of copies of documents as are not, by virtue of this Act, satisfied by the giving of the acknowledgment or undertaking, and shall have effect subject to the terms of the acknowledgment or undertaking, and to any provisions therein contained. Application of section (13) This section shall apply only if and as far as a contrary intention is not expressed in the acknowledgment or undertaking. (14) This section shall apply only to an acknowledgment or undertaking given or a liability respecting documents incurred after 1 July 1903.


document_id: clpa-1886
provision_ref: s10
chapter: PART 3 - LEASES
section: 10
title: Rent and benefit of lessee’s covenants to run with reversion
content:
10. —(1) Rent reserved by a lease, and the benefit of every covenant or provision therein contained, having reference to the subject matter thereof, and on the lessee’s part to be observed or performed, and every condition of re-entry and other condition therein contained, shall be annexed and incident to and shall go with the reversionary estate in the land, or any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and shall be capable of being recovered, received, enforced and taken advantage of by the person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased. (2) This section shall apply only to leases made on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s11
chapter: PART 3 - LEASES
section: 11
title: Obligation of lessor’s covenants to run with reversion
content:
11. —(1) The obligation of a covenant entered into by a lessor with reference to the subject matter of a lease shall, if and so far as the lessor has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by conveyance, devolution in law, or otherwise; and, if and so far as the lessor has power to bind the person from time to time entitled to that reversionary estate, that obligation may be taken advantage of and enforced against any person so entitled. (2) This section shall apply only to leases made on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s12
chapter: PART 3 - LEASES
section: 12
title: Apportionment of conditions on severance, etc.
content:
12. —(1) Notwithstanding the severance by conveyance, surrender or otherwise of the reversionary estate in any land comprised in a lease, and notwithstanding the avoidance or cesser in any other manner of the term granted by a lease as to part only of the land comprised therein, every condition or right of re-entry, and every other condition contained in the lease, shall be apportioned, and shall remain annexed to the several parts of the reversionary estate as severed, as shall be in force with respect to the term whereon each severed part is reversionary, or the term in any land which has not been surrendered, or as to which the term has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone been originally comprised in the lease. (2) This section shall apply to leases made before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s13
chapter: PART 3 - LEASES
section: 13
title: On subdemise, title to leasehold reversion not to be required
content:
13. —(1) On a contract to grant a lease for a term of years to be derived out of a leasehold interest, with a leasehold reversion, the intended lessee shall not have the right to call for the title to that reversion. (2) This section shall apply only if and as far as a contrary intention is not expressed in the contract, and shall have effect subject to the terms of the contract and to the provisions therein contained.


document_id: clpa-1886
provision_ref: s14
chapter: PART 3 - LEASES
section: 14
title: Contract for lease not to form part of title to lease
content:
14. —(1) Where a lease is made under a power contained in a settlement, will, Act or other instrument, any preliminary contract for or relating to the lease shall not, for the purpose of the deduction of title to an intended assign, form part of the title or evidence of the title to the lease. (2) This section shall apply to leases made before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s15
chapter: PART 3 - LEASES
section: 15
title: Restriction on effect of licence
content:
15. —(1) Where a licence to do any act which without such a licence would create a forfeiture or give a right to re-enter under a condition or power reserved in any lease is at any time on or after 1 August 1886 given to any lessee or his assigns, every such licence shall, unless otherwise expressed, extend only to the permission actually given or to any specific breach of any proviso or covenant made or to be made or to the actual assignment, under-lease, or other matter thereby specifically authorised to be done, but not so as to prevent any proceeding for any subsequent breach unless otherwise specified in the licence. (2) All rights under covenants and powers of forfeiture and re-entry in the lease contained shall remain in full force, and shall be available as against any subsequent breach of covenant or condition, assignment, under-lease or other matter not specifically authorised or waived by the licence, in the same manner as if no such licence had been given. (3) The condition or right of re-entry shall be and remain in all respects as if such licence had not been given, except in respect of the particular matter authorised to be done.


document_id: clpa-1886
provision_ref: s16
chapter: PART 3 - LEASES
section: 16
title: Restricted operation of partial licence
content:
16. —(1) Where in a lease there is a power or condition of re-entry on assigning or under‑letting or doing any other specified act without licence, and a licence at any time on or after 1 August 1886 is given to one of several lessees or co‑owners to assign or under‑let his share or interest or to do any other act prohibited to be done without licence, or is given to any lessee or owner or any one of several lessees or owners to assign or under‑let part only of the property or to do any other such act as aforesaid in respect of part only of the property, the licence shall not operate to destroy or extinguish the right of re‑entry in case of any breach of the covenant or condition by the co‑lessee or co‑lessees or owner or owners of the other shares or interests in the property, or by the lessee or owner of the rest of the property, as the case may be, over or in respect of those shares or interests or remaining property, but the right of re‑entry shall remain in full force over or in respect of the shares or interests or property not the subject of the licence. (2) This section shall apply to leases made before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s17
chapter: PART 3 - LEASES
section: 17
title: No fine to be exacted for licence to assign
content:
17. —(1) In all leases containing a covenant, condition or agreement against assigning, under-letting or parting with the possession, or disposing of the property leased without licence or consent, that covenant, condition or agreement shall, unless the lease contains an expressed provision to the contrary, be deemed to be subject to a proviso to the effect that no fine or sum of money in the nature of a fine shall be payable for or in respect of the licence or consent; but that proviso shall not preclude the right to require the payment of a reasonable sum in respect of any legal or other expense incurred in relation to the licence or consent. (2) This section shall apply to leases made before, on or after 1 August 1886. Forfeiture


document_id: clpa-1886
provision_ref: s18
chapter: PART 3 - LEASES
section: 18
title: Restrictions on and relief against forfeiture of leases
content:
18. —(1) A right of re-entry or forfeiture under any provision or stipulation in a lease, for a breach of any covenant or condition in a lease, shall not be enforceable, by action or otherwise, unless the lessor serves on the lessee a notice specifying the particular breach complained of and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and, in any case, requiring the lessee to make compensation in money for the breach, and the lessee fails, within a reasonable time thereafter, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money, to the satisfaction of the lessor, for the breach. Application for relief (2) Where a lessor is proceeding, by action or otherwise to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor’s action (if any) or in any action brought by himself, apply to the court for relief. Order thereon (3) The court may grant or refuse relief as the court, having regard to the proceedings and conduct of the parties under subsections (1) and (2) and to all the other circumstances, thinks fit. Upon terms (4) In case of relief the court may grant it on such terms (if any) as to costs, expenses, damages, compensation, penalty or otherwise, including the granting of an injunction to restrain any like breach in the future, as the court, in the circumstances of each case, thinks fit. Costs incurred in employment of solicitor, etc. (5) A lessor shall be entitled to recover as a debt due to him from the lessee, and in addition to damages (if any) all reasonable costs and expenses properly incurred by the lessor in the employment of a solicitor and surveyor or valuer or otherwise in reference to any breach giving rise to a right of re-entry or forfeiture, which at the request of the lessee is waived by the lessor by writing under his hand, or from which the lessee is relieved under the provisions of this Act. Power of court to protect under-lessees on forfeiture of superior leases (6) Where a lessor is proceeding by action or otherwise to enforce a right of re-entry or forfeiture under any covenant, proviso or stipulation in a lease, the court may, on application by any person claiming as under-lessee any estate or interest in the property comprised in the lease, or any part thereof, either in the lessor’s action (if any) or in any action brought by the person for that purpose, make an order vesting for the whole term of the lease or any lesser term the property comprised in the lease, or any part thereof, in any person entitled as under-lessee to any estate or interest in the property, upon such conditions as to execution of any deed or other document, payment of rent, costs, expenses, damages, compensation, giving security or otherwise as the court, in the circumstances of each case, thinks fit; but in no case shall any such under-lessee be entitled to require a lease to be granted to him for any longer term than he had under his original sub-lease. Interpretation of this section (7) For the purposes of this section — ( a ) a lease includes an original or derivative under-lease; ( b ) a lessee includes an original or derivative under-lessee, and the heirs, executors, administrators and assigns of a lessee; ( c ) a lessor includes an original or derivative under-lessor, and the heirs, executors, administrators and assigns of a lessor; and ( d ) a lease limited to continue as long only as the lessee abstains from committing a breach of covenant shall be and take effect as a lease to continue for any longer term for which it could subsist, but determinable by a proviso for re-entry on such a breach. Application of this section (8) This section shall not extend to a covenant or condition against the assigning, under-letting, parting with the possession or disposing of the land leased; or to a condition for forfeiture on the bankruptcy of the lessee, or on the taking in execution of the lessee’s interest. (9) This section shall not affect the law relating to re-entry or forfeiture or relief in case of non-payment of rent. (10) This section shall apply to leases made before, on or after 1 August 1886, and shall have effect notwithstanding any stipulation to the contrary.


document_id: clpa-1886
provision_ref: s18A
chapter: PART 3 - LEASES
section: 18A
title: Relief against forfeiture by action for non-payment of rent
content:
18A. —(1) This section has effect where a lessor is proceeding by action to enforce against a lessee a right of re-entry or forfeiture in respect of any immovable property for non-payment of rent. (2) If, within the time prescribed by rules of court for acknowledging service of the writ by which the action was commenced, the lessee pays into court all the rent in arrear and the costs of the action, the action shall cease, and the lessee shall hold the land according to the lease without any new lease. (3) If — ( a ) the action does not cease under subsection (2); and ( b ) the court at the trial is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture, the court shall order possession of the land to be given to the lessor at the expiration of such period, but not being less than 4 weeks from the date of the order, as the court thinks fit, unless within that period the lessee pays into court all the rent in arrear and such sum as the court shall direct on account of the costs of the action. (4) The court may extend the period specified under subsection (3) at any time before possession of the land is recovered in pursuance of the order under that subsection. (5) Subject to subsection (6), if — ( a ) within the period specified in the order; or ( b ) within that period as extended under subsection (4), the lessee pays into court — ( c ) all the rent in arrear; and ( d ) the sum directed to be paid on account of the costs of the action, he shall hold the land according to the lease without any new lease. (6) Subsection (2) shall not apply where the lessor is proceeding in the same action to enforce a right of re-entry or forfeiture on any other ground as well as for non-payment of rent, or to enforce any other claim as well as the right of re-entry or forfeiture and the claim for arrears of rent. (7) If the lessee does not — ( a ) within the period specified in the order; or ( b ) within that period as extended under subsection (4), pay into court — ( c ) all the rent in arrear; and ( d ) the sum directed to be paid on account of the costs of the action, the order may be enforced and so long as the order remains unreversed the lessee shall be barred from all relief. (8) The extension under subsection (4) of a period fixed by the court shall not be treated as relief from which the lessee is barred by subsection (7) if he fails to pay into court all the rent in arrear and the sum directed to be paid on account of the costs of the action within that period. (9) Where the court extends a period under subsection (4) at a time when — ( a ) that period has expired; and ( b ) an enforcement order for possession of property in respect of the property has been issued, the court shall suspend the enforcement order for the extended period, and if, before the expiration of the extended period, the lessee pays into court all the rent in arrear and the sum directed to be paid on account of the costs of the action, the court shall cancel the enforcement order. [Act 25 of 2021 wef 01/04/2022] (10) Nothing in this section shall be taken to affect — ( a ) the power of the court to enter final judgment in a case where the defendant fails to give notice of intention to defend; or ( b ) the power of the court to make any order which it would otherwise have power to make as respects a right of re-entry or forfeiture on any ground other than non-payment of rent.


document_id: clpa-1886
provision_ref: s19
chapter: PART 4 - MORTGAGES
section: 19
title: Obligation of mortgagee to transfer instead of reconveying
content:
19. —(1) Where a mortgagor is entitled to redeem, he shall have power to require the mortgagee, instead of reconveying, and on the terms on which he would be bound to reconvey, to assign the mortgage debt and convey the mortgaged property to any third person as the mortgagor directs, and the mortgagee shall assign and convey accordingly. (2) The power given by this section to a mortgagor shall belong to and be capable of being enforced by each incumbrancer or by the mortgagor notwithstanding any intermediate incumbrance, but a requisition of an incumbrancer shall prevail over a requisition of a mortgagor, and as between incumbrancers a requisition of a prior incumbrancer shall prevail over a requisition of a subsequent incumbrancer. (3) This section shall not apply in the case of a mortgagee being or having been in possession. (4) This section shall apply to mortgages made before, on or after 1 August 1886, and shall have effect notwithstanding any stipulation to the contrary.


document_id: clpa-1886
provision_ref: s20
chapter: PART 4 - MORTGAGES
section: 20
title: Power for mortgagor to inspect title deeds
content:
20. —(1) A mortgagor, so long as his right to redeem subsists, may from time to time, at reasonable times, on his own request, and at his own cost, and on payment of the mortgagee’s cost and expenses in this behalf, inspect and make copies of or extracts from the documents of title relating to the mortgaged property in the custody or power of the mortgagee, including the mortgage deed. (2) This section shall apply only to mortgages made on or after 1 August 1886, and shall have effect notwithstanding any stipulation to the contrary.


document_id: clpa-1886
provision_ref: s21
chapter: PART 4 - MORTGAGES
section: 21
title: Restriction on consolidation of mortgages
content:
21. —(1) A mortgagor seeking to redeem any one mortgage may do so without paying any money due under any separate mortgage made by him, or by any person through whom he claims, on property other than that comprised in the mortgage which he seeks to redeem. (2) This section shall apply only if and so far as a contrary intention is not expressed in the mortgage deeds or one of them.


document_id: clpa-1886
provision_ref: s22
chapter: PART 4 - MORTGAGES
section: 22
title: Mortgagee entitled to 3 months’ notice of payment
content:
22. —(1) Where the mortgage money is not paid on the stated day, the mortgagee shall be entitled, in the absence of any stipulation to the contrary in the mortgage deed, to 3 months’ notice in writing previous to payment or to 3 months’ interest in lieu of that notice. (2) This section shall apply to mortgages made before, on or after 1 August 1886. Leases


document_id: clpa-1886
provision_ref: s23
chapter: PART 4 - MORTGAGES
section: 23
title: Leasing powers of mortgagor and of mortgagee in possession
content:
23. —(1) A mortgagor of land while in possession, as against every incumbrancer, may make from time to time an agricultural or occupation lease of the mortgaged land or any part thereof for any term not exceeding 3 years. (2) A mortgagee of land while in possession, as against all subsequent incumbrancers (if any) and as against the mortgagor, may make from time to time — ( a ) an agricultural or occupation lease for any term not exceeding 21 years; ( b ) a building lease for any term not exceeding 99 years. (3) Every person making a lease under this section may execute and do all assurances and things necessary or proper in that behalf. (4) Every such lease shall be made to take effect in possession not later than 12 months after its date. (5) Every such lease shall reserve the best rent that can reasonably be obtained, regard being had to the circumstances of the case, but without any fine being taken. (6) Every such lease shall contain a covenant by the lessee for payment of the rent, and a condition of re-entry on the rent not being paid within a time therein specified, not exceeding 30 days. (7) A counterpart of every such lease shall be executed by the lessee and delivered to the lessor, of which execution and delivery the execution of the lease by the lessor shall, in favour of the lessee and all persons deriving title under him, be sufficient evidence. (8) Every such building lease shall be made in consideration of the lessee, or some person by whose direction the lease is granted, agreeing to erect within not more than 5 years from the date of the lease, buildings, new or additional, or having improved or repaired buildings, or agreeing to improve or repair buildings within that time, or having executed, or agreeing to execute, within that time, on the land leased, an improvement for or in connection with building purposes. (9) In any such building lease a peppercorn rent, or a nominal or other rent less than the rent ultimately payable, may be made payable for the first 5 years, or any less part of the term. (10) A contract to make or accept a lease under this section may be enforced by or against every person on whom the lease, if granted, would be binding. (11) This section shall apply only if and as far as a contrary intention is not expressed by the mortgagor and mortgagee in the mortgage deed, or otherwise in writing, and shall have effect subject to the terms of the mortgage deed or of any such writing and to the provisions therein contained. (12) Nothing in this Act shall prevent the mortgage deed from reserving to or conferring on the mortgagee any further or other powers of leasing or having reference to leasing, and any further or other powers so reserved shall be exercisable, as far as may be, as if they were conferred by this Act, and with all the like incidents, effects and consequences, unless a contrary intention is expressed in the mortgage deed. (13) Nothing in this Act shall be construed to enable a mortgagee to make a lease for any longer term or on any other conditions than such as could have been granted or imposed by the mortgagor, with the concurrence of all the incumbrancers, if this Act had not been passed. (14) This section shall apply only in the case of a mortgage made on or after 1 August 1886; but the provisions thereof, or any of them, may, by agreement in writing made on or after that date between the mortgagor and mortgagee, be applied to a mortgage made before that date, so nevertheless, that any such agreement shall not prejudicially affect any right or interest of any mortgagee not joining in or adopting the agreement. (15) The provisions of this section referring to a lease shall be construed to extend and apply, as far as circumstances admit, to any letting, and to any agreement, whether in writing or not, for leasing or letting. Sale, insurance, receiver


document_id: clpa-1886
provision_ref: s24
chapter: PART 4 - MORTGAGES
section: 24
title: Power incident to estate or interest of mortgagee
content:
24. —(1) A mortgagee, where the mortgage is made by deed, shall have the following powers, to the like extent as if they had been in terms conferred by the mortgage deed, but not further: ( a ) a power, when the mortgage money has become due, to sell, or to concur with any other person in selling, the mortgaged property, or any part thereof, either subject to prior charges, or not, and either together or in lots, by public auction or by private contract, subject to such conditions respecting title, or evidence of title, or other matter, as the mortgagee thinks fit, with power to vary any contract for sale, and to buy in at an auction, or to rescind any contract for sale, and to resell, without being answerable for any loss occasioned thereby; ( b ) a power, at any time after the date of the mortgage deed, to insure and keep insured against loss or damage by fire any building, or any effects or property of an insurable nature, whether affixed to the freehold or not, being or forming part of the mortgaged property, and the premiums paid for any such insurance shall be a charge on the mortgaged property, in addition to the mortgage money, and with the same priority, and with interest at the same rate, as the mortgage money; and ( c ) a power, when the mortgage money has become due, to appoint a receiver of the income of the mortgaged property, or of any part thereof. (2) The provisions of this Act relating to the foregoing powers, comprised either in this section, or in any subsequent section regulating the exercise of these powers, may be varied or extended by the mortgage deed, and, as so varied or extended, shall, as far as may be, operate in the like manner and with all the like incidents, effects and consequences, as if such variations or extensions were contained in this Act. (3) This section shall apply only if and as far as a contrary intention is not expressed in the mortgage deed, and shall have effect subject to the terms of the mortgage deed and to the provisions therein contained. (4) This section shall apply only where the mortgage deed is executed on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s25
chapter: PART 4 - MORTGAGES
section: 25
title: Regulation of exercise of power of sale
content:
25. A mortgagee shall not exercise the power of sale conferred by this Act unless — ( a ) notice requiring payment of the mortgage money has been served on the mortgagor or one of several mortgagors, and default has been made in payment of the mortgage money or part thereof for 3 months after the service; ( b ) some interest under the mortgage is in arrears and unpaid for one month after becoming due; or ( c ) there has been a breach of some provision contained in the mortgage deed or in this Act, and on the part of the mortgagor, or of some person concurring in making the mortgage, to be observed or performed, other than and besides a covenant for payment of the mortgage money or interest thereon.


document_id: clpa-1886
provision_ref: s26
chapter: PART 4 - MORTGAGES
section: 26
title: Conveyance receipt, etc., on sale
content:
26. —(1) A mortgagee exercising the power of sale conferred by this Act may by deed convey the property sold, for such estate and interest therein as is the subject of the mortgage, freed from all estates, interests and rights to which the mortgage has priority, but subject to all estates, interests and rights which have priority to the mortgage. (2) Where a conveyance is made in professed exercise of the power of sale conferred by this Act, the title of the purchaser shall not be impeachable on the ground that no case had arisen to authorise the sale, or that due notice was not given, or that the power was otherwise improperly or irregularly exercised; but any person damnified by an unauthorised or improper or irregular exercise of the power shall have his remedy in damages against the person exercising the power. (3) The money which is received by the mortgagee, arising from the sale, after discharge of prior incumbrances to which the sale is not made subject (if any) or after payment into court under this Act of a sum to meet any prior incumbrances, shall be held by him in trust to be applied by him, first, in payment of all costs, charges and expenses, properly incurred by him as incident to the sale or any attempted sale, or otherwise; and secondly, in discharge of the mortgage money, interest and costs, and other money (if any) due under the mortgage; and the residue of the money so received shall be paid to the person entitled to the mortgaged property, or authorised to give receipts for the proceeds of the sale thereof. (4) The power of sale conferred by this Act may be exercised by any person for the time being entitled to receive and give a discharge for the mortgage money. (5) The power of sale conferred by this Act shall not affect the right of foreclosure. (6) The mortgagee, his executors, administrators or assigns shall not be answerable for any involuntary loss happening in or about the exercise or execution of the power of sale conferred by this Act or of any trust connected therewith. (7) At any time after the power of sale conferred by this Act has become exercisable, the person entitled to exercise it may demand and recover from any person, other than a person having in the mortgaged property an estate, interest or right in priority to the mortgage, all the deeds and documents relating to the property, or to the title thereto, which a purchaser under the power of sale would be entitled to demand and recover from him.


document_id: clpa-1886
provision_ref: s27
chapter: PART 4 - MORTGAGES
section: 27
title: Mortgagee’s receipts, discharges, etc.
content:
27. —(1) The receipt in writing of a mortgagee shall be a sufficient discharge for any money arising under the power of sale conferred by this Act, or for any money or securities comprised in his mortgage, or arising thereunder. (2) A person paying or transferring the same to the mortgagee shall not be concerned to inquire whether any money remains due under the mortgage. (3) Money received by a mortgagee under his mortgage or from the proceeds of securities comprised in his mortgage, shall be applied in like manner as in this Act directed respecting money received by him arising from a sale under the power of sale conferred by this Act; but with this variation, that the costs, charges and expenses payable shall include the costs, charges and expenses properly incurred of recovering and receiving the money or securities, and of conversion of securities into money, instead of those incident to sale.


