# legal_provisions

document_id: pvpa-2004
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Act to bind Government
content:
3. This Act binds the Government but nothing in this Act renders the Government liable to be prosecuted for an offence.


document_id: pvpa-2004
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Registrar of Plant Varieties and other officers
content:
5. —(1) There is to be a Registrar of Plant Varieties who has the chief control of the Registry of Plant Varieties. (2) There are to be one or more Deputy Registrars of Plant Varieties who is to, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under section 6. (3) There are to be one or more Assistant Registrars of Plant Varieties. (4) The Registrar and all the other officers under this section must be appointed by the Minister.


document_id: pvpa-2004
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Delegation by Registrar
content:
6. —(1) The Registrar may, in relation to a particular matter or class of matters, by writing under the hand of the Registrar, delegate all or any of his or her powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Plant Varieties, any public officer, or any person with the relevant qualifications for or experience in the matter or class of matters, so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation. [16/2014] (2) A delegation under this section is revocable at will and no delegation prevents the exercise of a power or function by the Registrar or by any Deputy Registrar of Plant Varieties. (3) Where the delegate is a person with the relevant qualifications or experience mentioned in subsection (1), he or she is, when exercising the delegated powers or functions, deemed to be a public servant for the purposes of the Penal Code 1871. [16/2014]


document_id: pvpa-2004
provision_ref: s7
chapter: PART 2 - ADMINISTRATION
section: 7
title: Registry of Plant Varieties
content:
7. For the purposes of this Act, there is an office which is known as the Registry of Plant Varieties.


document_id: pvpa-2004
provision_ref: s9
chapter: PART 2 - ADMINISTRATION
section: 9
title: Powers of Registrar
content:
9. The Registrar may, for the purposes of this Act — ( a ) summon witnesses; ( b ) receive evidence on oath, whether orally or otherwise; and ( c ) require the production of documents or articles.


document_id: pvpa-2004
provision_ref: s10
chapter: PART 2 - ADMINISTRATION
section: 10
title: Disobedience to summons an offence
content:
10. —(1) A person who has been summoned to appear as a witness before the Registrar must not, without lawful excuse, fail to appear in obedience to the summons. (2) A person who has been required by the Registrar to produce a document or article must not, without lawful excuse, fail to produce the document or article. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: pvpa-2004
provision_ref: s11
chapter: PART 2 - ADMINISTRATION
section: 11
title: Refusal to give evidence an offence
content:
11. —(1) A person who appears before the Registrar must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which the person is lawfully required to produce or answer. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: pvpa-2004
provision_ref: s12
chapter: PART 2 - ADMINISTRATION
section: 12
title: Costs awarded by Registrar
content:
12. —(1) The Registrar may award costs in respect of the matters, and in the amounts provided for in rules made under this Act, against any party to proceedings brought before him or her. (2) The rules may provide for the assessment of the costs, or any part of the costs, by the Registrar. [Act 25 of 2021 wef 01/04/2022] (3) A party desirous to obtain costs or to have the costs assessed must apply to the Registrar in accordance with the rules. [Act 25 of 2021 wef 01/04/2022] (4) If a party is ordered to pay the costs of another party, the costs may be recovered in a court of competent jurisdiction as a debt due by the first party to the other party.


document_id: pvpa-2004
provision_ref: s13
chapter: PART 3 - APPLICATION FOR GRANT OF PROTECTION
section: 13
title: Application for grant of protection
content:
13. —(1) An application for a grant of protection for a plant variety must be made by the breeder of that plant variety in the prescribed manner to the Registrar. (2) The application must contain or be accompanied by the following: ( a ) a description of the plant variety; ( b ) the proposed denomination for the plant variety which qualifies for approval and registration under section 36; ( c ) an address for service in relation to that application, being an address within Singapore; ( d ) if a right of priority is claimed under section 14, full particulars of the relevant priority application. (3) The application must be accompanied by an application fee and any other fees that may be prescribed. (4) An application that complies with subsections (1), (2) and (3) at the time it is received at the Registry is, for the purposes of this Act, deemed to be made at that time. (5) An application that does not comply with subsection (1), (2) or (3) at the time it is received is nevertheless deemed to be made at that time if it is rectified within such time and in such manner as the Registrar may specify. (6) The Registrar must, if satisfied that an application complies with subsections (1), (2) and (3) — ( a ) publish the application and the proposed denomination for the plant variety in the prescribed manner; and ( b ) notify the applicant of the publication.


document_id: pvpa-2004
provision_ref: s14
chapter: PART 3 - APPLICATION FOR GRANT OF PROTECTION
section: 14
title: Priority resulting from foreign application
content:
14. —(1) If — ( a ) the breeder of a plant variety has made an application in any UPOV member other than Singapore (called in this section the foreign application) for the equivalent of a grant of protection; and ( b ) within 12 months after — (i) the date on which the foreign application was made; or (ii) where more than one foreign application has been made (whether in one UPOV member or more than one UPOV member), the date the earliest foreign application was made, the breeder makes an application for the grant of protection in respect of the plant variety in Singapore, the breeder may, when making the application under this Act, claim a right of priority, and sections 22 and 23 apply to the application for a grant of protection in Singapore as if it had been made on the date the foreign application (or the earliest foreign application) was made. (2) The breeder must, within the prescribed period after making the claim of a right of priority under subsection (1), submit to the Registrar a copy of any document constituting the foreign application, which must be certified as correct by the authority in the UPOV member to which the foreign application was made. [Act 7 of 2022 wef 26/05/2022] (3) The breeder is allowed a period of 2 years after the end of the period mentioned in subsection (1)( b ) or, where the foreign application (or the earliest foreign application) is rejected or withdrawn, a period of 2 years after the rejection or withdrawal, in which to furnish any necessary information, document or material required for the purpose of the examination under section 17 to the Registrar or an Examiner appointed by the Registrar for the purposes of this subsection (as the case may be) or an examination report under section 18 to the Registrar. [16/2014]


document_id: pvpa-2004
provision_ref: s15
chapter: PART 3 - APPLICATION FOR GRANT OF PROTECTION
section: 15
title: Publication
content:
15. The Registrar must publish applications for grant of protection, and information on other prescribed matters, in the prescribed manner at the time and frequency determined by the Registrar. [Act 7 of 2022 wef 26/05/2022]


document_id: pvpa-2004
provision_ref: s16
chapter: PART 3 - APPLICATION FOR GRANT OF PROTECTION
section: 16
title: Objections to denomination and grant of protection
content:
16. —(1) Any person may, within the prescribed period after the publication of a denomination, by written notice to the Registrar, object to the approval of that denomination. (2) Any person may, within the prescribed period after the publication of an application for a grant of protection for a plant variety, by written notice to the Registrar, object to the making of a grant in respect of that plant variety on the ground that the plant variety is not new within the meaning of section 22. (3) The Minister may make rules to provide for objection proceedings and for matters relating to objection proceedings. (4) If a person who neither resides nor carries on business in Singapore makes an objection under this section, the Registrar may require the person to give security for the costs of the proceedings and may, if security is not given, dismiss the proceedings.


document_id: pvpa-2004
provision_ref: s17
chapter: PART 3 - APPLICATION FOR GRANT OF PROTECTION
section: 17
title: Examination of plant variety
content:
17. —(1) Subject to section 18, the applicant must, within the prescribed period after making an application, give to the Registrar or any Examiner appointed by the Registrar for the purposes of this section — ( a ) in such detail as the Registrar or the Examiner may require for examination under subsection (2), a description of — (i) the origin and breeding of the plant variety concerned (called in this section the candidate variety); (ii) the botanical features of the candidate variety; and (iii) at least one plant variety that is, to the breeder’s knowledge, most similar to the candidate variety and at least one characteristic which distinguishes the candidate variety from such other variety or varieties; and ( b ) propagating material of the candidate variety, but only if the Registrar or the Examiner requests for it. [16/2014] [Act 7 of 2022 wef 26/05/2022] (2) The Registrar or the Examiner must examine the candidate variety — ( a ) to verify whether the candidate variety belongs to the stated botanical taxon; ( b ) to establish whether the candidate variety is distinct, uniform and stable; and ( c ) where the candidate variety is found to meet the requirements in paragraphs ( a ) and ( b ), to establish an official description of the variety. [16/2014] (3) The Registrar or the Examiner may by written notice request the applicant to furnish any further information, document or propagating material of the candidate variety and of any similar plant variety in addition to any plant variety mentioned in subsection (1)( a )(iii). [16/2014] (4) Where the Registrar or the Examiner has made a request for further information, documents or propagating material under subsection (3), the applicant must — ( a ) furnish the information, document or propagating material within the period stated in the written notice; or ( b ) where the information, document or propagating material is not available, notify the Registrar or the Examiner (as the case may be) of this fact within that period. [16/2014] (5) The Registrar or the Examiner (as the case may be) may extend the period in subsection (4) in a particular case. [Act 7 of 2022 wef 26/05/2022]


document_id: pvpa-2004
provision_ref: s18
chapter: PART 3 - APPLICATION FOR GRANT OF PROTECTION
section: 18
title: Corresponding examination
content:
18. —(1) Subject to subsection (2), the applicant may, instead of complying with the provisions in section 17, lodge with the Registrar in any manner that the Registrar may require and within the prescribed period, an examination report issued and certified by an Examiner in any UPOV member other than Singapore. [16/2014] (2) The Registrar may reject an examination report lodged under subsection (1), in which case the applicant must comply with the provisions in section 17.


document_id: pvpa-2004
provision_ref: s19
chapter: PART 3 - APPLICATION FOR GRANT OF PROTECTION
section: 19
title: Withdrawal or lapse of application
content:
19. —(1) Any application may be withdrawn by the applicant at any time before a grant of protection is made in respect of it. (2) The withdrawal of an application does not affect the applicant’s liability for any fees that may have become payable up to the date of that withdrawal. (3) Where any information, document or material required to be given to the Registrar or an Examiner under the provisions of this Act is not supplied within the period stated in the written notice issued by the Registrar or the Examiner (as the case may be) requiring the information, document or material, the application concerned lapses upon the end of that period. [16/2014]


document_id: pvpa-2004
provision_ref: s20
chapter: PART 3 - APPLICATION FOR GRANT OF PROTECTION
section: 20
title: Provisional protection
content:
20. Where a grant of protection for a plant variety has been made under section 21, the grantee has the right to take proceedings in respect of the protected variety under this Act as if the grant of protection had been made on the date the application for that grant of protection was published under section 15.


document_id: pvpa-2004
provision_ref: s21
chapter: PART 4 - GRANT AND REVOCATION OF PROTECTION
section: 21
title: Making of grant of protection
content:
21. —(1) The Registrar must — ( a ) except where an application has been withdrawn or has lapsed under section 19, make a grant of protection in respect of every application that is eligible for the making of a grant of protection; and ( b ) decline to make a grant of protection in respect of every application that is not eligible for the making of a grant of protection. (2) An application must be treated as being eligible for the making of a grant of protection if, and only if — ( a ) the applicant has complied with section 13 and section 17 or 18, as the case may be; and ( b ) the Registrar — (i) has approved, for the plant variety in respect of which the application was made, the denomination proposed by the applicant under section 36; (ii) is satisfied that the applicant is the breeder of that plant variety; and (iii) is satisfied that that plant variety is new, distinct, stable and uniform within the meaning of section 22.


document_id: pvpa-2004
provision_ref: s22
chapter: PART 4 - GRANT AND REVOCATION OF PROTECTION
section: 22
title: Conditions for grant of protection
content:
22. —(1) For the purpose of sections 16(2), 21(2)( b )(iii) and 25(2)( a ) — ( a ) a plant variety is new if harvested or propagating material of the plant variety has not been sold or otherwise disposed of to another person, by or with the breeder’s consent for the purposes of exploitation of the plant variety — (i) earlier than 12 months before the date the application is made, where the sale or disposal and the exploitation of the plant variety is in Singapore; and (ii) earlier than 6 years before that date in the case of trees or vines, or earlier than 4 years before that date in any other case, where the sale or disposal and the exploitation of the plant variety is outside Singapore; ( b ) a plant variety is distinct if it is clearly distinguishable from any other plant variety whose existence is a matter of common knowledge at the time of the making of the application; ( c ) a plant variety is stable if its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each cycle; and ( d ) a plant variety is uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics. (2) For the purposes of subsection (1)( a ), where, in order to increase the stock of a plant variety or for any testing of a plant variety, the breeder of the plant variety makes any arrangement under which — ( a ) propagating material of that plant variety is to be sold to or used by some other person; and ( b ) any unused portion of that propagating material, and all the material of any type produced from that propagating material, is — (i) to be sold to the breeder by that other person; or (ii) otherwise to become the breeder’s property, no account is to be taken of any sale or disposal under that arrangement. (3) For the purposes of subsection (1)( a ), a plant variety does not cease to be new by virtue only of the sale or disposal at any time of — ( a ) material that is not propagating material or harvested material; or ( b ) propagating material if sold or disposed of as a by-product or a surplus product of the creation of that plant variety, provided that — (i) the material is sold or disposed of without variety identification for purposes of consumption; and (ii) having been produced during the breeding, increase of stock, test, or trial of that plant variety, the material is not or no longer required for any of those activities. (4) Despite subsection (1)( a ), where this Act did not apply to a plant genus or species before 30 July 2014, and an application for a grant of protection is made within one year after that date in respect of any plant variety belonging to that plant genus or species, that plant variety is deemed to be new if harvested or propagating material of that plant variety has not been sold, or otherwise disposed of, in Singapore to another person, by or with the breeder’s consent for the purposes of exploitation in Singapore of that plant variety — ( a ) earlier than 6 years before the date that application is made, in the case of trees or vines; or ( b ) earlier than 4 years before the date that application is made, in any other case. [16/2014] (5) For the purpose of subsection (1)( b ), the making of an application in any country for — ( a ) a grant of protection in respect of a plant variety; or ( b ) the entering of a plant variety in an official register of plant varieties, is deemed to render that plant variety a matter of common knowledge from the date of application, provided that the application leads to a grant of protection in respect of that plant variety or to the entering of that plant variety in the official register of plant varieties, as the case may be.


document_id: pvpa-2004
provision_ref: s23
chapter: PART 4 - GRANT AND REVOCATION OF PROTECTION
section: 23
title: Varieties bred or discovered and developed by 2 or more persons independently
content:
23. Where — ( a ) before a grant of protection has been made in respect of any plant variety, 2 or more applications in respect of that plant variety have been made; ( b ) the Registrar is satisfied that the applicants concerned are persons who bred, or discovered and developed, that plant variety independently, or are successors of such persons; and ( c ) the Registrar is satisfied that, but for this section, each of those applicants would be entitled to a grant of protection in respect of that plant variety, the Registrar must make a grant of protection to the applicant whose application was made first.


document_id: pvpa-2004
provision_ref: s24
chapter: PART 4 - GRANT AND REVOCATION OF PROTECTION
section: 24
title: Term of grant of protection
content:
24. —(1) The Registrar must endorse on every grant of protection the date of the grant of protection. (2) Subject to sections 25 and 26, the term of a grant of protection is a period of 25 calendar years from the date of the grant of protection. (3) The grantee must during the term of the grant of protection pay an annual fee of a prescribed amount and furnish any information that the Registrar may require in the prescribed manner and within the prescribed period. (4) A late fee of a prescribed amount may be imposed by rules made under this Act for the payment of the annual fee within the prescribed period but after the anniversary of the date of grant of protection where the anniversary is the first day of the one year period for which the annual fee is payable, in prescribed circumstances. [Act 7 of 2022 wef 26/05/2022]


document_id: pvpa-2004
provision_ref: s25
chapter: PART 4 - GRANT AND REVOCATION OF PROTECTION
section: 25
title: Grounds of invalidity of grant of protection
content:
25. —(1) An application for a declaration of invalidity of any grant of protection on any ground mentioned in subsection (2) may be made by any person to the Court. (2) A grant of protection is to be declared invalid if the Court is satisfied that — ( a ) the plant variety concerned is not new or distinct within the meaning of section 22; ( b ) where the grant of protection was made on the basis of an examination report by an Examiner lodged under section 18, the plant variety was not, at the time the grant of protection was made, stable or uniform within the meaning of section 22(1)( c ) or ( d ), respectively; or ( c ) the grant of protection has been made to a person who is not entitled to it, unless it has since been transferred to the person who is so entitled. [16/2014] (3) The Registrar must remove from the register any grant of protection which has been declared invalid by the Court under this section.


document_id: pvpa-2004
provision_ref: s26
chapter: PART 4 - GRANT AND REVOCATION OF PROTECTION
section: 26
title: Cancellation of grant of protection
content:
26. —(1) An application for cancellation of any grant of protection may be made by any person — ( a ) to the Registrar, on any ground mentioned in subsection (2); or ( b ) to the Court, on the ground mentioned in subsection (3). (2) A grant of protection must be cancelled by the Registrar at any time during its term in the event that — ( a ) the grantee, after having been requested by the Registrar to provide such information, documents or material as the Registrar thinks fit for verifying the maintenance of the plant variety, failed to do so within the period specified by the Registrar; ( b ) in any particular year, the annual fee required under section 24(3) to be paid, or the late fee required under section 24(4) to be paid, has not been paid within the prescribed period; or [Act 7 of 2022 wef 26/05/2022] ( c ) the grantee, after having been requested by the Registrar to propose another suitable denomination under section 38, failed to do so within the prescribed period. (3) A grant of protection is to be cancelled by the Court at any time during its term in the event that it is established that the plant variety is no longer stable or uniform within the meaning of section 22(1)( c ) or ( d ), respectively. (4) The Registrar must remove from the register any grant of protection which has been cancelled under this section.


document_id: pvpa-2004
provision_ref: s27
chapter: PART 4 - GRANT AND REVOCATION OF PROTECTION
section: 27
title: Renunciation of grantee’s right
content:
27. —(1) A grantee may, in writing to the Registrar, renounce the grantee’s grant of protection. (2) The Registrar must remove from the register any grant of protection which has been renounced under subsection (1).


document_id: pvpa-2004
provision_ref: s28
chapter: PART 5 - SCOPE AND NATURE OF GRANT OF PROTECTION
section: 28
title: Scope and nature of grant of protection
content:
28. —(1) Subject to sections 31 and 32, a grantee in respect of any protected variety is entitled to prevent a person from doing any of the following acts in respect of the propagating material of the protected variety without the authorisation, by way of a licence or otherwise, of the grantee: ( a ) production or reproduction; ( b ) conditioning for the purpose of propagation; ( c ) offering for sale; ( d ) selling or other forms of marketing; ( e ) export; ( f ) import; ( g ) stocking for any of the purposes specified in paragraphs ( a ) to ( f ). (2) The grantee may give an authorisation subject to conditions and limitations. (3) A grant of protection is personal property and may be assigned or transmitted in the same way as other personal property. (4) An assignment of a grant of protection under subsection (3) is not effective unless it is in writing and signed by or on behalf of the assignor. (5) Subject to subsection (6), a licence granted by a grantee in respect of any protected variety is binding on every successor in title to the grantee’s interest — ( a ) except any person who, in good faith and without any notice (actual or constructive) of the licence, has given valuable consideration for the interest in the grant of protection; or ( b ) unless the licence provides otherwise, and any reference in this Act to doing anything with, or without, the consent of the grantee is to be construed accordingly. (6) Every person is deemed to have notice of a licence if the prescribed particulars of the grant of the licence are entered in the register under section 42. (7) Subject to sections 31 and 32, the rights of a grantee under subsection (1) also apply to harvested material, including entire plants and parts of plants, obtained through the unauthorised use of propagating material of the protected variety unless the grantee has had a reasonable opportunity, before the harvested material was obtained, to exercise the grantee’s rights in relation to the unauthorised use of the propagating material.


document_id: pvpa-2004
provision_ref: s29
chapter: PART 5 - SCOPE AND NATURE OF GRANT OF PROTECTION
section: 29
title: Essentially derived and certain other plant varieties
content:
29. —(1) Where a grant of protection is made under section 21, that grant of protection also extends to — ( a ) any plant variety which is essentially derived from the plant variety in respect of which the grant of protection was made (called in this section the original plant variety); ( b ) any plant variety which is not distinct in accordance with section 22(1)( b ) from the original plant variety; and ( c ) any plant variety the production of which requires the repeated use of the original plant variety. (2) For the purposes of this section, a plant variety is to be treated as being essentially derived from the original plant variety if — ( a ) it is predominantly derived from the original plant variety or from a plant variety that is itself predominantly derived from the original plant variety; ( b ) it retains the expression of the essential characteristics that result from the genotype or a combination of genotypes of the original plant variety; ( c ) it is clearly distinguishable from the original plant variety; and ( d ) except for the differences which result from the act of derivation, it conforms to the original plant variety in the expression of the essential characteristics that result from the genotype or a combination of genotypes of the original plant variety.


document_id: pvpa-2004
provision_ref: s30
chapter: PART 5 - SCOPE AND NATURE OF GRANT OF PROTECTION
section: 30
title: Infringement of grant of protection
content:
30. —(1) A grant of protection is infringed by any person who — ( a ) not being entitled by any licence or transfer or otherwise, does in Singapore, or authorises the doing in Singapore of, any act specified in section 28(1) in respect of any propagating material or harvested material of a protected variety; ( b ) where propagating material of the protected variety has been imported into Singapore, propagates, sells or uses that material as propagating material without the authority of the grantee concerned; or ( c ) imports into Singapore, without the grantee’s consent — (i) from a country that is not a UPOV member, any harvested material of the protected variety; or (ii) from a UPOV member, any harvested material of the protected variety in respect of which it is not possible to make the equivalent of a grant of protection under the law of that member. (2) Subject to the provisions of this Act, the relief that the Court may grant in an action for an infringement of a grant of protection includes an injunction (subject to such terms, if any, as the Court thinks fit) and either damages or an account of profits. (3) Where, in an action under this section — ( a ) an infringement of a grant of protection is established; and ( b ) the Court is satisfied that it is proper to do so, having regard to — (i) the flagrancy of the infringement; (ii) any benefit shown to have accrued to the defendant by reason of the infringement; and (iii) all other relevant matters, the Court may, in assessing damages for the infringement, award such additional damages as it considers appropriate in the circumstances. (4) Where, in any action under this section, it is proved or admitted that an infringement was committed but proved by the defendant that, at the time of that infringement, the defendant was not aware and had no reasonable grounds for supposing that it was an infringement, the claimant is not entitled under this section to any damages against the defendant in respect of that infringement, but is entitled instead to an account of profits in respect of that infringement. [Act 25 of 2021 wef 01/04/2022] (5) Nothing in subsection (4) affects any entitlement of a grantee to any relief in respect of the infringement of that grantee’s rights under this Act other than damages.


document_id: pvpa-2004
provision_ref: s31
chapter: PART 5 - SCOPE AND NATURE OF GRANT OF PROTECTION
section: 31
title: Exceptions to infringement of grant of protection
content:
31. —(1) It is not an infringement of a grant of protection in respect of a protected variety for any person to do — ( a ) any act privately and for a non-commercial purpose; ( b ) any act for any experimental or research purpose; or ( c ) any act for the purposes of breeding any other plant variety and, except in the case of an essentially derived or other plant variety to which the grant of protection is extended by virtue of section 29(1), any act that requires the grantee’s authorisation under section 28(1) in respect of such other variety. (2) It is not an infringement of a grant of protection for any person engaging in farming activities to use, for propagating purposes and for the purpose of safeguarding agricultural or horticultural production, on the person’s own holdings, harvested material from the protected variety where — ( a ) the genera or species within which the protected variety is classified has been prescribed for the purposes of this section as exempt from the rights of a grantee; and ( b ) the harvested material — (i) has been obtained by purchase or otherwise with the authority of the grantee concerned; or (ii) having been obtained in accordance with sub-paragraph (i), has subsequently been propagated or grown on those holdings.


document_id: pvpa-2004
provision_ref: s32
chapter: PART 5 - SCOPE AND NATURE OF GRANT OF PROTECTION
section: 32
title: Exhaustion of grant of protection
content:
32. —(1) An act concerning — ( a ) any material of a protected variety which has been sold or otherwise marketed in Singapore by or with the grantee’s consent; or ( b ) any material that is derived from such material, does not infringe a grant of protection, unless such act involves — ( c ) further propagation of the protected variety; or ( d ) the export of any material of that protected variety which enables the propagation of the protected variety to a country which does not protect varieties of the plant genus or species to which the protected variety belongs, except where the exported material is for final consumption purposes. (2) In this section, “material” means — ( a ) propagating material of any kind; and ( b ) harvested material, including entire plants and parts of plants.


document_id: pvpa-2004
provision_ref: s33
chapter: PART 6 - AUTHORISATION AND COMPULSORY LICENCES
section: 33
title: Rights under authorisation
content:
33. Where a person has been authorised to do any act mentioned in section 28(1) by licence by a grantee, that person has the same rights as the grantee to take proceedings in respect of any infringement of the rights of that grantee in respect of the protected variety which affects any right given under that licence and committed after the authorisation was granted.


document_id: pvpa-2004
provision_ref: s34
chapter: PART 6 - AUTHORISATION AND COMPULSORY LICENCES
section: 34
title: Compulsory licences
content:
34. —(1) Any person may apply to the Court for the grant of a compulsory licence to exploit a protected variety in Singapore. (2) The Court may make an order for the grant of a compulsory licence, subject to any terms that it thinks fit, in accordance with an application under subsection (1) if, and only if, the Court is satisfied that the grant of a compulsory licence is in the public interest. (3) Without limiting subsection (2), the Court may set out in its order — ( a ) the extent to which the protected variety may be exploited; and ( b ) the right of the licensee to obtain propagating material from the grantee to the extent reasonable. (4) The Court is to set out in its order the equitable remuneration which the licensee must pay to the grantee. (5) A licence must not be granted under this section to any person who is unable to demonstrate to the Court that the person will be able to exploit the protected variety in a manner acceptable to the Court. (6) A licence must not be granted under this section unless the person applying for the licence has first taken all reasonable steps to obtain authorisation from the grantee on reasonable commercial terms and conditions and has failed to obtain such authorisation within a reasonable period of time. (7) A licence granted under this section does not prevent the grantee from exploiting the protected variety himself, herself or itself or from granting a licence in this respect. (8) A licence in respect of a protected variety granted under this section may be transferred to another person, but only together with the business activity in connection with which the protected variety is exploited or is intended to be exploited. (9) A licence granted under this section may, upon the application of any interested party, be terminated by the Court where the Court is satisfied that the ground upon which the licence was granted has ceased to exist.


document_id: pvpa-2004
provision_ref: s35
chapter: PART 7 - NOTICE OF PROTECTION
section: 35
title: Notice of protection
content:
35. —(1) Where an applicant sells any propagating material of the plant variety in respect of which the applicant’s application relates, the applicant must take all reasonable steps, by means of suitable labelling or other identification of that material to inform the purchaser of the existence of that application, unless and until that application is withdrawn or lapses or the Registrar declines to make a grant in respect of that application. (2) Any person who — ( a ) has acquired any rights in respect of any plant variety under section 21, or who is a licensee of such rights; and ( b ) sells any propagating material of that plant variety, must take all reasonable steps, by means of suitable labelling or other identification of that material, to inform the purchaser of those rights. (3) In determining, for the purposes of section 30(4), whether or not any person had reasonable grounds for supposing that any action was an infringement of a grant of protection, the Court may take into account the extent (if any) to which a person mentioned in subsection (1) or (2) (as the case may be) has complied with that subsection in respect of any propagating material in relation to which that infringement occurred.


document_id: pvpa-2004
provision_ref: s36
chapter: PART 8 - DENOMINATION
section: 36
title: Approval and registration of denomination
content:
36. —(1) A plant variety in respect of which an application for a grant of protection is made is to have a denomination and, subject to subsections (2) and (3), the denomination must be approved by the Registrar and registered at the time the grant of protection is made. (2) The Registrar must approve and register a proposed denomination for a plant variety if, and only if, in the opinion of the Registrar, it complies with the prescribed requirements. (3) The Registrar must not approve or register a denomination for the plant variety which — ( a ) consists solely of figures, except where this is an established practice for designating plant varieties; ( b ) is likely to mislead or cause confusion concerning the characteristics, value or identity of the plant variety, or the breeder’s identity; ( c ) is contrary to any written law or public order, or is likely to be offensive to the public; ( d ) is likely to cause confusion with a trade mark, a name, a business or any other rights for which any person other than the applicant enjoys protection under any law; or ( e ) is likely to cause confusion with a trade mark for any material of another plant variety or for goods similar to any material of the firstmentioned plant variety for which the applicant enjoys protection under any law. (4) Where a denomination for a plant variety has previously been submitted in any UPOV member other than Singapore for the purpose of registration in that UPOV member, the denomination submitted for the purpose of an application in Singapore in respect of that plant variety must be the same as the denomination submitted in the UPOV member. (5) The Registrar must approve the denomination submitted under subsection (4) upon the grant of protection, unless the Registrar considers the denomination to be unsuitable for use within Singapore. (6) Where the Registrar refuses to approve a denomination under subsection (2), (3) or (5), the Registrar must require, and the applicant must propose, another denomination within the prescribed period.


document_id: pvpa-2004
provision_ref: s37
chapter: PART 8 - DENOMINATION
section: 37
title: Use of denomination
content:
37. —(1) Any person who offers for sale or disposes of propagating material of a protected variety must use the registered denomination for that protected variety, whether or not the term of the grant of protection has expired. (2) A person must not offer for sale or dispose of, under the registered denomination of a protected variety, propagating material of some other plant variety, whether or not the term of grant of protection has expired. (3) A registered denomination for a protected variety or a denomination which is confusingly similar to the registered denomination must not be used for any plant variety of the same plant species as the protected variety or for a plant specie which is closely related thereto or for any material of such a plant variety, so long as — ( a ) the registration of the registered denomination of the protected variety is in force; or ( b ) the registered denomination of the protected variety is still in use in respect of the commercial exploitation of the protected variety, even if the term of the grant of protection has expired. (4) A person who sells or markets the propagating material or harvested material of a protected variety may, for that purpose, associate a trademark, trade name or other similar indication which the person owns with the registered denomination of that protected variety. (5) Where a person associates a trademark, trade name or other similar indication with the registered denomination under subsection (4), the denomination must nevertheless be easily recognisable and distinct from the trademark, trade name or other similar indication.


document_id: pvpa-2004
provision_ref: s38
chapter: PART 8 - DENOMINATION
section: 38
title: Invalidation of registration of denomination
content:
38. —(1) An application for a declaration of invalidity of a registered denomination may be made to the Court on the ground that it is registered in breach of section 36(3). (2) Where — ( a ) the registration of a denomination has been declared invalid by the Court under subsection (1); or ( b ) the use of the registered denomination by the grantee has been prohibited or restricted by an order of Court pursuant to any proceedings taken under any law, the Registrar must require the grantee to submit another suitable denomination for registration within the prescribed period.


document_id: pvpa-2004
provision_ref: s39
chapter: PART 9 - REGISTER OF PLANT VARIETIES
section: 39
title: Register to be maintained
content:
39. —(1) The Registrar must maintain a register of plant varieties. (2) There must be entered in the register — ( a ) grants of protection made; ( b ) every decision of the Registrar making or declining the making of a grant; ( c ) the approved denomination for a plant variety; ( d ) any particulars of the grantee that the Registrar may determine; and ( e ) any other matters and information relating to a protected variety or grant of protection whose entry in the register appears to the Registrar to be useful. (3) The register may be kept in whole or in part using a computer. (4) Any record of a particular or other matter made by using a computer used for the purpose of keeping the register, or any part of the register, is taken to be an entry in the register.


document_id: pvpa-2004
provision_ref: s40
chapter: PART 9 - REGISTER OF PLANT VARIETIES
section: 40
title: Inspection of and extract from register
content:
40. —(1) The register is to be available at the Registry for inspection by any person during the hours when the Registry is open for business. (2) If the register, or any part of the register, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the register or that part of the register is given access to a computer terminal from which the person can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the register or that part of the register. (3) Any person who applies for a certified copy of an entry in the register or a certified extract from the register is entitled to obtain such a copy or extract on payment of the prescribed fee. (4) In relation to any portion of the register kept otherwise than in documentary form, the right to a copy or extract conferred by subsection (3) is a right to a copy or extract in a form in which it can be taken away. [16/2012] (5) In this section, “certified copy” and “certified extract” mean a copy and extract certified by the Registrar. [16/2012]


document_id: pvpa-2004
provision_ref: s41
chapter: PART 9 - REGISTER OF PLANT VARIETIES
section: 41
title: Rectification of register
content:
41. —(1) Any person having a sufficient interest may apply to the Registrar for the rectification of an error or omission in the register. (1A) An application for rectification is subject to the rules mentioned in section 54(2)( ea ). [Act 7 of 2022 wef 26/05/2022] (2) Except where the Registrar directs otherwise, the effect of a rectification of the register is that the error or omission in question is deemed never to have been made. (3) Subject to subsection (4), an application for rectification may not be made in respect of a matter affecting the validity of a grant of protection. (4) The Registrar may make any correction in the register pursuant to any Court order affecting a grant of protection. (5) The Registrar may remove from the register any matter which appears to him or her to have ceased to have effect.


document_id: pvpa-2004
provision_ref: s42
chapter: PART 9 - REGISTER OF PLANT VARIETIES
section: 42
title: Changes reflected in register
content:
42. —(1) The Registrar may enter the following in the register: ( a ) any change in the grantee’s name or address; ( b ) any change in ownership of the rights in relation to a grant of protection; ( c ) a note of any licence granted by a grantee, upon receiving such information under section 24(3) or on request made in the prescribed manner by the grantee of a registered grant of protection. (2) Where a grant of protection has been transferred to another person, or a licence (including a licence granted under section 34) has been granted or transferred, an entry of this fact must, upon request and the payment of the prescribed fee, be made in the register.


document_id: pvpa-2004
provision_ref: s43
chapter: PART 9 - REGISTER OF PLANT VARIETIES
section: 43
title: Registration to be prima facie evidence of validity
content:
43. In any proceedings before the Court relating to a grant of protection — ( a ) the entry in the register of a person as a grantee is prima facie evidence of the validity of the grant of protection; and ( b ) the entry in the register of any change in ownership of the rights in relation to the grant of protection is prima facie evidence of such change in ownership.


document_id: pvpa-2004
provision_ref: s44
chapter: PART 10 - OFFENCES
section: 44
title: Falsification of register
content:
44. Any person who — ( a ) makes, or causes to be made, a false entry in the register; ( b ) makes, or causes to be made, any thing false purporting to be a copy of an entry in the register; or ( c ) produces or tenders, or causes to be produced or tendered in evidence any thing mentioned in paragraph ( b ), knowing or having reason to believe that the entry or thing (as the case may be) is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both.


document_id: pvpa-2004
provision_ref: s45
chapter: PART 10 - OFFENCES
section: 45
title: Falsely representing plant variety as protected variety
content:
45. Any person who — ( a ) falsely represents that a plant variety is a protected variety; or ( b ) makes a false representation as to the propagating material of a protected variety, knowing or having reason to believe that the representation is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: pvpa-2004
provision_ref: s46
chapter: PART 10 - OFFENCES
section: 46
title: Misuse of denomination
content:
46. Any person who wilfully or negligently acts in contravention of section 37(1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: pvpa-2004
provision_ref: s47
chapter: PART 11 - MISCELLANEOUS
section: 47
title: Registrar not liable in respect of official acts
content:
47. —(1) The Registrar and any officer of the Registry are not to be taken to warrant the correctness or validity of a grant of protection or the registration of a denomination under this Act or under any international agreement or convention to which Singapore is a party. (2) The Registrar, any officer of the Registry and any Examiner mentioned in section 17(1) and officer thereof (if the Examiner is not an individual), do not incur any liability by reason only of, or in connection with, any examination required or authorised by this Act, or any such international agreement or convention, or any report or other proceedings consequent on such examination. [16/2014]


document_id: pvpa-2004
provision_ref: s48
chapter: PART 11 - MISCELLANEOUS
section: 48
title: Right of appeal
content:
48. —(1) Except as provided in subsection (2) or by rules made under this Act, there is no appeal to the Court from a decision of the Registrar for any matter under this Act. (2) The following are subject to appeal to the Court: ( a ) a decision of the Registrar to decline to make a grant of protection; ( b ) a decision of the Registrar to make a grant of protection; ( c ) a decision of the Registrar approving or disapproving a proposed denomination. (3) An appeal does not lie to the appellate court from a decision of the Court on appeal from a decision of the Registrar for any matter under this Act unless permission to appeal is given by the appellate court. [Act 25 of 2021 wef 01/04/2022] [23/2019; 40/2019] (4) In this section, “appellate court” means the court to which an appeal under subsection (3) is to be made under section 29C of the Supreme Court of Judicature Act 1969. [40/2019]


document_id: pvpa-2004
provision_ref: s49
chapter: PART 11 - MISCELLANEOUS
section: 49
title: Forms and directions of Registrar
content:
49. The Minister may make rules for the publication by the Registrar of — ( a ) the forms to be used for any purpose relating to a grant of protection or any other proceedings before the Registrar under this Act; and ( b ) the practice directions issued by the Registrar.


document_id: pvpa-2004
provision_ref: s49A
chapter: PART 11 - MISCELLANEOUS
section: 49A
title: Amendment of documents
content:
49A. Subject to the rules mentioned in section 54(2)( ea ), the Registrar may, at the written request of a person who has made any application under this Act (including an application for a grant of protection for a plant variety), or filed a notice or other document for the purposes of this Act, or at the written request of the person’s agent, amend the application, notice or document — ( a ) to correct a clerical error or an obvious mistake; or ( b ) if the Registrar is of the opinion that it is fair and reasonable in all the circumstances of the case to do so. [16/2012] [Act 7 of 2022 wef 26/05/2022]


document_id: pvpa-2004
provision_ref: s50
chapter: PART 11 - MISCELLANEOUS
section: 50
title: Fees
content:
50. —(1) There must be paid in respect of applications, grants, registrations and other matters under this Act such fees as may be prescribed. [16/2012] (2) The Minister may make rules as to the remission of fees under prescribed circumstances. (3) All fees collected must be paid into the funds of the Office. [16/2012]


document_id: pvpa-2004
provision_ref: s51
chapter: PART 11 - MISCELLANEOUS
section: 51
title: Hours of business and excluded days
content:
51. —(1) The Registrar may issue practice directions to specify — ( a ) the hours of business of the Registry; and ( b ) the days which are to be treated as excluded days. (2) The Minister may prescribe the effect of doing any business under this Act — ( a ) on any day after the hours of business of the Registry; or ( b ) on any day which is an excluded day. (3) For the purposes of subsections (1) and (2) — ( a ) different hours of business may be specified for different classes of business; ( b ) different excluded days may be specified for different classes of business; and ( c ) different effects of doing business — (i) outside the hours of business of the Registry; or (ii) on an excluded day, may be prescribed for different classes of business.


document_id: pvpa-2004
provision_ref: s52
chapter: PART 11 - MISCELLANEOUS
section: 52
title: Composition of offences
content:
52. —(1) The Registrar or any person authorised in writing by the Registrar 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 ) $5,000. [Act 23 of 2019 wef 10/06/2022] (2) The Office may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. [2/2007] (2A) On payment of the sum of money, no further proceedings are to be taken against such person in respect of the offence. [2/2007] (3) All sums collected under this section must be paid into the Consolidated Fund. [Act 23 of 2019 wef 10/06/2022]


document_id: pvpa-2004
provision_ref: s53
chapter: PART 11 - MISCELLANEOUS
section: 53
title: Jurisdiction of court
content:
53. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: pvpa-2004
provision_ref: s54
chapter: PART 11 - MISCELLANEOUS
section: 54
title: Rules
content:
54. —(1) The Minister may make rules — ( a ) for prescribing anything authorised or required by this Act to be prescribed; and ( b ) generally for regulating practice and procedure under this Act. (2) Without limiting subsection (1), rules made under this section may make provision — ( a ) as to the manner of making applications and filing other documents and in respect of anything that is to accompany or to be furnished together with any application; ( b ) as to the procedure to be followed in connection with any application or request to the Registrar or in connection with any proceedings or other matter before the Registrar, and the rectification of irregularities of procedure; ( c ) providing for the testing and treatment of plant varieties to which applications relate; ( d ) requiring and regulating the translation of documents and the filing and authentication of any translation; ( e ) as to the service of documents; ( ea ) to enable the Registrar to publish — (i) an application to rectify an error or omission in the register; and (ii) a request to amend an application (including one for a grant of protection for a plant variety), a notice or other document filed for the purpose of this Act, and to provide for the making of objections to the rectification or amendment by a person claiming to be affected by it; [Act 7 of 2022 wef 26/05/2022] ( f ) prescribing time limits for anything required to be done under this Act; ( g ) providing for the extension of any time limit prescribed or specified by the Registrar, whether or not it has already expired; ( h ) providing for the forfeiture of any priority given in respect of an application; ( i ) authorising the preparation, publication, sale and exchange of copies of diagrams, photographs and documents filed with the Registry, and indexes and abridgments to them; ( j ) prescribing the mode of publishing any matters required by this Act to be published; ( k ) prescribing the requirements to be met in selecting the denomination of plant varieties, and providing for the approval or rejection by the Registrar of any denomination or the amendment to any denomination; and ( l ) prescribing fees and charges for the purposes of this Act.


document_id: pwa-2024
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Platform Workers Act 2024 and comes into operation on a date that the Minister appoints by notification in the Gazette . (2) A notification made under this section may specify that different provisions of the Fourth to Tenth Schedules come into operation on different days.


document_id: pwa-2024
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. In this Act — “authorised officer” means an individual who is appointed under section 80(1)( a ); “civil contravention” means a contravention that is declared to be a civil contravention under section 76; “Commissioner” means the Commissioner for Labour appointed under section 3(1) of the Employment Act 1968; “earnings”, in relation to a platform worker, means all payments payable to the platform worker in relation to the platform worker’s provision of a platform service for a platform operator under a platform work agreement (including any bonus earned by the platform worker from the platform operator), but does not include the following amounts: ( a ) contributions paid by the platform operator towards any pension or provident fund for the platform worker; ( b ) payments to the platform worker to cover any special expenses incurred by the platform worker by reason of the platform worker’s provision of the platform service; “payment” includes a commission; “platform work agreement” means a contract or other agreement (whether written or oral and whether express or implied) between a platform operator and a platform worker, under which the platform worker performs tasks in Singapore in relation to the provision of a platform service to service users for the platform operator, but does not include a contract of service within the meaning given by section 2(1) of the Employment Act 1968; “service user”, in relation to a platform service, means a person who uses the platform service; “task”, in relation to a platform service, means a task — ( a ) for which a request is taken or facilitated by a platform operator; and ( b ) that is performed by a platform worker providing the platform service to one or more service users for the platform operator.


document_id: pwa-2024
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of platform service
content:
3. —(1) In this Act, “platform service” means a service specified in the First Schedule that is provided in Singapore via a digital platform or other platform by a platform operator exercising management control in respect of the provision of that service by one or more platform workers of the platform operator. (2) A platform worker provides a platform service to a service user for a platform operator by performing one or more tasks in relation to the provision of the platform service by the platform operator to the service user.


document_id: pwa-2024
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of platform operator
content:
4. —(1) In this Act, “platform operator” means a person who — ( a ) provides a platform service in Singapore by — (i) entering into a contract or other agreement with one or more service users to provide that platform service to those service users; and (ii) exercising management control in respect of the provision of that platform service by one or more platform workers of the person; and ( b ) satisfies any other requirement that may be prescribed, but excludes any person that the Minister may prescribe by order in the Gazette . (2) A person ( P ) does not cease to be a platform operator by reason only that P has engaged any other person — ( a ) to carry out or operate any part of the provision of a platform service on P ’s behalf, including as a subcontractor; or ( b ) to exercise management control on P ’s behalf in respect of the provision of a platform service by any platform worker for P . (3) In this section, “person” means — ( a ) an individual whether or not a resident or citizen of Singapore and whether physically present in Singapore or outside Singapore; or ( b ) any of the following entities whether formed, constituted or registered in Singapore or outside Singapore: (i) a body corporate (including a limited liability partnership); (ii) an unincorporated association; (iii) a partnership; (iv) a person other than an individual.