document_id: clpa-1886
provision_ref: s28
chapter: PART 4 - MORTGAGES
section: 28
title: Amount and application of insurance money
content:
28. —(1) The amount of an insurance effected by a mortgagee against loss or damage by fire under the power in that behalf conferred by this Act shall not exceed the amount specified for that purpose in the mortgage deed, or, if no such amount is therein specified, then shall not exceed two-third parts of the amount that would be required, in case of total destruction, to restore the property insured. (2) An insurance shall not, under the power conferred by this Act, be effected by a mortgagee in any of the following cases: ( a ) where there is a declaration in the mortgage deed that no insurance is required; ( b ) where an insurance is kept up by or on behalf of the mortgagor in accordance with the mortgage deed; ( c ) where the mortgage deed contains no stipulation respecting insurance, and an insurance is kept up by or on behalf of the mortgagor, with the knowledge of the mortgagee, to the amount in which the mortgagee is by this Act authorised to insure. (3) All money received on an insurance effected under the mortgage deed or under this Act shall, if the mortgagee so requires, be applied by the mortgagor in making good the loss or damage in respect of which the money is received. (4) Without prejudice to any obligation to the contrary imposed by law, or by special contract, a mortgagee may require that all money received on an insurance be applied in or towards discharge of the money due under his mortgage.


document_id: clpa-1886
provision_ref: s29
chapter: PART 4 - MORTGAGES
section: 29
title: Appointment, powers, remuneration and duties of a receiver
content:
29. —(1) A mortgagee entitled to appoint a receiver under the power in that behalf conferred by this Act shall not appoint a receiver until he has become entitled to exercise the power of sale conferred by this Act, but may then, by writing under his hand, appoint such person as he thinks fit to be receiver. (2) The receiver shall be deemed to be the agent of the mortgagor; and the mortgagor shall be solely responsible for the receiver’s acts or defaults, unless the mortgage deed otherwise provides. (3) The receiver may demand and recover all the income of the property of which he is appointed receiver, by action, distress or otherwise, in the name either of the mortgagor or of the mortgagee, to the full extent of the estate or interest which the mortgagor could dispose of, and may give effectual receipts accordingly for the same. (4) A person paying money to the receiver shall not be concerned to inquire whether any case has happened to authorise the receiver to act. (5) The receiver may be removed, and a new receiver may be appointed, from time to time by the mortgagee by writing under his hand. (6) The receiver out of any money received by him may retain for his remuneration, and in satisfaction of all costs, charges and expenses incurred by him as receiver, a commission at such rate, not exceeding 5% on the gross amount of all money received, as is specified in his appointment, and if no rate is so specified, then at the rate of 5% on that gross amount. (7) The receiver shall, if so directed in writing by the mortgagee, insure and keep insured against loss or damage by fire, out of the money received by him, any buildings, effects or property comprised in the mortgage, and being of an insurable nature, whether the same are affixed to the freehold or not. (8) The receiver shall apply all money received by him as follows: ( a ) in discharge of all rents, taxes, rates and outgoings whatever affecting the mortgaged property; ( b ) in keeping down all annual sums or other payments, and the interest on all principal sums, having priority to the mortgage in right whereof he is receiver; ( c ) in payment of his commission, and of the premiums on fire, life or other insurances (if any) properly payable under the mortgage deed or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgagee; and ( d ) in payment of the interest accruing due in respect of any principal money due under the mortgage, and shall pay the residue of the money received by him to the person who, but for the possession of the receiver, would have been entitled to receive the income of the mortgaged property, or who is otherwise entitled to that property. Action respecting mortgage


document_id: clpa-1886
provision_ref: s30
chapter: PART 4 - MORTGAGES
section: 30
title: Sale of mortgaged property in action for foreclosure, etc.
content:
30. —(1) Any person entitled to redeem mortgaged property may have a judgment or order for sale instead of for redemption in an action brought by him either for redemption alone, or for sale alone, or for sale or redemption, in the alternative. (2) In any action, whether for foreclosure, or for redemption, or for sale, or for the raising and payment in any manner of mortgage money, the court, on the request of the mortgagee, or of any person interested either in the mortgage money or in the right of redemption, and notwithstanding the dissent of any other person, and notwithstanding that the mortgagee or any person so interested does not appear in the action, and without allowing any time for redemption or for payment of any mortgage money, may, if it thinks fit, direct a sale of the mortgaged property, on such terms as it thinks fit, including, if it thinks fit, the deposit in court of a reasonable sum fixed by the court, to meet the expenses of sale and to secure performance of the terms. (3) In an action brought by a person interested in the right of redemption and seeking a sale, the court may, on the application of any defendant, direct the claimant to give such security for costs as the court thinks fit, and may give the conduct of the sale to any defendant, and may give such directions as it thinks fit respecting the costs of the defendants or any of them. [Act 25 of 2021 wef 01/04/2022] (4) In any case within this section, the court may, if it thinks fit, direct a sale without previously determining the priorities of incumbrancers.


document_id: clpa-1886
provision_ref: s31
chapter: PART 5 - STATUTORY MORTGAGE
section: 31
title: Form of statutory mortgage
content:
31. —(1) A mortgage of land may be made by a deed expressed to be made by way of statutory mortgage, being in the form given in Part 1 of the Schedule, with such variations and additions (if any) as circumstances may require, and this section shall apply thereto. (2) There shall be deemed to be included, and there shall by virtue of this Act be implied, in the mortgage deed, in addition to all other covenants, powers and provisions implied by virtue of this Act — ( a ) a covenant with the mortgagee by the mortgagor — that the mortgagor will, on the stated day, pay to the mortgagee the stated mortgage money, and will in the mean time and thereafter, if and as long as the mortgage money or any part thereof remains unpaid, pay to the mortgagee interest thereon, or on the unpaid part thereof, at the stated rate, by equal monthly payments, the first thereof to be made at the end of one calendar month from the day of the date of the mortgage; and ( b ) a proviso — that if the mortgagor, on the stated day, pays to the mortgagee the stated mortgage money, and has duly paid the interest thereon in the meantime at the stated rate, the mortgagee shall at any time thereafter, at the request and cost of the mortgagor, reconvey the mortgaged property to the mortgagor, or as he shall direct.


document_id: clpa-1886
provision_ref: s32
chapter: PART 5 - STATUTORY MORTGAGE
section: 32
title: Form of transfer of statutory mortgage
content:
32. —(1) A transfer of a statutory mortgage may be made by a deed expressed to be made by way of a statutory transfer of mortgage, being in such one of the 3 Forms A, B and C in Part 2 of the Schedule as may be appropriate to the case, with such variations and additions (if any) as circumstances may require, and this section shall apply thereto. (2) In whichever of these Forms the deed of transfer is made, it shall have effect as follows: ( a ) there shall become vested in the person to whom the benefit of the mortgage is expressed to be transferred, who, with his executors, administrators and assigns, is hereafter in this section designated the transferee, the right to demand, sue for, recover and give receipts for the mortgage money, or the unpaid part thereof, and the interest then due (if any) and thenceforth to become due, thereon, and the benefit of all securities for the same, and the benefit of and the right to sue on all covenants with the mortgagee, and the right to exercise all powers of the mortgagee; ( b ) all the estate and interest, subject to redemption, of the mortgagee in the mortgaged land shall vest in the transferee, subject to redemption. (3) If the deed of transfer is made in the Form B in Part 2 of the Schedule, there shall also be deemed to be included, and there shall be implied therein, a covenant with the transferee by the person expressed to join therein as covenantor — that the covenantor will, on the next of the days by the mortgage deed fixed for payment of interest, pay to the transferee the stated mortgage money, or so much thereof as then remains unpaid, with interest thereon, or on the unpaid part thereof, in the meantime, at the rate stated in the mortgage deed; and will thereafter, as long as the mortgage money, or any part thereof, remains unpaid, pay to the transferee interest on that sum, or the unpaid part thereof, at the same rate on the successive days by the mortgage deed fixed for payment of interest. (4) If the deed of transfer is made in the Form C in Part 2 of the Schedule, it shall operate not only as a statutory transfer of mortgage, but also as a statutory mortgage, and this section shall have effect in relation thereto accordingly; but it shall not be liable to any increased stamp duty by reason only of its being designated a mortgage.


document_id: clpa-1886
provision_ref: s33
chapter: PART 5 - STATUTORY MORTGAGE
section: 33
title: Implied covenant, joint and several
content:
33. In a deed of statutory mortgage, or of statutory transfer of mortgage, where more persons than one are expressed to convey as mortgagors, or to join as covenantors, the implied covenant on their part shall be deemed to be a joint and several covenant by them; and where there are more mortgagees or more transferees than one, the implied covenant with them shall be deemed to be a covenant with them jointly, unless the amount secured is expressed to be secured to them in shares or distinct sums, in which latter case the implied covenant with them shall be deemed to be a covenant with each severally with respect to the share or distinct sum secured to him.


document_id: clpa-1886
provision_ref: s34
chapter: PART 5 - STATUTORY MORTGAGE
section: 34
title: Form of reconveyance of statutory mortgage
content:
34. A reconveyance of a statutory mortgage may be made by a deed expressed to be made by way of statutory reconveyance of mortgage, being in the Form in Part 3 of the Schedule, with such variations and additions, if any, as circumstances may require.


document_id: clpa-1886
provision_ref: s34A
chapter: PART 5A - EASEMENTS
section: 34A
title: Power of court to create easements over land
content:
34A. —(1) The court may, on application by an interested person (referred to in this section as the applicant), make an order creating an easement over land if the easement is reasonably necessary for the effective use or development of other land (whether registered or unregistered) that will have the benefit of the easement. [8/2014] (2) An order under subsection (1) may be made only if the court is satisfied — ( a ) that the use of the land to which the benefit of the easement is to be made appurtenant will not be inconsistent with the public interest; ( b ) that the person entitled to the land to be burdened by the easement can be adequately compensated for any loss or other disadvantage that will arise from the creation of the easement; and ( c ) that all reasonable attempts have been made by the applicant to obtain the easement or an easement having the same effect directly from the person entitled to the land to be burdened by the easement. [8/2014] (3) An order made under subsection (1) shall specify — ( a ) the nature of the easement and extent of the land burdened by the easement; ( b ) the dominant tenement; and ( c ) the conditions, limitations and restrictions (if any) intended to affect the enjoyment of the easement. [8/2014] (4) The costs of the proceedings are payable by the applicant, unless the court otherwise orders. [8/2014] (5) An easement created under this section shall not bind the land to which the benefit of the easement is to be made appurtenant until it has been registered under the Registration of Deeds Act 1988. [8/2014] (6) In this section, “interested person” means a person with an interest in the land to which the benefit of an easement created under this section will be made appurtenant. [8/2014]


document_id: clpa-1886
provision_ref: s34B
chapter: PART 5A - EASEMENTS
section: 34B
title: Power of court to vary or extinguish easements
content:
34B. —(1) The court may, on application by any person with an interest in land which is subject to the burden of an easement, make an order to vary or extinguish wholly or in part the easement over that land. [8/2014] (2) An order under subsection (1) may be made upon the court being satisfied — ( a ) that by reason of a change of use of the land affected, as approved by planning permission within the meaning of the Planning Act 1998, or of changes in the character of the land or the neighbourhood, or other circumstances the court considers material, the continued existence of the easement will, unless varied or extinguished, impede the development of the land for public or private purposes without securing practical benefits to the persons entitled to the easement; or ( b ) that the proposed variation or extinguishment will not substantially injure the persons entitled to the easement. [8/2014] (3) An order varying or extinguishing wholly or in part an easement under subsection (1) may direct the applicant to pay to any person entitled to the benefit of the easement such sum by way of compensation as the court may think just to award under one, but not both, of the following heads: ( a ) a sum to make up for any loss or disadvantage suffered by that person in consequence of the variation or extinguishment; ( b ) a sum to make up for any effect which the easement had at the time when it was imposed in reducing the consideration then received for the land affected by it. [8/2014] (4) An order made under subsection (1) shall not bind the land until it has been registered under the Registration of Deeds Act 1988. [8/2014] (5) To avoid doubt, the reference in subsection (1) to an easement includes a reference to an easement for subjacent support that is implied by section 10 of the State Lands Act 1920. [11/2015]


document_id: clpa-1886
provision_ref: s35
chapter: PART 6 - DEVOLUTION OF LAND ON DEATH
section: 35
title: Land to devolve on death as chattels real
content:
35. —(1) All land shall, so far as regards the transmission and devolution thereof on the death of any person in whom it is vested, whether beneficially or on any trust or by way of mortgage, be deemed to be of the nature of chattels real, and accordingly all the like powers for one only of several joint personal representatives, as well as for a single personal representative, and for all the personal representatives together, to dispose of and otherwise deal with the land, shall belong to the deceased’s personal representatives or representative from time to time, with all the like incidents, but subject to all the like rights, equities and obligations as if the land were a chattel real vesting in them or him, and for the purposes of this section the personal representatives for the time being of the deceased shall be deemed in law his heirs and assigns within the meaning of all trusts and powers. (2) No sale or mortgage of land belonging to the estate of a deceased person shall be made by the legal personal representative of that person after the expiration of 6 years from his death unless with the sanction of the court, or unless the sale or mortgage is made in pursuance of a power of sale or trust for sale or mortgage which is expressly contained in or may be implied from the terms of the will of the deceased. (3) This section shall apply to cases of death either before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s36
chapter: PART 7 - MARRIED WOMEN, ALIENS, CORPORATIONS
section: 36
title: Power for court to bind interest of married women
content:
36. Notwithstanding that a married woman is restrained from anticipation, the court may, if it thinks fit, where it appears to the court to be for her benefit, by judgment or order, with her consent, bind her interest in any property.


document_id: clpa-1886
provision_ref: s37
chapter: PART 7 - MARRIED WOMEN, ALIENS, CORPORATIONS
section: 37
title:
Aliens entitled to acquire and hold lands in Singapore; and may sell, transfer, assign, bequeath or transmit them

content:
37. Subject to the provisions of the Residential Property Act 1976, any alien may by grant, conveyance, lease, assignment, succession, inheritance, bequest or otherwise, take, acquire, hold and possess any lands or other immovable property situated in Singapore, and may sell, transfer, assign, bequeath or transmit those lands or other property to any other person as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions and privileges as if he were a citizen of Singapore.


document_id: clpa-1886
provision_ref: s38
chapter: PART 7 - MARRIED WOMEN, ALIENS, CORPORATIONS
section: 38
title: Acts heretofore done and rights to property transmitted to be valid
content:
38. Every such grant, conveyance, lease, assignment or bequest, sale, transfer or other act prior to 24 December 1875, made or done by or with any alien, and the right to all property derived by or through any alien prior to that date by succession, inheritance, transmission or otherwise, shall be deemed as valid and effectual to all intents and purposes as if it had been made, done or derived by, with or through a natural born British subject.


document_id: clpa-1886
provision_ref: s39
chapter: PART 7 - MARRIED WOMEN, ALIENS, CORPORATIONS
section: 39
title: Power for corporations to hold property as joint tenants
content:
39. —(1) Subject to the provisions of the Residential Property Act 1976, a body corporate shall be capable of acquiring and holding any real or personal property in joint tenancy in the same manner as if it were an individual; and where a body corporate and an individual, or 2 or more bodies corporate, become entitled to any such property under circumstances or by virtue of any instrument which would, if the body corporate had been an individual, have created a joint tenancy, they shall be entitled to the property as joint tenants: Provided that the acquisition and holding of property by a body corporate in joint tenancy shall be subject to the like conditions and restrictions as attach to the acquisition and holding of property by a body corporate in severalty. (2) Where a body corporate is joint tenant of any property, then on its dissolution the property shall devolve on the other joint tenant.


document_id: clpa-1886
provision_ref: s40
chapter: PART 8 - MINORS
section: 40
title: Sales and leases on behalf of minor owner
content:
40. —(1) Where a person in his own right seised of or entitled to any land is a minor, the land shall be deemed to be a settled estate within the Settled Estates Act 1934. [7/2009] (2) Subsection (1) does not apply in the case of a lease not exceeding 3 years which is executed by a minor who has attained the age of 18 years as a principal. [7/2009]


document_id: clpa-1886
provision_ref: s41
chapter: PART 8 - MINORS
section: 41
title: Management of land and receipt and application of income during minority
content:
41. —(1) If and as long as any person who would but for this section be beneficially entitled to the possession of any land is a minor, the trustees appointed for this purpose by the settlement (if any) or if there are none so appointed, then the persons (if any) who are for the time being under the settlement trustees with power of sale of the settled land, or of part thereof, or with power of consent to or approval of the exercise of such a power of sale, of if there are none, then any persons appointed as trustees for this purpose by the court, on the application of a guardian or next friend of the minor, may enter into and continue in possession of the land; and in every such case subsections (2) to (8) shall apply. [7/2009] (2) The trustees shall manage or superintend the management of the land, with full power — ( a ) to fell timber or cut underwood from time to time in the usual course for sale, or for repairs or otherwise; ( b ) to erect, pull down, rebuild and repair houses and other buildings and erections; ( c ) to continue the working of mines, minerals and quarries which have usually been worked; ( d ) to drain or otherwise improve the land, or any part thereof; ( e ) to insure against loss by fire; ( f ) to make allowances to and arrangements with tenants and others; ( g ) to determine tenancies and to accept surrenders of leases and tenancies; and ( h ) generally to deal with the land in a proper and due course of management, but so that, where the minor is impeachable for waste, the trustees shall not commit waste, and shall cut timber on the same terms only, and subject to the same restrictions, on and subject to which the minor could, if of full age, cut it. [7/2009] (3) The trustees may from time to time, out of the income of the land, including the produce of the sale of timber and underwood, pay the expenses incurred in the management, or in the exercise of any power conferred by this section, or otherwise in relation to the land, and all outgoings not payable by any tenant or other person, and shall keep down any annual sum, and the interest of any principal sum, charged on the land. (4) The trustees may, in their discretion, apply any income which, in the exercise of their discretion they consider proper, according to the minor’s age, for his or her maintenance, education or benefit, or pay thereout any money to the minor’s parent or guardian, to be applied for the same purposes. [7/2009] (5) The trustees shall lay out of the residue of the income of the land in investment on securities on which they are by the settlement (if any) or by law, authorised to invest trust money, with power to vary investments; and shall accumulate the income of the investments so made in the way of compound interest, by from time to time similarly investing the income and the resulting income of investments; and shall stand possessed of the accumulated fund arising from income of the land and from investments of income on the trusts following: ( a ) if the minor attains the age of 21 years, then in trust for the minor; ( b ) if the minor is a woman and marries while a minor, then in trust for her separate use, independently of her husband, and so that her receipt after she marries, and though still a minor, shall be a good discharge; and ( c ) if the minor dies while a minor, and being a woman without having been married, then where the minor was under a settlement tenant for life, on the trusts (if any) declared of the accumulated fund by that settlement, but where no such trusts are declared or the minor is seised of or entitled to any land for an estate in fee simple absolute or conditional, or for any leasehold interest, then in trust for the minor’s personal representatives as part of the minor’s estate. [7/2009] (6) Where the minor’s estate or interest is in an undivided share of land, the powers of this section relative to the land may be exercised jointly with persons entitled to possession of, or having power to act in relation to, the other undivided share or shares. [7/2009] (7) This section shall apply only if and as far as a contrary intention is not expressed in the instrument under which the interest of the minor arises, and shall have effect subject to the terms of that instrument and to the provisions therein contained. [7/2009] (8) This section shall apply — ( a ) as to the whole — only where the instrument comes into operation after 1 July 1903; and ( b ) as to subsections (4) and (5) — only in relation to instruments coming into operation before 1 September 1929.


document_id: clpa-1886
provision_ref: s42
chapter: PART 8 - MINORS
section: 42
title: Application by trustees of income of minor’s property for maintenance, etc.
content:
42. —(1) Where any property is held by trustees in trust for a minor, either for life, or for any greater interest, and whether absolutely or contingently on his attaining the age of 21 years, or on the occurrence of any event before his attaining that age, the trustees may, at their sole discretion, pay to the minor’s parent or guardian (if any) or otherwise apply for or towards the minor’s maintenance, education or benefit, the whole or any part of the income to which the minor may be or become entitled in respect of that property, whether there is any other fund applicable to the same purpose or any person bound by law to provide for the minor’s maintenance or education or not. [7/2009] (2) The trustees shall accumulate all the residue of that income in the way of compound interest, by investing the same and the resulting income thereof from time to time on securities on which they are by the settlement (if any) or by law authorised to invest trust money, and shall hold those accumulations for the benefit of the person who ultimately becomes entitled to the property from which the same arise; but so that the trustees may at any time, if they think fit, apply those accumulations, or any part of them, as if they were income arising in the then current year. (3) This section shall apply only if and as far as a contrary intention is not expressed in the instrument under which the interest of the minor arises, and shall have effect subject to the terms of that instrument and to the provisions therein contained. [7/2009] (4) This section shall apply only in relation to instruments coming into operation at any time before 1 September 1929.