document_id: pwa-2024
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Meaning of platform worker
content:
5. —(1) In this Act, “platform worker” means an individual who — ( a ) has an agreement (whether written or oral and whether express or implied) with a platform operator to provide a platform service in Singapore to service users for the platform operator; ( b ) is subject to the management control of the platform operator in respect of the individual’s provision of the platform service; ( c ) derives or will derive, under the agreement mentioned in paragraph ( a ), any payment or benefit in kind from the individual’s provision of the platform service for the platform operator; and ( d ) is in Singapore when providing the platform service, but excludes an individual who belongs to a prescribed class of individuals. (2) In subsection (1), “agreement” does not include a contract of service within the meaning given by section 2(1) of the Employment Act 1968.


document_id: pwa-2024
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Meaning of management control in respect of provision of platform service
content:
6. —(1) For the purposes of this Act, a person ( A ) exercises management control in respect of the provision of a platform service by an individual ( B ) for A if all of the following are satisfied: ( a ) A uses, for any specified purpose, data relating to — (i) service users and persons who intend to use that platform service; and (ii) individuals (other than employees of A ) who perform or intend to perform tasks in relation to the provision of that platform service for A ; ( b ) A ’s use of the data mentioned in paragraph ( a ) for the specified purpose does not involve human intervention on a regular or routine basis; ( c ) subject to subsection (3), A imposes on B , in relation to B ’s provision of the platform service for A , any requirement, prohibition or restriction specified in the Second Schedule. (2) In subsection (1), “specified purpose” means all or any of the following: ( a ) determining whether B is eligible to provide the platform service for A ; ( b ) allocating one or more tasks to B to perform, or determining the task or tasks that B may choose to perform, in relation to B ’s provision of the platform service for A ; ( c ) determining the payment payable to B , or the benefit in kind to which B is entitled, in relation to the task or tasks B performed in relation to B ’s provision of the platform service for A ; ( d ) any other prescribed purpose. (3) Subsection (1)( c ) does not include any requirement, prohibition or restriction imposed by A on B under or in accordance or in compliance with any written law. (4) Without affecting subsection (1), A is presumed, unless proven otherwise, to exercise management control in respect of B ’s provision of a platform service for A if — ( a ) B provides the platform service for A under a platform work agreement between A and B ; and ( b ) A requires B to access the tasks to be performed by B in relation to B ’s provision of the platform service for A by — (i) using an app provided or specified by A ; or (ii) accessing a website specified or designated by A . (5) In this section — “app” includes a computer program; “data” includes individually‑identifiable information and anonymised or aggregated information; “use” of any data includes the organisation, adaptation, alteration or combination of that data.


document_id: pwa-2024
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title:
No contracting out of rights of platform worker to join, participate in or organise platform work associations

content:
7. —(1) Subject to any other written law for the time being in force, every term of an agreement between a platform operator and any platform worker which purports to restrict or exclude, in any way, the right of any platform worker to do any of the following is void: ( a ) to join a registered platform work association; ( b ) to participate in the activities of a registered platform work association, whether as an officer of the registered platform work association or otherwise; ( c ) to associate with any other persons for the purpose of organising a platform work association in accordance with the provisions of Part 3. (2) A platform operator that enters or purports to enter into an agreement with a term mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in the case of a second or subsequent offence — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (3) In this section, “registered platform work association” has the meaning given by section 19.


document_id: pwa-2024
provision_ref: s8
chapter: PART 2 - PLATFORM OPERATORS
section: 8
title: Platform operator must notify Commissioner
content:
8. —(1) A person that satisfies the criteria to be a platform operator under section 4 must notify the Commissioner of that fact — ( a ) within the prescribed time; and ( b ) in the form and manner that the Commissioner requires. (2) A notification under subsection (1) must — ( a ) include the name and particulars of the person notifying and any other particulars prescribed; and ( b ) be accompanied by the prescribed fee, if any. (3) The Commissioner may, in relation to a notification submitted in accordance with subsection (1), require the person notifying to provide any other information or document that the Commissioner requires.


document_id: pwa-2024
provision_ref: s9
chapter: PART 2 - PLATFORM OPERATORS
section: 9
title: Notification of cessation as platform operator
content:
9. A platform operator that ceases to be a platform operator within the meaning of section 4 must notify the Commissioner of that fact within the prescribed time.


document_id: pwa-2024
provision_ref: s10
chapter: PART 2 - PLATFORM OPERATORS
section: 10
title: Power of Commissioner to require notification
content:
10. —(1) The Commissioner may, for the purpose of ascertaining whether any person is a platform operator, do either or both of the following: ( a ) by written notice, require the person to provide any report, document or information in respect of any business activity of the person; ( b ) enter the business premises of the person during normal business hours and carry out any inspection that the Commissioner may think necessary. (2) The Commissioner may determine that a person is a platform operator within the meaning of section 4 and require the person to submit a notification under section 8(1).


document_id: pwa-2024
provision_ref: s11
chapter: PART 2 - PLATFORM OPERATORS
section: 11
title: Compliance with obligations of platform operator
content:
11. To avoid doubt, where a person is a platform operator within the meaning of section 4, the person’s notification or failure to notify under section 8 or 9 does not affect the person’s obligation to comply with any requirement applicable to a platform operator under this Act or any other written law.


document_id: pwa-2024
provision_ref: s12
chapter: PART 2 - PLATFORM OPERATORS
section: 12
title: List of platform operators
content:
12. The Commissioner may publish a list of platform operators known to the Commissioner in any manner that the Commissioner considers appropriate. Division 2 &#x2014; Obligations of platform operator


document_id: pwa-2024
provision_ref: s13
chapter: PART 2 - PLATFORM OPERATORS
section: 13
title: Platform operator’s obligation — records in respect of platform workers
content:
13. —(1) A platform operator must make, and keep for the period prescribed (called in this section the record retention period), specified records containing the prescribed particulars for — ( a ) every platform worker who provides a platform service for the platform operator; and ( b ) every individual who has ceased to provide a platform service for the platform operator (called in this section the former platform worker). (2) A platform operator must ensure that a specified record made and kept under subsection (1) is, during the record retention period prescribed for the specified record, readily accessible to the platform worker or former platform worker to which the specified record relates. (3) A platform operator is taken to have failed to comply with subsection (1) if the platform operator makes or keeps a specified record that is incomplete or inaccurate, whether or not the platform operator knew that the specified record is incomplete or inaccurate. (4) Different record retention periods may be prescribed for different classes of platform workers or former platform workers, for different platform services and for different types of specified records. (5) In this section, “specified record”, for a platform worker or former platform worker of a platform operator, means a record of information or particulars about the provision by the platform worker or former platform worker (as the case may be) of a platform service for the platform operator.


document_id: pwa-2024
provision_ref: s14
chapter: PART 2 - PLATFORM OPERATORS
section: 14
title: Platform operator’s obligation — earnings slips for platform workers
content:
14. —(1) A platform operator must give to every platform worker, within the prescribed time, an earnings slip for all earnings paid by the platform operator in respect of each task performed by the platform worker in relation to the platform worker’s provision of a platform service for the platform operator. (2) To avoid doubt, subsection (1) continues to apply where the platform worker, at any time after performing the task mentioned in that subsection, ceases to provide the platform service for the platform operator for any reason. (3) An earnings slip given by a platform operator to a platform worker must be in the form prescribed (if any) and must contain all the information prescribed. (4) The requirement to give an earnings slip to a platform worker under subsection (1) is satisfied if an electronic record containing the information prescribed for the purposes of subsection (3) is provided in a manner that enables the information contained in the electronic record to be accessible and useable by the platform worker for subsequent reference. (5) Where an earnings slip is in respect of 2 or more tasks performed by the platform worker in relation to the platform worker’s provision of a platform service for the platform operator, the platform operator — ( a ) must provide the earnings slip, within the prescribed time, in respect of the earliest task performed by the platform worker that is included in the document or electronic record; and ( b ) must ensure that the earnings slip contains the information prescribed for the purposes of subsection (3) in respect of each task included in the document or electronic record. (6) A platform operator is taken to have failed to comply with subsection (1) if the earnings slip given to a platform worker is incomplete or inaccurate, whether or not the platform operator knew that the earnings slip is incomplete or inaccurate. Division 3 &#x2014; Judicial management, insolvency or
bankruptcy of platform operator


document_id: pwa-2024
provision_ref: s15
chapter: PART 2 - PLATFORM OPERATORS
section: 15
title: Judicial management of platform operator
content:
15. —(1) This section applies where a platform operator that is a company enters judicial management under the Insolvency, Restructuring and Dissolution Act 2018. (2) Where platform workers of the platform operator — ( a ) are creditors, by reason that earnings are payable to them under platform work agreements or any award or agreement regulating conditions under which the platform workers provide a platform service for the platform operator or otherwise; and ( b ) are members of a platform work association that is recognised by the platform operator under the Industrial Relations Act 1960, it is sufficient compliance by the judicial manager with sections 105, 107 and 108 of the Insolvency, Restructuring and Dissolution Act 2018 if the notice, statement of proposals and revised proposals mentioned in those sections are sent to the platform work association representing the platform workers. (3) A platform work association to which subsection (2) applies — ( a ) is entitled to represent any such platform workers at a meeting of creditors summoned under section 107(1) of the Insolvency, Restructuring and Dissolution Act 2018 or, with the permission of the General Division of the High Court, to apply to the General Division of the High Court under section 115 of that Act on their behalf; and ( b ) may make representations to the judicial manager on behalf of those platform workers, in respect of any matter connected with or arising from the continuation or termination of their platform work agreements, or any matter relating to any award made by the Industrial Arbitration Court under the Industrial Relations Act 1960 or any collective agreement certified under that Act that affects those platform workers.


document_id: pwa-2024
provision_ref: s16
chapter: PART 2 - PLATFORM OPERATORS
section: 16
title: Priority of specified debts relating to platform workers in winding up of platform operator
content:
16. —(1) This section applies in relation to a winding up of a platform operator that is a company under the Insolvency, Restructuring and Dissolution Act 2018. (2) The following must be paid in priority over all unsecured debts of the platform operator other than the preferential debts specified in section 203(1)( a ) to ( h ) of the Insolvency, Restructuring and Dissolution Act 2018, and rank in priority after the debts specified in section 203(1)( h ) but before those specified in section 203(1)( i ) of that Act: ( a ) first, all earnings payable to a platform worker, including any amount payable by way of reimbursement under any platform work agreement or any award or agreement regulating the conditions under which any platform worker provides a platform service for the platform operator; ( b ) second, all amounts due in respect of any work injury compensation payable to or for the benefit of a platform worker under the Work Injury Compensation Act 2019 accrued before, on or after the commencement of the winding up; ( c ) third, all amounts due in respect of contributions payable, during a period of 12 consecutive months commencing not earlier than 12 months before and ending not later than 12 months after the commencement of the winding up, by the platform operator, under any written law relating to platform workers’ superannuation or provident funds. (3) The amount payable under subsection (2)( a ) must not exceed any amount that may be prescribed by the Minister by order in the Gazette . (4) The debts in each class specified in subsection (2) rank in the order specified in that subsection but debts of the same class rank equally between themselves, and are to be paid in full, unless the property of the platform operator is insufficient to meet them, in which case the debts of the same class abate in equal proportions between themselves. (5) Where any payment has been made to any platform worker of the platform operator on account of earnings out of money advanced by a person for that purpose, the person by whom the money was advanced, in a winding up — ( a ) has a right of priority in respect of the money so advanced and paid, up to the amount by which the sum in respect of which the platform worker would have been entitled to priority in the winding up has been diminished by reason of the payment; and ( b ) has the same right of priority in respect of that amount as the platform worker would have had if the payment had not been made. (6) So far as the assets of the platform operator available for payment of general creditors are insufficient to meet any preferential debts specified in — ( a ) section 203(1)( a ), ( b ), ( c ), ( d ), ( e ), ( g ) and ( h ) of the Insolvency, Restructuring and Dissolution Act 2018; ( b ) subsection (2)( a ) and ( c ); and ( c ) any amount payable in priority by virtue of subsection (5) or section 203(5) of the Insolvency, Restructuring and Dissolution Act 2018, those debts — ( d ) have priority over the claims of the holders of debentures under any floating charge created by the platform operator (which charge, as created, was a floating charge); and ( e ) must be paid accordingly out of any property comprised in or subject to that charge. (7) Despite anything in subsection (2), paragraph ( b ) of that subsection does not apply in relation to the winding up of a platform operator that is a company in any case where — ( a ) the company is being wound up voluntarily merely for the purpose of reconstruction or amalgamation with another company, and the right to the compensation has on the reconstruction or amalgamation been preserved to the person entitled to that right; or ( b ) the platform operator has entered into a contract with an insurer in respect of any liability under any law relating to work injury compensation.


document_id: pwa-2024
provision_ref: s17
chapter: PART 2 - PLATFORM OPERATORS
section: 17
title:
Priority of specified debts relating to platform workers where debt repayment scheme applicable to platform operator

content:
17. —(1) This section applies in relation to a platform operator who is a debtor within the meaning given by section 288(1) of the Insolvency, Restructuring and Dissolution Act 2018. (2) The following must be paid under a debt repayment plan applicable to the platform operator in priority to all other debts proved under the debt repayment scheme to which the plan relates and included in the plan, other than the debts specified in section 296(1)( a ) to ( g ) of the Insolvency, Restructuring and Dissolution Act 2018, and rank in priority after the debts specified in section 296(1)( g ) but before those specified in section 296(1)( h ) of that Act: ( a ) first, all earnings payable to a platform worker, including any amount payable by way of reimbursement under any platform work agreement or any award or agreement regulating the conditions in which any platform worker provides a platform service for the platform operator; ( b ) second, all amounts due in respect of any work injury compensation payable to or for the benefit of a platform worker under the Work Injury Compensation Act 2019 accrued before, on or after the effective date of the scheme; ( c ) third, all amounts due in respect of contributions payable, during a period of 12 consecutive months commencing not earlier than 12 months before and ending not later than 12 months after the effective date of the scheme, by the platform operator, under any written law relating to platform workers’ superannuation or provident funds. (3) The amount payable under subsection (2)( a ) must not exceed any amount that may be prescribed by the Minister by order in the Gazette . (4) The debts in each class specified in subsection (2) rank in the order specified in that subsection but debts of the same class rank equally between themselves, and are to be paid in full, unless the amount standing to the credit of the debtor in the Debt Repayment Schemes Account (within the meaning given by section 28 of the Insolvency, Restructuring and Dissolution Act 2018) is insufficient to meet them, in which case the debts of the same class abate in equal proportions between themselves. (5) Where any payment has been made to any platform worker of the platform operator on account of earnings out of money advanced by a person for that purpose, the person by whom the money was advanced — ( a ) has, under the debt repayment plan, a right of priority in respect of the money so advanced and paid, up to the amount by which the sum in respect of which the platform worker would have been entitled to priority under this section has been diminished by reason of the payment; and ( b ) has the same right of priority in respect of that amount as the platform worker would have had if the payment had not been made.


document_id: pwa-2024
provision_ref: s18
chapter: PART 2 - PLATFORM OPERATORS
section: 18
title: Priority of specified debts relating to platform workers in bankruptcy of platform operator
content:
18. —(1) This section applies in relation to the bankruptcy of a platform operator under the Insolvency, Restructuring and Dissolution Act 2018. (2) In the distribution of the property of the platform operator, the following have priority over all other debts of the platform operator other than the preferential debts specified in section 352(1)( a ) to ( g ) of the Insolvency, Restructuring and Dissolution Act 2018, and rank in priority after the debts specified in section 352(1)( g ) but before those specified in section 352(1)( h ) of that Act: ( a ) first, all earnings payable to a platform worker, including any amount payable by way of reimbursement under any platform work agreement or any award or agreement regulating the conditions in which any platform worker provides a platform service for the platform operator; ( b ) second, all amounts due in respect of any work injury compensation payable to or for the benefit of a platform worker under the Work Injury Compensation Act 2019 accrued before, on or after the date of the bankruptcy order; ( c ) third, all amounts due in respect of contributions payable, during a period of 12 consecutive months commencing not earlier than 12 months before and ending not later than 12 months after the date of the bankruptcy order, by the platform operator, under any written law relating to platform workers’ superannuation or provident funds. (3) The amount payable under subsection (2)( a ) must not exceed any amount that may be prescribed by the Minister by order in the Gazette . (4) The debts in each class specified in subsection (2) rank in the order specified in that subsection but debts of the same class rank equally between themselves, and are to be paid in full, unless the property of the platform operator is insufficient to meet them, in which case the debts of the same class abate in equal proportions between themselves. (5) Where any payment has been made to any platform worker of the platform operator on account of earnings out of money advanced by a person for that purpose, the person by whom the money was advanced, in a bankruptcy — ( a ) has a right of priority in respect of the money so advanced and paid, up to the amount by which the sum in respect of which the platform worker would have been entitled to priority in the bankruptcy has been diminished by reason of the payment; and ( b ) has the same right of priority in respect of that amount as the platform worker would have had if the payment had not been made.


document_id: pwa-2024
provision_ref: s19
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 19
title: Interpretation of this Part
content:
19. In this Part — “delegate”, in relation to a platform work association, means a person who is elected or appointed in accordance with the rules of the platform work association to attend and vote at a meeting of the platform work association on behalf of any number of members of the platform work association; “executive” means the body, by whatever name called, to which the management of the affairs of a platform work association or any branch of a platform work association is entrusted; “industrial action” means the adoption, in furtherance of a work dispute, of any practice, procedure or method in the provision of a platform service which would result in the limitation or restriction in the performance of tasks by platform workers in relation to the provision of that platform service; “lockout” means — ( a ) the suspension or termination by a platform operator of the right or ability of any number of platform workers to obtain tasks assigned or facilitated by the platform operator; or ( b ) the refusal of a platform operator to assign tasks to, or facilitate tasks for, any number of platform workers, in consequence of a work dispute, where the suspension, termination or refusal (as the case may be) is with a view to — ( c ) compelling those platform workers to accept terms or conditions of, or affecting the provision of, any platform service by those platform workers for that platform operator; or ( d ) aiding another platform operator in compelling platform workers of that platform operator to accept terms or conditions of, or affecting the provision of, any platform service by those platform workers for the other platform operator; “officer”, in relation to a platform work association — ( a ) includes any member of the executive of the platform work association and any member of any committee, provision for which is made in the rules of the platform work association; but ( b ) does not include an auditor; “platform work association” means any association or combination of platform workers or platform operators, whether temporary or permanent, whose principal object is to regulate relations between platform workers and platform operators for all or any of the following purposes: ( a ) to promote good industrial relations between platform workers and platform operators; ( b ) to improve the working conditions of platform workers or enhance their economic and social status; ( c ) to achieve the raising of productivity for the benefit of platform workers, platform operators and the economy of Singapore; “Register” means the register of platform work associations kept and maintained by the Registrar under section 21; “registered office” means the office of a platform work association which is registered under this Part as the head office of the platform work association; “registered platform work association” means a platform work association registered under this Part; “Registrar” means the Registrar of Platform Work Associations appointed under section 20(1)( a ) and includes any Assistant Registrar of Platform Work Associations appointed under section 20(1)( b ); “requisite consent”, in relation to a platform work association, means the consent, obtained by secret ballot, of — ( a ) the majority of the members of the platform work association voting on their own behalf on the matter for which consent is sought; or ( b ) where the rules of the platform work association allow or require a decision on that matter to be taken by means of voting by delegates and the decision is taken using that means — two‑thirds of the total number of delegates representing the members; “strike” means — ( a ) the cessation of the provision of a platform service by a body of platform workers providing that platform service acting in combination; or ( b ) a concerted refusal, or a refusal under a common understanding, of any number of platform workers who are or have been providing a platform service for a platform operator to continue to do so or to accept tasks to provide that platform service allocated or facilitated by a platform operator, where the cessation or refusal (as the case may be) is in furtherance of a work dispute; “work dispute” means any dispute between platform workers and one or more platform operators, between platform workers or between platform operators, which is connected with — ( a ) whether a person is engaged or otherwise allowed to provide any platform service for a platform operator; or ( b ) the terms under which or the conditions in which a platform worker provides a platform service.


document_id: pwa-2024
provision_ref: s20
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 20
title: Appointment of Registrar, etc.
content:
20. —(1) The Minister may appoint, from public officers — ( a ) a Registrar of Platform Work Associations; and ( b ) one or more Assistant Registrars of Platform Work Associations. (2) The Registrar is responsible for the administration of this Part, and may exercise all the powers and perform all the duties and functions of the Registrar under this Part, subject to any general or special directions of the Minister. (3) An Assistant Registrar of Platform Work Associations may exercise all the powers and perform all the duties and functions of the Registrar under any provision of this Part, subject to any condition or limitation that the Registrar may specify.


document_id: pwa-2024
provision_ref: s21
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 21
title: Register of platform work associations
content:
21. —(1) The Registrar must keep and maintain a register of platform work associations which must contain the prescribed particulars of each registered platform work association. (2) The Register may be kept, in whole or in part, in an electronic form. (3) The Registrar may require an officer or a member of a registered platform work association to produce any document or provide any information as the Registrar may require for the purposes of maintaining the Register. (4) A certified copy of any entry in the Register is conclusive proof of the facts specified in that entry as on the date of the certified copy. Division 2 &#x2014; Registration of platform work associations


document_id: pwa-2024
provision_ref: s22
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 22
title: Registration of platform work associations
content:
22. —(1) Every platform work association must apply to be registered under this Part within a period of one month starting from the date on which it is established. (2) The Registrar may, from time to time, grant an extension of the period mentioned in subsection (1), provided that no such period is, in any particular case, extended so as to exceed a period of 6 months in aggregate. (3) For the purposes of this Part, a platform work association is established on the first date on which any platform workers or platform operators agree to become or create an association or a combination for the furtherance of any one or more of the objects specified in the definition of “platform work association” in section 19. (4) For the purposes of any prosecution of a platform work association which fails to apply for registration in accordance with this section, the following apply: ( a ) the date of establishment of that platform work association, in the absence of proof of the date mentioned in subsection (3), is deemed to be — (i) the date on which any person is proved to have been accepted or admitted as a member of that platform work association; or (ii) the date on which any act is proved to have been done by that platform work association in furtherance of any one or more of the objects specified in the definition of “platform work association” in section 19; ( b ) where proof is available of both the dates mentioned in paragraph ( a )(i) and (ii), the date of establishment of that platform work association is deemed to be the earlier of those dates.


document_id: pwa-2024
provision_ref: s23
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 23
title: Application for registration
content:
23. —(1) Every application for registration as a registered platform work association must be — ( a ) made to the Registrar in the prescribed form; and ( b ) signed by at least 7 members of the platform work association, at least one of whom must be an officer of the platform work association. (2) Every application must be accompanied by — ( a ) the prescribed application fee; ( b ) a copy of the rules of the platform work association; and ( c ) a statement of the prescribed particulars of — (i) the members of the platform work association mentioned in subsection (1)( b ); and (ii) the officers of the platform work association. (3) The Registrar may call for further information for the purpose of satisfying himself or herself that any application for registration complies with this section or that an applicant is entitled to registration as a registered platform work association under this Part.


document_id: pwa-2024
provision_ref: s24
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 24
title: Registration
content:
24. —(1) After consideration of an application for registration as a registered platform work association, the Registrar may — ( a ) subject to section 25, register the applicant as a registered platform work association in the prescribed manner if the Registrar is satisfied as to the matters in subsection (2); or ( b ) refuse to register the applicant as a registered platform work association. (2) The matters mentioned in subsection (1)( a ) are the following: ( a ) the applicant has complied with the provisions of this Part; ( b ) the objects, rules and constitution of the applicant are not unlawful and do not conflict with any provision of this Part; ( c ) the rules and constitution of the applicant are not oppressive or unreasonable; ( d ) the applicant is not likely to be used for unlawful purposes or for purposes inconsistent with its objects and rules; ( e ) where the applicant is an association or a combination of platform workers providing a platform service, it is not likely to be used against the interests of the platform workers providing that platform service; ( f ) where the applicant is an association or a combination of platform workers providing a platform service, there is no existing platform work association registered in respect of that platform service. (3) Despite subsection (1)( a ), if any of the objects of an applicant is unlawful, the registration of a registered platform work association is void. (4) The Registrar, on registering a platform work association under subsection (1)( a ), must issue to the registered platform work association a certificate of registration in the prescribed form. (5) A certificate of registration, unless proved to have been cancelled, is conclusive evidence for all purposes that the platform work association has been duly registered under this Part.


document_id: pwa-2024
provision_ref: s25
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 25
title: Power of Registrar to require alteration of name
content:
25. —(1) If the name under which a platform work association is proposed to be registered — ( a ) is identical with the name by which any other platform work association has been registered; or ( b ) in the Registrar’s opinion, so nearly resembles the name by which any other platform work association has been registered as to be likely to deceive or mislead the public or the members of either platform work association, the Registrar must require an applicant to alter the name of the platform work association stated in the application for registration. (2) The Registrar must not register the applicant until the alteration has been made.


document_id: pwa-2024
provision_ref: s26
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 26
title: Cancellation of registration
content:
26. —(1) The Registrar may cancel the registration of a registered platform work association in any of the following cases: ( a ) at the request of the registered platform work association upon its dissolution to be verified in the manner required by the Registrar; ( b ) if the Registrar is satisfied that — (i) the registration was obtained by fraud or mistake; (ii) any of the objects or rules of the registered platform work association is unlawful; (iii) the constitution of the registered platform work association or of its executive is unlawful; (iv) the registered platform work association is being used for any unlawful purpose or any purpose inconsistent with its objects and rules; (v) the registered platform work association has rescinded any rule providing for any matter for which provision is required under section 48, or has wilfully and after notice from the Registrar — (A) contravened any provision of this Part or allowed any rule to continue in force which is inconsistent with that provision; or (B) allowed any rule to continue in force which is, in the Registrar’s opinion, oppressive or unreasonable; (vi) the funds of the registered platform work association are expended in an unlawful manner or on an unlawful object or on an object not authorised by the rules of the registered platform work association; or (vii) the registered platform work association has ceased to exist; ( c ) in the case of a registered platform work association of platform workers providing a platform service — if the Registrar is satisfied that the registered platform work association is being used, or is likely to be used, against the interests of platform workers providing that platform service; ( d ) in the case of a registered platform work association of platform workers providing a platform service — if the Registrar, having regard to the existence of any other registered platform work association of platform workers providing that platform service, is of the opinion that it is necessary in the interests of the platform workers providing that platform service to cancel the registration of the registered platform work association. (2) Except in a case falling within subsection (1)( a ), the Registrar must give a registered platform work association not less than 2 months’ written notice stating that the Registrar intends to cancel its registration and specifying the ground on which the registration is proposed to be cancelled. (3) A registered platform work association served with a notice under subsection (2) may, within the period of 2 months starting from the date of the notice, make written representations to the Registrar with respect to the proposed cancellation of its registration. (4) The Registrar may cancel the registration of a registered platform work association — ( a ) after consideration of any written representation made to the Registrar pursuant to the notice mentioned in subsection (2); or ( b ) after the time mentioned in subsection (3), where no representation is so made or any written representation made is subsequently withdrawn. (5) An order made by the Registrar under this section cancelling the registration of a registered platform work association must — ( a ) be dated as of the date on which the order was made; ( b ) specify briefly the grounds for the cancellation of the registration; and ( c ) be immediately served on the registered platform work association.


document_id: pwa-2024
provision_ref: s27
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 27
title: Power to stop payment of money held by financial institution
content:
27. —(1) Where the Registrar has given written notice to a registered platform work association under section 26(2), the Minister may, if he or she is satisfied that it is likely that the funds of the registered platform work association may be misused, by written notice direct any financial institution not to pay or cause to be paid any money out of or honour any cheque drawn on the account of the registered platform work association for a specified period not exceeding 3 months, except with the Registrar’s written authorisation. (2) Where an investigation is being conducted by a public authority regarding the improper use or misapplication of the funds of a registered platform work association, the Minister may by written notice direct any financial institution not to pay or cause to be paid any money out of or honour any cheque drawn on the account of the registered platform work association for a specified period not exceeding 3 months, except with the Registrar’s written authorisation. (3) A financial institution which complies with the Minister’s written notice under subsection (1) or (2) is relieved of any liability to any other person in respect of the payment prohibited by the notice. (4) A financial institution which fails to comply with the Minister’s written notice under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both. (5) Without affecting sections 88 and 89, where a financial institution commits an offence under subsection (4), a person — ( a ) who is — (i) an accountant, a sub‑accountant or any other similar officer of the financial institution; or (ii) a person purporting to act in any such capacity; 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 financial institution; or (iii) knew or ought reasonably to have known that the offence by the financial institution 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 financial institution, and shall be liable on conviction to be punished accordingly. (6) A person mentioned in subsection (5) may rely on a defence that would be available to the financial institution if it were charged with an offence under subsection (4) and, in doing so, the person bears the same burden of proof that the financial institution would bear. (7) In this section — “financial institution” means a bank, a finance company or any co‑operative society carrying on the business of managing and investing funds; “public authority” means the Registrar, an authorised officer, the Commissioner of Police, the Commissioner of Inland Revenue or the Director of the Corrupt Practices Investigation Bureau.


document_id: pwa-2024
provision_ref: s28
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 28
title: Consequences of failure to register or cancellation of registration
content:
28. —(1) This section applies if — ( a ) a platform work association does not apply for registration within the time specified in section 22; ( b ) an application for registration as a platform work association is refused under section 24(1)( b ); or ( c ) the registration of a registered platform work association is cancelled under section 26. (2) The platform work association is dissolved. (3) Subject to subsection (4), the platform work association is deemed to be an unlawful association and ceases to enjoy any of the rights, immunities or privileges of a registered platform work association. (4) Subsection (3) does not affect any liabilities incurred or to be incurred by the platform work association which may be enforced against the platform work association and its assets. (5) The platform work association, and its officers, members or agents on behalf of the platform work association, must not — ( a ) take part in any work dispute or promote, organise or finance any strike or lockout; or ( b ) provide pay or other benefits for the members of the platform work association during a strike or lockout. (6) A person must not — ( a ) take any part in the management or organisation of the platform work association; or ( b ) act or purport to act on behalf of the platform work association or as an officer of the platform work association, except for the purpose of — ( c ) defending proceedings against the platform work association; or ( d ) dissolving the platform work association and disposing of its funds in accordance with the rules of the platform work association.


document_id: pwa-2024
provision_ref: s29
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 29
title: Consequences upon dissolution of platform work association
content:
29. —(1) Upon the dissolution of a platform work association under section 28(2) — ( a ) the property of the platform work association immediately vests in the Official Receiver; and ( b ) the Official Receiver must proceed to wind up the affairs of the platform work association and, after satisfying and providing for all debts and liabilities of the platform work association and the costs of winding up, must pay the surplus assets (if any) of the platform work association — (i) where the Minister so directs — into the Workers’ Fund; or (ii) in the absence of a direction from the Minister — in accordance with the rules of the platform work association. (2) Where — ( a ) no direction is given by the Minister under subsection (1)( b )(i); and ( b ) the surplus assets or part of the surplus assets cannot be distributed in accordance with the rules of the platform work association because the members cannot be found or a meeting of the members is not possible or for any other good and sufficient reason, the surplus assets or part of the surplus assets must be paid into the Workers’ Fund. (3) For the purpose of winding up the affairs of the platform work association — ( a ) the Official Receiver has all the powers vested in the Official Receiver under the Insolvency, Restructuring and Dissolution Act 2018 for the purpose of discovery of the property of a debtor, the realisation of such property and the winding up of a company; and ( b ) the provisions of that Act apply, with the necessary modifications, to the winding up of the affairs of the platform work association under this Part. (4) In this section, “Workers’ Fund” has the meaning given by section 2 of the Work Injury Compensation Act 2019. Division 3 &#x2014; Rights and liabilities of platform work associations


document_id: pwa-2024
provision_ref: s30
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 30
title: Disabilities of unregistered platform work association
content:
30. A platform work association does not enjoy any of the rights, immunities or privileges of a registered platform work association until it is registered.


document_id: pwa-2024
provision_ref: s31
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 31
title: Immunity from civil suit in certain cases
content:
31. No suit or other legal proceedings shall be maintainable in any civil court against any registered platform work association, or any officer or member of a registered platform work association, in respect of any act done in contemplation or in furtherance of a work dispute to which a member of the platform work association is a party on the ground only that the act — ( a ) induces some other person to break a platform work agreement; or ( b ) is in interference with — (i) the trade, business or employment of, or the provision of a platform service by, some other person; or (ii) the right of some other person to dispose of that person’s capital or labour as he or she wills.


document_id: pwa-2024
provision_ref: s32
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 32
title: Liability in tort
content:
32. —(1) A suit against a registered platform work association, or any officer or member of a registered platform work association on behalf of himself or herself and all other members of a platform work association, in respect of any tortious act alleged to have been committed by or on behalf of the platform work association is not to be entertained by any court. (2) Nothing in this section affects the liability of a platform work association, or any officer of a platform work association, to be sued in any court touching or concerning the property or rights of a platform work association except in respect of any tortious act committed by or on behalf of the platform work association in contemplation or in furtherance of a work dispute.


document_id: pwa-2024
provision_ref: s33
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 33
title: Liability in contract
content:
33. —(1) Every registered platform work association is liable on any contract entered into by it or by an agent acting on its behalf. (2) Despite subsection (1), a platform work association is not liable on any contract which is void or unenforceable at law.


document_id: pwa-2024
provision_ref: s34
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 34
title: Objects in restraint of trade not unlawful in case of registered platform work association
content:
34. The objects of a registered platform work association are not, by reason only that they are in restraint of trade, deemed to be unlawful so as to render any member of that platform work association liable to criminal prosecution for conspiracy or otherwise, or to render void or voidable any agreement or trust.


document_id: pwa-2024
provision_ref: s35
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 35
title: Proceedings by and against platform work association
content:
35. —(1) A registered platform work association may sue and be sued and be prosecuted under its registered name. (2) An unregistered platform work association may be sued and prosecuted under the name by which it has been operating or is generally known. (3) A platform work association whose registration has been cancelled may be sued and prosecuted under the name by which it was registered. (4) An enforcement order for any money recovered from a platform work association in civil proceedings may issue against any property belonging to or held in trust for the platform work association other than the benevolent fund of a registered platform work association. (5) Any fine ordered to be paid by a platform work association may be recovered by distress and sale of any movable property belonging to or held in trust for the platform work association in accordance with the provisions of the Criminal Procedure Code 2010. (6) In any civil or criminal proceedings in which a registered platform work association is a party, the platform work association may appear in those proceedings by any one of its officers or by an advocate and solicitor.


document_id: pwa-2024
provision_ref: s36
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 36
title: Strike or industrial action
content:
36. —(1) A registered platform work association must not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members without obtaining the consent, by secret ballot, of the majority of the members so affected. (2) Any registered platform work association which, and every member of its executive who, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. (3) The members of a platform work association who commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action — ( a ) where the consent of the majority of the members so affected has not been obtained by secret ballot; or ( b ) taken in contravention of the rules or by‑laws of the platform work association, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (4) Any person who instigates or incites others to take part in or otherwise acts in furtherance of a strike or any form of industrial action — ( a ) where the consent of the majority of the members of a platform work association so affected has not been obtained by secret ballot; or ( b ) taken in contravention of the rules or by‑laws of the platform work association to which the majority of the persons taking part in the strike or industrial action belongs, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. (5) In any proceedings for an offence under subsection (2), the onus of proving that the consent of the majority of the members of the registered platform work association so affected has been obtained by secret ballot is on the registered platform work association or the member of its executive, as the case may be. (6) In any proceedings for an offence under subsection (3) or (4), the onus of proving that — ( a ) the consent of the majority of the members of the platform work association so affected has been obtained by secret ballot; or ( b ) the strike or industrial action was not taken in contravention of the rules or by‑laws of the platform work association concerned, is on the member of the platform work association or the accused person, as the case may be. Division 4 &#x2014; Constitution


document_id: pwa-2024
provision_ref: s37
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 37
title: Membership of minors
content:
37. —(1) A person above 18 years of age may be a member of a registered platform work association. (2) A member of a registered platform work association who is above 18 years of age, but under 21 years of age, must not be a member of the executive or a trustee of the platform work association unless he or she has obtained the Minister’s written approval.


document_id: pwa-2024
provision_ref: s38
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 38
title: Public officers, etc., not to be members of platform work association
content:
38. —(1) Subject to subsection (2), a person who is a public officer, or an officer or employee of any public authority, must not join or be a member of any platform work association or be accepted as a member by any platform work association. (2) The President may, by notification in the Gazette , exempt any class or description of public officer, or officer or employee of any public authority, from subsection (1), subject to any conditions specified in the notification. (3) In this section, “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function.


document_id: pwa-2024
provision_ref: s39
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 39
title: Officers of platform work association
content:
39. —(1) A person must not act as an officer of a platform work association or any branch of a platform work association, and is disqualified for election as such officer, if the person — ( a ) is an undischarged bankrupt; or ( b ) has been convicted by any court of criminal breach of trust, extortion or criminal intimidation, or of any offence which, in the Minister’s opinion, renders the person unfit to be an officer of a platform work association. (2) Subsection (1)( b ) does not apply where the Minister is satisfied that the person has reformed and has become fit to be an officer of a platform work association. (3) A person who is not a citizen of Singapore must not act as an officer of a platform work association or any branch of a platform work association unless the prior written approval of the Minister has been obtained. (4) Not less than two-thirds of the total number of the officers of every registered platform work association must be persons actually providing a platform service with which the registered platform work association is connected.


document_id: pwa-2024
provision_ref: s40
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 40
title: Authority of officers, etc., to bind platform work association without ratification
content:
40. —(1) Despite any provision in any rules or resolution of any platform work association — ( a ) the officers of a platform work association and any other persons duly appointed by the platform work association to represent its members in negotiations with a view to a collective agreement have the authority to bargain collectively for and to bind all the members of the platform work association by a collective agreement without the need for ratification by the members; and ( b ) the decisions of those officers or persons on any matter in such negotiations is the decision of all members of the platform work association. (2) Any provision in any rules or resolution of any platform work association that is inconsistent with subsection (1) is void to the extent of that inconsistency.


document_id: pwa-2024
provision_ref: s41
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 41
title: Employees of platform work association
content:
41. —(1) A registered platform work association may, subject to subsections (2) and (4) and the rules of the platform work association, employ and pay such persons as may be necessary for the purposes of the platform work association. (2) A person must not be employed by a registered platform work association under subsection (1) if — ( a ) the person has been convicted by a court of a criminal offence and has not received a free pardon in respect of that offence; and ( b ) in the Minister’s opinion, the conviction renders the person unfit to be employed by a platform work association. (3) Subsection (2) does not apply where the Minister is satisfied that the person so convicted has reformed and has become fit to be employed by a platform work association. (4) A person who is not a citizen of Singapore must not be employed by a registered platform work association under subsection (1) unless the prior written approval of the Minister has been obtained.


document_id: pwa-2024
provision_ref: s42
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 42
title: Powers of Minister in relation to sections 39 and 41
content:
42. Without limiting section 94, the Minister may, by order in the Gazette — ( a ) declare that section 39 or 41 does not apply to any registered platform work association or class of registered platform work associations specified in the order; or ( b ) exempt, subject to any conditions that the Minister considers reasonably necessary, from all or any provision of section 39 or 41, any officer or employee or any proportion or class of officers or employees of any registered platform work association or class of registered platform work associations as may be specified in the order.


document_id: pwa-2024
provision_ref: s43
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 43
title: Change of name
content:
43. A registered platform work association must not change its name except with the requisite consent of its members.


document_id: pwa-2024
provision_ref: s44
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 44
title: Amalgamation
content:
44. —(1) Any 2 or more registered platform work associations may become amalgamated as one platform work association if each of the platform work associations has the requisite consent of its members to the amalgamation. (2) The amalgamation may be undertaken with or without dissolution or division of the funds of the platform work associations or either or any of them.


document_id: pwa-2024
provision_ref: s45
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 45
title: Notice of change of name or amalgamation
content:
45. —(1) Written notice must be given to the Registrar of every change of name and every amalgamation, signed — ( a ) in the case of a change of name, by the secretary and 7 members of the registered platform work association changing its name; or ( b ) in the case of an amalgamation, by the secretary and 7 members of every registered platform work association which is a party to the amalgamation. (2) Subject to subsection (3), if the Registrar is satisfied that the provisions of this Part in respect of change of name have been complied with, the Registrar must register the change of name in the prescribed manner, and the change of name has effect from the date of the registration. (3) The Registrar must refuse to register the change of name if the proposed name — ( a ) is identical with the name by which any other existing platform work association has been registered; or ( b ) in the Registrar’s opinion, so nearly resembles any such name as to be likely to deceive or mislead the public or the members of either platform work association. (4) If the Registrar is satisfied that — ( a ) the provisions of this Part in respect of amalgamation have been complied with; and ( b ) the platform work association formed by amalgamation is entitled to registration under section 24, the Registrar must register the platform work association in the prescribed manner, and the amalgamation has effect from the date of the registration.


document_id: pwa-2024
provision_ref: s46
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 46
title: Effect of change of name or amalgamation
content:
46. —(1) A change in the name of a registered platform work association does not affect any rights or obligations of the platform work association or render defective any legal proceeding by or against the platform work association, and any legal proceeding which might have been continued or commenced by or against it under its former name may be continued or commenced by or against it under its new name. (2) An amalgamation of 2 or more registered platform work associations does not prejudice any right of any such platform work association or any right of a creditor of any such platform work association.


document_id: pwa-2024
provision_ref: s47
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 47
title: Registered office
content:
47. —(1) Every registered platform work association must have a registered office to which all communications and notices may be addressed. (2) Every platform work association must notify the Registrar of the location of its registered office and any change to that location, and the platform work association is deemed not to have complied with the provisions of this Part until such notice has been given. (3) Every platform work association which operates — ( a ) without having a registered office, or without giving notice of the location of its registered office to the Registrar; or ( b ) at any place to which its registered office may have been removed, without having given notice of the change of location to the Registrar, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 for every day or part of a day during which it is so in operation. (4) Every officer of any platform work association mentioned in subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 for every day or part of a day during which the platform work association is in operation as described in subsection (3)( a ) or ( b ).


document_id: pwa-2024
provision_ref: s48
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 48
title: Rules of registered platform work association
content:
48. —(1) The rules of every registered platform work association must provide for all matters specified in the Third Schedule and must not be so altered or amended as to cease to contain provision in respect of all such matters. (2) A copy of the rules for the time being in force of any registered platform work association — ( a ) must be prominently exhibited at the registered office of the registered platform work association; and ( b ) must be provided by the secretary of the registered platform work association to any person on demand on payment of the prescribed sum. (3) Where a new rule of a registered platform work association is made or an alteration is made in the rules of a registered platform work association — ( a ) a copy of the new rule or alteration must be sent to the Registrar within 7 days after the making of that rule or alteration; and ( b ) the Registrar must, subject to subsection (4), register that rule or alteration on payment of the prescribed fee. (4) The Registrar may refuse to register any new rule or alteration of any rule if the Registrar is of the opinion that the new rule or altered rule is unlawful or is oppressive or unreasonable. (5) Every new rule or alteration of any rule takes effect from the date of registration by the Registrar unless some later date is specified in the rules of the registered platform work association.


document_id: pwa-2024
provision_ref: s49
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 49
title: Secret ballot
content:
49. —(1) The rules of a registered platform work association relating to the taking of decisions by secret ballot must ensure that — ( a ) every member or delegate (as the case may be) has an equal right, and a reasonable opportunity to record his or her vote freely; ( b ) the results of the voting are correctly ascertained and declared; and ( c ) the secrecy of the ballot is properly secured. (2) The Registrar may, for the purpose of satisfying himself or herself that a secret ballot taken by a registered platform work association has been properly conducted — ( a ) order a person to deliver to the Registrar any ballot papers, envelopes, lists or other documents which have been used in connection with or are relevant to the secret ballot and which are in the possession or under the control of that person; ( b ) take possession of any such ballot papers, envelopes, lists or other documents; and ( c ) inspect those ballot papers, envelopes, lists or other documents and retain them for such period as is necessary for that purpose. (3) Subject to subsection (2) or as may be provided in the rules of the platform work association, no person is allowed to inspect or copy any paper or document relating to a secret ballot. (4) A registered platform work association and every officer of a registered platform work association who is able to do so must, despite anything in the rules of the platform work association, take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents used in connection with or relevant to a secret ballot are kept at the registered office of the platform work association for a period of 6 months after the completion of the secret ballot. (5) The secretary of the platform work association must send the results of a secret ballot taken to decide any of the matters specified in paragraph 8 of the Third Schedule to the Registrar within 7 days after the holding of the secret ballot in the form directed by the Registrar.