document_id: clpa-1886
provision_ref: s43
chapter: PART 9 - RENTCHARGES
section: 43
title: Release of part of land charged not to be an extinguishment
content:
43. —(1) A release from a rentcharge of part of the land charged therewith does not extinguish the whole rentcharge, but operates only to bar the right to recover any part of the rentcharge out of the land released, without prejudice to the rights of any persons interested in the land remaining unreleased, and not concurring in or confirming the release. (2) This section shall apply to releases made before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s44
chapter: PART 10 - POWERS OF ATTORNEY
section: 44
title: Effect of power of attorney, for value or not, made irrevocable for fixed time
content:
44. If a power of attorney, whether given for valuable consideration or not, is in the instrument creating the power expressed to be irrevocable for a fixed time therein specified, then in favour of a purchaser — ( a ) the power shall not be revoked for and during that fixed time, either by anything done by the donor of the power without the concurrence of the donee of the power, or by the death, marriage, mental disorder or bankruptcy of the donor of the power; ( b ) any act done within that fixed time by the donee of the power in pursuance of the power shall be as valid as if anything done by the donor of the power, without the concurrence of the donee of the power, or the death, marriage, mental disorder or bankruptcy of the donor of the power had not been done or happened; and ( c ) neither the donee of the power nor the purchaser shall at any time be prejudicially affected by notice either during or after that fixed time of anything done by the donor of the power during that fixed time without the concurrence of the donee of the power or of the death, marriage, mental disorder or bankruptcy of the donor of the power within that fixed time. [21/2008]


document_id: clpa-1886
provision_ref: s45
chapter: PART 10 - POWERS OF ATTORNEY
section: 45
title: Execution under power of attorney
content:
45. —(1) The donee of a power of attorney may, if he thinks fit, execute or do any assurance, instrument or thing in and with his own name and signature and his own seal, where sealing is required, by the authority of the donor of the power. (2) Every assurance, instrument and thing so executed and done shall be as effectual in law, to all intents, as if it had been executed or done by the donee of the power in the name and with the signature and seal of the donor thereof. (3) This section shall apply to powers of attorney created by instruments executed before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s46
chapter: PART 10 - POWERS OF ATTORNEY
section: 46
title: Payment by attorney under power without notice of death, etc., good
content:
46. —(1) Any person making or doing any payment or act, in good faith, in pursuance of a power of attorney, shall not be liable in respect of the payment or act by reason that before the payment or act the donor of the power had died or become mentally disordered, or bankrupt, or had revoked the power, if the fact of death, mental disorder, bankruptcy or revocation was not at the time of the payment or act known to the person making or doing the same. [21/2008] (2) This section shall not affect any right against the payee of any person interested in the money so paid; and that person shall have the like remedy against the payee as he would have had against the payer if the payment had not been made by him. (3) In this section, “power of attorney” does not include a lasting power of attorney registered under the Mental Capacity Act 2008. [22/2008; 16/2016]


document_id: clpa-1886
provision_ref: s47
chapter: PART 10 - POWERS OF ATTORNEY
section: 47
title: Statutory declaration by attorney
content:
47. —(1) A statutory declaration by an attorney to the effect that he has not received any notice or information of the revocation of such power of attorney by death or otherwise shall, if made immediately before or within 3 months after any such payment or act, be taken to be conclusive proof of such non-revocation at the time when the payment or act was made or done. (2) Where the donee of the power of attorney is a corporation aggregate, the officer appointed to act for the corporation in the execution of the power may make the statutory declaration in like manner as if that officer had been the donee of the power. (3) Where probate or letters of administration have been granted to any person, as attorney for some other person, this section shall apply as if the payment made or acts done under the grant had been made or done under a power of attorney. (4) In this section, “power of attorney” does not include a lasting power of attorney registered under the Mental Capacity Act 2008. [22/2008; 16/2016]


document_id: clpa-1886
provision_ref: s48
chapter: PART 10 - POWERS OF ATTORNEY
section: 48
title: Deposit of power of attorney
content:
48. —(1) ( a ) An instrument creating a power of attorney, its execution being verified by affidavit, statutory declaration, notarial certificate or other sufficient evidence, or a true copy of the instrument duly compared therewith and marked by the Registrar, Deputy Registrar or Assistant Registrar of the Supreme Court with the words “true copy”, or, if the instrument is registered in Malaysia, an office copy thereof, may be deposited in the Registry of the Supreme Court. ( b ) For the purposes of this section, a photographic reproduction of any such instrument made in such manner and of such dimensions as may be prescribed by general rule shall be deemed to be a true copy of the instrument. ( c ) The affidavit or declaration, if any, verifying the execution of any instrument creating a power of attorney, or, where an office or true copy of such an instrument is deposited, an office or true copy of that affidavit or declaration, shall be deposited with the instrument or copy of the instrument, and paragraphs ( a ) and ( b ) shall apply, mutatis mutandis, to such office or true copy. (2) In the case of any instrument creating a power of attorney in a foreign language being so deposited, there shall be deposited therewith a translation thereof, certified by a sworn interpreter of the court, or if there is no interpreter attached to the court sworn to interpret in the language in which the instrument is written, the translation shall be verified by a statutory declaration of some person qualified to translate it. (3) A separate file of instruments so deposited shall be kept, and any person may search that file and inspect every instrument so deposited, and an office copy thereof, and if in a foreign language, of the translation thereof, shall be delivered out to him on request. (4) A copy of an instrument so deposited may be presented at the Registry, and may be stamped or marked as an office copy, and when so stamped or marked shall become and be an office copy. (5) An office copy of an instrument so deposited shall without further proof be sufficient evidence of the contents of the instrument and of the deposit thereof in the Registry. (6) If the instrument so deposited is in a foreign language, an office copy of the translation deposited with the instrument shall without further proof be admissible in evidence as a correct translation of the original document. (7) The fees to be taken in the Registry shall be fixed by the Chief Justice. [7/97] (8) If any such instrument so deposited at any time thereafter has been or is revoked, the Registrar of the Supreme Court, on being satisfied by affidavit or statutory declaration or otherwise that the instrument has been revoked, shall endorse thereon a certificate stating that it has been revoked and the date thereof, and thereupon the instrument shall be deemed to have been duly revoked as from the date of that certificate. (9) Nothing in this section shall be deemed to affect or invalidate a revocation of any such instrument where no certificate is made or any earlier revocation thereof. (10) Any reference in subsections (2), (3), (4), (5), (6), (8) and (9) to an instrument shall be deemed to include a reference to a true or office copy of the instrument deposited in accordance with subsection (1). (11) Any reference in section 8 or any written law to a power of attorney deposited, filed or registered under or in the manner provided by this section includes a reference to a lasting power of attorney registered under the Mental Capacity Act 2008. [22/2008; 16/2016]


document_id: clpa-1886
provision_ref: s49
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 49
title: Use of word “grant” unnecessary
content:
49. —(1) The use of the word “grant” is not necessary in order to convey tenements or hereditaments corporeal or incorporeal. (2) This section shall apply to conveyances made before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s50
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 50
title: Conveyance by a person to himself, etc.
content:
50. —(1) All property may be conveyed by a person to himself jointly with another person, by the like means by which it might be conveyed to him by another person, and may, in like manner, be conveyed by a husband to his wife, and by a wife to her husband, alone or jointly with another person. (2) This section shall apply only to conveyances made on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s51
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 51
title: Estates tail abolished
content:
51. —(1) All words and expressions which on or before 1 August 1886 would have created or been deemed to create an estate tail shall create and be deemed to create an estate in fee simple. (2) This section shall apply only to instruments coming into operation on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s52
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 52
title: Estates may be conveyed by deed though not operating under Statute of Uses
content:
52. —(1) Any estate or interest in land, whether in possession, remainder or reversion, may be conveyed by a simple deed, whether the deed operates under the Statute of Uses (27 Hen. VIII. c. 10.) or not. (2) This section shall apply to deeds executed before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s53
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 53
title: Conveyance to be by deed in English language
content:
53. —(1) A conveyance of any estate or interest in land other than a lease for a period not exceeding 7 years at a rack rent shall be void at law unless it is by deed in the English language. (2) This section shall only apply to conveyances executed on or after 1 March 1994.


document_id: clpa-1886
provision_ref: s54
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 54
title: No conveyance to operate tortiously
content:
54. —(1) No conveyance of any kind shall operate to destroy, impair or affect any estate or interest which the conveying party has no right to destroy, impair or affect or beyond the extent to which he may impair or affect it. (2) This section shall apply to conveyances made before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s55
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 55
title: Words of limitation unnecessary
content:
55. —(1) It shall not be necessary in any deed relating to land to add words of limitation to heirs when the intention is to give the absolute interest to a person and his heirs general, but a gift, grant or other conveyance of land to or in favour of any person shall be taken to give him the entire and absolute interest in the nature of an estate in fee simple unless such a construction is rendered inadmissible by the other contents of the deed. (2) This section shall apply to deeds executed before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s56
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 56
title: Construction of supplemental or annexed deed
content:
56. —(1) A deed expressed to be supplemental to a previous deed or directed to be read as an annex thereto shall, as far as may be, be read and have effect as if the deed so expressed or directed were made by way of endorsement on the previous deed or contained a full recital thereof. (2) This section shall apply to deeds executed before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s57
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 57
title: Covenant to extend to executors, etc.
content:
57. —(1) A covenant relating to freehold land shall be deemed to be made with the covenantee, his heirs and assigns, and shall have effect as if heirs and assigns were expressed. (2) A covenant relating to leasehold land shall be deemed to be made with the covenantee, his executors, administrators and assigns, and shall have effect as if executors, administrators and assigns were expressed. (3) This section shall apply only to covenants made on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s58
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 58
title: Effect of covenant with 2 or more persons jointly
content:
58. —(1) A covenant, and a contract under seal, and a bond or obligation under seal, made with 2 or more persons jointly, to pay money or make a conveyance, or to do any other act, to them or for their benefit, shall be deemed to include, and shall, by virtue of this Act, imply, an obligation to do the act to, or for the benefit of, the survivor or survivors of them, and to, or for the benefit of, any other person to whom the right to sue on a covenant, contract, bond or obligation devolves. (2) This section shall extend to a covenant implied by virtue of this Act. (3) This section shall apply only if and as far as a contrary intention is not expressed in the covenant, contract, bond or obligation, and has effect subject to the covenant, contract, bond or obligation, and to the provisions therein contained. (4) This section shall apply only to a covenant, contract, bond or obligation made or implied on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s59
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 59
title: Effect of advance on joint account
content:
59. —(1) Where — ( a ) in a mortgage, or an obligation for payment of money, or a transfer of a mortgage or of such an obligation, the sum, or any part of the sum, advanced or owing is expressed to be advanced by or owing to more persons than one out of money, or as money, belonging to them on a joint account; or ( b ) a mortgage, or such an obligation, or such a transfer is made to more persons than one, jointly, and not in shares, the mortgage money, or other money or money’s worth, for the time being due to those persons on the mortgage or obligation, shall, as between them and the mortgagor or obligor, be deemed to be and remain money or money’s worth belonging to those persons on a joint account; and the receipt in writing of the survivors or last survivor of them, or of the personal representatives of the last survivor, shall be a complete discharge for all money or money’s worth for the time being due, notwithstanding any notice to the payer of a severance of the joint account. (2) This section shall apply only if and so far as a contrary intention is not expressed in the mortgage, or obligation, or transfer, and has effect subject to the terms of the mortgage, or obligation, or transfer, and to the provisions therein contained. (3) This section shall apply only to a mortgage or obligation or transfer made on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s60
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 60
title: Grants of easements, etc., by way of use
content:
60. —(1) A conveyance of freehold land to the use that any person may have, for an estate or interest, not exceeding in duration the estate conveyed in the land, any easement, right, liberty or privilege in, or over, or with respect to that land, or any part thereof, shall operate to vest in possession in that person that easement, right, liberty or privilege, for the estate or interest expressed to be limited to him; and he, and the person deriving title under him, shall have, use and enjoy the same accordingly. (2) This section shall apply only to conveyances made on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s61
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 61
title: Provision for all the estate
content:
61. —(1) Every conveyance shall, by virtue of this Act, be effectual to pass all the estate, right, title, interest, claim and demand which the conveying parties respectively have in, to, or on the property conveyed, or expressed or intended so to be, or which they respectively have power to convey in, to, or on the same. (2) This section shall apply only if and as far as a contrary intention is not expressed in the conveyance, and shall have effect subject to the terms of the conveyance and to the provisions therein contained. (3) This section shall apply only to conveyances made on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s62
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 62
title: Restriction on executory limitations
content:
62. —(1) Where there is a person entitled to land for an estate in fee or for a term of years, absolute or determinable on life or for a term of life, with an executory limitation over on default or failure of all or any of his issue, whether within or at any specified period or time or not, that executory limitation shall be or become void and incapable of taking effect if and as soon as there is living any issue who has attained the age of 21 years of the class on default or failure whereof the limitation over was to take effect. (2) This section shall apply only where the executory limitation is contained in an instrument coming into operation on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s63
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 63
title: Construction of implied covenants
content:
63. In the construction of a covenant or proviso, or other provision, implied in a deed by virtue of this Act, words importing the singular or plural number, or the masculine gender, shall be read as also importing the plural or singular number, or as extending to the feminine gender, as the case may require.


document_id: clpa-1886
provision_ref: s64
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 64
title: Receipt in deed or endorsed thereon authority for payment, etc.
content:
64. —(1) Where, before 1 August 2011, a solicitor produces a deed, having in the body thereof or endorsed thereon a receipt for consideration, the deed being executed, or the endorsed receipt being signed, by the person who is entitled to give a receipt for that consideration, the deed shall be sufficient authority to the person who is liable to pay or give the consideration for his paying or giving the consideration to the solicitor, without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the deed. [17/2011] (2) Where, on or after 1 August 2011, a solicitor produces a deed, having in the body thereof or endorsed thereon a receipt for consideration, the deed being executed, or the endorsed receipt being signed, by the person who is entitled to give a receipt for that consideration, the deed shall be sufficient authority to the person who is liable to pay or give the consideration — ( a ) if the consideration is in the form of money — for his tendering to the solicitor any cashiers’ orders, cheques or other similar physical payment instruments pertaining to the payment of the consideration; or ( b ) if the consideration is in any other form — for his giving the consideration to the solicitor, without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the deed. [17/2011]


document_id: clpa-1886
provision_ref: s65
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 65
title: Receipt in deed sufficient
content:
65. A receipt for consideration money or securities in the body of a deed shall be a sufficient discharge for the same to the person paying or delivering the same, without any further receipt for the same being endorsed on the deed.


document_id: clpa-1886
provision_ref: s65A
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 65A
title: Consideration expressed in instrument authority for payment, etc.
content:
65A. —(1) Where, before 1 August 2011, a solicitor produces an instrument as defined in the Land Titles Act 1993 in which consideration is expressed and which has been executed by the person in whose favour the consideration is payable or has been paid or is partly payable and partly paid, that instrument shall be sufficient authority to the person who is liable to pay or give the consideration for his paying or giving the consideration to the solicitor, without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the instrument. [17/2011] (2) Where, on or after 1 August 2011, a solicitor produces an instrument as defined in the Land Titles Act 1993 in which consideration is expressed and which has been executed by the person in whose favour the consideration is payable or has been paid or is partly payable and partly paid, that instrument shall be sufficient authority to the person who is liable to pay or give the consideration — ( a ) if the consideration is in the form of money — for his tendering to the solicitor any cashiers’ orders, cheques or other similar physical payment instruments pertaining to the payment of the consideration; or ( b ) if the consideration is in any other form — for his giving the consideration to the solicitor, without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the instrument. [17/2011]


document_id: clpa-1886
provision_ref: s66
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 66
title: Receipt in deed or endorsed evidence for subsequent purchaser
content:
66. —(1) A receipt for consideration money or other consideration in the body of a deed or endorsed thereon shall, in favour of a subsequent purchaser not having notice that the money or other consideration thereby acknowledged to be received was not in fact paid or given, wholly or in part, be sufficient evidence of the payment or giving of the whole amount thereof. (2) This section shall apply to deeds executed before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s66A
chapter: PART 11 - CONSTRUCTION AND EFFECT OF DEEDS AND
section: 66A
title: Severance of tenancy in common and joint tenancy
content:
66A. —(1) Tenants in common entitled in equal shares who intend to hold their estate or interest in land as joint tenants may jointly declare by a deed of declaration that they hold the estate or interest in their respective shares in the land as joint tenants of the entire estate or interest thereof. [25/2001] (2) Upon the making of the deed of declaration referred to in subsection (1) — ( a ) where all the tenants in common of the entire estate or interest in the land are the declarants — the estate or interest which they held in their respective shares as tenants in common immediately before the making of such deed shall vest in them as joint tenants; or ( b ) where not all the tenants in common of the entire estate or interest in the land are the declarants — (i) the estate or interest which the declarants held in their respective shares as tenants in common immediately before the making of such deed shall vest in the declarants as joint tenants; and (ii) the declarants and the other tenants in common shall continue to hold their estate or interest in their respective shares as tenants in common. (3) Without prejudice to any rule or principle of law relating to severance of a joint tenancy, a joint tenant may sever a joint tenancy of an estate or interest in land by a deed of declaration and by serving a copy of the deed of declaration personally or by registered post on the other joint tenants. (4) Upon the making of the deed of declaration and the service of the deed of declaration pursuant to subsection (3), the respective estates and interests in the land shall be held by the declarant as tenant‑in‑common with the remaining joint tenants, and the declarant shall be deemed to hold a share that is equal in proportion to each of the remaining joint tenants as if each and every one of them had held the land as tenants‑in‑common in equal shares prior to the severance. [8/2014] (5) Where a joint tenant holds an estate or interest in land on trust, the severance of the joint tenancy shall not affect the rights of the beneficiary of the trust or the operation of the law relating to breaches of trust. (6) For the purpose of subsection (3), where a copy of the deed of declaration is sent by registered post to the other joint tenants, it shall be deemed to have been served on the other joint tenants to whom it is addressed 2 days after the day it is sent by registered post to the last known place of residence or business in Singapore of the other joint tenants, notwithstanding it is returned undelivered. [8/2014]


document_id: clpa-1886
provision_ref: s67
chapter: PART 12 - POWERS
section: 67
title: Powers simply collateral
content:
67. —(1) A person to whom any power, whether coupled with an interest or not, is given may by deed release or contract not to exercise the power. (2) This section shall apply to powers created by instruments coming into operation before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s68
chapter: PART 12 - POWERS
section: 68
title: Disclaimer of powers by trustees
content:
68. —(1) A person to whom any power, whether coupled with any interest or not, is given may by deed disclaim the power, and after disclaimer shall not be capable of exercising or joining in the exercise of the power. (2) On such disclaimer, the power may be exercised by the other person or persons or the survivor or survivors of the other persons, to whom the power is given, unless the contrary is expressed in the instrument creating the power. (3) This section shall apply to powers created by instruments coming into operation before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s69
chapter: PART 12 - POWERS
section: 69
title: Mode of execution of power
content:
69. —(1) A deed executed in the presence of or attested by 2 or more witnesses, in the manner in which deeds are ordinarily executed and attested, is so far as respects the execution and attestation thereof a valid execution of a power of appointment by deed or by any instrument in writing, not testamentary, notwithstanding that it is expressly required that a deed or instrument in writing, made in exercise of the power, is to be executed or attested with some additional or other form of execution or attestation or solemnity. (2) This section shall not operate to defeat any direction in the instrument creating the power that the consent of any particular person is to be necessary to a valid execution, or that in order to give validity to any appointment, any act is to be performed having no relation to the mode of executing and attesting the instrument. (3) This section shall not prevent the donee of a power from executing it in accordance with the power by writing, or otherwise than by an instrument executed and attested as an ordinary deed, and where a power is so executed this section shall not apply. (4) This section shall apply to powers created by instruments coming into operation before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s70
chapter: PART 13 - NOTICE
section: 70
title: Restrictions on constructive notice
content:
70. —(1) A purchaser shall not be prejudicially affected by notice of any instrument, fact or thing unless — ( a ) it is within his own knowledge, or would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made by him; or ( b ) in the same transaction, with respect to which a question of notice to the purchaser arises, it has come to the knowledge of his counsel as such or of his solicitor or other agent as such, or would have come to the knowledge of his solicitor or other agent as such if such inquiries and inspections had been made as ought reasonably to have been made by the solicitor or other agent. (2) This section shall not exempt a purchaser from any liability under or any obligation to perform or observe any covenant, condition, provision or restriction contained in any instrument under which his title is derived mediately or immediately, and that liability or obligation may be enforced in the same manner and to the same extent as if this section had not been enacted. (3) A purchaser shall not by reason of anything in this section be affected by notice in any case where he would not have been so affected if this section had not been enacted. (4) This section shall apply to purchases made before, on or after 1 August 1886.


document_id: clpa-1886
provision_ref: s71
chapter: PART 14 - ADOPTION OF ACT
section: 71
title: Protection of solicitor and trustees adopting this Act
content:
71. —(1) The powers given by this Act to any person, and the covenants, provisions, stipulations and words which under this Act are to be deemed included or implied in any instrument, or are by this Act made applicable to any contract for sale or other transaction, are and shall be deemed in law proper powers, covenants, provisions, stipulations and words, to be given by or to be contained in any such instrument, or to be adopted in connection with, or applied to, any such contract or transaction; and a solicitor shall not be deemed guilty of neglect or breach of duty, or become in any way liable, by reason of his omitting, in good faith, in any such instrument, or in connection with any such contract or transaction, to negative the giving, inclusion, implication or application of any of those powers, covenants, provisions, stipulations or words, or to insert or apply any others in place thereof, in any case where the provisions of this Act would allow of his doing so. (2) Nothing in this Act shall be taken to imply that the insertion in any such instrument, or the adoption in connection with, or the application to, any contract or transaction, of any further or other powers, covenants, provisions, stipulations or words is improper. (3) Where the solicitor is acting for trustees, executors or other persons in a fiduciary position, those persons shall also be protected in like manner. (4) Where such persons are acting without a solicitor, they shall also be protected in like manner.


document_id: clpa-1886
provision_ref: s72
chapter: PART 15 - MISCELLANEOUS
section: 72
title: Service of notices
content:
72. —(1) Any notice required or authorised by this Act to be served shall be in writing. (2) Any notice required or authorised by this Act to be served on a lessee or mortgagor shall be sufficient, although only addressed to the lessee or mortgagor by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, or under disability, or unborn, or unascertained. (3) Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last known place of abode or business in Singapore of the lessee, lessor, mortgagee, mortgagor or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage. (4) Any notice required or authorised by this Act to be served shall also be sufficiently served if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor or other person to be served, by name, at the aforesaid place of abode or business, or office, and if that letter is not returned through the post office undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered. (5) This section shall not apply to notices served in proceedings in the court.


document_id: clpa-1886
provision_ref: s73
chapter: PART 15 - MISCELLANEOUS
section: 73
title: Moneys payable under policy of assurance not to form part of the estate of the insured
content:
73. —(1) A policy of assurance effected by any man on his own life and expressed, before 1 September 2009, to be for the benefit of his wife or of his children or of his wife and children or any of them, or by any woman on her own life and expressed, before 1 September 2009, to be for the benefit of her husband or of her children or of her husband and children or any of them, shall create a trust in favour of the objects therein named, and the moneys payable under any such policy shall not, so long as any object of the trust remains unperformed, form part of the estate of the insured or be subject to his or her debts. [3/2009] (2) If it is proved that the policy was effected and the premiums paid with intent to defraud the creditors of the insured, they shall be entitled to receive out of the moneys payable under the policy a sum equal to the premiums so paid. (3) The insured may, by the policy or by any memorandum under his or her hand, appoint a trustee or trustees of the moneys payable under the policy, and from time to time appoint a new trustee or new trustees thereof, and may make provision for the appointment of a new trustee or new trustees thereof and for the investment of the moneys payable under any such policy. (4) In default of any such appointment of a trustee, the policy shall vest in the insured and his or her legal personal representatives in trust for the purposes aforesaid. [3/2009] (5) If at the time of the death of the insured or at any time afterwards there is no trustee, or it is expedient to appoint a new trustee or new trustees, a trustee or trustees or a new trustee or new trustees may be appointed by the court. [40/2019] (6) The receipt of a trustee or trustees duly appointed or, in default of any such appointment or in default of notice to the insurance office, the receipt of the legal personal representative of the insured, shall be a discharge to the office for the sum secured by the policy or for the value thereof in whole or in part.


document_id: clpa-1886
provision_ref: s73A
chapter: PART 15 - MISCELLANEOUS
section: 73A
title: Co-owner liable to account
content:
73A. A joint tenant or tenant in common shall be liable to account to his co-owner for receiving more than his share or proportion of any rents or profits arising from the property. 73B. [ Repealed by Act 40 of 2018 ]


document_id: clpa-1886
provision_ref: s73C
chapter: PART 15 - MISCELLANEOUS
section: 73C
title: Voluntary disposition of land how far voidable as against purchasers
content:
73C. —(1) Every voluntary disposition of immovable property made with intent to defraud a subsequent purchaser is voidable at the instance of that purchaser. (2) For the purposes of this section, no voluntary disposition shall be deemed to have been made with intent to defraud by reason only that a subsequent disposition for valuable consideration was made.