document_id: pwa-2024
provision_ref: s50
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 50
title: Notification of change of officers, etc.
content:
50. —(1) A registered platform work association must, prominently and in a place that it may be easily read, exhibit — ( a ) at its registered office a notice showing the names and titles of the officers for the time being of the platform work association; and ( b ) at the office of each branch a notice showing the names and titles of the officers for the time being of the branch. (2) Where — ( a ) a person becomes or ceases to be an officer of a registered platform work association or a branch of a platform work association; or ( b ) the title of any officer is changed, the platform work association must notify the Registrar of the appointment or election of the officer, the cessation of the person to be an officer or the change in title (as the case may be) in the prescribed form, together with the prescribed fee, within 7 days after the appointment or election, cessation or change. (3) The Registrar must, on being satisfied that the appointment or election of the officer, the cessation of the person to be an officer or the change in title (as the case may be) is not contrary to the rules of the platform work association or the provisions of this Part, alter the Register accordingly.


document_id: pwa-2024
provision_ref: s51
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 51
title: Notification of change of employees
content:
51. When a person becomes or ceases to be an employee of a registered platform work association or a branch of a registered platform work association, the platform work association must notify the Registrar within 7 days after the appointment or cessation in the form directed by the Registrar.


document_id: pwa-2024
provision_ref: s52
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 52
title: Notice of dissolution
content:
52. —(1) When a registered platform work association is dissolved, notice of the dissolution signed by the secretary and 7 members of the platform work association must be sent to the Registrar within 14 days after the dissolution. (2) The Registrar must, if satisfied that the dissolution has been effected in accordance with the rules of the platform work association, register the dissolution, and the dissolution has effect from the date of the registration.


document_id: pwa-2024
provision_ref: s53
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 53
title: Trustees
content:
53. —(1) The rules of a registered platform work association must provide for the appointment or election of trustees and for the filling of vacancies in the office of trustees so that, as far as may be, there are always at least 3 trustees of the platform work association. (2) A person who is an undischarged bankrupt — ( a ) must not be appointed or elected as a trustee of a platform work association; or ( b ) if so appointed or elected, must not remain as a trustee of a platform work association. (3) Except with the Minister’s approval, a person who has been convicted of an offence involving fraud or dishonesty or any other offence which, in the Minister’s opinion, renders the person unfit to be a trustee of a platform work association — ( a ) must not be appointed or elected as a trustee of a platform work association; or ( b ) if so appointed or elected, must not remain as a trustee of a platform work association. (4) A person who — ( a ) is holding the office of president, chairperson, treasurer, secretary or similar office in a platform work association; or ( b ) is not a citizen of Singapore, must not be appointed or elected as a trustee of the platform work association without the prior written approval of the Minister. (5) When a person is appointed or elected as, or ceases to be, a trustee of a registered platform work association or branch of a registered platform work association, the platform work association must notify the Registrar within 7 days after the appointment or election or cessation in the form required by the Registrar. Division 5 &#x2014; Property


document_id: pwa-2024
provision_ref: s54
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 54
title: All property vested in trustees
content:
54. All property, movable or immovable, of a registered platform work association must be vested in its trustees for the use and benefit of the platform work association and its members, and are under the control of the trustees.


document_id: pwa-2024
provision_ref: s55
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 55
title: Devolution of property
content:
55. Upon any change in the office of any trustee, the Supreme Court may, upon an originating application without notice made to it in that behalf, make an order vesting the property of a registered platform work association in the trustees for the time being of the platform work association for the same estate and interest as the former trustee had in that property, and subject to the same trusts, without any transfer, conveyance or assignment.


document_id: pwa-2024
provision_ref: s56
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 56
title: Purchase or lease of land or buildings
content:
56. —(1) Subject to subsection (2) and to any provision in its rules, a registered platform work association may — ( a ) purchase or take a lease of, for the purposes of the platform work association and in the names of its trustees, any land or building; and ( b ) subject to any written law or other law which may be applicable, sell, exchange, charge or lease any land or building purchased or leased by it. (2) A registered platform work association must not purchase or take a lease of any land or building situated outside Singapore without having first obtained the requisite consent of its members. Division 6 &#x2014; Funds and accounts


document_id: pwa-2024
provision_ref: s57
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 57
title: Application of funds
content:
57. —(1) The funds of a registered platform work association may, subject to the rules of the platform work association and the provisions of this Act, be expended only for the following objects: ( a ) the payment of salaries, allowances and expenses to officers of the platform work association; ( b ) the payment of expenses for the administration of the platform work association, including audit of the accounts of the funds of the platform work association; ( c ) the prosecution or defence of any legal proceeding to which the platform work association or any member of the platform work association is a party, when the prosecution or defence is undertaken for the purpose of securing or protecting any rights of the platform work association as such or any rights arising out of the relations of any member with a platform operator for whom the member provides a platform service or with a platform worker who provides a platform service for the member, as the case may be; ( d ) the conduct of work disputes on behalf of the platform work association or any member of the platform work association; ( e ) the compensation of members for loss arising out of work disputes; ( f ) allowances to members or their dependants on account of death, old age, sickness or accidents of the members or the inability of the members to provide a platform service with which the platform work association is concerned; ( g ) any other object which the Minister may, by notification in the Gazette , declare to be an object for which such funds may be expended. (2) Any moneys received for a specific purpose by a platform work association from its members, which the members are liable to pay in accordance with its rules, must not be used or applied for any other purpose without the requisite consent of the members of the platform work association. (3) The secretary of the platform work association must, within 7 days from the date the requisite consent mentioned in subsection (2) is obtained, notify the Registrar of the consent and provide to the Registrar any information in respect of the consent as the Registrar may require.


document_id: pwa-2024
provision_ref: s58
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 58
title: Prohibition of payment of fines or penalties
content:
58. The funds of a registered platform work association must not be applied either directly or indirectly in payment of the whole or part of any fine or penalty imposed upon any person by sentence or order of a court of justice.


document_id: pwa-2024
provision_ref: s59
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 59
title: Use of funds for political purposes and investment of those funds
content:
59. —(1) The funds of a registered platform work association must not be applied either directly or indirectly in payment of contributions to a political party or for a political purpose. (2) The funds of a registered platform work association must, subject to the rules of the platform work association and the provisions of this Act, be invested only in — ( a ) investments authorised by law for the investment of trust money; ( b ) interest‑earning deposits in banks or finance companies; ( c ) shares of co‑operative societies established by any registered platform work association or any trade union registered under the Trade Unions Act 1940; or ( d ) any undertaking, enterprise or scheme, the promoter or proprietor of which is the Singapore Labour Foundation or a company formed by or related to the Singapore Labour Foundation, as the Minister may approve for the purposes of this paragraph. (3) In this section, “Singapore Labour Foundation” means the Singapore Labour Foundation established under section 3 of the Singapore Labour Foundation Act 1977. (4) For the purposes of this section, a company is deemed to be related to the Singapore Labour Foundation if it is related to the Singapore Labour Foundation within the meaning of section 6 of the Companies Act 1967.


document_id: pwa-2024
provision_ref: s60
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 60
title: Injunction to restrain misuse of funds
content:
60. An injunction restraining any unauthorised or unlawful expenditure of the funds of a registered platform work association may be granted on the application of any 5 or more persons having sufficient interest in the relief sought, the Registrar or the Attorney‑General.


document_id: pwa-2024
provision_ref: s61
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 61
title: Treasurer to render accounts
content:
61. —(1) Every treasurer of a registered platform work association and every other officer of a registered platform work association who is responsible for the accounts of the platform work association or the collection, disbursement, custody or control of the funds or moneys of the platform work association, must — ( a ) upon resigning or vacating his or her office; ( b ) at least once in every year at the time specified by the rules of the platform work association; and ( c ) at any other time at which he or she may be required to do so by a resolution of the members of the platform work association or by the rules of the platform work association, render to the platform work association and its members a just and true account of — ( d ) all moneys received and paid by him or her during the period which has elapsed since the date of his or her assuming office, or if he or she has previously rendered an account, since the last date upon which he or she rendered such account; ( e ) the balance remaining in his or her hands, at the time of rendering such account; and ( f ) all bonds, securities or other property of the platform work association entrusted to his or her custody or under his or her control. (2) The form of account may be prescribed by regulations. (3) The account must be verified by statutory declaration, and the platform work association must cause the account to be audited by a fit and proper person approved by the Registrar. (4) A platform work association must not cause the accounts to be audited under subsection (3) by the same person for a continuous period of more than 5 years without the prior written approval of the Minister. (5) After the account has been audited, the treasurer or other officer mentioned in subsection (1) must immediately hand over to the trustees of the platform work association, if required by them to do so — ( a ) such balance as appears to be due from him or her; and ( b ) all bonds, securities, effects, books, papers and property of the platform work association in his or her hands or custody, or otherwise under his or her control. (6) The Registrar may by written notice direct the attendance before the Registrar, at the place and time set out in the notice, of any person appointed to audit the accounts of a platform work association for any purpose related to the audit. (7) The Registrar may, if he or she thinks it necessary, by written notice direct any platform work association to — ( a ) cause the accounts to be audited by any person other than the person who first audited the accounts; or ( b ) cause the accounts to be further audited in any manner required by the Registrar. (8) All expenses incurred by a platform work association in complying with the direction of the Registrar must be borne by the platform work association. (9) Any person who fails to comply with the Registrar’s direction under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (10) Any platform work association which fails to comply with the Registrar’s direction under subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: pwa-2024
provision_ref: s62
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 62
title: Production of documents, etc., for examination
content:
62. —(1) Without affecting any other provision of this Act, for the purpose of carrying out the provisions of this Part, the Registrar may by written notice direct any officer or employee of a platform work association to produce for the Registrar’s examination any books, accounts, records and documents and to answer any questions relating to the books, accounts, records or documents as may be necessary. (2) Any person who — ( a ) wilfully refuses or without lawful excuse fails to comply with the Registrar’s direction under subsection (1); or ( b ) wilfully withholds any information, or refuses to answer or wilfully gives a false answer to any question put to the person by the Registrar, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pwa-2024
provision_ref: s63
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 63
title: Annual returns
content:
63. —(1) The secretary of every registered platform work association must provide annually to the Registrar on or before the prescribed date in each year a general statement, audited in the prescribed manner, of all receipts and expenditure during the period of 12 months ending on the last day of March last preceding that prescribed date, and of the assets and liabilities of the platform work association as at that day. (2) The general statement mentioned in subsection (1) must be accompanied by a copy of the auditor’s report and must be prepared in such form and comprise such particulars as may be prescribed. (3) The secretary of each registered platform work association must provide to the Registrar, together with the general statement mentioned in subsection (1) — ( a ) a copy of — (i) all alterations or amendments of rules, and all new rules, of the platform work association; and (ii) a list of all changes of officers, made by the platform work association during the period of 12 months preceding the last day of March; and ( b ) a copy of the rules of the platform work association in force on that day. (4) The Registrar may, on application to him or her by a registered platform work association, by written notice, substitute — ( a ) the day on which the financial year of the platform work association ends for the last day of March mentioned in subsections (1) and (3); and ( b ) if necessary, some other date for the date prescribed for the purposes of subsection (1). (5) All the provisions of this section apply accordingly in the case of the registered platform work association mentioned in subsection (4) as though the day and the date so substituted were respectively the last day of March mentioned in subsections (1) and (3) and the prescribed date mentioned in subsection (1). (6) Every member of a registered platform work association is entitled to receive free of charge a copy of the general statement mentioned in subsection (1) and the secretary of each registered platform work association must deliver a copy of that statement to every member of his or her platform work association who applies to him or her for a copy of that statement. (7) Any secretary of a registered platform work association who fails to comply with any requirement of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (8) Every person who wilfully makes or orders or causes or procures to be made any false entry in or omission from any of the following documents provided to the Registrar shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both: ( a ) the general statement mentioned in subsection (1); ( b ) the copy of the auditor’s report mentioned in subsection (2); ( c ) any copy mentioned in subsection (3)( a ) or ( b ).


document_id: pwa-2024
provision_ref: s64
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 64
title: Inspection of accounts and documents
content:
64. The account books of a registered platform work association and a list of its members must be open to inspection by any officer or member of the platform work association at the times provided for in the rules of the platform work association, and by the Registrar at any reasonable time. Division 7 &#x2014; Offences and penalties of this Part


document_id: pwa-2024
provision_ref: s65
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 65
title: Penalty for misuse of money or property of registered platform work association
content:
65. —(1) Where, on complaint made by a member of a registered platform work association, it is shown to the satisfaction of a District Court or Magistrate’s Court that any officer or member of the registered platform work association — ( a ) has in his or her possession or control any property of the registered platform work association except in accordance with the rules of the registered platform work association; or ( b ) has unlawfully expended or withheld any money of the registered platform work association, the Court, if it considers the justice of the case so requires, is to order that officer or member to deliver that property or pay the money so unlawfully expended or withheld (as the case may be) to the trustees of the registered platform work association. (2) A complaint made under subsection (1) in respect of any property or money of a registered platform work association is not to be entertained unless the District Court or Magistrate’s Court is satisfied that the complainant is, on the date of that complaint, a member of the registered platform work association. (3) Any person bound by an order made under subsection (1) who fails to comply with the terms of and the directions given in that order within a time to be specified in that order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (4) An order made under subsection (1) does not affect or prevent a prosecution of, or civil proceedings against, any such officer or member.


document_id: pwa-2024
provision_ref: s66
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 66
title: Supplying false information regarding platform work associations
content:
66. Any person who, with intent to deceive — ( a ) gives to any member of a registered platform work association, or any person intending or applying to become a member of that platform work association, any document purporting to be a copy of the rules of the platform work association or any alterations to those rules which the person knows, or has reason to believe, is not a correct copy of the rules or alterations that are for the time being in force; or ( b ) gives a copy of any rules of an unregistered platform work association to any person on the pretence that those rules are the rules of a registered platform work association, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: pwa-2024
provision_ref: s67
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 67
title: Failure to submit returns
content:
67. If default is made on the part of any registered platform work association in doing any act, giving any notice or sending any statement, return or other document as required by this Part — ( a ) every officer or other person bound by the rules of the platform work association or under the provisions of this Part to do that act, give that notice or send that statement, return or document; or ( b ) if there is no such officer or person, every member of the executive of that registered platform work association, shall severally be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: pwa-2024
provision_ref: s68
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 68
title: General penalty
content:
68. —(1) Every person who, and every platform work association which, contravenes any provision of this Part for which no penalty is expressly provided shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (2) Upon conviction of an unregistered platform work association under subsection (1), every person proved to have been a member of the executive of that platform work association shall be deemed severally to be guilty of the offence for which the platform work association was so convicted. (3) The District Court or Magistrate’s Court shall, after necessary inquiry, declare in its finding and order the name of each person to be deemed to be guilty under subsection (2) and shall pass sentence upon the person according to law.


document_id: pwa-2024
provision_ref: s69
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 69
title: Consent of Public Prosecutor
content:
69. A prosecution under this Part must not be instituted except by or with the consent of the Public Prosecutor. Division 8 &#x2014; Miscellaneous


document_id: pwa-2024
provision_ref: s70
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 70
title: This Part not to affect certain agreements
content:
70. This Part does not affect any of the following: ( a ) any agreement between partners as to their own business; ( b ) any agreement between an employer and those employed by that person as to such employment; ( c ) any platform work agreement as to the provision of a platform service by a platform worker; ( d ) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.


document_id: pwa-2024
provision_ref: s72
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 72
title: Service of legal process
content:
72. Subject to the requirements of any other written law, every originating claim or other legal process may be served on a platform work association by — ( a ) serving it on the president, secretary, treasurer or other officer of the platform work association; or ( b ) leaving it at, or sending it by registered post to, the registered office of the platform work association.


document_id: pwa-2024
provision_ref: s73
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 73
content:
73. The Registrar must notify in the Gazette the fact that — ( a ) any platform work association has been registered; ( b ) the registration of any platform work association has been cancelled; ( c ) any change of name or amalgamation affecting any registered platform work association has been registered; and ( d ) any registered platform work association has been dissolved.


document_id: pwa-2024
provision_ref: s74
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 74
title: Appeal to Minister
content:
74. —(1) A person who is aggrieved by — ( a ) the Registrar’s refusal to register a platform work association under section 24(1)( b ); ( b ) the Registrar’s order to cancel the registration of a registered platform work association under section 26; ( c ) the Registrar’s refusal to register a change of the name of a registered platform work association under section 45(3); ( d ) the Registrar’s refusal to register the platform work association formed by the amalgamation of any 2 or more registered platform work associations under section 45(4); or ( e ) the Registrar’s refusal to register a new rule or any alteration of any rule under section 48(4), may appeal to the Minister. (2) An appeal under this section must — ( a ) be in writing; ( b ) specify the grounds on which it is made; and ( c ) be made within the prescribed period starting from the date of the Registrar’s refusal or order. (3) After consideration of an appeal, the Minister may — ( a ) confirm the Registrar’s refusal or order, as the case may be; ( b ) order the registration of any platform work association; ( c ) order the registration of any new rule or alteration of any rule; ( d ) reverse the Registrar’s order; or ( e ) make any order or give any direction that the Minister considers just or necessary. (4) The Minister’s decision is final.


document_id: pwa-2024
provision_ref: s75
chapter: PART 3 - PLATFORM WORK ASSOCIATIONS
section: 75
title: Regulations for this Part
content:
75. —(1) The Minister may make regulations for the purpose of carrying out or giving effect to this Part. (2) In particular, the Minister may make regulations for any of the following: ( a ) the registers and other records to be kept for the purposes of this Part; ( b ) the form and manner in which platform work associations and the rules of registered platform work associations must be registered and the fees payable on registration; ( c ) the manner in which, and the qualifications of the persons by whom, the accounts of registered platform work associations or any class of registered platform work associations must be audited; ( d ) the conditions subject to which the Register or any document kept by the Registrar may be inspected and an extract from or a copy of an entry in the Register or document may be given, and the fees chargeable for the inspection, extract or copy; ( e ) the form and manner of any applications, forms, notices, requests or returns that must be filed with the Registrar under this Part or any regulations made for the purposes of this Part; ( f ) the due disposal and safe custody of the funds and moneys of a platform work association; ( g ) the creation, administration, protection, control and disposal of the benevolent funds of registered platform work associations and all matters connected with or incidental to such benevolent funds. (3) The Minister may by regulations declare that any regulations made in respect of the matter mentioned in subsection (2)( g ) apply to a specified registered platform work association or a specified class of registered platform work associations only.


document_id: pwa-2024
provision_ref: s76
chapter: PART 4 - ADMINISTRATIVE PENALTIES
section: 76
title: Civil contraventions
content:
76. The following contraventions are declared to be civil contraventions for the purposes of this Act: ( a ) a failure of a person that satisfies the criteria to be a platform operator under section 4 to notify the Commissioner of that fact in accordance with section 8(1); ( b ) a failure of a person that ceases to be a platform operator within the meaning in section 4 to notify the Commissioner of that fact in accordance with section 9; ( c ) a failure by a platform operator to comply with section 13(1) or 14(1).


document_id: pwa-2024
provision_ref: s77
chapter: PART 4 - ADMINISTRATIVE PENALTIES
section: 77
title: Payment of administrative penalty
content:
77. —(1) An authorised officer may issue a contravention notice — ( a ) to a person mentioned in section 76( a ) requiring that person to pay an administrative penalty of the prescribed amount for an alleged failure by the person to notify the Commissioner in accordance with section 8(1); ( b ) to a person mentioned in section 76( b ) requiring that person to pay an administrative penalty of the prescribed amount for an alleged failure by the person to notify the Commissioner in accordance with section 9; or ( c ) to a platform operator requiring the platform operator to pay an administrative penalty of the prescribed amount for each occasion of an alleged failure by the platform operator — (i) to comply with section 13(1) with respect to any one platform worker or former platform worker (within the meaning given by section 13(1)( b )); or (ii) to comply with section 14(1) with respect to any one platform worker. (2) A contravention notice must — ( a ) specify the amount of administrative penalty to be paid; ( b ) specify the date by which the administrative penalty must be paid; and ( c ) set out the brief details of the alleged contravention and any other particulars that may be prescribed. (3) Different amounts of administrative penalty may be prescribed for different civil contraventions or different circumstances in which a civil contravention takes place. (4) Any person or platform operator that is issued a contravention notice under subsection (1) must pay the administrative penalty specified in the contravention notice to the authorised officer within the time, in such mode of payment and at such place as is specified in that notice.


document_id: pwa-2024
provision_ref: s78
chapter: PART 4 - ADMINISTRATIVE PENALTIES
section: 78
title: Appeal, etc., in relation to contravention notice
content:
78. —(1) Any person or platform operator that is issued a contravention notice by an authorised officer under section 77(1) (called in this section the initial authorised officer) may — ( a ) within the prescribed period and in accordance with the prescribed procedure, request for an internal reconsideration of the contravention notice by another authorised officer (called in this section the reviewing authorised officer); or ( b ) within the prescribed period (and despite not requesting for an internal reconsideration), appeal to the General Division of the High Court which may hear and determine the matter afresh. (2) A reviewing authorised officer reconsidering a contravention notice issued to a person or platform operator must not be subordinate to the initial authorised officer who issued the contravention notice. (3) A reviewing authorised officer may, after reconsidering the issue of a contravention notice by the initial authorised officer — ( a ) confirm the contravention notice issued by the initial authorised officer; or ( b ) cancel the contravention notice. (4) Any person or platform operator that is aggrieved by the reviewing authorised officer’s decision under subsection (3)( a ) may, within the prescribed period, appeal to the General Division of the High Court which may hear and determine the matter afresh. (5) The procedure governing any such appeal to the General Division of the High Court is as provided in the Rules of Court. (6) The enforcement of the payment of any administrative penalty required by a contravention notice to be paid under section 77 is stayed — ( a ) if a request for internal reconsideration under subsection (1)( a ) is made, until after the reconsideration is completed; or ( b ) if an appeal under subsection (1)( b ) or (4) is filed, until after the appeal is completed. (7) In relation to a contravention notice issued to a person or platform operator under section 77(1), where — ( a ) an appeal to the General Division of the High Court has been filed under subsection (1)( b ) or (4) and the appeal is dismissed; ( b ) the prescribed period for requesting an internal reconsideration under subsection (1)( a ) has lapsed without such request made, and the prescribed period for filing an appeal to the General Division of the High Court under subsection (1)( b ) has lapsed and no appeal is filed; or ( c ) the prescribed period for filing an appeal to the General Division of the High Court under subsection (4) has lapsed and no appeal is filed, the contravention notice may, by permission of a District Court, be enforced against the person or platform operator in the same manner as a judgment of the District Court, and where permission is so given, judgment may be entered in terms of that contravention notice. (8) The initial authorised officer may, in any case in which the initial authorised officer thinks fit, waive, remit or refund in whole or in part any administrative penalty paid or required to be paid under section 77.


document_id: pwa-2024
provision_ref: s79
chapter: PART 4 - ADMINISTRATIVE PENALTIES
section: 79
title: Directions in lieu of or in addition to contravention notices
content:
79. —(1) In lieu of or in addition to giving a platform operator a contravention notice under section 77(1)( c ), an authorised officer may — ( a ) issue any directions to the platform operator that the authorised officer thinks appropriate to bring the civil contravention to an end; and ( b ) where necessary, require the platform operator to take such action as is specified in the direction to remedy, mitigate or eliminate any effects of the civil contravention and to prevent the recurrence of the civil contravention. (2) A platform operator that, without reasonable excuse, fails to comply with a direction given to the platform operator under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pwa-2024
provision_ref: s80
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 80
title: Administration of Act
content:
80. —(1) The Commissioner may appoint — ( a ) any public officer as an authorised officer; or ( b ) any other individual as an authorised person, to assist the Commissioner in the administration of this Act. (2) The Commissioner may delegate the exercise of all or any of the Commissioner’s powers or duties under this Act (except the power of delegation under this subsection) to any authorised officer or authorised person, subject to any conditions or limitation that the Commissioner may specify. (3) Every authorised person appointed under subsection (1)( b ) is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising any power conferred or performing any duty imposed on the authorised person by or under this Act.


document_id: pwa-2024
provision_ref: s81
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 81
title: Powers of Commissioner, authorised officers and authorised persons
content:
81. —(1) For the purposes of the execution of this Act, the Commissioner and any authorised officer or authorised person has the following powers: ( a ) to enter, inspect and examine at any time any premises; ( b ) to inspect or examine any thing or observe any activity conducted in or on the premises; ( c ) to make a still or moving image or recording of the premises and any thing in or on the premises; ( d ) to inspect any document in or on the premises and take extracts from, or make copies of, any such document; ( e ) to take into or onto the premises any equipment and material that the Commissioner, authorised officer or authorised person requires for the purpose of exercising any power in relation to the premises; ( f ) to operate electronic equipment in or on the premises; ( g ) to take into custody any article in the premises which is relevant to the carrying out of the provisions of this Act. (2) For the purposes of the execution of this Act, the Commissioner or an authorised officer may — ( a ) examine orally any person who appears to be acquainted with any facts and circumstances relevant to the carrying out of the provisions of this Act; ( b ) require any person who appears to be acquainted with any facts and circumstances relevant to the carrying out of the provisions of this Act to attend at the time and place specified in a written notice served on the person; and ( c ) require any person whom the Commissioner or authorised officer has reason to believe has any document or information relevant to the carrying out of the provisions of this Act to produce the document or provide the information, within a reasonable period specified by the Commissioner or authorised officer. (3) The power under subsection (1)( f ) to operate electronic equipment in or on any premises includes the power — ( a ) to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and ( c ) to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the premises for the exercise of the power; or (ii) is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, and to remove the disk, tape or other storage device from those premises. (4) The power to require a person to provide a document or information under subsection (2)( c ) includes the power — ( a ) to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that person to state, to the best of his or her knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Commissioner or authorised officer in legible form. (5) A person examined under this section must state truly the facts and circumstances relevant to the carrying out of the provisions of this Act with which the person is acquainted, except only that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (6) A statement made by a person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person.


document_id: pwa-2024
provision_ref: s82
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 82
title: Notice to platform operator by Commissioner, etc., of inspection or visit
content:
82. On entering any premises occupied by a platform operator under section 81(1)( a ), the Commissioner, authorised officer or authorised person (as the case may be) must notify the platform operator or the platform operator’s representative of his or her presence unless he or she considers that such a notification may be prejudicial to the efficient performance of his or her duties.


document_id: pwa-2024
provision_ref: s83
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 83
title: Disposal of documents or thing
content:
83. —(1) Any document or thing that the Commissioner or an authorised officer or authorised person takes possession of under this Part must — ( a ) where the document or thing is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; and ( b ) in any other case — be returned to the owner or reported to a Magistrate. (2) Where the report of any document or thing is made to a Magistrate under subsection (1)( b ), the Magistrate may order the document or thing — ( a ) to be forfeited; or ( b ) to be disposed of in any manner that the Magistrate thinks fit. (3) Nothing in this section is taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.


document_id: pwa-2024
provision_ref: s84
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 84
title: Offences of wilfully obstructing or delaying Commissioner, etc.
content:
84. —(1) A person who — ( a ) wilfully obstructs or delays the Commissioner or an authorised officer or authorised person in the exercise of his or her powers under this Part; ( b ) wilfully withholds any information that the person is required to give under this Act; or ( c ) in providing any document or information required by the Commissioner or an authorised officer under this Act, makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence. (2) A person guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in the case of a second or subsequent offence — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (3) A platform operator or other person that in any way obstructs any platform worker from appearing before the Commissioner or an authorised officer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pwa-2024
provision_ref: s85
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 85
title: Persons not to reveal protected information
content:
85. —(1) If a person exercising any function under this Act obtains protected information about the affairs of another person, the firstmentioned person must not disclose that protected information to any other person unless the disclosure — ( a ) is made with the written consent of the person to whom the information relates; ( b ) is for the purpose of the administration or enforcement of this Act; or ( c ) is in compliance with the requirement of any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions. (2) If any person acts in contravention of subsection (1), he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (3) For the purpose of this section, the reference to a person disclosing any protected information includes his or her permitting any other person to have any access to any record, document or other thing containing that information which is in his or her possession or under his or her control by virtue of the person being or having been an authorised officer or authorised person. (4) In this section, “protected information” means information the disclosure of which would, or could reasonably be expected to, disclose a trade secret or to adversely affect a person in relation to the lawful business affairs of that person.


document_id: pwa-2024
provision_ref: s86
chapter: PART 6 - MISCELLANEOUS
section: 86
title: Protection from personal liability
content:
86. No liability shall lie personally against any of the following persons who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act: ( a ) the Commissioner; ( b ) any authorised officer or authorised person; ( c ) the Registrar of Platform Work Associations or any Assistant Registrar of Platform Work Associations.


document_id: pwa-2024
provision_ref: s87
chapter: PART 6 - MISCELLANEOUS
section: 87
title: Abetment of offences
content:
87. A person who abets the commission of an offence under this Act shall be guilty of the offence and shall be liable on conviction to be punished with the punishment provided for that offence.


document_id: pwa-2024
provision_ref: s88
chapter: PART 6 - MISCELLANEOUS
section: 88
title: Offences by corporations
content:
88. —(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: pwa-2024
provision_ref: s89
chapter: PART 6 - MISCELLANEOUS
section: 89
title: Offences by unincorporated associations or partnerships
content:
89. —(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: pwa-2024
provision_ref: s90
chapter: PART 6 - MISCELLANEOUS
section: 90
title: Composition of offences
content:
90. —(1) The Commissioner may compound any offence under this Act (except Part 3) 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 ) $5,000. (2) The Commissioner may compound any offence under Part 3 that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $200. (3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the Consolidated Fund.


document_id: pwa-2024
provision_ref: s91
chapter: PART 6 - MISCELLANEOUS
section: 91
title: Jurisdiction of court
content:
91. Despite the Criminal Procedure Code 2010 — ( a ) a District Court has jurisdiction to try any offence under this Act (except Part 3) and has power to impose the full punishment for any such offence; and ( b ) a District Court or a Magistrate’s Court has jurisdiction to try any offence under Part 3 and has power to impose the full punishment for any such offence.


document_id: pwa-2024
provision_ref: s92
chapter: PART 6 - MISCELLANEOUS
section: 92
title: Service of documents
content:
92. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) This section does not apply to documents to be served in proceedings in court. (3) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the 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. (4) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (5) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by 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. (6) Service of a document takes effect — ( a ) if the document is sent by prepaid registered post — 2 days after the day the document was posted (even if it is returned undelivered); ( b ) if the document is sent by fax and a notification of successful transmission is received — on the day of transmission; or ( c ) if the document is sent by email — at the time that the email becomes capable of being retrieved by the person to whom it is sent. (7) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice permitted or required by this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: pwa-2024
provision_ref: s93
chapter: PART 6 - MISCELLANEOUS
section: 93
title: Interface with other laws
content:
93. This Act does not affect any requirement, duty or obligation imposed on a person who is a platform operator or platform worker under any other written law or any rule of law.


document_id: pwa-2024
provision_ref: s94
chapter: PART 6 - MISCELLANEOUS
section: 94
title: General power to exempt
content:
94. 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 any conditions that the Minister may impose.


document_id: pwa-2024
provision_ref: s95
chapter: PART 6 - MISCELLANEOUS
section: 95
title: Amendment of Schedules
content:
95. —(1) The Minister may, by order in the Gazette , amend, add to or vary the First, Second or Third Schedule. (2) The Minister may, in an order made under subsection (1), make provisions of a saving or transitional nature consequent on the enactment of the order that the Minister may consider necessary or expedient. (3) All orders made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pwa-2024
provision_ref: s96
chapter: PART 6 - MISCELLANEOUS
section: 96
title: Regulations
content:
96. —(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the Minister may make regulations for all or any of the following matters: ( a ) the records that must be maintained by a platform operator, including the form and contents of the records and the manner in which the records are to be displayed; ( b ) the statistics that must be collected, including the method of collecting the statistics (either in connection with or independently of any other public authority), the staff to be employed in connection with the collection, the duties to be performed and the publications (if any) to be issued; ( c ) the regulation of the conduct of a platform operator towards a platform worker, for the purposes of protecting the platform worker from any practice relating to the provision of a platform service that may adversely affect the platform worker’s wellbeing; ( d ) prescribe the administrative penalties for civil contraventions under Part 4 of an amount not exceeding $1,000 for each occasion of a civil contravention, and $2,000 in the case of a second or subsequent occasion of the civil contravention; ( e ) the manner in which an appeal may be made to the Minister under this Act and the procedure for such appeals; ( f ) any matter that is required or permitted to be prescribed under this Act. (3) Regulations made under this section may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $10,000. (4) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pwa-2024
provision_ref: s103
chapter: PART 7 - AMENDMENTS TO OTHER ACTS
section: 103
title: Amendment of Workplace Safety and Health Act 2006
content:
103. The Workplace Safety and Health Act 2006 is amended in the manner set out in the Tenth Schedule.


document_id: pwa-2024
provision_ref: s104
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 104
title: Amendment of Business Names Registration Act 2014
content:
104. In the Business Names Registration Act 2014, in section 4(1), after paragraph ( j ), insert — “ ( ja ) any platform work association registered under the Platform Workers Act 2024; ”.


document_id: pwa-2024
provision_ref: s105
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 105
title: Amendment of Child Development Co-Savings Act 2001
content:
105. In the Child Development Co-Savings Act 2001 — ( a ) in section 2(1), after the definition of “personal representative”, insert — “ “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; ”; ( b ) in section 2, after subsection (1), insert — “ (1A) To avoid doubt, for the purposes of this Act, a platform worker (within the meaning given by section 5(1) of the Platform Workers Act 2024) is to be regarded as a person who engages in or carries on a trade, business, profession or vocation other than employment under a contract of service and derives income from that trade, business, profession or vocation. ”; ( c ) in the following provisions, after “an employer,”, insert “a platform operator,”: Section 9A(6) Section 12B(20) Section 12F(4) Section 12I(5); ( d ) in section 12A(9), before “a female employee”, insert “an employer, a platform operator,”; ( e ) in section 12AB(4), before “a self‑employed woman”, insert “a platform operator or”; and ( f ) in section 12HA(8), before “a male employee”, insert “an employer, a platform operator,”.


document_id: pwa-2024
provision_ref: s106
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 106
title: Amendment of Companies Act 1967
content:
106. In the Companies Act 1967, in section 4(1), in the definition of “corporation” — ( a ) in paragraph ( d ), delete “or” at the end; and ( b ) after paragraph ( d ), insert — “ ( da ) any platform work association registered under the Platform Workers Act 2024; or ”.


document_id: pwa-2024
provision_ref: s107
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 107
title: Amendment of Co-operative Societies Act 1979
content:
107. In the Co-operative Societies Act 1979 — ( a ) in section 2(1), in the definition of “institutional member”, replace “or a trade union” with “, a trade union or a platform work association”; ( b ) in section 2(1), after the definition of “permanent share”, insert — “ “platform work association” means a platform work association registered under the Platform Workers Act 2024; ”; ( c ) in section 2(1), replace the definition of “secondary society” with — “ “secondary society” means a society, each of whose registered members is a co‑operative society, a trade union or a platform work association; ”; ( d ) in section 38, replace “or trade union” with “, trade union or platform work association”; ( e ) in section 39(1)( b ), replace “or is a trade union” with “, a trade union or a platform work association”; ( f ) in section 39(2), replace “and trade unions” with “, trade unions and platform work associations”; ( g ) in section 44(2)( b ), replace “or a trade union” with “, another society, a trade union or a platform work association”; and ( h ) in the following provisions, replace “or a trade union” with “, a trade union or a platform work association”: Section 5(2) Section 7(1)( b )(ii) Section 43(3) Section 83(2)( b )(ii).


document_id: pwa-2024
provision_ref: s108
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 108
title: Amendment of Enlistment Act 1970
content:
108. In the Enlistment Act 1970, in section 24 — ( a ) in subsection (1), replace paragraphs ( f ) and ( g ) with — “ ( f ) a platform worker providing a platform service for a platform operator; ( g ) gainfully employed by one or more employers; ( h ) self-employed as well as a platform worker; ( i ) self-employed as well as gainfully employed under a contract of service; ( j ) a platform worker as well as gainfully employed under a contract of service; or ( k ) self-employed, gainfully employed under a contract of service as well as a platform worker, ”; ( b ) in subsection (4), replace paragraph ( b ) with — “ ( b ) where that person — (i) is self-employed as well as gainfully employed under a contract of service; (ii) is a platform worker as well as is gainfully employed under a contract of service; or (iii) is self-employed, a platform worker as well as is gainfully employed under a contract of service, his employer shall only be liable to pay the difference between his civilian remuneration and his service remuneration in the proportion that the civilian remuneration paid by his employer bears to his total civilian remuneration. ”; ( c ) after subsection (6), insert — “ (6A) Where under the Central Provident Fund Act 1953 a platform operator pays contributions in respect of a platform worker who provides a platform service for that platform operator, the platform operator shall continue to pay the same amount of contributions and at the same rate notwithstanding that the platform worker is performing — ( a ) any service under section 14 of this Act or section 118(17) of the Singapore Armed Forces Act 1972; ( b ) any voluntary service in the Singapore Armed Forces; or ( c ) any mobilised service. ”; ( d ) in subsection (7), in the definition of “civilian remuneration”, in paragraph ( a ), replace “or self‑employment” with “, self‑employment or the provision of a platform service for a platform operator”; and ( e ) in subsection (7), after the definition of “mobilised service”, insert — “ “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; “platform service” has the meaning given by section 3 of the Platform Workers Act 2024; “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024; ”.


document_id: pwa-2024
provision_ref: s109
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 109
title: Amendment of Extradition Act 1968
content:
109. In the Extradition Act 1968, in the First Schedule, in Part 2, replace item 3 with — “3. Central Provident Fund Act 1953 7(3) Failure of an employer to pay any amount which the employer had recovered from an employee’s monthly wages in accordance with section 7(2) of the Central Provident Fund Act 1953 into the Central Provident Fund within the permitted time 8A(3) Failure of a platform operator to pay any amount which the platform operator had recovered from a platform worker’s platform remuneration in accordance with section 8A(2) of the Central Provident Fund Act 1953 into the Central Provident Fund within the permitted time”.


document_id: pwa-2024
provision_ref: s110
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 110
title: Amendment of Foreign Interference (Countermeasures) Act 2021
content:
110. In the Foreign Interference (Countermeasures) Act 2021 — ( a ) in section 3(1), in the definition of “relevant entity”, in paragraph ( c ), replace sub‑paragraphs (ii) and (iii) with — “ (ii) the Societies Act 1966; (iii) the Trade Unions Act 1940; or (iv) the Platform Workers Act 2024; ”; and ( b ) in section 29, in the table, in item 14, in the column “Recipient may be”, replace “or the Trade Unions Act 1940” with “, the Trade Unions Act 1940 or the Platform Workers Act 2024”.


document_id: pwa-2024
provision_ref: s111
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 111
title: Amendment of Limited Liability Partnerships Act 2005
content:
111. In the Limited Liability Partnerships Act 2005 — ( a ) in section 2(1), in the definition of “corporation”, replace paragraphs ( d ) and ( e ) with — “ ( d ) any co-operative society; ( e ) any registered trade union; or ( f ) any registered platform work association; ”; ( b ) in section 11(2), after “trade union”, insert “or platform work association”; ( c ) in the Fifth Schedule, in paragraph 76, replace sub‑paragraph (2) with — “ (2) Subject to sub-paragraph (2A), the amount payable under sub‑paragraph (1)( b ) and ( c ) must not exceed the lower of the following amounts for each employee: ( a ) 5 months’ salary (whether for time or piecework) in respect of services rendered by the employee to the limited liability partnership; ( b ) $13,000, or an amount that is 5 times the amount (if any) prescribed by the Minister charged with the responsibility for manpower under section 35( b ) of the Employment Act 1968, whichever is the higher. (2A) Where the amounts in sub-paragraph (2)( a ) and ( b ) are the same, the amount payable for each employee under sub‑paragraph (1)( b ) and ( c ) is equal to either of those amounts. ”; and ( d ) in the Fifth Schedule, after paragraph 76, insert — “ Priority of specified debts relating to platform workers in winding up of platform operator 76A.— (1) This paragraph applies in relation to a winding up of a platform operator that is a limited liability partnership. (2) The following have priority over all unsecured debts of the platform operator, other than the preferential debts specified in paragraph 76(1)( a ) to ( f ), and rank in priority after the debts specified in paragraph 76(1)( f ) but before those specified in paragraph 76(1)( g ): ( a ) first, all earnings payable to a platform worker, including any amount payable by way of reimbursement under any platform work agreement or any award or agreement regulating the conditions under which any platform worker provides a platform service for the platform operator; ( b ) second, all amounts due in respect of any work injury compensation payable to or for the benefit of a platform worker under the Work Injury Compensation Act 2019 accrued before, on or after the commencement of the winding up; ( c ) third, all amounts due in respect of contributions payable, during a period of 12 consecutive months commencing not earlier than 12 months before and ending not later than 12 months after the commencement of the winding up, by the platform operator, under any written law relating to platform workers’ superannuation or provident funds. (3) The amount payable under sub‑paragraph (2)( a ) must not exceed $13,000. (4) The debts in each class specified in sub‑paragraph (2) rank in the order specified in that sub‑paragraph but debts of the same class rank equally between themselves, and are to be paid in full, unless the property of the platform operator is insufficient to meet them, in which case the debts of the same class abate in equal proportions between themselves. (5) Where any payment has been made to any platform worker of the platform operator on account of earnings out of money advanced by a person for that purpose, the person by whom the money was advanced, in a winding up — ( a ) has a right of priority in respect of the money so advanced and paid, up to the amount by which the sum in respect of which the platform worker would have been entitled to priority in the winding up has been diminished by reason of the payment; and ( b ) has the same right of priority in respect of that amount as the platform worker would have had if the payment had not been made. (6) So far as the assets of the platform operator available for payment of general creditors are insufficient to meet any preferential debts specified in — ( a ) paragraph 76(1)( a ), ( b ), ( c ), ( e ) and ( f ); ( b ) sub-paragraph (2)( a ) and ( c ); and ( c ) any amount payable in priority by virtue of sub‑paragraph (5) or paragraph 76(6), those debts — ( d ) have priority over the claims of the holders of debentures under any floating charge created by the platform operator (which charge, as created, was a floating charge); and ( e ) must be paid accordingly out of any property comprised in or subject to that charge. (7) In this paragraph — “earnings” has the meaning given by section 2 of the Platform Workers Act 2024; “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; “platform work agreement” has the meaning given by section 2 of the Platform Workers Act 2024; “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024. ”.


document_id: pwa-2024
provision_ref: s112
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 112
title: Amendment of Limited Partnerships Act 2008
content:
112. In the Limited Partnerships Act 2008, in section 2(1), in the definition of “corporation”, replace paragraphs ( d ) and ( e ) with — “ ( d ) any co-operative society; ( e ) any registered trade union; or ( f ) any registered platform work association; ”.


document_id: pwa-2024
provision_ref: s113
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 113
title: Amendment of Maintenance of Religious Harmony Act 1990
content:
113. In the Maintenance of Religious Harmony Act 1990, in section 2, in the definition of “entity”, after paragraph ( h ), insert — “ ( i ) a platform work association; ”.


document_id: pwa-2024
provision_ref: s114
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 114
title: Amendment of Motor Vehicles (Third-Party Risks and Compensation) Act 1960
content:
114. In the Motor Vehicles (Third-Party Risks and Compensation) Act 1960, in section 4 — ( a ) in subsection (4), replace paragraph ( a ) with — “ ( a ) liability in respect of — (i) the death of or bodily injury sustained by a person ( A ) who is in the employment of a person insured by the policy, where the death or bodily injury arises out of and in the course of A ’s employment; or (ii) the death of or bodily injury sustained by a platform worker ( B ) who provides a platform service for a platform operator insured by the policy, where the death or bodily injury arises out of and in the course of B ’s provision of the platform service for that platform operator; or ”; and ( b ) after subsection (4), insert — “ (4A) In subsection (4) — “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; “platform service” has the meaning given by section 3 of the Platform Workers Act 2024; “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024. ”.