document_id: clpa-1886
provision_ref: s73D
chapter: PART 15 - MISCELLANEOUS
section: 73D
title: Rules to regulate conveyancing transactions, etc.
content:
73D. —(1) The Minister may make rules to regulate conveyancing transactions and the receipt, holding and distribution of conveyancing money. [17/2011] (2) Without prejudice to the generality of subsection (1), the rules made under this section may — ( a ) specify what constitutes — (i) a conveyancing transaction; and (ii) conveyancing money; ( b ) prohibit such persons as may be prescribed from holding conveyancing money, except in such circumstances and subject to such conditions as may be prescribed; ( c ) require any person referred to in paragraph ( b ) who receives any conveyancing money to deposit the money with any entity appointed by the Minister under subsection (3); ( d ) provide for the receipt, holding and distribution of conveyancing money by any entity referred to in paragraph ( c ); ( e ) prescribe the terms and conditions which shall apply to every conveyancing transaction; ( f ) provide for measures to ensure compliance with the requirements of the rules; ( g ) provide for any person who is required by the rules to countersign any document for the purpose of facilitating the payment of any conveyancing money to be protected from liability for countersigning that document in accordance with the rules, if his act of countersigning that document — (i) was done in good faith; and (ii) did not involve any fraud or wilful misconduct on his part; ( h ) provide that any contravention of any provision of the rules shall be an offence punishable with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 3 years or with both; ( i ) exempt any person or entity, or any class of persons or entities, from any provision of the rules; and ( j ) contain such transitional, savings or other consequential provisions as the Minister considers necessary or expedient. [17/2011] (3) The Minister may, by the rules made under this section, appoint, upon such conditions as he may think fit, any entity or class of entities as an entity, or a class of entities, with which conveyancing money may be deposited for the purposes of the rules. [17/2011] (4) Where an agreement entered into on or after 1 August 2011 in respect of a conveyancing transaction contains any contractual term that is inconsistent with the rules made under this section, that term shall, to the extent of the inconsistency, not have effect. [17/2011] (5) The Public Prosecutor may, on such terms and conditions as he may determine, compound any offence under the rules made under this section. [17/2011] (6) Where an offence under the rules made under this section is compounded under subsection (5), no further proceedings shall be taken against the person reasonably suspected of having committed the offence. [17/2011] (7) The Minister shall designate the public officer who may collect any sum of money paid for the composition of any offence under the rules made under this section. [17/2011] (8) All sums collected for the composition of offences under the rules made under this section shall be paid into the Consolidated Fund. [17/2011]


document_id: clpa-1886
provision_ref: s73E
chapter: PART 15 - MISCELLANEOUS
section: 73E
title: Adjudication of certain disputes relating to conveyancing money
content:
73E. —(1) The Minister may make rules to establish a Scheme for the adjudication of relevant disputes. [17/2011] (2) Without prejudice to the generality of subsection (1), the rules made under this section may — ( a ) specify the types of disputes (being disputes relating to the receipt, holding and distribution of conveyancing money under the relevant rules) which will constitute relevant disputes; ( b ) prescribe the procedure for the adjudication, under the Scheme, of any relevant dispute; ( c ) provide for the appointment of an administrator for the Scheme; ( d ) provide for the appointment of adjudicators for the Scheme; ( e ) provide for the powers of an adjudicator, including — (i) the power to determine any relevant dispute that is submitted for adjudication under the Scheme; (ii) the power to order any party to a relevant dispute submitted for adjudication under the Scheme to do one or more of the following: (A) to comply with any requirement under the relevant rules; (B) to pay such compensation (including interest for the late completion of a conveyancing transaction) as the adjudicator may determine for any loss caused, by reason of that party’s failure to comply with any requirement under the relevant rules, to any other party to that dispute; (C) to pay such costs as the adjudicator may determine to any other party to that dispute; and (iii) if the adjudicator is of the opinion that any dispute submitted for adjudication under the Scheme is not a relevant dispute, or that any issue raised during the adjudication of a relevant dispute falls outside the purview of the Scheme, the power to do either or both of the following: (A) to determine that the Scheme does not apply to that dispute or issue; (B) to order the party submitting that dispute or raising that issue to pay such costs as the adjudicator may determine to any other party to that dispute; ( f ) provide for an adjudicator’s determination of a relevant dispute submitted for adjudication under the Scheme, and every order made by the adjudicator in relation to that dispute, to be binding on the parties to that dispute, and on any person claiming through or under any such party, unless the determination or order is set aside or varied by the court; ( g ) provide for the enforcement of any determination or order of an adjudicator referred to in paragraph ( e ), including the recovery of any compensation or costs ordered by the adjudicator as a debt; ( h ) empower any individual appointed for this purpose by the administrator of the Scheme, or by the persons in whom the management of the administrator is vested, to countersign, on behalf of any party to a relevant dispute, any document which that party has failed to countersign after being ordered to do so by an adjudicator; ( i ) provide for an adjudicator to be protected from liability for any thing done or omitted to be done by him for the purposes of an adjudication under the Scheme, if — (i) the thing was done or omitted in good faith; and (ii) the thing done or omission did not involve any fraud or wilful misconduct on his part; ( j ) provide for the administrator of the Scheme, the persons in whom the management of the administrator is vested, and any appointed individual referred to in paragraph ( h ) to be protected from liability for any thing done or omitted to be done by all or any of them for the purposes of the Scheme, if — (i) the thing was done or omitted in good faith; and (ii) the thing done or omission did not involve any fraud or wilful misconduct on the part of all or any of them; and ( k ) provide for the payment of such deposits, expenses, fees and charges for the Scheme (including any deposits, expenses, fees and charges payable to an adjudicator) as may be prescribed. [17/2011] (3) Notwithstanding subsections (1) and (2) and the rules made under this section, any party to a relevant dispute may apply to the court to determine that dispute — ( a ) at any time before that dispute is submitted for adjudication under the Scheme; or ( b ) if that dispute has been submitted for adjudication under that Scheme, at any time before an adjudicator has determined that dispute or made any order referred to in subsection (2)( e ) in relation to that dispute. [17/2011] (4) Where an adjudicator has determined any relevant dispute submitted for adjudication under the Scheme or made any order in relation to that dispute, any party to that dispute who is dissatisfied with the determination or order may apply to the court, within such period as may be prescribed by the rules made under this section, to set aside or vary the determination or order. [17/2011] (5) An application under subsection (3) or (4) shall be — ( a ) made by originating application; and [Act 25 of 2021 wef 01/04/2022] ( b ) served on every party to the relevant dispute other than the applicant. [17/2011] (6) Where any proceedings in an application under subsection (3) or (4) cause any delay in the completion of any conveyancing transaction, the court hearing the application may extend the time for the completion of that conveyancing transaction and make such other order as the court considers necessary or appropriate. [17/2011] (7) In this section — “adjudicator” means an adjudicator appointed for the Scheme; “relevant rules” means the rules made under section 73D; “Scheme” means the Scheme established by the rules made under this section. [17/2011]


document_id: clpa-1886
provision_ref: s74
chapter: PART 16 - PROCEDURE
section: 74
title: Regulations respecting payment into court and applications
content:
74. —(1) Payment of money into court shall effectually exonerate therefrom the person making the payment. (2) Every application to the court shall, except where it is otherwise expressed, be by summons. [42/2005] (3) On an application by a purchaser, notice shall be served in the first instance on the vendor. (4) On an application by a vendor, notice shall be served in the first instance on the purchaser. (5) On any application, notice shall be served on such persons, if any, as the court thinks fit. (6) The court shall have full power and discretion to make such order as it thinks fit respecting the costs, charges or expenses of all or any of the parties to any application. (7) General rules for purposes of this Act shall be deemed Rules of Court within section 80 of the Supreme Court of Judicature Act 1969, and may be made accordingly.


document_id: clpa-1886
provision_ref: s75
chapter: PART 16 - PROCEDURE
section: 75
title: Orders of court not to be invalidated as against a purchaser
content:
75. —(1) An order of the court under any statutory or other jurisdiction shall not, as against a purchaser, be invalidated on the ground of want of jurisdiction, or of want of any concurrence, consent, notice or service, whether the purchaser has notice of any such want or not. (2) This section shall apply to all orders made before, on or after 1 August 1886, except any order which was before that date set aside or determined to be invalid on any ground, and except any order as regards which an action or proceeding was at that date pending for having it set aside or determined to be invalid.


document_id: cltpa-1955
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title
content:
1. —(1) This Act is the Criminal Law (Temporary Provisions) Act 1955. [S 40/2022] (2) This Act continues in force for a period of 5 years starting on 21 October 2024. [Act 18 of 2024 wef 21/10/2024] (3) The expiry of this Act shall not affect the operation thereof as respects things previously done or omitted to be done.


document_id: cltpa-1955
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the subject or context otherwise requires — “authorised officer” means — ( a ) any police officer or officer of customs; ( b ) any person holding a commission in the Singapore Armed Forces; or ( c ) any authority or any person by name or office appointed by the Minister to be an authorised officer for the purpose of exercising all or any of the powers conferred upon an authorised officer by this Act; “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of these means, and includes any banner, emblem or other insignia; “explosive substance” shall be deemed to include any materials for making any explosive substance and any bomb, grenade, 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 substance and any part of such bomb, grenade, apparatus, machine or implement; “police officer” includes any member of the Special Constabulary constituted under Part 8 of the Police Force Act 2004; “subversive document” means any document which contains — ( a ) any subversive matter; ( b ) any propaganda or matter supporting, propagating or advocating acts prejudicial to the public safety in Singapore or the maintenance of public order therein or inciting to violence therein or counselling disobedience to the law thereof or to any lawful order therein; or ( c ) any reference to or account of any collection of, or any request or demand for, any subscription, contribution or donation, whether in money or in kind, or any request or demand for supplies for the benefit, directly or indirectly, or the use of persons who intend to or are about to act or have acted in a manner prejudicial to the public safety in 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, and includes any document indicating a connection, association or affiliation with any unlawful society; “supplies” includes money, food, drink, clothing, rubber, tin or other valuable commodity, any medicine or drug or other medical supplies, and any material or instrument or part thereof for printing, typewriting or duplicating words or objects in visible form.


document_id: cltpa-1955
provision_ref: s3
chapter: PART 2 - MISCELLANEOUS OFFENCES RELATING TO PUBLIC SAFETY
section: 3
title: Supplies
content:
3. —(1) Any person who 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 safety in Singapore or the maintenance of public order therein or that the supplies so demanded, collected or received are intended for the use of any person who that firstmentioned person knows or has reason to believe intends, or is about, so to act, or has recently so acted, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years. (2) Any person who is found in possession of any supplies for which he cannot satisfactorily account in circumstances which raise a reasonable presumption that the supplies are intended for the use of any person who that firstmentioned person knows or has reason to believe intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 7 years. (3) Any person who provides, directly or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that the firstmentioned person knows or has reason to believe that other person intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, 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, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 7 years. (4) No person shall be convicted of any offence under subsection (3) if he proves that prior to being charged with or accused of that offence by a police officer or a person in authority he voluntarily gave full information of the offence to a police officer. (5) In any charge of any offence under any of the provisions of 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.


document_id: cltpa-1955
provision_ref: s4
chapter: PART 2 - MISCELLANEOUS OFFENCES RELATING TO PUBLIC SAFETY
section: 4
title: Making and possession of subversive documents
content:
4. —(1) Any person who, without lawful excuse, makes, causes to be made, carries or has in his possession or under his control any subversive document shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years. (2) Every document purporting to be a subversive document shall be deemed to be a subversive document until the contrary is proved. (3) Where, in any prosecution under this section, it is proved that a person made, was carrying or had in his possession or under his control a subversive document, he shall be deemed to have known the nature and contents of the document. (4) 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 nature or contents of the subversive document which he made, caused to be made, was carrying or had in his possession or under his control; and ( b ) that he made, caused to be made, 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 the document was a subversive document.


document_id: cltpa-1955
provision_ref: s5
chapter: PART 3 - ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES
section: 5
title: Interpretation of this Part
content:
5. In this Part, unless the context otherwise requires — “Commissioner” means the Commissioner for Labour, and includes any Deputy or Assistant Commissioner for Labour; “essential service” means any service, business, trade, undertaking, manufacture or calling included in Part 1 of the First Schedule; “lock-out” means the closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a trade dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment; “public health service” means — ( a ) any hospital, clinic, sanatorium or other institution for the care of the sick; and ( b ) any system of public conservancy or sanitation; “strike” means the cessation of work by a body of persons employed in any essential service acting in combination, or a concerted refusal or a refusal under a common understanding of a number of persons who are or who have been so employed to continue to work or to accept employment; “workman” means any person who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work, and includes, for the purposes of any proceedings under this Part in relation to a trade dispute, a workman discharged during that dispute.


document_id: cltpa-1955
provision_ref: s6
chapter: PART 3 - ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES
section: 6
title: Restrictions on strikes and lock-outs
content:
6. —(1) No workman employed in any of the following essential services shall go on strike: ( a ) water services; ( b ) gas services; ( c ) electricity services. (2) No workman employed in any essential service, not being an essential service specified in subsection (1), shall go on strike — ( a ) unless at least 14 days before striking he has given to his employer notice of intention to strike as provided by this section; ( b ) before the date of striking specified in the notice of intention to strike; or ( c ) during the pendency of any proceedings. (3) No employer shall lock out any workman engaged in any essential service specified in subsection (1). (4) No employer shall lock out any workman engaged in any essential service, not being an essential service specified in subsection (1) — ( a ) unless at least 14 days before locking out he has given to his workmen notice of intention to lock out as provided by this section; ( b ) before the date of locking out specified in the notice of intention to lock out; or ( c ) during the pendency of any proceedings. (5) The notice referred to in subsection (2) shall — ( a ) be delivered to the employer or his manager; ( b ) be signed by not less than 7 workmen employed by the employer and concerned in the strike, or by 7 representatives of the trade union of which the workmen are members; and ( c ) be in accordance with Form 1 set out in Part 2 of the First Schedule. (6) The notice referred to in subsection (4) shall — ( a ) be signed by the employer; ( b ) be delivered to a representative of the workmen concerned or to an officer of the trade union to which the workmen belong; and ( c ) be in accordance with Form 2 set out in Part 2 of the First Schedule. (7) The employer shall cause a copy of the notice referred to in subsection (4) to be posted at 3 conspicuous places in the place of work where the workmen affected thereby are ordinarily employed. (8) A copy of every notice which is given under subsection (2) or (4) shall be delivered to the Commissioner within 3 days after the notice is given. (9) Every notice which is given under subsection (2) or (4) shall expire at the end of 30 days from the date of the notice. (10) In this section, “proceedings” means — ( a ) conciliation proceedings directed by the Commissioner under section 21(2) of the Industrial Relations Act 1960 or by the Minister under section 23(1) of that Act; ( b ) proceedings before an Industrial Arbitration Court in respect of a trade dispute of which that Court has cognizance by virtue of section 31 of the Industrial Relations Act 1960; or ( c ) proceedings before a board of inquiry appointed by the Minister under section 74(1) of the Industrial Relations Act 1960.


document_id: cltpa-1955
provision_ref: s7
chapter: PART 3 - ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES
section: 7
title: Illegal strikes and lock-outs
content:
7. A strike or lock-out shall be deemed to be illegal if it is commenced, declared or continued in contravention of section 6, or of any provision of any other written law.


document_id: cltpa-1955
provision_ref: s8
chapter: PART 3 - ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES
section: 8
title: Lock-out or strike consequent on illegal strike or lock-out
content:
8. A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.


document_id: cltpa-1955
provision_ref: s9
chapter: PART 3 - ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES
section: 9
title: Penalty for illegal strikes and lock-outs
content:
9. —(1) Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Any employer who commences, continues or otherwise acts in furtherance of a lock-out which is illegal under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cltpa-1955
provision_ref: s10
chapter: PART 3 - ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES
section: 10
title: Penalty for instigation
content:
10. Any person who — ( a ) instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Part; or ( b ) instigates or incites others to withhold their labour or services knowing or having reason to believe that the probable consequences of that action will be to endanger human life or the efficient operation of any public health service or cause serious bodily injury or expose valuable property whether real or personal to destruction or serious damage, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cltpa-1955
provision_ref: s11
chapter: PART 3 - ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES
section: 11
title: Penalty for giving financial aid to illegal strikes or lock‑outs
content:
11. Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock‑out shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cltpa-1955
provision_ref: s12
chapter: PART 3 - ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES
section: 12
title: Protection of persons refusing to take part in illegal strikes or lock‑outs
content:
12. No person refusing to take part or to continue to take part in any strike or lock‑out which is by this Part declared to be illegal shall be, by reason of the refusal, subject to expulsion from any trade union or society, or to any fine or penalty, or to the deprivation of any right or benefit to which he or his legal personal representatives would otherwise be entitled, or be liable to be placed in any respect, directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in the rules of a trade union or society notwithstanding.


document_id: cltpa-1955
provision_ref: s13
chapter: PART 4 - GENERAL
section: 13
title: Dispersal of assemblies
content:
13. —(1) Whenever the Minister declares that an immediate threat to public peace exists within Singapore or any part thereof, any police officer not below the rank of sergeant may command any assembly of 10 or more persons within Singapore to disperse and it shall thereupon be the duty of those persons to disperse accordingly. (2) Any person joining or continuing in any assembly referred to in subsection (1) 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 6 months or to both. (3) Any declaration under subsection (1) shall, but without prejudice to the making of a further declaration, remain in force for a period not exceeding 48 hours. (4) In any prosecution under this section, a certificate signed by the Minister as to the date and time of the making of a declaration shall be admissible in evidence and shall not be called in question in any court.


document_id: cltpa-1955
provision_ref: s14
chapter: PART 4 - GENERAL
section: 14
title: Powers of search and boarding vessels
content:
14. —(1) A police officer not below the rank of sergeant may, without warrant and with or without assistance, enter and search any premises, stop and search any vehicle or individual, whether in a public place or not, if he suspects that any evidence of the commission of an offence is likely to be found on the premises or individual or in the vehicle, and may seize any evidence so found. (2) Without prejudice to the provisions of any other written law, any police officer may, when on duty and on the authority of a police officer not below the rank of sergeant — ( a ) stop, board and search any vessel not being or having the status of a ship of war; and ( b ) remain on board so long as the vessel remains within the waters of Singapore. (3) Any police officer searching a vessel under subsection (2) may seize any evidence found therein of the commission of any offence under the provisions of any written law for the time being in force. (4) Any person resisting or hindering or in any way obstructing any police officer carrying out a search under this section shall be guilty of an offence.


document_id: cltpa-1955
provision_ref: s15
chapter: PART 4 - GENERAL
section: 15
title: Disposal of subversive documents
content:
15. Any subversive document seized under the provisions of this Act shall be destroyed or otherwise disposed of in such manner as the Commissioner of Police may order.


document_id: cltpa-1955
provision_ref: s16
chapter: PART 4 - GENERAL
section: 16
title: Failure to report offences
content:
16. —(1) Any person who, knowing or having reasonable cause to believe that another person is guilty of any offence included for the time being in the Second Schedule, fails to report the same to a police officer at the earliest possible opportunity shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years. (2) Where any person is charged with an offence under subsection (1), the burden of proving that there was no opportunity of making a report to a police officer, or that such a report was, in fact, made by him at the earliest possible opportunity, shall lie on the accused. (3) Subsection (1) shall not apply to communications made by a client to an advocate and solicitor which are protected from disclosure under section 128 of the Evidence Act 1893.


document_id: cltpa-1955
provision_ref: s17
chapter: PART 4 - GENERAL
section: 17
title: Attempt to commit offences and assisting offenders
content:
17. —(1) Without prejudice to the operation of Chapter 5 and Chapter 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 Act, shall be deemed to be guilty of that offence. (2) No person, knowing or having reasonable cause to believe that another person has committed an offence under this Act, 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: cltpa-1955
provision_ref: s18
chapter: PART 4 - GENERAL
section: 18
title: Offences arrestable and non-bailable
content:
18. Every offence under this Act, other than an offence under section 9, shall be arrestable and non-bailable for the purposes of the Criminal Procedure Code 2010.


document_id: cltpa-1955
provision_ref: s19
chapter: PART 4 - GENERAL
section: 19
title: Offences by companies, etc.
content:
19. Where a person committing an offence under this Act is a company or other body corporate or any association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of that offence.


document_id: cltpa-1955
provision_ref: s20
chapter: PART 4 - GENERAL
section: 20
title: Penalties
content:
20. If any person contravenes or fails to comply with any of the provisions of this Act, or any order or rule made under any of those provisions, or any direction given or requirement imposed under any of those provisions, or abets such contravention or failure, he shall be guilty of an offence and, subject to any special provisions in this Act, 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.


document_id: cltpa-1955
provision_ref: s21
chapter: PART 4 - GENERAL
section: 21
title: Jurisdiction of District Courts
content:
21. 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 and to impose therefor a fine not exceeding $5,000 or imprisonment for a term not exceeding 5 years or both. [40/2019]


document_id: cltpa-1955
provision_ref: s22
chapter: PART 4 - GENERAL
section: 22
title: Admission of statements in evidence
content:
22. —(1) Where any person is charged with any offence under this Act, 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 the person is charged and whether in the course of a police investigation or not, by that person to or in the hearing of any police officer of or above the rank of sergeant shall, notwithstanding anything to the contrary contained 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. (2) No statement referred to in subsection (1) shall be admissible or so used 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.


document_id: cltpa-1955
provision_ref: s23
chapter: PART 4 - GENERAL
section: 23
title: Trials may be in private
content:
23. Notwithstanding anything to the contrary in any written law, a court may order that the whole or any part of any trial before it for any offence under this Act shall be dealt with in private if it is satisfied that it is expedient in the interests of justice or of public safety or security to do so. [Act 25 of 2021 wef 01/04/2022]


document_id: cltpa-1955
provision_ref: s24
chapter: PART 4 - GENERAL
section: 24
title: Power to prohibit publication of witnesses’ names, etc.
content:
24. —(1) A court may at any time order that no person shall publish the name, address or photograph of any witness in any case tried or about to be tried before it for an offence under this Act, or any evidence or any other thing likely to lead to the identification of any such witness. (2) Any person who acts in contravention of any order made under subsection (1) shall be guilty of an offence.


document_id: cltpa-1955
provision_ref: s25
chapter: PART 4 - GENERAL
section: 25
title: Disposal of articles in possession of authorities
content:
25. —(1) The provisions of the Criminal Procedure Code 2010 relating to the disposal of property the subject of offences shall apply to any article coming into the possession of an authority which the authority has reasonable ground for believing to be evidence of the commission of an offence under this Act, as they apply to property coming into the possession of the police, and in relation to any such article, shall have effect as if any reference therein to a police officer included a reference to an authority. (2) For the purposes of this section, “authority” includes any public officer and any other person whomsoever having functions in connection with the operation of this Act. (3) Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in the law apart from this section.


document_id: cltpa-1955
provision_ref: s26
chapter: PART 4 - GENERAL
section: 26
title: Publicity of orders
content:
26. —(1) When any order or declaration is made or direction given under the provisions of this Act, the authority making the order or declaration or giving the direction shall cause notice of the effect of it 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. (2) Any order or declaration made or direction given under subsection (1) shall have effect as soon as notice under that subsection has been given, without publication in the Gazette .


document_id: cltpa-1955
provision_ref: s27
chapter: PART 4 - GENERAL
section: 27
title: Interpretation of sections 27A, 27B and 27C
content:
27. —(1) In sections 27A, 27B and 27C — “appropriate consent” means — ( a ) for a person 16 years of age and above, the written consent of that person; ( b ) for a person 14 years of age and above but below 16 years of age, the written consent of both that person and of his parent or guardian; and ( c ) for a person below 14 years of age, the written consent of his parent or guardian, given to a police officer or officer of the Central Narcotics Bureau in charge of the case after that officer has informed the person concerned, his 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; “authorised analyst” means a person appointed by the Commissioner of Police to be an analyst; “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] “other particulars”, in relation to a person, means any particulars, information or description of that person, other than his registrable particulars, 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; “registrable particulars” means the particulars of any detention or supervision order made under section 30(1), 32 or 38 and any name, description, photograph or finger impression of, or document relating to, any person so detained or placed under supervision, as the case may be. [32/2004; 22/2007; 12/2018] (2) Subject to subsection (3), the Minister may prescribe additional types of body samples that may be taken under section 27A. [32/2004] (3) The additional types of body samples that may be prescribed under subsection (2) shall 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 breasts of a woman. [32/2004]


document_id: cltpa-1955
provision_ref: s27A
chapter: PART 4 - GENERAL
section: 27A
title:
Taking of photographs, finger impressions, body samples, etc., from person arrested, detained or subject to police supervision

content:
27A. —(1) A police officer or officer of the Central Narcotics Bureau may exercise all or any of the following powers in respect of any person referred to 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 registrable particulars and any other particulars of such person; ( c ) cause body samples of such person to be taken by a person authorised under section 27B(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. [32/2004] (2) The powers referred to in subsection (1) may be exercised in respect of any of the following persons: ( a ) a person who, on 21 October 2004, is under arrest and detained under section 44 or 45; ( b ) a person who, on 21 October 2004, is under detention or subject to supervision under section 30(1), 32 or 38; ( c ) a person who, on or after 21 October 2004, is arrested, detained or placed under police supervision under any of the provisions of this Act. [32/2004; 12/2018] (3) Every person mentioned in subsection (2) shall — ( a ) submit to the taking of his photographs and finger impressions under subsection (1); ( b ) provide such registrable particulars and other particulars as may be required under subsection (1); and ( c ) subject to subsection (5), submit to the taking of his body samples by a person authorised under section 27B(1). [32/2004] (4) Where any person mentioned in subsection (2) fails, without reasonable excuse, 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 ) a police officer or officer of the Central Narcotics Bureau 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. [32/2004] (5) No — ( a ) sample of blood; or ( b ) invasive sample, which may be prescribed under section 27(2), shall be taken from any person unless the appropriate consent is given for the taking of the sample. [32/2004] [Act 26 of 2022 wef 12/06/2023] (6) All photographs, finger impressions and particulars of a person taken before 21 October 2004 under section 27 or 37 in force before that date shall be deemed to have been taken under this section. [32/2004]


document_id: cltpa-1955
provision_ref: s27B
chapter: PART 4 - GENERAL
section: 27B
title: Further provisions for taking of body samples
content:
27B. —(1) For the purposes of section 27A(1)( c ), a body sample may only be taken by — ( a ) a registered medical practitioner; ( b ) a police officer or officer of the Central Narcotics 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. [32/2004] (2) Before taking any body sample, the person authorised by subsection (1) to take the sample must satisfy himself that the taking of the sample does not endanger the person from whom the sample is to be taken. [32/2004] (3) The fact that a body sample has been taken for the purposes of section 27A shall be recorded by the person who took the sample in such form or manner as may be required by the Commissioner of Police. [32/2004] (4) Every body sample taken for the purposes of section 27A shall be sent to an authorised analyst for forensic DNA analysis. [32/2004]


document_id: cltpa-1955
provision_ref: s27C
chapter: PART 4 - GENERAL
section: 27C
title: Retention of photographs, finger impressions, particulars and body samples taken
content:
27C. —(1) The Commissioner of Police shall cause to be maintained — ( a ) a register (whether in a computerised form or otherwise) in which shall be stored all photographs, finger impressions, registrable particulars and other particulars of a person taken or deemed to be taken under section 27A; and ( b ) a DNA database (whether in a computerised form or otherwise) in which shall be stored all DNA information derived from a body sample taken from a person under section 27A. [32/2004] (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 officer of the Central Narcotics 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 26D of the Intoxicating Substances Act 1987; 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. [32/2004; 2/2006] (3) Where any photograph, finger impression, record of particulars or body sample has been taken under section 27A from an arrested person and that person is subsequently released, without being — ( a ) convicted of any offence under this Act; or ( b ) placed on detention or supervision under this Act, the Commissioner of Police shall cause all such photographs, finger impressions, records of particulars and body samples taken from that person to be removed from the register and DNA database maintained under subsection (1). [32/2004] (4) For the purposes of subsection (2)( d ) — ( a ) any photograph, finger impression, registrable particulars or other 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), shall, 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, be admissible in evidence in any proceedings, without proof of signature; and, until the contrary is proved, shall be proof of all matters contained therein or appearing thereon. [32/2004; 2/2006]


document_id: cltpa-1955
provision_ref: s29
chapter: PART 4 - GENERAL
section: 29
title: Effect of this Act
content:
29. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other written law and, in the event of conflict between any provision of this Act and any provision of any other written law, the provisions of this Act shall prevail.


document_id: cltpa-1955
provision_ref: s30
chapter: PART 5 - DETENTION
section: 30
title: Power of Minister to make orders
content:
30. —(1) Whenever the Minister is satisfied with respect to any person, whether the person is at large or in custody, that the person has been associated with activities of a criminal nature, the Minister may, with the consent of the Public Prosecutor — ( a ) if he is satisfied that it is necessary that the person be detained in the interests of public safety, peace and good order, by order under his hand direct that the person be detained for any period not exceeding 12 months from the date of the order; or ( b ) if he is satisfied that it is necessary that the person be subject to the supervision of the police, by order direct that the person be subject to the supervision of the police for any period not exceeding 3 years from the date of the order. [12/2018] (2) Every decision of the Minister on a matter in subsection (1) is final. [12/2018] (3) In this section, “activities of a criminal nature” means any activity specified in the Fourth Schedule. [12/2018]


document_id: cltpa-1955
provision_ref: s31
chapter: PART 5 - DETENTION
section: 31
title: Orders to be referred to advisory committee and subject to confirmation by President
content:
31. —(1) Every order made by the Minister under section 30(1) shall, together with a written statement of the grounds upon which the Minister made the order, be referred by the Minister to an advisory committee constituted as provided in section 39, within 28 days of the making of the order. [12/2018] (2) The advisory committee shall submit to the President a written report on the making of the order and may make therein such recommendations as it shall think fit. (3) The President shall consider the report and may cancel or confirm the order and in confirming the order may make thereto such variations as he thinks fit.


document_id: cltpa-1955
provision_ref: s32
chapter: PART 5 - DETENTION
section: 32
title: Power to substitute order for police supervision
content:
32. —(1) At any time after an order of detention in respect of a person has been made under section 30(1) or confirmed under section 31(3) or after the expiry of the validity of the order, the Minister may by order direct that the person be subject to the supervision of the police for any period not exceeding 3 years from the date of the order and thereupon any detention order made or confirmed in respect of that person shall be deemed to be cancelled and that person if under detention shall be released. [12/2018] (2) Section 31 shall apply to any order made by the Minister under subsection (1) as it applies to an order made by the Minister under section 30(1). [12/2018]


document_id: cltpa-1955
provision_ref: s33
chapter: PART 5 - DETENTION
section: 33
title: Obligations on person subject to supervision
content:
33. —(1) The Minister may, by order in writing served on a person directed to be subject to the supervision of the police under section 30(1) or 32 (called in this Act a person subject to supervision), direct the person to comply with all or any of the obligations prescribed by rules made under section 49 for the purposes of this section. [12/2018] (2) The Minister may, from time to time, by order in writing served on the person subject to supervision — ( a ) cancel any of the obligations imposed on that person by an order under subsection (1) or this subsection; or ( b ) direct that person to comply with any obligation prescribed by rules made under section 49 for the purposes of this section. [12/2018] (3) A person subject to supervision who contravenes or fails to comply with any obligation imposed on that person by an order under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term of not less than one year and not more than 3 years. [12/2018] (4) A person subject to supervision is not required to comply with any obligation imposed on that person by an order under subsection (1) or (2) — ( a ) while that person is imprisoned or otherwise in custody, or detained, under any other written law; or ( b ) if, and only to the extent that, the obligation is inconsistent with any order or direction made by a court in respect of that person, such as an order or a direction to attend any court proceeding despite the obligation. [12/2018] 34. [ Repealed by Act 12 of 2018 ]


document_id: cltpa-1955
provision_ref: s35
chapter: PART 5 - DETENTION
section: 35
title: Double penalties for crimes of violence
content:
35. Any person subject to supervision who is convicted of an offence, committed after the date of the order directing him to be subject to supervision, under the provisions of any law specified in the Third Schedule shall, notwithstanding any other written law to the contrary, be liable to imprisonment for a term twice as long as the maximum term for which he would otherwise have been liable on conviction for that offence, and also to caning. [12/2018] 36. [ Repealed by Act 12 of 2018 ] 37. [ Repealed by Act 32 of 2004 ]


document_id: cltpa-1955
provision_ref: s38
chapter: PART 5 - DETENTION
section: 38
title: Extension of orders
content:
38. —(1) The President may, from time to time, extend the validity of any order of detention confirmed under section 31(3) for periods not exceeding 12 months at any one time and may at any time refer any such order for further consideration by an advisory committee. (2) The President may, from time to time, extend the period for which a person is directed to be under the supervision of the police by any order confirmed under section 31(3) and may at any time refer any such order for further consideration by an advisory committee.


document_id: cltpa-1955
provision_ref: s38A
chapter: PART 5 - DETENTION
section: 38A
title: Revocation of orders
content:
38A. The Minister may, at any time, revoke an order made under section 30(1) or 32, whether or not the order has been confirmed under section 31(3) or extended under section 38. [12/2018]


document_id: cltpa-1955
provision_ref: s39
chapter: PART 5 - DETENTION
section: 39
title: Constitution of advisory committees
content:
39. For the purposes of this Act, the Minister may from time to time appoint one or more advisory committees each consisting of not less than 2 persons.


document_id: cltpa-1955
provision_ref: s40
chapter: PART 5 - DETENTION
section: 40
title: Powers and procedure of advisory committees
content:
40. —(1) Every advisory committee shall for the purposes of this Act 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. (2) Every member of an advisory committee 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 Act the like protection and privileges as are by law given to a Judge in the execution of his office. (3) Every advisory committee shall have regard to the requirements of public safety, the protection of individuals and the safeguarding of sources of information and subject to the provisions of this Act and any rules made under section 49 may regulate its own procedure.


document_id: cltpa-1955
provision_ref: s41
chapter: PART 5 - DETENTION
section: 41
title: Disclosure of information
content:
41. Nothing in this Act or in any rules made under section 49 shall require the Minister or any other public servant to disclose facts which he considers it to be against the public interest to disclose.


document_id: cltpa-1955
provision_ref: s42
chapter: PART 5 - DETENTION
section: 42
title: Manner of detention and powers to order removal
content:
42. —(1) Every person detained in pursuance of an order made under section 30(1) shall be detained in such place as the Minister may direct and in accordance with instructions issued by the Minister. [12/2018] (2) The Minister may by order direct the removal from any place of detention to another place of detention to be specified in the order of any person detained in pursuance of an order made under section 30(1). [12/2018] (3) On proof to his satisfaction that the presence at any place of any person detained in pursuance of an order made under section 30(1) 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 person detained, the Minister may order that the person be taken to that place. [12/2018] (4) Any person in the course of removal under subsection (2) or in the course of being taken to any place in pursuance of subsection (3) and when so removed or while at that 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: cltpa-1955
provision_ref: s43
chapter: PART 5 - DETENTION
section: 43
title: Temporary release of detainees to engage in employment
content:
43. —(1) The Minister may, from time to time, on the recommendation of an advisory committee appointed for the purposes of this section, direct that a detainee shall be released from day to day to engage in such employment (including self‑employment) as the Minister may specify. (2) Any direction made under subsection (1) shall have effect for a period to be fixed by the Minister and may be subject to such conditions and restrictions as may be imposed by the Minister. (3) The Minister may at any time revoke any direction made under subsection (1). (4) The Minister may, subject to such conditions and restrictions as he thinks fit, grant leave to a detainee in respect of whom a direction has been made under subsection (1) to spend his leave at such place as the Minister may specify. (5) The Minister may at any time revoke any leave granted to a detainee under subsection (4). (6) Where any direction made under subsection (1) is in force in respect of a detainee or any leave is granted under subsection (4) to a detainee, the superintendent of the place of detention shall release the detainee at such times and for such periods as are necessary to give effect to the direction or grant of leave. (7) If any detainee in respect of whom a direction has been made under subsection (1) or leave has been granted under subsection (4) remains at large without lawful excuse or fails to return to his place of detention after the direction or leave has been revoked, he shall be deemed to be unlawfully at large and to have escaped from lawful custody. (8) Every person released under this section shall continue to be in the legal custody of the superintendent of the place of detention from which he is released during every period for which he is so released. (9) For the purposes of this section, “detainee” means any person who is detained in pursuance of an order made under section 30(1). [12/2018]


document_id: cltpa-1955
provision_ref: s44
chapter: PART 5 - DETENTION
section: 44
title: Power to detain suspected persons
content:
44. —(1) Any police officer may, without warrant, arrest and detain pending enquiries any person in respect of whom he has reason to believe there are grounds which would justify the detention of the person under section 30(1). [12/2018] (2) 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 or for a period of 48 hours in all. (3) 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 he may authorise the further detention of the person for an additional period not exceeding 14 days and shall on giving such authorisation forthwith report the circumstances to the Commissioner of Police. (4) 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: cltpa-1955
provision_ref: s45
chapter: PART 5 - DETENTION
section: 45
title: Duty to arrest persons ordered to be detained
content:
45. —(1) Any police officer may, without warrant, arrest any person found at large in respect of whom there is in existence a detention order made by the Minister under section 30(1) and shall forthwith report the arrest to the Commissioner of Police. [12/2018] (2) Any person arrested under subsection (1) shall be deemed to be in lawful custody and may be detained for a period not exceeding 48 hours in any prison or in any police station pending the issuing of instructions by the Minister for his further detention.


document_id: cltpa-1955
provision_ref: s46
chapter: PART 5 - DETENTION
section: 46
title: Power to enter and search
content:
46. Notwithstanding anything to the contrary in any written law, it shall be lawful for any police officer of or above the rank of assistant superintendent, or a police officer of any rank specially authorised by a police officer of or above the rank of assistant superintendent, in order to effect the arrest of any person in pursuance of the provisions of this Part, to enter and search any place and in order to effect an entrance into that place to break open any outer or inner door or window of that place if he cannot otherwise obtain admittance thereto.


document_id: cltpa-1955
provision_ref: s47
chapter: PART 5 - DETENTION
section: 47
title:
Officers of Central Narcotics Bureau to exercise powers conferred on police officers under sections 44, 45 and 46, etc.

content:
47. —(1) Subject to this section, the powers conferred upon a police officer under sections 44, 45 and 46 may be exercised by an officer of the Central Narcotics Bureau. [12/2018] (2) The powers conferred upon a police officer of or above the rank of assistant superintendent under sections 44(2) and 46 may be exercised by the Director, a Deputy Director or a Divisional Director of the Central Narcotics Bureau. [2/2006; 12/2018] (3) The power conferred upon an officer of or above the rank of superintendent of police under section 44(3) may be exercised by the Director or a Deputy Director of the Central Narcotics Bureau. [2/2006] (4) Subject to subsection (5), where the power conferred upon an officer of or above the rank of superintendent of police under section 44(3), or the power conferred upon a police officer under section 45(1), is exercised by an officer of the Central Narcotics Bureau in accordance with this section, the duty to report to the Commissioner of Police under those sections shall be read as a duty to report in a similar manner to the Director of the Central Narcotics Bureau. (5) The duty to report to the Director of the Central Narcotics Bureau referred to in subsection (4) shall not apply where the power under section 44(3) or 45(1) was exercised by the Director of the Central Narcotics Bureau himself. (6) In any case relating to the commission of an offence under section 33(3), an officer of the Central Narcotics Bureau — ( a ) has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence; and ( b ) for the purposes of exercising such powers, is deemed to be a police officer not below the rank of inspector of police. [12/2018] (7) In this section — “Director”, “Deputy Director” and “Divisional Director”, in relation to the Central Narcotics Bureau, mean the Director, a Deputy Director and a Divisional Director, respectively, of the Central Narcotics Bureau appointed under section 3 of the Misuse of Drugs Act 1973; “officer of the Central Narcotics Bureau” means the Director, a Deputy Director, a Divisional Director or any other officer of the Central Narcotics Bureau appointed under section 3 of the Misuse of Drugs Act 1973. [12/2018]


document_id: cltpa-1955
provision_ref: s48
chapter: PART 5 - DETENTION
section: 48
title: Powers of Public Prosecutor
content:
48. Nothing in this Act derogates from the powers of the Public Prosecutor with regard to the control and direction of criminal prosecutions.


document_id: cltpa-1955
provision_ref: s49
chapter: PART 5 - DETENTION
section: 49
title: Rules
content:
49. —(1) The Minister may make rules for the purpose of carrying into effect all or any of the provisions of this Part. (2) Without prejudice to the generality of the powers conferred by subsection (1), such rules may provide for — ( a ) the issue by the Commissioner of National Registration appointed under the National Registration Act 1965 of special identity cards to all or any class of persons subject to supervision; ( b ) the form, custody, production, inspection, cancellation, alteration, endorsement on and replacement of those cards and the substitution thereof for identity cards issued to those persons under any written law; and ( c ) all other matters necessary or desirable in connection with those cards or the carrying thereof or the enforcement of those rules, including the prescription of penalties not exceeding in respect of any offence a fine of $5,000 or imprisonment for a term of 3 years or both. [12/2018]


document_id: cma-1959
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “goods” includes all materials, commodities and articles for the time being specified in the First or Second Schedule; “manufacture” means — ( a ) the making of any goods or part of any goods; ( b ) the altering, ornamenting, finishing, cleaning or washing or the breaking up or the assembling or processing in any form of any goods; or ( c ) the adapting for sale of any goods, in which machinery operated by mechanical power is used; “registered manufacturer” means, in respect of the goods for the manufacture of which he is so registered, a person registered under section 3; “Registrar” means the Registrar of Manufacturers appointed under section 4.


document_id: cma-1959
provision_ref: s3
section: 3
title: Manufacture of goods prohibited except on registration
content:
3. Subject to the provisions of this Act, no person shall engage in the manufacture for sale or other commercial purpose of any goods unless he is registered under the provisions of this Act in respect of that manufacture.


document_id: cma-1959
provision_ref: s4
section: 4
title: Appointment of Registrar
content:
4. —(1) For the purposes of this Act, the Minister may, by name or office, appoint a Registrar of Manufacturers and such Deputy and Assistant Registrars of Manufacturers and such other officers as he may consider necessary. (2) The Minister may authorise any Deputy or Assistant Registrar of Manufacturers to exercise and perform all or any of the powers and duties conferred and imposed on the Registrar. [Act 5 of 2025 wef 09/03/2025] (3) An appointment under subsection (1), and any authorisation under subsection (2), must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: cma-1959
provision_ref: s5
section: 5
title: Registration
content:
5. —(1) Every application for registration under section 3 shall be made in the prescribed form and shall be accompanied by such information as may be required by any rules made under this Act. (2) The Registrar may in his discretion register or refuse to register any person applying for registration in respect of any goods or class of goods and at the time of registering any person may impose such conditions as he thinks fit. (3) Where any person satisfies the Minister that immediately before the specification of any particular goods or class of goods in the First Schedule he — ( a ) was engaged in the manufacture in Singapore of those goods or class of goods; or ( b ) had bona fide made substantial preparations for, or incurred expense with a view to, the manufacture in Singapore of those goods or class of goods, an application by that person for registration in respect of those goods or class of goods within 6 months of the specification shall not be refused, and no condition may be imposed in respect thereof. (4) Any person aggrieved by the imposition of any condition by the Registrar, or by the refusal of the Registrar to register any person, may appeal in writing to the Minister whose decision shall be final. (5) Every application for registration shall be accompanied by such fee as may be prescribed. (6) Registration shall not be transferable from one person to another without the written consent of the Minister, which consent shall not be withheld in respect of any registration to which subsection (3) applies.


document_id: cma-1959
provision_ref: s6
section: 6
title: Revocation of registration
content:
6. —(1) Where it appears to the Registrar that — ( a ) any registration was effected as a result of a misrepresentation of facts; ( b ) any condition of registration has been contravened by a registered manufacturer; or ( c ) a registered manufacturer has for a continuous period of not less than 3 months ceased to manufacture goods in respect of which he has been registered, the Registrar may, after notice to the registered manufacturer and after such inquiry as he thinks fit, revoke the registration. (2) The Registrar shall within 7 days of revoking any registration inform the registered manufacturer in writing of the revocation and the grounds for the revocation and inform him of his right to appeal to the General Division of the High Court. [40/2019] (3) Any person aggrieved by a decision of the Registrar made under subsection (1) may within 14 days of the notification to him of the grounds of the decision appeal to the General Division of the High Court whose decision shall be final. [40/2019] (4) The revocation of any registration under this section shall take effect 21 days after the making of the decision of the Registrar to revoke under subsection (1) or, in the event of an appeal to the General Division of the High Court under subsection (3), on the determination of the appeal. [40/2019] (5) For the purpose of subsection (1)( c ), the Registrar may by notice in writing require a registered manufacturer to manufacture such minimum quantity of goods as the Registrar may determine. (6) A registered manufacturer who fails to comply with any notice under subsection (5) shall be deemed to have ceased to manufacture those goods.