document_id: pwa-2024
provision_ref: s115
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 115
title: Amendment of Mutual Benefit Organisations Act 1960
content:
115. In the Mutual Benefit Organisations Act 1960, in section 48(1), replace “or the Trade Unions Act 1940” with “, the Trade Unions Act 1940 or the Platform Workers Act 2024”.


document_id: pwa-2024
provision_ref: s116
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 116
title: Amendment of Point-to-Point Passenger Transport Industry Act 2019
content:
116. In the Point-to-Point Passenger Transport Industry Act 2019, in section 4(1), replace the definition of “participating driver agreement” with — “ “participating driver agreement”, in relation to a provider of a ride-hail service, means an agreement or arrangement between the provider of a ride‑hail service and a driver of a bookable vehicle under which — ( a ) the provider agrees to — (i) take or facilitate any booking by or on behalf of a passenger for bookable vehicles made available, or to be made available, in providing on‑demand passenger transport services (whether immediately or at a later time) to the passenger; and (ii) communicate the booking to participating bookable drivers; and ( b ) the driver agrees to carry out the on‑demand passenger transport service in the booking by transporting the passenger for hire or reward, using a bookable vehicle, and it does not matter — ( c ) whether or not — (i) the driver is an employee or agent of the provider of the ride‑hail service; or (ii) where the provider of the ride‑hail service is a platform operator, the driver is a platform worker of the provider; or ( d ) whether the vehicle is hired from that provider; “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024; ”.


document_id: pwa-2024
provision_ref: s117
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 117
title: Amendment of Public Entertainments Act 1958
content:
117. In the Public Entertainments Act 1958, in the First Schedule, in paragraph 3( d ), after “registered trade unions,”, insert “registered platform work associations,”.


document_id: pwa-2024
provision_ref: s118
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 118
title: Amendment of Requisition of Resources Act 1985
content:
118. In the Requisition of Resources Act 1985, in section 27 — ( a ) in subsection (2)( b ), replace “had not been” with “not been”; ( b ) in subsection (2), after paragraph ( b ), insert — “ ( ba ) is a platform worker — he or she must be paid such remuneration as would have been derived from his or her provision of a platform service for a platform operator had the person’s service not been requisitioned; ”; ( c ) in subsection (4), replace “subsection (2)( a ) or ( b )” with “subsection (2)( a ), ( b ) or ( ba )”; ( d ) in subsection (4), after “self‑employed person”, insert “or platform worker”; and ( e ) replace subsection (6) with — “ (6) In this section — “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; “platform service” has the meaning given by section 3 of the Platform Workers Act 2024; “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024; “service” includes any work carried out or performed for the competent authority. ”.


document_id: pwa-2024
provision_ref: s119
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 119
title: Amendment of Road Traffic Act 1961
content:
119. In the Road Traffic Act 1961, in section 110B, replace the definitions of “participating bookable driver” and “participating driver agreement” with — “ “participating bookable driver”, for a designated exempt ride-hail service operator, means a driver who has a participating driver agreement with the operator, and it is immaterial whether — ( a ) the driver is an employee or agent of the designated exempt ride-hail service operator; or ( b ) where the designated exempt ride‑hail service operator is a platform operator, the driver is a platform worker of the operator; “participating driver agreement”, in relation to a designated exempt ride‑hail service operator providing a ride-hail service, means an agreement or arrangement between the designated exempt ride‑hail service operator and a driver of a bookable vehicle under which — ( a ) the designated exempt ride‑hail service operator agrees to — (i) take or facilitate any booking by or on behalf of a passenger for bookable vehicles to be made available in providing on‑demand passenger transport services (whether immediately or at a later time) to the passenger; and (ii) communicate the booking to participating bookable drivers; and ( b ) the driver agrees to carry out the on‑demand passenger transport service in the booking by transporting the passenger for hire or reward, using a bookable vehicle, and it does not matter — ( c ) whether or not — (i) the driver is an employee or agent of the designated exempt ride‑hail service operator; or (ii) where the designated exempt ride‑hail service operator is a platform operator, the driver is a platform worker of that operator; or ( d ) whether the vehicle is hired from that operator; “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024; ”.


document_id: pwa-2024
provision_ref: s120
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 120
title: Amendment of Singapore Labour Foundation Act 1977
content:
120. In the Singapore Labour Foundation Act 1977, in section 4 — ( a ) in paragraphs ( a ), ( b ) and ( d ), replace “trade union movement” with “labour movement”; ( b ) in paragraph ( c )(i) and (ii), after “trade unions”, insert “and platform work associations”; ( c ) replace paragraph ( f ) with — “ ( f ) construct and maintain suitable premises for the use of trade unions, platform work associations and co‑operative societies managed by trade unions, platform work associations or both in Singapore; and ”; and ( d ) in paragraph ( g ), replace “trade union” with “labour movement”.


document_id: pwa-2024
provision_ref: s121
chapter: PART 8 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 121
title: Amendment of Societies Act 1966
content:
121. In the Societies Act 1966, in section 2, in the definition of “society”, after paragraph ( d ), insert — “ ( da ) any platform work association registered or required to be registered under the Platform Workers Act 2024; ”.


document_id: ra-1905
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and application
content:
1. This Act is the Railways Act 1905 and shall apply to all railways in Singapore, except a rapid transit system the construction and operation of which is subject to the Rapid Transit Systems Act 1995, and a cross‑border railway the construction and operation of which is subject to the Cross‑Border Railways Act 2018. [21/2018]


document_id: ra-1905
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act and in any rules made thereunder, unless there is something repugnant in the subject or context — “assistant manager” means an assistant to the general manager or manager of a railway; “manager” means the person appointed by the Government or by the government of Malaysia, or by a railway company, as the case may be, to act as general manager or manager of a railway; “passengers’ luggage” means all such articles as a passenger takes with him for his personal use or convenience, according to the habits or wants of the class to which he belongs, with reference to either the immediate necessities or the ultimate purpose of the journey, but does not, except in the case of commercial travellers, include any articles carried for purposes of business, trade or profit; “railway” means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes — ( a ) all land within the fences or other boundary marks indicating the limits of the land appurtenant to a railway; ( b ) all lines of rails, sidings or branches worked over for the purposes of or in connection with a railway; ( c ) all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, and other works constructed for the purposes of or in connection with a railway; ( d ) all ferries, ships, boats and craft which are used for the traffic of a railway and belong to or are hired or worked by the authority administering the railway; ( e ) all engines, passenger coaches, and goods and livestock vehicles, or other rolling stock used for the purpose of carrying on the traffic of the railway; ( f ) all road vehicles used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods, livestock and vehicles; and ( g ) all aircraft used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods and livestock; “railway administration”, in the case of a railway administered by the Government or the government of Malaysia, means the manager and includes the Government and also, so long as the railway is in the course of construction, the resident engineer, and, in the case of a railway administered by a railway company, means the railway company; “railway company” includes any person or persons, whether incorporated or not, who are owners or lessees of a railway or parties to an agreement for working a railway, but shall not include the government of Malaysia; “railway employee” includes the manager, the assistant managers, and all such officers, employees, agents and other persons as are employed to do any act upon a railway; “railway official” includes all persons employed by or on behalf of the railway administration to perform any function in connection with a railway. Powers of assistant managers (2) All duties and powers hereinafter required to be performed and exercised by the manager shall and may be performed and exercised by an assistant manager.


document_id: ra-1905
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Sanction by President of railway construction
content:
3. —(1) If the Government, or the government of Malaysia, or any company is desirous of constructing a railway within Singapore, it shall deposit with the Secretary to the Cabinet a scheme for such railway stating the general direction and terminal points of the proposed railway, accompanied by a map, and thereupon the President, after making such inquiries as he thinks fit, may reject or provisionally approve the scheme. (2) In case the President provisionally approves the scheme, sections 3 and 4 of the Land Acquisition Act 1966 shall be applicable to the lands likely to be needed for the purposes of such railway.


document_id: ra-1905
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Deposit and approval of plans, sections, etc.
content:
4. —(1) After any railway has been provisionally approved under section 3, the Government or the railway company, as the case may be, shall deposit for public inspection in the office of the Chief Surveyor at Singapore — ( a ) plans and sections upon a scale of at least 1:3168, showing the lines and levels of such part of the proposed railway and the limits of deviation — (i) if any alteration is intended in the water level of any canal, or in the level or rate of inclination of any public carriage road or railway which will be crossed by the railway, then the same shall be stated on the section, and each alteration shall be numbered, and cross‑sections in reference to the numbers on a horizontal scale of not less than 1:2400, and on a vertical scale of not less than 1:240, shall be added, which shall show the present surface of such road, canal or railway and the intended surface thereof, when altered; and the greatest of the present and intended rates of inclination of the portion of such road or railway intended to be altered shall also be marked in figures thereon, and where any public carriage road is crossed on the level a cross-section of that road shall also be added, and all such cross-sections shall extend for 183 metres on each side of the centre line of the railway; (ii) wherever the line of the railway is intended to cross any public carriage road, navigable river, canal or railway, the height of the railway over or depth under the surface thereof and the height and span of every arch of all bridges and viaducts by which the railway will be carried over the same shall be marked in figures at every crossing thereof, and where the railway will be carried across any such public carriage road or railway on the level thereof, such crossing shall be so described on the section, and it shall also be stated if such level will be unaltered; (iii) if it is intended to divert, widen or narrow any public carriage road, navigable river, canal or railway, the course of the diversion and the extent of the widening or narrowing shall be marked on the plan; (iv) if it is intended to lay any part of the railway along a road or street, the plan shall show at what distance from an imaginary line drawn along the centre of that road or street it is proposed to lay the rails, and the widths of that road or street shall at all material points be clearly marked in figures on the plan; ( b ) a book of reference containing the names of the owners and lessees or reputed owners and lessees of the lands required or which may be taken for the purposes of this Act in respect of such part. (2) Notice shall be given of the deposit of such plans and books of reference by advertisement in the Gazette and in not less than 2 local newspapers, calling on all persons having any objection to the plans and books of reference to send in a statement of their objection in writing to a Collector of Land Revenue within 3 months from the date of the notice. (3) Such notice shall be published in at least 3 successive issues of the Gazette and of the local newspapers. (4) At the expiration of the period of 3 months the plans and sections referred to in subsection (1) shall be presented to Parliament, together with the objections thereto, and shall be considered and approved or amended by Parliament in Committee. (5) The plans and sections, if approved or amended by Parliament, shall be deemed to be the deposited plans referred to in this Act.


document_id: ra-1905
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Railway to be made according to plans
content:
5. —(1) Any railway constructed under this Act shall be made and maintained in the lines and according to the levels shown on the deposited plans and sections, with all proper bridges, viaducts, stations, sidings, approaches, junctions, roads, buildings, yards, works and conveniences connected therewith and incidental thereto. Deviation (2) The railway administration may deviate from the line of railway shown on the deposited plans, provided that no such deviation shall extend beyond the limits of deviation shown on the plans.


document_id: ra-1905
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Private land may be acquired for railway
content:
6. —(1) Such of the lands shown on such plans and book of reference as are required for the purposes of such railway shall be deemed to be land required for a public purpose within the meaning of the Land Acquisition Act 1966. (2) Proceedings under the Land Acquisition Act 1966 shall be taken separately in respect of each holding mentioned in the book of reference.


document_id: ra-1905
provision_ref: s7
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 7
title: Authority of railway administration to execute all necessary work
content:
7. —(1) Subject to this Act, and subject also as regards the parties thereto to the provisions of any contract entered into between a railway administration and the owners or occupiers of, or other parties interested in, any lands taken or used for the purposes of a railway, and subject also in the case of a company to the provisions of any contract between the Minister and the company, the railway administration may, for the purpose of constructing the railway or the accommodation or other works connected therewith and notwithstanding anything in any other Act for the time being in force — ( a ) make or construct in, upon, across, under or over any lands or any streets, hills, valleys, roads, railways or tramways, or any rivers, canals, brooks, streams or other waters, or any drains, water pipes, gas pipes, electric wires or posts, such temporary or permanent inclined planes, arches, tunnels, culverts, embankments, aqueducts, bridges, roads, lines of railway, ways, passages, conduits, drains, piers, abutments, cuttings and fences as the railway administration thinks proper; ( b ) alter the course of any rivers, brooks, streams or watercourses for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them; and divert or alter, temporarily as well as permanently, the course of any rivers, brooks, streams or watercourses or any roads, streets or ways; or raise or sink the level thereof in order the more conveniently to carry them over or under or by the side of the railway as the railway administration thinks proper; ( c ) make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway; ( d ) erect and construct such houses, warehouses, offices and other buildings and such yards, stations, wharves, engines, machinery, apparatus and other works and conveniences as the railway administration thinks proper; ( e ) alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and substitute others in their stead; and ( f ) do all other acts necessary for making, maintaining, altering or repairing and using the railway. (2) The exercise of the powers conferred on the railway administration by this section shall be subject to the control of the Minister.


document_id: ra-1905
provision_ref: s8
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 8
title: Creeks, bays, arms of the sea and navigable rivers
content:
8. —(1) A railway administration shall not construct on the shore of the sea or of any creek, bay, arm of the sea or navigable river communicating therewith, where and so far up the same as the tide flows and reflows, any work or construct any railway or bridge across any creek, bay, arm of the sea or navigable river where and so far up the same as the tide flows and reflows, without the previous consent in writing of the Minister, and then only according to such plan as the Minister approves. (2) When such work, railway or bridge has been constructed the railway administration shall not alter or extend the same without obtaining, before making any such alteration or extension, the like consent and approval. (3) If any such work, railway or bridge is commenced or completed contrary to this section, the Land Transport Authority, with the approval of the Minister, may abate and remove the same and may restore the site thereof to its former condition at the costs and charges of the railway administration. [4/99]


document_id: ra-1905
provision_ref: s9
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 9
title: Alteration of pipes, wires and drains
content:
9. A railway administration may, for the purpose of exercising the powers conferred upon it by this Act, alter the position of any pipe for the supply of gas, water or compressed air, or the position of any electric wire or of any drain not being a main drain: Provided that — ( a ) when the railway administration desires to alter the position of any such pipe, wire or drain it shall give reasonable notice of its intention to do so and of the time at which it will begin to do so to the public authority or company having control over the pipe, wire or drain; or when the pipe, wire or drain is not under the control of a public authority or company to the person under whose control the pipe, wire or drain is; ( b ) a public authority, company or person receiving notice under paragraph ( a ) may send a person to superintend the work, and the railway administration shall execute the work to the reasonable satisfaction of the person so sent and shall make arrangements for continuing during the execution of the work the supply of gas, water, compressed air or electricity or the maintenance of the drainage, as the case may be.


document_id: ra-1905
provision_ref: s10
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 10
title: Temporary entry upon land for repairing or preventing accident
content:
10. —(1) The Minister may authorise a railway administration, in case of any slip or other accident happening or being apprehended to any cutting, embankment or other work under the control of the railway administration, to enter upon any lands adjoining its railway for the purpose of repairing or preventing the accident and to do all such works as are necessary for the purpose. Report to Minister (2) In case of necessity a railway administration may enter upon the lands and do the works aforesaid without having the previous sanction of the Minister, but in such a case shall, within 72 hours after such entry, make a report to the Minister, specifying the nature of the accident or apprehended accident and of the works necessary to be done. (3) The power conferred on the railway administration by subsection (2) shall cease and determine if the Minister, after considering the report, considers that the exercise of the power is not necessary for the public safety.


document_id: ra-1905
provision_ref: s11
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 11
title: Compensation to be made for lands taken or injuriously affected
content:
11. —(1) A railway administration shall do as little damage as possible in the exercise of the powers conferred by sections 7, 9 and 10, and compensation shall be paid for any damage caused by the exercise thereof. (2) An action shall not lie to recover such compensation, but in case of dispute the amount thereof shall, on application to a Collector of Land Revenue, be determined and paid in accordance as far as may be with the procedure prescribed by sections 10 to 15 and 19 to 40 of the Land Acquisition Act 1966 and section 53 of that Act shall apply to the award of compensation.


document_id: ra-1905
provision_ref: s12
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 12
title: Purchase of land and compensation by agreement
content:
12. Nothing in this Act shall prevent the acquisition of lands for the purposes of a railway by agreement between the Government or the company, as the case may be, and the owners of such lands, or the settling by agreement of the amount of compensation to be paid in respect of lands injuriously affected by the exercise of the powers conferred by this Act.


document_id: ra-1905
provision_ref: s13
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 13
title: Accommodation works
content:
13. —(1) Every railway administration shall make and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway: ( a ) such and so many convenient crossings, bridges, arches, culverts and passages over, under or by the sides of or leading to or from the railway, as are in the opinion of the Minister necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway is made; ( b ) all necessary arches, tunnels, culverts, drains, watercourses or other passages over or under or by the sides of the railway of such dimensions as will, in the opinion of the Minister, be sufficient at all times to convey water as freely from or to the lands lying near or by the railway as before the making of the railway or as nearly so as may be. (2) Subject to the provisions of this Act, the works specified in subsection (1)( a ) and ( b ) shall be made during or immediately after the laying out or formation of the railway over the lands traversed thereby, and in such manner as to cause as little damage or inconvenience as possible to persons interested in the lands or affected by the works. Provisos (3) Subsections (1) and (2) shall be subject to the following provisos: ( a ) a railway administration shall not be required to make any accommodation works in such a manner as would prevent or obstruct the working or using of the railway, or to make any accommodation works with respect to which the owners and occupiers of the land have agreed to receive and have been paid compensation in consideration of their not requiring the works to be made; ( b ) subject to the provisions of this Act, a railway administration shall not be compelled to defray the cost of executing any further or additional accommodation works for the use of the owners or occupiers of the lands after the expiration of 10 years from the date on which the railway passing through the lands was first opened for public traffic; ( c ) where a railway administration has provided suitable accommodation for the crossing of a road or stream, and the road or stream is afterwards diverted by the act or neglect of the person having the control thereof, the railway administration shall not be compelled to provide other accommodation for the crossing of the road or stream. (4) The Minister may appoint a time for the commencement of any work to be executed under subsection (1), and if for 14 days next after that time the railway administration fails to commence the work, or having commenced it fails to proceed diligently to execute it in a sufficient manner, the Minister may execute it and recover from the railway administration the cost incurred by him in the execution thereof.


document_id: ra-1905
provision_ref: s14
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 14
title: Power for owner, occupier or local authority to cause additional accommodation works to be made
content:
14. If an owner or occupier of any land affected by any railway considers the works made under section 13 to be insufficient for the commodious use of the land, or if the Land Transport Authority desires to construct a public road or other work across, under or over the railway, he may at any time require the railway administration to make at his expense such further accommodation works as he thinks necessary and are agreed to by the railway administration or as, in case of difference of opinion, are authorised by the Minister. [4/99]


document_id: ra-1905
provision_ref: s15
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 15
title: Fences, screens, gates and bars
content:
15. —(1) The Minister may require that within a time to be specified in the requisition or within such further time as he appoints in this behalf — ( a ) boundary marks or fences shall be provided or renewed by the railway administration for the railway or any part thereof and for roads constructed in connection therewith; ( b ) any works in the nature of a screen near to or adjoining the side of any public road constructed before the making of the railway shall be provided or renewed by the railway administration for the purpose of preventing danger to passengers on the road by reason of horses or other animals being frightened by the sight or noise of the rolling stock moving on the railway; ( c ) suitable gates, chains, bars, stiles or handrails shall be erected or renewed by the railway administration at places where the railway crosses a public road on the level; ( d ) persons shall be employed by the railway administration to open and shut such gates, chains or bars. Penalty (2) Any railway company which fails to comply with any requisition made under this section shall forfeit to the Government a sum of $100 for every day after the first during which such default continues.


document_id: ra-1905
provision_ref: s16
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 16
title: Over and under bridges
content:
16. —(1) Where the railway administration has constructed the railway across a public road on the level, the Minister may at any time, if it appears to him necessary for the public safety, require the railway administration within such time as he thinks fit to carry the road either under or over the railway by means of a bridge or arch with convenient ascents and descents and other convenient approaches instead of crossing the road on the level, or to execute such other works as in the circumstances of the case appear to the Minister to be best adapted for removing or diminishing the danger arising from the level crossing. (2) The Minister may require as a condition of making a requisition under subsection (1) that the Land Transport Authority shall undertake to pay the whole of the cost to the railway administration of complying with the requisition or such portion of the cost as the Minister thinks just. [4/99]


document_id: ra-1905
provision_ref: s17
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 17
title: Level crossings over public carriageways
content:
17. —(1) Where a railway crosses any public carriage road on a level, the railway administration shall erect and at all times maintain good and sufficient gates across the railway on each side of such road where the road communicates with the railway, and shall employ proper persons to open and shut such gates. (2) Such gates shall be kept constantly closed across such railway except when engines or carriages passing along the railway have occasion to cross such road, and the person entrusted with the care of the gates shall cause the gates to be closed, as soon as the engines or carriages have passed through the gates, under penalty of a sum not exceeding $50 for every default therein. (3) The Minister may in any case order that any of such gates may be kept closed against the road instead of against the railway. (4) The Minister may impose any conditions with regard to such order. Penalty (5) Any railway company which fails to erect or maintain sufficient gates in accordance with this section at any level crossing, or fails to employ a proper person to open and shut such gates shall forfeit to the Government a sum of $100 for every day during which such default continues. (6) ( a ) The Minister may, subject to such conditions as he thinks fit to impose, declare that subsections (1) and (2) shall not apply to such crossings as are specified in the declaration and thereupon the railway administration shall be relieved of the obligations under those subsections in respect of the crossings. Such declaration shall be published in the Gazette . ( b ) Where any such declaration has been made the railway administration shall erect warning boards alongside of the public carriage road and whistle signals upon the railway at suitable distances from such level crossings, and the driver of every locomotive engine shall sound the whistle of his engine in accordance with the signals before the engine crosses the road. ( c ) The railway administration shall not be liable for death or injury caused to any person or for damage to any property by the passage of any locomotive engine or any other rolling stock attached thereto across the public carriage road at such level crossings unless it is proved that the driver of the locomotive engine did not sound the whistle of his engine in accordance with the signals. ( d ) For the purposes of this subsection, “locomotive engine” includes any vehicle used upon the railway which is drawn or propelled by any motive power.