document_id: cma-1959
provision_ref: s7
section: 7
title: Returns and information
content:
7. —(1) The Registrar may by notice in writing call upon any registered manufacturer to furnish before a specified date such information pertaining to the conditions of his registration as the Registrar may require. (2) Nothing in subsection (1) shall be deemed to authorise the Registrar to require a registered manufacturer to disclose any secret process used by him in the manufacture of goods. (3) The information given by a registered manufacturer under subsection (1) shall be treated as confidential and shall not be used, published or disclosed otherwise than for the purposes of this Act without the consent in writing of the registered manufacturer.


document_id: cma-1959
provision_ref: s8
section: 8
title: Offences
content:
8. —(1) Any person who engages in the manufacture for sale or other commercial purposes of any goods specified in the First or Second Schedule without being registered under this Act in respect of those goods shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction. (2) Any registered manufacturer who fails to comply with any condition of registration shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction. (3) Any person who — ( a ) omits or refuses to supply information required by the Registrar under section 7; or ( b ) supplies for the purposes of this Act any information which he knows or has reason to believe to be false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (4) Notwithstanding the provisions of any written law to the contrary, a District Court may award the full punishment for any offence under this Act.


document_id: cma-1959
provision_ref: s9
section: 9
title: Composition of offences
content:
9. The Registrar may, in his discretion, compound any offence under this Act by collecting from a person reasonably suspected of having committed such an offence a sum of money not exceeding $1,000.


document_id: cma-1959
provision_ref: s10
section: 10
title: Powers of entry and inspection
content:
10. Any person duly authorised by the Registrar in writing may, subject to any rules made under this Act, at all times enter into and inspect any premises which are used or to be used, or which that person has reasonable cause to believe to be used, for the purpose of the manufacture of goods.


document_id: cma-1959
provision_ref: s11
section: 11
title: Liability for act of servant
content:
11. Where any person would be liable under the provisions of this Act to any penalty for any act, omission, neglect or default, he shall be liable to the same penalty for every similar act, omission, neglect or default of any agent or servant employed by him in connection with the manufacture of the goods or class of goods in respect of which he is registered under this Act.


document_id: cma-1959
provision_ref: s12
section: 12
title: Imposition of duty
content:
12. —(1) The Minister may, by order, impose an annual duty for the manufacture of goods to be levied on registered manufacturers at such rate as the Minister may determine. (2) The Minister may in an order made under subsection (1) prescribe different rates of duties for different categories of goods. (3) All duties due and payable by a registered manufacturer shall be recoverable as a debt due to the Government.


document_id: cma-1959
provision_ref: s13
section: 13
title: Power to vary First Schedule
content:
13. The Minister may from time to time by order add to, vary or amend the whole or any part of the First Schedule.


document_id: cma-1959
provision_ref: s14
section: 14
title: Power of Minister to exempt and to impose restriction on manufacture of goods
content:
14. —(1) The Minister may exempt any person from any or all of the provisions of this Act. (2) The Minister may, where he considers it in the interest of the public to do so, by order served on the registered manufacturer or published in the Gazette , fix the maximum amount of goods which may, from time to time, be manufactured by any registered manufacturer. (3) Any registered manufacturer who fails to comply with an order made under subsection (2) shall for the purposes of this Act be deemed to have contravened a condition of registration.


document_id: cma-1959
provision_ref: s15
section: 15
title: Compliance with other written law not affected
content:
15. Nothing in this Act shall be deemed to absolve a registered manufacturer from compliance with the requirements of any other written law.


document_id: cma-1959
provision_ref: s16
section: 16
title: Rules
content:
16. The Minister may make rules for the purpose of carrying out the provisions of this Act and, without prejudice to the generality of the foregoing, may make rules for or in respect of all or any of the following matters: ( a ) all matters required by this Act to be prescribed; ( b ) the form of applications for registration, the information to be supplied and the fees payable in connection therewith; ( c ) the maintenance of registers and the particulars to be entered therein; ( d ) the inspection of registers or parts thereof and the disclosure of information by the Registrar.


document_id: cma-1959
provision_ref: s17
section: 17
title: Rules and orders to be presented to Parliament
content:
17. All rules and orders made under section 12, 13 or 16 shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.


document_id: cma-1993
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “computer” means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include — ( a ) an automated typewriter or typesetter; ( b ) a portable hand-held calculator; ( c ) a similar device which is non-programmable or which does not contain any data storage facility; or ( d ) such other device as the Minister may, by notification in the Gazette , prescribe; “computer output” or “output” means a statement or representation (whether in written, printed, pictorial, graphical or other form) purporting to be a statement or representation of fact — ( a ) produced by a computer; or ( b ) accurately translated from a statement or representation so produced; “computer service” includes computer time, data processing and the storage or retrieval of data; “damage” means, except for the purposes of section 17, any impairment to a computer or the integrity or availability of data, a program or system, or information, that — ( a ) causes loss aggregating at least $10,000 in value, or such other amount as the Minister may, by notification in the Gazette , prescribe except that any loss incurred or accrued more than one year after the date of the offence in question must not be taken into account; ( b ) modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment or care of one or more persons; ( c ) causes or threatens physical injury or death to any person; or ( d ) threatens public health or public safety; “data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer; “electromagnetic, acoustic, mechanical or other device” means any device, apparatus or program that is used or is capable of being used to intercept any function of a computer; “function” includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer; “intercept”, in relation to a function of a computer, includes listening to or recording a function of a computer, or acquiring the substance, meaning or purport thereof; “national digital identity service” has the meaning given by paragraph 1(1) of the First Schedule; [Act 16 of 2023 wef 08/02/2024] [Act 21 of 2025 wef 30/12/2025] “program or computer program” means data representing instructions or statements that, when executed in a computer, causes the computer to perform a function; [22/2017] [Act 16 of 2023 wef 08/02/2024] “scam offence” means any offence specified in the Second Schedule; [Act 21 of 2025 wef 30/12/2025] “user”, in relation to the national digital identity service, has the meaning given by paragraph 1(1) of the First Schedule. [Act 16 of 2023 wef 08/02/2024] [Act 21 of 2025 wef 30/12/2025] (2) For the purposes of this Act, a person secures access to any program or data held in a computer if by causing a computer to perform any function the person — ( a ) alters or erases the program or data; ( b ) copies or moves it to any storage medium other than that in which it is held or to a different location in the storage medium in which it is held; ( c ) uses it; or ( d ) causes it to be output from the computer in which it is held (whether by having it displayed or in any other manner), and references to access to a program or data (and to an intent to secure such access) are to be read accordingly. (3) For the purposes of subsection (2)( c ), a person uses a program if the function the person causes the computer to perform — ( a ) causes the program to be executed; or ( b ) is itself a function of the program. (4) For the purposes of subsection (2)( d ), the form in which any program or data is output (and in particular whether or not it represents a form in which, in the case of a program, it is capable of being executed or, in the case of data, it is capable of being processed by a computer) is immaterial. (5) For the purposes of this Act, access of any kind by any person to any program or data held in a computer is unauthorised or done without authority if the person — ( a ) is not himself or herself entitled to control access of the kind in question to the program or data; and ( b ) does not have consent to access by him or her of the kind in question to the program or data from any person who is so entitled. (6) A reference in this Act to any program or data held in a computer includes a reference to any program or data held in any removable storage medium which is for the time being in the computer; and a computer is to be regarded as containing any program or data held in any such medium. (7) For the purposes of this Act, a modification of the contents of any computer takes place if, by the operation of any function of the computer concerned or any other computer — ( a ) any program or data held in the computer concerned is altered or erased; ( b ) any program or data is added to its contents; or ( c ) any act occurs which impairs the normal operation of any computer, and any act which contributes towards causing such a modification is taken as causing it. (8) Any modification mentioned in subsection (7) is unauthorised if the person whose act causes it — ( a ) is not himself or herself entitled to determine whether the modification should be made; and ( b ) does not have consent to the modification from any person who is so entitled. (9) A reference in this Act to a program includes a reference to part of a program.


document_id: cma-1993
provision_ref: s3
chapter: PART 2 - OFFENCES
section: 3
title: Unauthorised access to computer material
content:
3. —(1) Subject to subsection (2), any person who knowingly causes a computer to perform any function for the purpose of securing access without authority to any program or data held in any computer shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. (2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both. (3) For the purposes of this section, it is immaterial that the act in question is not directed at — ( a ) any particular program or data; ( b ) a program or data of any kind; or ( c ) a program or data held in any particular computer.


document_id: cma-1993
provision_ref: s4
chapter: PART 2 - OFFENCES
section: 4
title: Access with intent to commit or facilitate commission of offence
content:
4. —(1) Any person who causes a computer to perform any function for the purpose of securing access to any program or data held in any computer with intent to commit an offence to which this section applies shall be guilty of an offence. (2) This section applies to an offence involving property, fraud, dishonesty or which causes bodily harm and which is punishable on conviction with imprisonment for a term of not less than 2 years. (3) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both. (4) For the purposes of this section, it is immaterial whether — ( a ) the access mentioned in subsection (1) is authorised or unauthorised; ( b ) the offence to which this section applies is committed at the same time when the access is secured or at any other time.


document_id: cma-1993
provision_ref: s5
chapter: PART 2 - OFFENCES
section: 5
title: Unauthorised modification of computer material
content:
5. —(1) Subject to subsection (2), any person who does any act which the person knows will cause an unauthorised modification of the contents of any computer shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both. (2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both. (3) For the purposes of this section, it is immaterial that the act in question is not directed at — ( a ) any particular program or data; ( b ) a program or data of any kind; or ( c ) a program or data held in any particular computer. (4) For the purposes of this section, it is immaterial whether an unauthorised modification is, or is intended to be, permanent or merely temporary.


document_id: cma-1993
provision_ref: s6
chapter: PART 2 - OFFENCES
section: 6
title: Unauthorised use or interception of computer service
content:
6. —(1) Subject to subsection (2), any person who knowingly — ( a ) secures access without authority to any computer for the purpose of obtaining, directly or indirectly, any computer service; ( b ) intercepts or causes to be intercepted without authority, directly or indirectly, any function of a computer by means of an electromagnetic, acoustic, mechanical or other device; or ( c ) uses or causes to be used, directly or indirectly, the computer or any other device for the purpose of committing an offence under paragraph ( a ) or ( b ), shall be guilty of an offence and shall be liable on conviction — ( d ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and ( e ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both. (2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both. (3) For the purposes of this section, it is immaterial that the unauthorised access or interception is not directed at — ( a ) any particular program or data; ( b ) a program or data of any kind; or ( c ) a program or data held in any particular computer.


document_id: cma-1993
provision_ref: s7
chapter: PART 2 - OFFENCES
section: 7
title: Unauthorised obstruction of use of computer
content:
7. —(1) Any person who, knowingly and without authority or lawful excuse — ( a ) interferes with, or interrupts or obstructs the lawful use of, a computer; or ( b ) impedes or prevents access to, or impairs the usefulness or effectiveness of, any program or data stored in a computer, shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and ( d ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both. (2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.


document_id: cma-1993
provision_ref: s8
chapter: PART 2 - OFFENCES
section: 8
title: Unauthorised disclosure of access code
content:
8. —(1) Any person who, knowingly and without authority, discloses any password, access code or any other means of gaining access to any program or data held in any computer shall be guilty of an offence if the person did so — ( a ) for any wrongful gain; ( b ) for any unlawful purpose; or ( c ) knowing that it is likely to cause wrongful loss to any person. (2) Any person guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.


document_id: cma-1993
provision_ref: s8A
chapter: PART 2 - OFFENCES
section: 8A
title: Disclosure of password, access code, etc., in relation to national digital identity service
content:
8A. —(1) Any user of the national digital identity service — ( a ) who discloses any password or access code of the user in relation to the national digital identity service, or provides any other means of securing access in the identity of the user to any program or data held in any computer by way of the national digital identity service; and ( b ) who does so knowing, or having reasonable grounds to believe, that the purpose of the disclosure or provision is for any person to commit, or to facilitate the commission by any person of, any offence under any written law, shall be guilty of an offence and, subject to subsection (5), 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. [Act 21 of 2025 wef 30/12/2025] (2) For the purpose of proving an offence under subsection (1), it is not necessary for the prosecution to prove — ( a ) that the purpose of committing, or facilitating the commission of, an offence was carried out; ( b ) that the user knew, or had reasonable grounds to believe, that the purpose was to commit, or facilitate the commission of, any specific offence; or ( c ) that the disclosure or provision was made to any specific person, if the disclosure or provision was made by the user in a manner that was intended to be accessible or retrievable by another person, whether or not that other person is known to the user. (3) For the purposes of subsection (1)( b ), a user of the national digital identity service who does an act mentioned in subsection (1)( a ) is presumed, until the contrary is proved, to have reasonable grounds to believe that the purpose of the disclosure or provision is for a person to commit, or to facilitate the commission by a person of, an offence under any written law, if — ( a ) the user does the act for any gain — (i) whether or not the gain is a wrongful gain; (ii) whether or not the gain is realised; and (iii) whether the gain is to the user or to another person; ( b ) the user does the act knowing that it is likely to cause wrongful loss to any person; or ( c ) at the time the user does the act, the user fails to take reasonable steps to ascertain the identity and physical location of the person to whom the password, access code or means of securing access is disclosed or provided. (4) It is not an offence under subsection (1) if the user of the national digital identity service had reasonable grounds to believe that the purpose of the disclosure or provision is to use or access the national digital identity service to carry out a transaction in the identity of the user for a lawful purpose. [Act 16 of 2023 wef 08/02/2024] (5) Where an individual is convicted of an offence under subsection (1), the individual shall, in addition to the punishment under that subsection, be liable to caning of not more than 12 strokes — ( a ) if the individual knew that the purpose of the disclosure or provision was for any person to commit, or to facilitate the commission by any person of, any scam offence; or ( b ) if — (i) it is proved, to the satisfaction of the court, that the password, access code, or means of securing access, was used to commit, or to facilitate the commission of, a scam offence; and (ii) the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the password, access code or means of securing access, would not be used to commit, or to facilitate the commission of, a scam offence. [Act 21 of 2025 wef 30/12/2025] (6) For the purposes of subsection (5)( a ), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out. [Act 21 of 2025 wef 30/12/2025] (7) For the purposes of subsection (5)( b )(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence. [Act 21 of 2025 wef 30/12/2025]


document_id: cma-1993
provision_ref: s8B
chapter: PART 2 - OFFENCES
section: 8B
title: Supplying, etc., credential of another person
content:
8B. —(1) A person shall be guilty of an offence if the person — ( a ) obtains or retains any credential of another person in relation to the national digital identity service; or ( b ) supplies, offers to supply, transmits or makes available, by any means, any credential of another person in relation to the national digital identity service. (2) It is not an offence under subsection (1)( a ) if the person obtained or retained the credential of the other person for a purpose that is not any of the following purposes: ( a ) for use in committing, or in facilitating the commission of, any offence under any written law; ( b ) for the supply or transmission of, or making available, by any means, the credential to be used in committing, or in facilitating the commission of, any offence under any written law. (3) It is not an offence under subsection (1)( b ) if — ( a ) the person did the act for a purpose other than for the credential of the other person to be used in committing, or in facilitating the commission of, any offence under any written law; and ( b ) the person did not know or have reason to believe that the credential of the other person will be or is likely to be used to commit, or facilitate the commission of, any offence under any written law. (4) For the purposes of subsection (1)( b ), a person does not transmit or make available any credential of another person in relation to the national digital identity service merely because the person provides, or operates facilities for network access, or provides services relating to, or provides connections for, the transmission or routing of data. (5) Subject to subsections (5A) and (5B), a person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both. [Act 21 of 2025 wef 30/12/2025] (5A) Where an individual is convicted of an offence under subsection (1)( a ), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if the individual obtained or retained the credential — ( a ) for use in committing, or in facilitating the commission of, any scam offence; or ( b ) for the supply or transmission of, or making available, by any means, the credential to be used in committing, or in facilitating the commission of, any scam offence. [Act 21 of 2025 wef 30/12/2025] (5B) Where an individual is convicted of an offence under subsection (1)( b ), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes — ( a ) if the individual knew that the credential will be used to commit, or facilitate the commission of, any scam offence; or ( b ) if — (i) it is proved, to the satisfaction of the court, that the credential was used to commit, or to facilitate the commission of, a scam offence; and (ii) the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the credential would not be used to commit, or to facilitate the commission of, a scam offence. [Act 21 of 2025 wef 30/12/2025] (5C) For the purposes of subsections (5A)( a ) and ( b ) and (5B)( a ), it is not necessary for the prosecution to prove that the credential was used to commit, or to facilitate the commission of, a scam offence. [Act 21 of 2025 wef 30/12/2025] (5D) For the purposes of subsection (5B)( b )(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence. [Act 21 of 2025 wef 30/12/2025] (6) In this section — ( a ) a reference to a credential of another person in relation to the national digital identity service has the meaning given by paragraph 1(2) of the First Schedule; and [Act 21 of 2025 wef 30/12/2025] ( b ) a reference to an offence under any written law includes an offence under subsection (1). [Act 16 of 2023 wef 08/02/2024]


document_id: cma-1993
provision_ref: s9
chapter: PART 2 - OFFENCES
section: 9
title: Supplying, etc., personal information obtained in contravention of certain provisions
content:
9. —(1) A person shall be guilty of an offence if the person, knowing or having reason to believe that any personal information about another person (being an individual) was obtained by an act done in contravention of section 3, 4, 5 or 6 — ( a ) obtains or retains the personal information; or ( b ) supplies, offers to supply, transmits or makes available, by any means the personal information. [22/2017] (2) It is not an offence under subsection (1)( a ) if the person obtained or retained the personal information for a purpose other than — ( a ) for use in committing, or in facilitating the commission of, any offence under any written law; or ( b ) for supply, transmission or making available by any means for the personal information to be used in committing, or in facilitating the commission of, any offence under any written law. [22/2017] (3) It is not an offence under subsection (1)( b ) if — ( a ) the person did the act for a purpose other than for the personal information to be used in committing, or in facilitating the commission of, any offence under any written law; and ( b ) the person did not know or have reason to believe that the personal information will be or is likely to be used to commit, or facilitate the commission of, any offence under any written law. Example 1.— A comes across a list of credit card numbers on the Internet belonging to individuals who are customers of B , which A has reason to believe were obtained by securing access without authority to B ’s server. A downloads the list for the purpose of reporting the unauthorised access to B ’s server to the police. A retains the list of credit card numbers and transmits it to B for the purpose of informing B of the unauthorised access to B ’s server. A has downloaded and retained the list of credit card numbers for purposes other than those mentioned in subsection (2)( a ) and ( b ). Therefore A does not commit an offence under subsection (1)( a ) by reason of subsection (2). A has transmitted the list to B for a purpose other than for it to be used in committing or in facilitating the commission of an offence. If A did not know or have reason to believe that the list so transmitted will be or is likely to be used to commit or facilitate the commission of an offence, then A does not commit an offence under subsection (1)( b ) by reason of subsection (3). Example 2.— C , an employee of B , after receiving the list from A in Example 1, transmits it to D , another employee of B , for the purpose of facilitating B ’s investigation of the unauthorised access of B ’s server. C has transmitted the list to D for a purpose other than for it to be used in committing or in facilitating the commission of an offence. If C did not know or have reason to believe that the list so transmitted will be or is likely to be used to commit or facilitate the commission of an offence, then C does not commit an offence under subsection (1)( b ) by reason of subsection (3). [22/2017] (4) For the purposes of subsection (1)( b ), a person does not transmit or make available personal information merely because the person provides, or operates facilities for network access, or provides services relating to, or provides connections for, the transmission or routing of data. [22/2017] (5) A person guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both. [22/2017] (6) For the purpose of proving under subsection (1) that a person knows or has reason to believe that any personal information was obtained by an act done in contravention of section 3, 4, 5 or 6, it is not necessary for the prosecution to prove the particulars of the contravention, such as who carried out the contravention and when it took place. [22/2017] (7) In this section — ( a ) personal information is any information, whether true or not, about an individual of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including (but not limited to) biometric data, name, address, date of birth, national registration identity card number, passport number, a written, electronic or digital signature, user authentication code, credit card or debit card number, and password; and ( b ) a reference to an offence under any written law includes an offence under subsection (1). [8A [22/2017]


document_id: cma-1993
provision_ref: s10
chapter: PART 2 - OFFENCES
section: 10
title: Obtaining, etc., items for use in certain offences
content:
10. —(1) A person shall be guilty of an offence if the person — ( a ) obtains or retains any item to which this section applies — (i) intending to use it to commit, or facilitate the commission of, an offence under section 3, 4, 5, 6 or 7; or (ii) with a view to it being supplied or made available, by any means for use in committing, or in facilitating the commission of, any of those offences; or ( b ) makes, supplies, offers to supply or makes available, by any means any item to which this section applies, intending it to be used to commit, or facilitate the commission of, an offence under section 3, 4, 5, 6 or 7. [22/2017] (2) This section applies to the following items: ( a ) any device, including a computer program, that is designed or adapted primarily, or is capable of being used, for the purpose of committing an offence under section 3, 4, 5, 6 or 7; ( b ) a password, an access code, or similar data by which the whole or any part of a computer is capable of being accessed. [22/2017] (3) A person guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both. [8B [22/2017]


document_id: cma-1993
provision_ref: s11
chapter: PART 2 - OFFENCES
section: 11
title: Enhanced punishment for offences involving protected computers
content:
11. —(1) Where access to any protected computer is obtained in the course of the commission of an offence under section 3, 5, 6 or 7, a person convicted of the offence shall, in lieu of the punishment prescribed in those sections, be liable to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 20 years or to both. (2) For the purposes of subsection (1), a computer is treated as a “protected computer” if the person committing the offence knew, or ought reasonably to have known, that the computer or program or data is used directly in connection with or necessary for — ( a ) the security, defence or international relations of Singapore; ( b ) the existence or identity of a confidential source of information relating to the enforcement of a criminal law; ( c ) the provision of services directly related to communications infrastructure, banking and financial services, public utilities, public transportation or public key infrastructure; or ( d ) the protection of public safety including systems related to essential emergency services such as police, civil defence and medical services. (3) For the purposes of any prosecution under this section, it is presumed, until the contrary is proved, that the accused has the requisite knowledge referred to in subsection (2) if there is, in respect of the computer, program or data, an electronic or other warning exhibited to the accused stating that unauthorised access to that computer, program or data attracts an enhanced penalty under this section. [9


document_id: cma-1993
provision_ref: s12
chapter: PART 2 - OFFENCES
section: 12
title: Abetments and attempts punishable as offences
content:
12. —(1) Any person who abets the commission of or who attempts to commit or does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall be liable on conviction to the punishment provided for the offence. (2) For an offence to be committed under this section, it is immaterial where the act in question took place. [10


document_id: cma-1993
provision_ref: s13
chapter: PART 3 - MISCELLANEOUS AND GENERAL
section: 13
title: Territorial scope of offences under this Act
content:
13. —(1) Subject to subsection (3), the provisions of this Act have effect, in relation to any person, whatever the person’s nationality or citizenship, outside as well as within Singapore. [22/2017] (2) Where an offence under this Act is committed by any person in any place outside Singapore, the person may be dealt with as if the offence had been committed within Singapore. (3) For the purposes of this section, this Act applies if — ( a ) for the offence in question, the accused was in Singapore at the material time; ( b ) for the offence in question (being one under section 3, 4, 5, 6, 7 or 8), the computer, program or data was in Singapore at the material time; [Act 16 of 2023 wef 08/02/2024] ( c ) the offence causes, or creates a significant risk of, serious harm in Singapore; or [22/2017] [Act 16 of 2023 wef 08/02/2024] ( d ) the offence is one under section 8A(1) or 8B(1). [Act 16 of 2023 wef 08/02/2024] (4) In subsection (3)( c ), “serious harm in Singapore” means — ( a ) illness, injury or death of individuals in Singapore; ( b ) a disruption of, or a serious diminution of public confidence in, the provision of any essential service in Singapore; ( c ) a disruption of, or a serious diminution of public confidence in, the performance of any duty or function of, or the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board; or ( d ) damage to the national security, defence or foreign relations of Singapore. Example 1.— The following are examples of acts that seriously diminish or create a significant risk of seriously diminishing public confidence in the provision of an essential service: ( a ) publication to the public of the medical records of patients of a hospital in Singapore; ( b ) providing to the public access to the account numbers of customers of a bank in Singapore. Example 2.— The following are examples of acts that seriously diminish or create a significant risk of seriously diminishing public confidence in the performance of any duty or function of, or the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board: ( a ) providing to the public access to confidential documents belonging to a ministry of the Government; ( b ) publication to the public of the access codes for a computer belonging to a statutory board. [22/2017; 9/2018] (5) For the purposes of subsection (3)( c ), it is immaterial whether the offence that causes the serious harm in Singapore — ( a ) causes the harm directly; or ( b ) is the only or main cause of the harm. [22/2017] (6) In subsection (4)( b ), “essential service” means any of the following services: ( a ) services directly related to communications infrastructure, banking and finance, public utilities, public transportation, land transport infrastructure, aviation, shipping, or public key infrastructure; ( b ) emergency services such as police, civil defence or health services. [9/2018] (7) In subsection (4)( c ), “statutory board” means a body corporate or unincorporate established by or under any public Act to perform or discharge a public function. [11 [22/2017]


document_id: cma-1993
provision_ref: s14
chapter: PART 3 - MISCELLANEOUS AND GENERAL
section: 14
title: Amalgamation of charges
content:
14. —(1) This section applies when a person is alleged to have committed 2 or more acts — ( a ) each of which is an offence under the same provision in Part 2; ( b ) that involve the same computer; and ( c ) that are committed in a period that does not exceed 12 months. [22/2017] (2) Despite section 124 of the Criminal Procedure Code 2010, it is sufficient for the charge in respect of those acts to specify, without specifying the exact dates the acts are committed — ( a ) particulars of that computer; and ( b ) the dates between which the acts are alleged to have been committed. [22/2017] (3) A charge framed in accordance with subsection (2) is treated as a charge of one offence. [22/2017] (4) If the particulars mentioned in subsection (2)( a ) and ( b ) do not give the accused sufficient notice of what the accused is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose. [11A [22/2017]


document_id: cma-1993
provision_ref: s15
chapter: PART 3 - MISCELLANEOUS AND GENERAL
section: 15
title: Jurisdiction of Courts
content:
15. A District Court or a Magistrate’s Court has jurisdiction to hear and determine all offences under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of any offence under this Act. [12


document_id: cma-1993
provision_ref: s16
chapter: PART 3 - MISCELLANEOUS AND GENERAL
section: 16
title: Composition of offences
content:
16. —(1) The Commissioner of Police or any person authorised by the Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000. (2) The Minister may make regulations to prescribe the offences that may be compounded. [12A


document_id: cma-1993
provision_ref: s17
chapter: PART 3 - MISCELLANEOUS AND GENERAL
section: 17
title: Order for payment of compensation
content:
17. —(1) The court before which a person is convicted of any offence under this Act may make an order against the person for the payment by the person of a sum to be fixed by the court by way of compensation to any other person for any damage caused to the other person’s computer, program or data by the offence for which the sentence is passed. (2) Any claim by a person for damages sustained by reason of the offence is deemed to have been satisfied to the extent of any amount which has been paid to the person under an order for compensation, but the order does not affect any right to a civil remedy for the recovery of damages beyond the amount of compensation paid under the order. (3) An order of compensation under this section is recoverable as a civil debt. [13


document_id: cma-1993
provision_ref: s18
chapter: PART 3 - MISCELLANEOUS AND GENERAL
section: 18
title: Saving for investigations by police and law enforcement officers
content:
18. Nothing in this Act prohibits a police officer, an authorised person within the meaning of section 39 of the Criminal Procedure Code 2010 or any other duly authorised law enforcement officer from lawfully conducting investigations pursuant to the powers conferred on him or her under any written law. [14 [15/2010]


document_id: cma-1993
provision_ref: s19
chapter: PART 3 - MISCELLANEOUS AND GENERAL
section: 19
title: Arrest by police without warrant
content:
19. Any police officer may arrest without warrant any person reasonably suspected of committing an offence under this Act. [16


document_id: cma-1993
provision_ref: s20
chapter: PART 3 - MISCELLANEOUS AND GENERAL
section: 20
title: Amendment of Schedules
content:
20. The Minister may, by order in the Gazette , amend the First and Second Schedules. [Act 16 of 2023 wef 08/02/2024] [Act 21 of 2025 wef 30/12/2025]


document_id: cmca-1997
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Community Mediation Centre” means a Community Mediation Centre established under section 3; “Director” means a person holding office or duly acting as Director of a Community Mediation Centre; “functions” includes powers, authorities and duties; “mediation” includes — ( a ) the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; ( b ) the bringing together of the parties to any dispute for that purpose, either at the request of one of the parties to the dispute or on the initiative of a Director; and ( c ) the follow-up of any matter that is the subject of any such discussion or settlement; “mediation session” means a meeting in accordance with this Act between 2 or more parties who are in dispute on any matter; “mediator”, in relation to a Community Mediation Centre, means — ( a ) the Director of the Centre; or ( b ) any person for the time being appointed under section 8 as a mediator for the Centre. (2) A reference in this Act to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (3) A reference in this Act to the parties to a mediation session includes a reference to the parties to a dispute in respect of which an application for a mediation session is duly made, but does not include a reference to the mediator conducting the mediation session. (4) A reference in this Act to the conduct of a mediation session by a mediator includes a reference to the conduct of a mediation session in the presence, or under the supervision, of the mediator.


document_id: cmca-1997
provision_ref: s3
chapter: PART 2 - COMMUNITY MEDIATION CENTRES
section: 3
title: Establishment of Community Mediation Centres
content:
3. Community Mediation Centres are established at any premises that the Minister may, by order in the Gazette , determine and must be operated in accordance with this Act for the purpose of providing mediation services.


document_id: cmca-1997
provision_ref: s4
chapter: PART 2 - COMMUNITY MEDIATION CENTRES
section: 4
title: Directors
content:
4. The Minister must appoint a Director for each Community Mediation Centre and the same person may be the Director for more than one Community Mediation Centre.


document_id: cmca-1997
provision_ref: s5
chapter: PART 2 - COMMUNITY MEDIATION CENTRES
section: 5
title: Delegation by Director
content:
5. —(1) The Director of a Community Mediation Centre may authorise any member of the staff, employee or officer of the Centre to exercise such of the Director’s functions (except for this power of authorisation) as the Director thinks fit, and the Director may revoke wholly or in part any such authorisation. (2) A function which is authorised to be exercised under this section may, while the authorisation remains unrevoked, be exercised from time to time in accordance with the terms of the authorisation. (3) An authorisation under this section may be made subject to conditions or limitations. (4) Despite any authorisation under this section, the Director may continue to exercise all or any of the functions to which the authorisation relates. (5) Any act or thing done in the exercise of a function by a person authorised under this section to exercise the function has the same force and effect as if done by the Director.


document_id: cmca-1997
provision_ref: s6
chapter: PART 2 - COMMUNITY MEDIATION CENTRES
section: 6
title: Place of operation of Community Mediation Centres
content:
6. —(1) The principal office of a Community Mediation Centre must be at the premises specified in relation to the Centre in the order under section 3. (2) The activities of a Community Mediation Centre may be conducted at its principal office or at any other places that its Director may approve from time to time.


document_id: cmca-1997
provision_ref: s7
chapter: PART 2 - COMMUNITY MEDIATION CENTRES
section: 7
title: Records
content:
7. —(1) The Director of a Community Mediation Centre must ensure that such records relating to the activities of the Centre are made and kept as are necessary or appropriate to enable a proper evaluation of Community Mediation Centres under section 16 to be made. (2) The records of a Community Mediation Centre relating to any dispute before a mediator in the Centre must be kept for a period of 3 years after the date the dispute is settled before the mediator, or the date of withdrawal from or termination of the mediation, as the case may be.


document_id: cmca-1997
provision_ref: s8
chapter: PART 2 - COMMUNITY MEDIATION CENTRES
section: 8
title: Mediators
content:
8. —(1) The Minister may, on the recommendation of the Director of a Community Mediation Centre, appoint any person (other than the Director) as a mediator for the Centre and may revoke the appointment. (2) A mediator appointed under subsection (1) is entitled to be paid such remuneration as the Minister may determine and must abide by the terms of any Code of Conduct as the Minister may approve.


document_id: cmca-1997
provision_ref: s9
chapter: PART 3 - MEDIATION
section: 9
title: Provision of mediation services
content:
9. —(1) The Director of a Community Mediation Centre is responsible for the provision of mediation services and for the operation and management of the Centre. (2) Each mediation session must be conducted by one or more mediators assigned for the purpose by the Director. (3) Subject to sections 15, 15A and 15B and the Community Disputes Resolution Act 2015, a dispute must not be accepted for mediation except with the consent of the Director of a Community Mediation Centre who may decline to consent to the acceptance of any dispute for mediation under this Act at the Centre. [7/2015; 33/2018] [Act 43 of 2024 wef 24/03/2025] (4) A mediation session may be terminated at any time by the mediator or by the Director.


document_id: cmca-1997
provision_ref: s10
chapter: PART 3 - MEDIATION
section: 10
title: Conduct of mediation sessions
content:
10. —(1) The procedure for starting and conducting a mediation session at a Community Mediation Centre is to be determined by its Director. (2) Mediation sessions must be conducted with as little formality and technicality, and with as much expedition, as possible. (3) The rules of evidence do not apply to mediation sessions. (4) A dispute may not be adjudicated or arbitrated upon at a mediation session. (5) A mediation session must be conducted in the absence of the public, but persons who are not parties to a mediation session may, with the permission of the Director and the parties, be present at or participate in a mediation session.


document_id: cmca-1997
provision_ref: s11
chapter: PART 3 - MEDIATION
section: 11
title: Disputes
content:
11. —(1) Subject to sections 9(3), 15 and 15A and the Community Disputes Resolution Act 2015, any person may refer to a mediator of a Community Mediation Centre for mediation a case concerning a family, social or community dispute that does not involve a seizable offence under any written law. [7/2015; 33/2018] (2) A mediation session may be started or continued whether or not the dispute is justiciable before any court, tribunal or body and whether or not the dispute is the subject of any legal proceedings. (3) For the purposes of this Act, persons may be treated as being in dispute on any matter if they are not in agreement on the matter (whether or not any relevant negotiations are still in progress).


document_id: cmca-1997
provision_ref: s12
chapter: PART 3 - MEDIATION
section: 12
title: Mediation to be voluntary
content:
12. —(1) Attendance at and participation in a mediation session is voluntary. (2) A party to a mediation session may withdraw from the mediation session at any time. (2A) Subsections (1) and (2) do not apply to a mediation session that takes place because of a referral under any of the following provisions: ( a ) section 15; ( b ) section 13M or 30 of the Community Disputes Resolution Act 2015; ( c ) section 18A of the Small Claims Tribunals Act 1984. [Act 43 of 2024 wef 24/03/2025] (3) Attendance at, participation in or withdrawal from, a mediation session conducted under this Act does not affect any rights or remedies that a party to a dispute has apart from this Act.


document_id: cmca-1997
provision_ref: s13
chapter: PART 3 - MEDIATION
section: 13
title: Settlement or agreement to be reduced to writing
content:
13. —(1) The terms of any settlement or agreement reached at, or drawn up pursuant to, a mediation session must, if the mediator thinks fit, be reduced to writing and signed by or on behalf of the parties to the mediation session. (2) No settlement or agreement is binding on the parties to a mediation session unless it has been reduced to writing with a statement signed by or on behalf of the parties to this effect.


document_id: cmca-1997
provision_ref: s14
chapter: PART 3 - MEDIATION
section: 14
title: Representation by agent
content:
14. —(1) A party to a mediation session is not entitled to be represented by an agent unless — ( a ) it appears to the Director that — (i) an agent should be permitted to facilitate mediation; and (ii) the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and ( b ) the Director so approves. (1A) Despite subsection (1), in the case of a mediation mentioned in section 12(2A), the Director must not approve the representation of a party by an agent unless — ( a ) the party authorises the agent in writing to represent the party at the mediation session and to agree on the party’s behalf to the terms of any settlement or agreement reached at, or drawn up under, the mediation session; and ( b ) the agent signifies in writing that he or she is willing to represent the party at the mediation session. [Act 43 of 2024 wef 24/03/2025] (2) Subsection (1) does not prevent — ( a ) where a body corporate is a party to a mediation session — an officer of the body corporate; ( b ) where a corporation that is a body corporate constituted under section 10A of the Land Titles (Strata) Act 1967 is a party to a mediation session — a council or committee member or its managing agent; ( c ) where a statutory body is a party to a mediation session — an officer of the statutory body; or ( d ) where a society registered under section 4 or 4A of the Societies Act 1966 is a party to a mediation session — an officer of the society as defined in section 2 of that Act, from representing that company, corporation, body corporate or society, as the case may be. [4/2010] (3) Where a Director approves of the representation of a party by an agent, the approval of the Director may be given subject to any conditions that the Director considers reasonable to ensure that any other party to the mediation session is not substantially disadvantaged by the agent appearing at the mediation session and, where the Director does so, the entitlement of the agent to represent the party is subject to compliance by the agent with those conditions. (4) This section does not apply to a claim referred to a mediator of a Community Mediation Centre under section 18A of the Small Claims Tribunals Act 1984. [33/2018]


document_id: cmca-1997
provision_ref: s15
chapter: PART 3 - MEDIATION
section: 15
title: Referral of cases by Magistrate
content:
15. —(1) Despite any provision of this Act or any written law, a Magistrate who receives a complaint made by a private person under section 151 of the Criminal Procedure Code 2010 may, if — ( a ) the offence is one for which a summons must ordinarily issue in the first instance according to the fourth column of the First Schedule to the Criminal Procedure Code 2010; and ( b ) the Magistrate is of the opinion, from the nature of the case or the attitude of the parties or both, that the matter may more appropriately be resolved by mediation, refer the complaint to a mediator of a Community Mediation Centre for mediation with or without the consent of both the complainant and the person complained against. [6/2004; 15/2010] (2) In making any referral under subsection (1), the Magistrate may order the complainant or the person complained against to attend (personally or by a representative permitted under section 14) before a mediator of a Community Mediation Centre — ( a ) at a time and place to be specified in the Magistrate’s order; and ( b ) in a case where the mediation is to be conducted by electronic communication, video conference or other electronic means, at a time to be specified in the Magistrate’s order and in accordance with the electronic means specified in the Magistrate’s order. [Act 43 of 2024 wef 24/03/2025] (3) In a referral by a Magistrate under this section, the mediator of a Community Mediation Centre must record and notify the Magistrate of the outcome of the mediation to enable the Magistrate to take any further action that the Magistrate thinks fit under the provisions of the Criminal Procedure Code 2010.


document_id: cmca-1997
provision_ref: s15A
chapter: PART 3 - MEDIATION
section: 15A
title: Referral of cases under Small Claims Tribunals Act 1984
content:
15A. —(1) Where a claim is referred by a specified person to a mediator of a Community Mediation Centre under section 18A of the Small Claims Tribunals Act 1984 — ( a ) a party to the claim who is required to attend the mediation under that section may do so personally or by a representative permitted under section 23(2) of that Act; and ( b ) the mediator must record and notify the specified person of the outcome of the mediation. [33/2018] (2) In this section, “specified person” means a tribunal or the Registrar as defined in section 2(1) of the Small Claims Tribunals Act 1984. [33/2018]


document_id: cmca-1997
provision_ref: s15B
chapter: PART 3 - MEDIATION
section: 15B
title: Referral of cases under Community Disputes Resolution Act 2015
content:
15B. —(1) Where a complaint or dispute is referred by a specified person under section 13M of the Community Disputes Resolution Act 2015 to a mediator of a Community Mediation Centre — ( a ) a party to the complaint or dispute who is required to attend the mediation under section 13M of that Act may do so personally or by a representative in accordance with that section; and ( b ) the mediator must record and notify the specified person of the outcome of the mediation. (2) Where a claim is referred by the Registrar or a tribunal judge under section 30 of the Community Disputes Resolution Act 2015 to a mediator of a Community Mediation Centre — ( a ) a party to the complaint or dispute who is required to attend the mediation under section 30 of that Act may do so personally or by a representative in accordance with that section; and ( b ) the mediator must record and notify the Registrar or tribunal judge (as the case may be) of the outcome of the mediation. (3) In this section — “Registrar” has the meaning given by section 2 of the Community Disputes Resolution Act 2015; “specified person” means a person mentioned in section 13M(2) of the Community Disputes Resolution Act 2015; “tribunal judge” means a District Judge designated as a tribunal judge for the Community Disputes Resolution Tribunals under section 14(1)( b ) of the Community Disputes Resolution Act 2015. [Act 43 of 2024 wef 24/03/2025]


document_id: cmca-1997
provision_ref: s16
chapter: PART 4 - MISCELLANEOUS
section: 16
title: Evaluation
content:
16. The Minister may cause or arrange for an evaluation to be made, at such times and in respect of such periods as the Minister thinks fit, of the Community Mediation Centres and of their operation and activities.


document_id: cmca-1997
provision_ref: s17
chapter: PART 4 - MISCELLANEOUS
section: 17
title: Exoneration from liability
content:
17. —(1) No matter or thing done or omitted to be done by — ( a ) a mediator; or ( b ) a Director or any member of the staff, employee or officer of a Community Mediation Centre, shall, if the matter or thing was done in good faith for the purpose of executing the provisions of this Act and did not involve any fraud or wilful misconduct, subject any of them to any action, liability, claim or demand. (2) No person shall be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a Director, and anything done or omitted to be done by that person while so acting is as valid and effectual and has the same consequences as if it had been done or omitted to be done by that Director.


document_id: cmca-1997
provision_ref: s18
chapter: PART 4 - MISCELLANEOUS
section: 18
title: Order to attend court or order to produce documents in litigation or arbitration
content:
18. —(1) A registrar must not, for the purpose of any court proceedings which relate to or are connected with a dispute referred to a mediator of a Community Mediation Centre, issue — ( a ) an order for the attendance before the court of the mediator, the Director or any member of the staff, employee or officer of the Community Mediation Centre; or [Act 25 of 2021 wef 01/04/2022] ( b ) an order for the production to the court of any of the records or documents of the Centre, unless the registrar is satisfied that, having regard to all the circumstances of the case, the attendance or production is necessary for the fair disposal of the case or to save costs. [42/2005] [Act 25 of 2021 wef 01/04/2022] (2) Where an order is made by the registrar under subsection (1)( b ), it is sufficient compliance for the Centre to produce certified true copies of any of the records or documents and such copies are, subject to section 19, admissible as evidence of the facts stated or contained therein. (3) In this section — “court” includes an arbitral tribunal; “registrar” means — ( a ) the Registrar, the Deputy Registrar or an Assistant Registrar of the Supreme Court, in any case where proceedings are taken in the General Division of the High Court (other than the Family Division thereof), the Appellate Division of the High Court or the Court of Appeal; ( b ) the registrar, the deputy registrar or an assistant registrar of the Family Justice Courts, in any case where proceedings are taken in the Family Division of the High Court, a Family Court or a Youth Court; or ( c ) the registrar or a deputy registrar of the State Courts, in any case where proceedings are taken in a State Court. [27/2014; 40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: cmca-1997
provision_ref: s19
chapter: PART 4 - MISCELLANEOUS
section: 19
title: Privilege
content:
19. —(1) Subject to subsection (2), the like privilege with respect to defamation that exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to — ( a ) a mediation session; or ( b ) a document or other material sent to, or produced at, a Community Mediation Centre for the purpose of enabling a mediation session to be arranged. (2) The privilege conferred by subsection (1) does not extend to a publication made otherwise than — ( a ) at a mediation session; ( b ) as provided by subsection (1)( b ); or ( c ) as provided by section 20. (3) Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body. (4) A document prepared for the purposes of, or in the course of, or pursuant to, a mediation session, or any copy thereof is not admissible in evidence in any proceedings before any court, tribunal or body. (5) Subsections (3) and (4) do not apply with respect to any evidence or document — ( a ) where the persons in attendance at or named during the mediation session and, in the case of a document, all persons named in the document, consent to admission of the evidence or document; ( b ) in proceedings instituted with respect to any act or omission in connection with which a disclosure has been made under section 20( c ); or ( c ) if the court is satisfied that, having regard to all the circumstances of the case, the admission of the evidence or document is necessary for the fair disposal of the case or to save costs. (6) In this section, “mediation session” includes any step taken — ( a ) in the course of making arrangements for a mediation session; or ( b ) in the course of the follow-up of a mediation session.


document_id: cmca-1997
provision_ref: s20
chapter: PART 4 - MISCELLANEOUS
section: 20
title: Secrecy
content:
20. A person who is a mediator, a Director, a member of the staff of a Community Mediation Centre or a person making an evaluation under section 16 or carrying out research mentioned in paragraph ( e ) may disclose information obtained in connection with the administration or execution of this Act only as follows: ( a ) with the consent of the person from whom the information was obtained; ( b ) in connection with the administration or execution of this Act; ( c ) where there are reasonable grounds to believe that disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property; ( d ) where the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting any such parties in any other manner; ( e ) where the disclosure does not reveal the identity of a person without the person’s consent and is reasonably required for the purposes of research carried out by, or with the approval of, the Director or an evaluation under section 16; ( f ) in accordance with any order of the court or a requirement imposed by or under any written law. 21. [ Repealed by Act 16 of 2016 ]


document_id: cmca-1997
provision_ref: s22
chapter: PART 4 - MISCELLANEOUS
section: 22
title: Public servants
content:
22. The Director and all members of the staff, employees and officers of Community Mediation Centres are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: cmca-1997
provision_ref: s23
chapter: PART 4 - MISCELLANEOUS
section: 23
title: Power to make regulations
content:
23. —(1) The Minister may make regulations to — ( a ) regulate the practice and procedure of Community Mediation Centres; ( b ) provide for the training and accreditation of mediators of Community Mediation Centres; and ( c ) prescribe all matters as are necessary or expedient for the proper administration, or to achieve the objects and purposes, of this Act. (2) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: cnpia-1953
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “court”, in relation to any claim, means the court or arbitrator by or before whom the claim falls to be determined; “damage” includes loss of life and personal injury; “dependant” means any person for whose benefit an action could be brought under section 20 of the Civil Law Act 1909; “fault” means negligence, breach of statutory duty or other act or omission which gives rise to a liability in tort or would, apart from this Act, give rise to the defence of contributory negligence.


document_id: cnpia-1953
provision_ref: s3
section: 3
title: Apportionment of liability in case of contributory negligence
content:
3. —(1) Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage. (2) Subsection (1) shall not operate to defeat any defence arising under a contract. (3) Where any contract or written law providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant under subsection (1) shall not exceed the maximum limit so applicable. (4) Where damages are recoverable by any person under subsection (1) subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault. (5) Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the estate under section 10 of the Civil Law Act 1909, the damages recoverable would be reduced under subsection (1), any damages recoverable in an action brought for the benefit of — ( a ) the dependants of that person under section 20 of the Civil Law Act 1909; or ( b ) any person under section 21 of the Civil Law Act 1909, shall be reduced to a proportionate extent. (6) Where, in any case to which subsection (1) applies, one of the persons at fault avoids liability to any other such person or his personal representative by pleading the Limitation Act 1959 or any other written law limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages or contributions from that other person or personal representative by virtue of that subsection.


document_id: cnpia-1953
provision_ref: s4
section: 4
title: Saving for Maritime Conventions Act 1911
content:
4. This Act shall not apply to any claims to which section 1 of the Maritime Conventions Act 1911 applies and that Act shall have effect as if this Act had not been passed.


document_id: cnpia-1953
provision_ref: s5
section: 5
title: Common employment
content:
5. —(1) It shall not be a defence to an employer who is sued in respect of personal injuries caused by the negligence of a person employed by him, that that person was at the time the injuries were caused in common employment with the person injured. (2) Any provision in a contract of service or apprenticeship, or in an agreement collateral thereto shall be void insofar as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him. (3) In this section, “personal injury” includes any disease and any impairment of a person’s physical or mental condition, and “injured” shall be construed accordingly.


document_id: coa-1967
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Division into Parts
content:
2. This Act is divided into Parts and Divisions as follows: Part 1
sections 1‑7A … Preliminary
sections 1‑7A. Part 2
sections 8‑15 ... Administration of this Act
sections 8‑8H, 10, 12‑15. Part 3
Constitution of Companies
sections 17‑42A ... Division 1 — Incorporation
sections 17‑22.
Division 2 — Powers
sections 23‑41C, 42A. Part 4
Shares,
Debentures and Charges
sections 59‑141 ... Division 2 — Restrictions on allotment and commencement of business
sections 59‑62. ... Division 3 — Shares
sections 62A‑68, 70‑78. ... Division 3A — Reduction of share capital
sections 78A‑78K. ... Division 4 — Substantial shareholdings
sections 79‑91. ... Division 5 — Debentures
sections 93‑96, 100. ... Division 7 — Title and transfers
sections 121‑128, 129‑130AE. ... Division 8 — Registration of charges
sections 131‑141. Part 5
Management and Administration
sections 142‑198 ... ... Division 1 — Office and name
sections 142‑144. Division 2 — Directors and officers
sections 145‑152, 154‑160, 161‑165, 168‑169, 171‑173I. ... Division 3 — Meetings and proceedings
sections 174‑189. ... Division 4 — Register of members kept by public company
sections 189A‑196. ... Division 4A — Electronic register of members kept by Registrar
sections 196A‑196D ... Division 5 — Annual return
sections 197‑198. Part 6
Financial Statements and Audit
sections 199‑209A ... ... Division 1 — Financial statements
sections 199, 201‑204. Division 2 — Audit
sections 205‑209A. Part 7
sections 210‑216B ... Arrangements, Reconstructions and Amalgamations
sections 210‑211, 212, 215‑216B. Part 9
sections 228‑246 ... Investigations
sections 228‑233, 235‑246. Part 10
sections 344‑344H ... Dissolution
sections 344‑344H Part 10A
sections 355‑364A ... Transfer of Registration
sections 355‑364A. Part 11
Various Types of Companies, etc.
sections 365‑386 ... Division 2 — Foreign Companies
sections 365‑373, 375‑384, 386. Part 11A
sections 386AA‑386AP ... Register of Controllers and Nominee Director of Companies
sections 386AA‑386AP. Part 12
General
sections 387‑411 ... Division 1 — Enforcement of this Act
sections 386A‑399. ... Division 2 — Offences
sections 401‑409B. ... Division 3 — Miscellaneous
sections 409C‑411.


document_id: coa-1967
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Repeals
content:
3. —(1) The written laws mentioned in the First Schedule to the extent to which they are therein expressed to be repealed or amended are repealed or amended accordingly. Transitory provisions (2) Unless the contrary intention appears in this Act — ( a ) all persons, things and circumstances appointed or created under any of the repealed or amended written laws or existing or continuing under any of such written laws immediately before 29 December 1967 continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if such written laws had not been so repealed or amended; and ( b ) in particular and without limiting paragraph ( a ), such repeal does not disturb the continuity of status, operation or effect of any Order in Council, order, rule, regulation, scale of fees, appointment, conveyance, mortgage, deed, agreement, resolution, direction, instrument, document, memorandum, articles, incorporation, nomination, affidavit, call, forfeiture, minute, assignment, register, registration, transfer, list, licence, certificate, security, notice, compromise, arrangement, right, priority, liability, duty, obligation, proceeding, matter or thing made, done, effected, given, issued, passed, taken, validated, entered into, executed, lodged, accrued, incurred, existing, pending or acquired under any of such written laws before that date. (3) Nothing in this Act affects the Table in any repealed written law corresponding to Table A in the repealed Fourth Schedule in force immediately before 3 January 2016 or any part thereof (either as originally enacted or as altered pursuant to any statutory power) or the corresponding Table in any former written law relating to companies (either as originally enacted or as so altered) so far as the same applies to any company existing on 29 December 1967. [36/2014]


document_id: coa-1967
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Interpretation
content:
4. —(1) In this Act, unless the contrary intention appears — “accounting corporation” means a company approved or deemed to be approved as an accounting corporation under the Accountants Act 2004; “accounting entity” means a public accountant, an accounting corporation, an accounting firm or an accounting limited liability partnership; “accounting firm” means a firm approved or deemed to be approved as an accounting firm under the Accountants Act 2004; “accounting limited liability partnership” means a limited liability partnership approved as an accounting limited liability partnership under the Accountants Act 2004; “accounting records”, in relation to a corporation, includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts of the corporation are made up; “Accounting Standards” means the accounting standards made or formulated by the Accounting Standards Committee under Part 3 of the Accounting Standards Act 2007 and applicable to companies and to foreign companies in respect of their operations in Singapore for the purposes of this Act; [Act 36 of 2022 wef 01/04/2023] “accounts” means profit and loss accounts and balance sheets and includes notes (other than auditors’ reports or directors’ reports) attached or intended to be read with any of those profit and loss accounts or balance sheets; “ACRA administered Act” means the Accounting and Corporate Regulatory Authority Act 2004 or any of the written laws specified in the Second Schedule to that Act; [Act 21 of 2024 wef 09/12/2024] “Act” includes any regulations; [ Deleted by Act 21 of 2024 wef 09/12/2024 ] “annual general meeting”, in relation to a company, means a meeting of the company required to be held by section 175; “annual return” means the return required to be lodged under section 197(1); “approved exchange in Singapore” means an approved exchange as defined in section 2(1) of the Securities and Futures Act 2001; “audit requirements” means the requirements of sections 201(8) and (9) and 207; “Authority” means the Accounting and Corporate Regulatory Authority established under the Accounting and Corporate Regulatory Authority Act 2004; “Authority’s website” means the Authority’s Internet website; “banking corporation” means a bank or merchant bank licensed under the Banking Act 1970; “book‑entry securities” has the meaning given by section 81SF of the Securities and Futures Act 2001; “books” includes any account, deed, writing or document and any other record of information, however compiled, recorded or stored, whether in written or printed form or on microfilm or by electronic process or otherwise; “borrowing corporation” means a corporation that is or will be under a liability (whether or not such liability is present or future) to repay any money received or to be received by it in response to an invitation to the public to subscribe for or purchase debentures of the corporation; “branch register”, in relation to a company, means — ( a ) a branch register of members of the company kept pursuant to section 196; or ( b ) a branch register of holders of debentures kept pursuant to section 93, as the case may require; “business day” means any day other than a Saturday, Sunday or public holiday; “certified”, in relation to a copy of a document, means certified in the prescribed manner to be a true copy of the document and, in relation to a translation of a document, means certified in the prescribed manner to be a correct translation of the document into the English language; “charge” includes a mortgage and any agreement to give or execute a charge or mortgage whether upon demand or otherwise; “chief executive officer”, in relation to a company, means any one or more persons, by whatever name described, who — ( a ) is in direct employment of, or acting for or by arrangement with, the company; and ( b ) is principally responsible for the management and conduct of the business of the company, or part of the business of the company, as the case may be; “commencement of winding up” — ( a ) in a winding up by the Court, has the meaning given by section 126 of the Insolvency, Restructuring and Dissolution Act 2018; and ( b ) in a voluntary winding up, has the meaning given by section 161(6) of the Insolvency, Restructuring and Dissolution Act 2018; “company” means a company incorporated under this Act or under any corresponding previous written law; “company having a share capital” includes an unlimited company with a share capital; “company limited by guarantee” means a company formed on the principle of having the liability of its members limited by the constitution to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up; “company limited by shares” means a company formed on the principle of having the liability of its members limited by the constitution to the amount (if any) unpaid on the shares respectively held by them; “constitution”, in relation to a company, means — ( a ) the constitution of the company which is registered with the Registrar under section 19, as may be amended from time to time; and ( b ) in the case of a company incorporated before 3 January 2016, the memorandum of association of the company, the articles of association of the company, or both, in force immediately before that date; “contact address”, in relation to an individual, means an address that meets all of the following conditions: ( a ) it is a physical address at which the individual can be physically found or contacted by post; ( b ) it is not a post office box number; ( c ) it is located in the same jurisdiction as the individual’s residential address; [Act 21 of 2024 wef 09/12/2024] “contributory”, in relation to a company, means a person liable to contribute to the assets of the company in the event of its being wound up, and includes the holder of fully paid shares in the company and, prior to the final determination of the persons who are contributories, includes any person alleged to be a contributory; “corporation” means any body corporate formed or incorporated or existing in Singapore or outside Singapore and includes any foreign company but does not include — ( a ) any body corporate that is incorporated in Singapore and is by notification of the Minister in the Gazette declared to be a public authority or an instrumentality or agency of the Government or to be a body corporate which is not incorporated for commercial purposes; ( b ) any corporation sole; ( c ) any cooperative society; ( d ) any registered trade union; [Act 30 of 2024 wef 01/11/2024] ( da ) any platform work association registered under the Platform Workers Act 2024; or [Act 30 of 2024 wef 01/11/2024] ( e ) any limited liability partnership; “Court” means the General Division of the High Court; “corresponding previous written law” means any written law relating to companies which has been at any time in force in Singapore and which corresponds with any provision in this Act; “debenture” includes debenture stock, bonds, notes and any other securities of a corporation whether constituting a charge on the assets of the corporation or not, but does not include — ( a ) a cheque, letter of credit, order for the payment of money or bill of exchange; ( b ) subject to the regulations, a promissory note having a face value of not less than $100,000 and having a maturity period of not more than 12 months; ( c ) for the purposes of the application of this definition to a provision of this Act in respect of which any regulations made thereunder provide that the word “debenture” does not include a prescribed document or a document included in a prescribed class of documents, that document or a document included in that class of documents, as the case may be; “default penalty” means a default penalty within the meaning of section 408; “Depository” has the meaning given by section 81SF of the Securities and Futures Act 2001; “director” includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors or the majority of the directors of a corporation are accustomed to act and an alternate or substitute director; “document” includes summons, order and other legal process, and notice and register; “electronic communication” means communication transmitted (whether from one person to another, from one device to another, from a person to a device or from a device to a person) — ( a ) by means of a telecommunication system; or ( b ) by other means but while in an electronic form, such that it can (where particular conditions are met) be received in legible form or be made legible following receipt in non‑legible form; “electronic transaction system” means the electronic transaction system mentioned in section 12A(1); [Act 21 of 2024 wef 09/12/2024] “emoluments”, in relation to a director or auditor of a company, includes any fees, percentages and other payments made (including the money value of any allowances or perquisites) or consideration given, directly or indirectly, to the director or auditor by that company or by a holding company or a subsidiary of that company, whether made or given to the director or auditor in the director’s or auditor’s capacity as such or otherwise in connection with the affairs of that company or of the holding company or the subsidiary; “exempt private company” means — ( a ) a private company in the shares of which no beneficial interest is held directly or indirectly by any corporation and which has not more than 20 members; or ( b ) any private company, being a private company that is wholly owned by the Government, which the Minister, in the national interest, declares by notification in the Gazette to be an exempt private company; “expert” includes an engineer, a valuer, an accountant and any other person whose profession or reputation gives authority to a statement made by him or her; “filed” means filed under this Act or any corresponding previous written law; “financial year” — ( a ) in relation to a corporation — means the period in respect of which the financial statements of the corporation is made up, whether that period is a year or not; and ( b ) in relation to a company — is also to be determined in accordance with section 198; “foreign company” means — ( a ) a company, corporation, society, association or other body incorporated outside Singapore; or ( b ) an unincorporated society, association or other body which under the law of its place of origin may sue or be sued, or hold property in the name of the secretary or other officer of the body or association duly appointed for that purpose and which does not have its head office or principal place of business in Singapore; “full name” or “name” means — ( a ) in the case of an individual registered under the National Registration Act 1965 — the name as it appears in the latest identity card issued to that individual under section 9 of that Act; or ( b ) in the case of an individual not registered under the National Registration Act 1965 — the name as it appears in the latest passport issued to that individual or such other similar evidence of identification as is available; [Act 21 of 2024 wef 09/12/2024] “identification” means — ( a ) in the case of an individual issued with an identity card under the National Registration Act 1965 — the number of the individual’s identity card; and ( b ) in the case of an individual not issued with an identity card under that Act — particulars of the individual’s passport or such other similar evidence of identity as is acceptable to the Registrar; “liquidator” includes the Official Receiver when acting as the liquidator of a corporation; “limited company” means a company limited by shares or by guarantee or, prior to the expiry of the period of 2 years as specified in section 17(6


document_id: coa-1967
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Definition of subsidiary and holding company
content:
5. —(1) For the purposes of this Act, a corporation is, subject to subsection (3), deemed to be a subsidiary of another corporation, if — ( a ) that other corporation — (i) controls the composition of the board of directors of the firstmentioned corporation; or (ii) controls more than half of the voting power of the firstmentioned corporation; or ( b ) the firstmentioned corporation is a subsidiary of any corporation which is that other corporation’s subsidiary. [36/2014] (2) For the purposes of subsection (1), the composition of a corporation’s board of directors is deemed to be controlled by another corporation if that other corporation by the exercise of some power exercisable by it without the consent or concurrence of any other person can appoint or remove all or a majority of the directors, and for the purposes of this provision that other corporation is deemed to have power to make such an appointment if — ( a ) a person cannot be appointed as a director without the exercise in his or her favour by that other corporation of such a power; or ( b ) a person’s appointment as a director follows necessarily from his or her being a director or other officer of that other corporation. (3) In determining whether one corporation is a subsidiary of another corporation — ( a ) any shares held or power exercisable by that other corporation in a fiduciary capacity is to be treated as not held or exercisable by it; ( b ) subject to paragraphs ( c ) and ( d ), any shares held or power exercisable — (i) by any person as a nominee for that other corporation (except where that other corporation is concerned only in a fiduciary capacity); or (ii) by, or by a nominee for, a subsidiary of that other corporation, not being a subsidiary which is concerned only in a fiduciary capacity, is to be treated as held or exercisable by that other corporation; ( c ) any shares held or power exercisable by any person by virtue of the provisions of any debentures of the firstmentioned corporation or of a trust deed for securing any issue of such debentures is to be disregarded; and ( d ) any shares held or power exercisable by, or by a nominee for, that other corporation or its subsidiary (not being held or exercisable as mentioned in paragraph ( c )) is to be treated as not held or exercisable by that other corporation if the ordinary business of that other corporation or its subsidiary (as the case may be) includes the lending of money and the shares are held or power is exercisable as aforesaid by way of security only for the purposes of a transaction entered into in the ordinary course of that business. (4) A reference in this Act to the holding company of a company or other corporation is a reference to a corporation of which that last mentioned company or corporation is a subsidiary. (5) For the purposes of this Act, the Depository is not to be regarded as a holding company of a corporation by reason only of the shares it holds in that corporation as a bare trustee. [36/2014]


document_id: coa-1967
provision_ref: s5A
chapter: PART 1 - PRELIMINARY
section: 5A
title: Definition of ultimate holding company
content:
5A. For the purposes of this Act, a corporation is the ultimate holding company of another corporation if — ( a ) the other corporation is a subsidiary of the firstmentioned corporation; and ( b ) the firstmentioned corporation is not itself a subsidiary of any corporation.


document_id: coa-1967
provision_ref: s5B
chapter: PART 1 - PRELIMINARY
section: 5B
title: Definition of wholly owned subsidiary
content:
5B. For the purposes of this Act, a corporation is a wholly owned subsidiary of another corporation if none of the members of the firstmentioned corporation is a person other than — ( a ) that other corporation; ( b ) a nominee of that other corporation; ( c ) a subsidiary of that other corporation being a subsidiary none of the members of which is a person other than that other corporation or a nominee of that other corporation; or ( d ) a nominee of such subsidiary.


document_id: coa-1967
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: When corporations deemed to be related to each other
content:
6. Where a corporation — ( a ) is the holding company of another corporation; ( b ) is a subsidiary of another corporation; or ( c ) is a subsidiary of the holding company of another corporation, that firstmentioned corporation and that other corporation are for the purposes of this Act deemed to be related to each other.


document_id: coa-1967
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Interests in shares
content:
7. —(1) The following subsections have effect for the purposes of Division 4 of Part 4 and sections 163, 164 and 165 and subsection (6A), in addition, also has effect for the purposes of section 244. [36/2014] (1A) Subject to this section, a person has an interest in shares if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, those shares. [36/2014] (1B) For the purposes of subsection (1A), it is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, particular shares is, or is capable of being made, subject to restraint or restriction. [36/2014] (2) Where any property held in trust consists of or includes shares and a person knows, or has reasonable grounds for believing, that the person has an interest under the trust, the person is deemed to have an interest in those shares. [36/2014] (3) A unit in a collective investment scheme within the meaning of section 2 of the Securities and Futures Act 2001 — ( a ) that is the subject of an offer of units within the meaning of section 283 of that Act and that has been so subscribed or purchased; or ( b ) that is issued for the purpose of an offer of units within the meaning of section 283 of that Act and is held by the manager of the collective investment scheme concerned, does not constitute an interest in a share. (4) Where a body corporate has, or is by the provisions of this section deemed to have, an interest in a share and — ( a ) the body corporate is, or its directors are, accustomed or under an obligation whether formal or informal to act in accordance with the directions, instructions or wishes of a person; or ( b ) a person has a controlling interest in the body corporate, that person is deemed to have an interest in that share. (4A) Where a body corporate has, or is by the provisions of this section (apart from this subsection) deemed to have, an interest in a share and — ( a ) a person is; ( b ) the associates of a person are; or ( c ) a person and the person’s associates are, entitled to exercise or control the exercise of not less than 20% of the voting power in the body corporate, that person is deemed to have an interest in that share. [36/2014] (5) For the purposes of subsection (4A), a person is an associate of another person if the firstmentioned person is — ( a ) a subsidiary of that other person; ( b ) a person who is accustomed or is under an obligation whether formal or informal to act in accordance with the directions, instructions or wishes of that other person in relation to the share mentioned in subsection (4A); or ( c ) a body corporate that is, or a majority of the directors of which are, accustomed or under an obligation whether formal or informal to act in accordance with the directions, instructions or wishes of that other person in relation to the share mentioned in subsection (4A). [36/2014] (6) Where a person — ( a ) has entered into a contract to purchase a share; ( b ) has a right, otherwise than by reason of having an interest under a trust, to have a share transferred to the person or to the person’s order, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; ( c ) has the right to acquire a share, or an interest in a share, under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or ( d ) is entitled (otherwise than by reason of the person having been appointed a proxy or representative to vote at a meeting of members of a corporation or of a class of its members) to exercise or control the exercise of a right attached to a share, not being a share of which the person is the registered holder, that person is deemed to have an interest in that share. (6A) For the purposes of Division 4 of Part 4 and sections 163 to 165 and 244, a book‑entry security is to be treated as if it were an interest in a share. [36/2014] (7) A person is not to be deemed not to have an interest in a share by reason only that the person has the interest in the share jointly with another person. (8) It is immaterial, for the purposes of determining whether a person has an interest in a share, that the interest cannot be related to a particular share. (9) There is to be disregarded — ( a ) an interest in a share if the interest is that of a person who holds the share as bare trustee; ( b ) an interest in a share if the interest is that of a person whose ordinary business includes the lending of money if the person holds the interest only by way of security for the purposes of a transaction entered into in the ordinary course of business in connection with the lending of money; ( c ) an interest of a person in a share, if that interest is an interest held by the person by reason of the person holding a prescribed office; ( ca ) an interest of a company in its own shares if that interest is purchased or otherwise acquired in accordance with sections 76B to 76G (including treasury shares); and ( d ) a prescribed interest in a share, being an interest of such person, or of the persons included in such class of persons, as is prescribed. [36/2014] (10) An interest in a share is not to be disregarded by reason only of — ( a ) its remoteness; ( b ) the manner in which it arose; or ( c ) the fact that the exercise of a right conferred by the interest is, or is capable of being made, subject to restraint or restriction.