document_id: ra-1905
provision_ref: s18
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 18
title: Level crossings over public roads other than carriageways
content:
18. —(1) If a railway crosses any highway other than a public carriageway on the level, the railway administration shall make where necessary, and at all times maintain, convenient ascents and descents and other convenient approaches with handrails or other fences, and, if the highway is a footway, good and sufficient gates or stiles on each side of the railway where the highway communicates therewith. (2) The manager shall be judge of the necessity in the case of a railway administered by the Government, and the Land Transport Authority in the case of a railway administered by a company. [4/99] Penalty (3) Any railway company which fails to comply with this section shall forfeit to the Government a sum of $100 for every day during which the default continues.


document_id: ra-1905
provision_ref: s19
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 19
title: Removal of trees dangerous to or obstructing the working of a railway
content:
19. —(1) In either of the following cases: ( a ) where there is danger that a tree standing near a railway may fall on the railway so as to obstruct traffic; ( b ) when a tree obstructs the view of any fixed signal, the railway administration may, with the permission of any Magistrate’s Court, fell the tree or deal with it in such other manner as will, in the opinion of the railway administration, avert the danger or remove the obstruction, as the case may be. (2) In case of emergency the power mentioned in subsection (1) may be exercised by the railway administration without the permission of a Magistrate’s Court. (3) Where a tree felled or otherwise dealt with under subsection (1) or (2) was in existence before the railway was constructed or the signal was fixed, any Magistrate’s Court may, upon the application of the persons interested in the tree, award to those persons such compensation as it thinks reasonable. (4) Such an award, subject to an appeal to the General Division of the High Court, shall be final. [40/2019] (5) Except as provided in subsection (3), a civil court shall not entertain a suit to recover compensation for any tree felled or otherwise dealt with under this section.


document_id: ra-1905
provision_ref: s20
chapter: PART 2 - CONSTRUCTION AND WORKS
section: 20
title:
Notice to be given by owner or occupier of land felling or clearing any trees or jungle adjacent to railway

content:
20. —(1) In the event of the owner or the occupier of any land felling or clearing any trees or jungle adjacent to the railway or to any telegraphs or telephones erected thereon, the owner or occupier shall give to the railway administration 7 days’ previous notice in writing of his intention to do so and shall take all such reasonable precautions as the railway administration requires for the protection of the railway or of any telegraphs or telephones erected thereon. (2) In the event of any such owner or occupier causing damage to the railway or to any telegraphs or telephones erected thereon, the amount of any such damage shall, in default of agreement, be recoverable in a summary manner before a Magistrate’s Court. (3) If any such claim exceeds $500 proceedings shall be taken before the General Division of the High Court. [40/2019]


document_id: ra-1905
provision_ref: s21
chapter: PART 3 - OPENING OF RAILWAY
section: 21
title: Right to use locomotives
content:
21. —(1) A railway administration may, with the previous sanction of the Minister, use upon a railway locomotive engines or other motive power and rolling stock to be drawn or propelled thereby. (2) Rolling stock shall not be moved upon a railway by steam or other motive power until such general rules for the railway as are considered necessary have been made, sanctioned and published under this Act.


document_id: ra-1905
provision_ref: s22
chapter: PART 3 - OPENING OF RAILWAY
section: 22
title: Notice of intended opening of railway
content:
22. —(1) Subject to subsection (2), a railway administration shall one month at least before it intends to open any railway for the public carriage of passengers give to the Minister notice in writing of its intention. (2) The Minister may in any case, if he thinks fit, reduce the period of or dispense with the notice mentioned in subsection (1).


document_id: ra-1905
provision_ref: s23
chapter: PART 3 - OPENING OF RAILWAY
section: 23
title: Sanction of Minister to opening of railway
content:
23. —(1) No railway shall be opened for the public carriage of passengers until the Minister has by order sanctioned the opening thereof for that purpose. (2) The sanction of the Minister shall not be given until an engineer, to be appointed by the Minister, has, after inspection of the railway, reported in writing to the Minister that — ( a ) he has made a careful inspection of the railway and rolling stock; ( b ) the weight of rails, strength of bridges, general structural character of the works, and the size of and maximum gross load upon the axles of any rolling stock are such as have been prescribed by the Minister; ( c ) the railway is sufficiently supplied with rolling stock; ( d ) in his opinion the railway can be opened for the public carriage of passengers without danger to the public using it. (3) This section shall extend to the opening of any additional works forming part of or directly connected with the railway which have been constructed after the inspection which preceded the first opening of the railway, and also to any alteration or reconstruction materially affecting the structural character of any work to which this section applies. (4) The Minister may make rules defining the cases in which, and in those cases the extent to which, the procedure prescribed in this section may be dispensed with in regard to the classes of works specified in subsection (3).


document_id: ra-1905
provision_ref: s24
chapter: PART 3 - OPENING OF RAILWAY
section: 24
title: Reopening line after temporary suspension of traffic
content:
24. When an accident has occurred, resulting in a temporary suspension of traffic, and either the original line and works have been rapidly restored to their original standard or a temporary diversion has been laid for the purpose of restoring communication, the original line and works so restored or the temporary diversion, as the case may be, may be opened for the public carriage of passengers subject to the following conditions: ( a ) that the railway employee in charge of the works undertaken by reason of the accident has certified in writing that the opening of the restored line and works or of the temporary diversion will not, in his opinion, be attended with danger to the public using the line and works or the diversion; ( b ) that notice by any form of telecommunication of the opening of the line and works or the diversion shall be sent as soon as possible to the Minister.


document_id: ra-1905
provision_ref: s25
chapter: PART 3 - OPENING OF RAILWAY
section: 25
title: Inspection
content:
25. After any railway has been opened the railway and the rolling stock used thereon shall be inspected by an engineer to be appointed by the Minister at such intervals as the Minister directs.


document_id: ra-1905
provision_ref: s26
chapter: PART 3 - OPENING OF RAILWAY
section: 26
title: Power to close railway when opened
content:
26. —(1) If at any time after inspecting a railway or any rolling stock used thereon the engineer is of opinion that the use of the railway or of any specified rolling stock will be attended with danger to the public using it, he shall state that opinion, together with the grounds hereof, to the Minister. (2) The Minister may thereupon order that the railway shall be closed for the public carriage of passengers, or that the use of the rolling stock so specified shall be discontinued, or that the railway or the rolling stock so specified shall be used for the public carriage of passengers on such conditions only as the Minister considers necessary for the safety of the public. (3) An order under subsection (2) must set forth the grounds on which it is founded.


document_id: ra-1905
provision_ref: s27
chapter: PART 3 - OPENING OF RAILWAY
section: 27
title: Reopening railway when closed
content:
27. —(1) When at any time a railway has been closed under section 26 it shall not be reopened for the public carriage of passengers until it has been inspected and its reopening sanctioned in accordance with this Act. (2) When the Minister has ordered under section 26 that the use of any specified rolling stock shall be discontinued, that rolling stock shall not be used until the engineer has reported that it is fit for use and the Minister has sanctioned its use.


document_id: ra-1905
provision_ref: s28
chapter: PART 3 - OPENING OF RAILWAY
section: 28
title: Penalty for contravention of this Part
content:
28. Any railway company which acts in contravention of any of the provisions of this Part shall forfeit to the Government a sum of $200 for every day during which such contravention continues.


document_id: ra-1905
provision_ref: s29
chapter: PART 4 - RETURNS
section: 29
title: Returns
content:
29. —(1) Every railway company shall, in forms to be approved by the Minister, prepare half‑yearly, or at such intervals as the Minister prescribes, such returns of its capital and revenue transactions and its traffic as the Minister requires, and shall forward a copy of those returns to the Minister at such times as he directs. Penalty (2) Any railway company which fails to comply with this section shall forfeit to the Government a sum of $50 for every day during which the default continues after the 14th day from the date prescribed for the submission of the return.


document_id: ra-1905
provision_ref: s30
chapter: PART 4 - RETURNS
section: 30
title: Provision for letters
content:
30. A railway administration may carry letters on railway service or letters containing invoices or railway receipts for traders.


document_id: ra-1905
provision_ref: s31
chapter: PART 5 - PROPERTY TAX
section: 31
title: Taxation of railway
content:
31. Notwithstanding anything to the contrary in any Act or in any agreement or award based on any Act, the following rules shall regulate the imposition of property tax in respect of the railway and from the railway administration: ( a ) the property tax payable by the railway administration of Malaysia shall not exceed such amount as is fixed by order of the Minister on the application of the Comptroller of Property Tax or of the railway administration; ( b ) nothing in this section is to be construed as debarring the railway administration from entering into a contract with any authority for the supply of water or light or for the scavenging of railway premises, or for any other service which the authority may be rendering or be prepared to render within any part of the local area under its control.


document_id: ra-1905
provision_ref: s32
chapter: PART 6 - LEGAL PROCEEDINGS
section: 32
title: Actions against railway administration, how brought
content:
32. —(1) In the case of a railway administered by the Government or the government of Malaysia all actions and suits which, if the railway were the property of a company under the Companies Act 1967 having its registered office in Singapore might be brought by and against such company, may be brought by and against the manager. (2) For the purpose of all such actions and suits the lands, buildings, rolling stock and other property appertaining to that railway shall be deemed to be the property of the manager.


document_id: ra-1905
provision_ref: s33
chapter: PART 6 - LEGAL PROCEEDINGS
section: 33
title: Restriction on execution or enforcement against railway property
content:
33. —(1) None of the rolling stock, machinery, plant, tools, fittings, materials or effects used or provided by a railway administration for the purpose of the traffic on its railway, or of its stations or workshops, shall be liable to be under or pursuant to an enforcement order or in execution of any decree or order of any court or of any local authority or person having by law power to attach or distrain property, or otherwise to cause property to be under or pursuant to an enforcement order or in execution. [Act 25 of 2021 wef 01/04/2022] (2) Nothing in subsection (1) shall be construed as affecting the authority of any court to attach the earnings of a railway in execution or enforcement of a judgment or order. [Act 25 of 2021 wef 01/04/2022]


document_id: ra-1905
provision_ref: s34
chapter: PART 6 - LEGAL PROCEEDINGS
section: 34
title: Service of summons, notices, etc.
content:
34. —(1) Any summons, notice, order or other document required to be served upon the manager or upon the company, as the case may be, may be served by leaving the same or sending it through the post by a registered letter addressed to the manager or to the company, as the case may be, at the principal office of the railway administration. (2) Where a summons, notice, order or other document is served by post it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the letter containing the summons, notice, order or other document was properly addressed and registered.


document_id: ra-1905
provision_ref: s35
chapter: PART 6 - LEGAL PROCEEDINGS
section: 35
title: Provisions as to railway employees
content:
35. —(1) Every railway employee shall be deemed to be a public servant for the purpose of Chapter 9 of the Penal Code 1871. (2) In section 161 of the Penal Code 1871, “Government” shall for the purpose of subsection (1) be deemed to include a railway administration. (3) Notwithstanding anything in section 21 of the Penal Code 1871, a railway employee shall not be deemed to be a public servant for any of the purposes of that Code except those mentioned in subsection (1). (4) In this section, “railway employee” includes any person who, having been appointed to serve in the railway police force of Malaysia, is actually serving in that capacity in Singapore.


document_id: ra-1905
provision_ref: s36
chapter: PART 7 - RESPONSIBILITY OF RAILWAY
section: 36
title: Liability for loss or injury in respect of goods
content:
36. The railway administration shall in no case be liable for loss or injury to any articles or goods to be carried by the railway unless the loss or injury has been caused by negligence or misconduct on the part of its agents or employees, and unless the articles or goods in respect of which compensation is claimed have been booked and paid for in conformity with this Act or the rules made thereunder.


document_id: ra-1905
provision_ref: s37
chapter: PART 7 - RESPONSIBILITY OF RAILWAY
section: 37
title: Provision as to liability in respect of carriage of certain animals
content:
37. —(1) The responsibility of a railway administration for the loss, destruction or deterioration of animals delivered to the administration to be carried on the railway shall not in any case exceed, in the case of horses, $350 a head, or in the case of mules, donkeys or horned cattle, $100 a head, or in the case of sheep, goats, dogs or other animals, $20 a head, unless the person sending or delivering them to the administration caused them to be declared or declared them at the time of their delivery for carriage by railway to be respectively of higher value. (2) Where such higher value has been declared the railway administration may charge in respect of the increased risk a percentage upon the excess of the value so declared over the respective sums aforesaid. (3) The railway administration shall not under any circumstances be liable for the loss, destruction or deterioration of any animal if such loss, destruction or deterioration is due to fright or restiveness not caused by negligence or misconduct on the part of any railway official, nor for any loss or damage arising from delay in the conveyance of any animal not caused by such negligence or misconduct as aforesaid.


document_id: ra-1905
provision_ref: s38
chapter: PART 7 - RESPONSIBILITY OF RAILWAY
section: 38
title: Liability in respect of vehicles
content:
38. —(1) The railway administration shall not be liable for the loss, destruction or deterioration of any traction engine, motor car or other vehicle delivered to it to be carried on the railway unless that vehicle has been delivered into the custody of a railway clerk or station master and a written acknowledgment of the receipt by the railway administration of the vehicle has been obtained. (2) The responsibility of the railway administration for the loss, destruction or deterioration of traction engines, motor cars and other vehicles delivered into the custody of a railway clerk or station master to be carried on the railway and in respect of which such written acknowledgment as is referred to in subsection (1) has been obtained shall not extend to the payment, in respect of any one vehicle, of any sum in excess of the following limits: ( a ) in the case of a traction engine or motor car of a kind not herein otherwise specifically referred to — $200; ( b ) in the case of a coach, carriage, ghari or omnibus — $100; ( c ) in the case of a motor‑bicycle or motor‑tricycle — $50; ( d ) in the case of any other vehicle — $10, except where the person delivering or causing delivery of a vehicle into the custody of a railway clerk or station master declared it in writing or caused it to be declared in writing at the time of such delivery to be of a value exceeding the limit hereinbefore prescribed in respect of that vehicle and paid by way of compensation for increased risk a sum, in addition to the prescribed charge for carriage by railway, equal to 1% upon the excess of the value so declared over the limit hereinbefore prescribed. (3) In this section — “motor car” includes every description of vehicle propelled by mechanical power other than a traction engine; “traction engine” means every description of vehicle propelled by mechanical power and constructed for the purpose of drawing a carriage or the carriage of goods and merchandise, and includes rollers, road sprinklers, and every other vehicle propelled by mechanical power not constructed for the conveyance of passengers, but shall not include a fire engine or vehicle used in connection therewith; “vehicle” includes, in addition to the vehicles mentioned in subsection (2), carts, wagons, vans, lorries, trishaws, bicycles, tricycles, handcarts and other vehicles used or intended to be used for the conveyance of persons or goods.


document_id: ra-1905
provision_ref: s39
chapter: PART 7 - RESPONSIBILITY OF RAILWAY
section: 39
title: Liability as to passengers’ luggage
content:
39. —(1) The railway administration shall not be responsible for the loss, destruction or deterioration of any article of passengers’ luggage unless it has been delivered into the custody of a railway official and retained in the sole custody of the railway administration. For the purposes of this section luggage placed at the request of a passenger in the compartment in which he intends to travel shall be deemed not to be retained in the sole custody of the railway administration. (2) The responsibility of the railway administration for the loss, destruction or deterioration of any article of passengers’ luggage delivered into the custody of a railway official shall not, whether that article was registered or not, extend to the payment in respect of any one article and its contents of any sum in excess of the limits hereby prescribed — ( a ) in the case of a passenger duly furnished with a ticket for a carriage of the 1st class — $100; ( b ) in the case of a passenger duly furnished with a ticket for a carriage of the 2nd class — $50; ( c ) in the case of a passenger duly furnished with a ticket for a carriage of the 3rd class — $25, unless the value of such article has been declared and a percentage on the amount by which the value of such article exceeds the limits prescribed above has been paid by way of compensation for the increased risk.


document_id: ra-1905
provision_ref: s40
chapter: PART 7 - RESPONSIBILITY OF RAILWAY
section: 40
title: Liability as to articles of special value
content:
40. —(1) When any articles mentioned in the Schedule are contained in any parcel or package delivered to a railway administration for carriage by railway, whether as passengers’ luggage or not, and the value of such articles in the parcel or package exceeds $100, the railway administration shall not be responsible beyond that sum for the loss, destruction or deterioration of the parcel or package unless the person sending or delivering the parcel or package to the railway administration caused its value and contents to be declared or declared them at the time of the delivery of the parcel or package for carriage by railway, and if so required by the railway administration paid or engaged to pay a percentage on the value so declared by way of compensation for increased risk. (2) When any parcel or package of which the value has been declared under subsection (1) has been lost or destroyed or has deteriorated, the compensation recoverable in respect of such loss, destruction or deterioration shall not exceed the value so declared, and the burden of proving the value so declared to have been the true value shall, notwithstanding anything in the declaration, lie on the person claiming the compensation. (3) A railway administration may make it a condition of carrying a parcel declared to contain any article mentioned in the Schedule that the railway employee authorised in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be therein. (4) This section shall not apply to any parcel carried by the railway for any postal authority.


document_id: ra-1905
provision_ref: s41
chapter: PART 7 - RESPONSIBILITY OF RAILWAY
section: 41
title: Liability in case of through booking by rail and boat
content:
41. —(1) When a railway administration contracts to carry passengers, animals, luggage or goods partly by railway and partly by sea, a condition exempting the railway administration from responsibility for any loss of life, personal injury, or loss of or damage to animals, luggage or goods which happens during the carriage by sea from the act of God, the State’s enemies, fire, accidents from machinery, boilers and steam, and all and every other dangers and accidents of the seas, rivers and navigation of whatsoever nature and kind shall, without being expressed, be deemed to be part of the contract. (2) Subject to the condition contained in subsection (1), the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury, or loss of or damage to animals, luggage or goods which, without its actual fault or privity, happens during the carriage by sea, whether from improper navigation or management of the ship or otherwise, to the following extent only: ( a ) in respect of loss of life or personal injury to any passenger, either alone or together with loss of or damage to animals, luggage or goods, the railway administration shall not be liable to damages beyond an aggregate amount not exceeding $125 for each ton of the vessel used for the carriage by sea; [S 40/2022] ( b ) in respect of loss of or damage to any animals, luggage or goods, whether there is in addition loss of life or personal injury or not, the railway administration shall not be liable to damages beyond an aggregate amount not exceeding $60 for each ton of the vessel for the carriage by sea. [S 40/2022] (3) For the purposes of this section, the tonnage of a steam vessel shall be her gross tonnage, and the tonnage of a sailing vessel shall be her registered tonnage. (4) The limitation of liability under this section shall relate to the whole of any losses or damages which arise upon any one distinct occasion, although such losses or damages are sustained by more than one person. (5) The burden of proving that any such loss, injury or damage as is mentioned in subsection (1) happened during the carriage by sea shall be upon the railway administration.


document_id: ra-1905
provision_ref: s42
chapter: PART 7 - RESPONSIBILITY OF RAILWAY
section: 42
title: Liability in respect of contracts to carry by river or sea and not by railway
content:
42. When the railway administration contracts to carry by river or sea but not by railway any merchandise, machinery, bales, boxes, casks, crates or any other article or thing whatsoever for transhipment from a ship or boat to another ship or boat or to the shore or from the shore to any ship or boat, the railway administration shall not be liable for loss of or damage to any article or thing which in pursuance of such contract is in or upon any ship, boat, lighter or other vessel of or employed by the railway administration, whether the same is in motion or not, unless the loss or damage arises from or is caused by the wilful default of the railway administration or its employees.


document_id: ra-1905
provision_ref: s43
chapter: PART 7 - RESPONSIBILITY OF RAILWAY
section: 43
title: Burden of proof in respect of loss of animals or goods
content:
43. —(1) Subject to any agreement in writing to the contrary, in any suit against a railway administration for compensation for loss, destruction or deterioration of animals or goods or passengers’ luggage delivered to the railway administration for carriage by railway, it shall not be necessary for the claimant to prove how the loss, destruction or deterioration was caused. [Act 25 of 2021 wef 01/04/2022] (2) In every such proceedings the burden of proving the value of the animals or goods or passengers’ luggage, and, where the same have been injured, the extent of the injury, shall lie upon the person claiming the compensation.


document_id: ra-1905
provision_ref: s44
chapter: PART 7 - RESPONSIBILITY OF RAILWAY
section: 44
title: Notification of claims to refund of overcharges and compensation for losses
content:
44. No person shall be entitled to a refund of an overcharge in respect of animals or goods carried by a railway or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried unless his claim to the refund or compensation has been preferred in writing by him, or on his behalf, to the railway administration within 6 months from the date of the delivery of the animals or goods for carriage by railway.


document_id: ra-1905
provision_ref: s45
chapter: PART 7 - RESPONSIBILITY OF RAILWAY
section: 45
title: Exoneration from responsibility in case of goods falsely described
content:
45. —(1) Notwithstanding anything in this Part, a railway administration shall not be responsible for the loss, destruction or deterioration of any goods with respect to the description of which a materially false account has been given to the railway administration by the owner or person having charge thereof if the loss, destruction or deterioration is in any way brought about by the false account. (2) The railway administration shall not be responsible in any case for an amount exceeding the value of the goods if such value were calculated in accordance with the description contained in the false account.


document_id: ra-1905
provision_ref: s46
chapter: PART 8 - ACCIDENTS
section: 46
title: Notice of accident to be given
content:
46. —(1) Whenever an accident occurs upon a railway — ( a ) the station master nearest to the place at which the accident occurs shall without unnecessary delay give notice of the accident in writing or by any form of telecommunication to the officer in charge of the nearest police station; and ( b ) the railway administration shall without unnecessary delay send written notice of the accident to the Minister. (2) The notice shall contain a brief statement of the nature of the accident and of the injuries or damage caused.


document_id: ra-1905
provision_ref: s47
chapter: PART 8 - ACCIDENTS
section: 47
title: Joint inquiry
content:
47. —(1) As soon as possible after the occurrence of an accident the railway administration shall cause an inquiry (hereinafter referred to as a joint inquiry) to be made by a committee of railway officials for the investigation of the causes which led to the accident: Provided that in cases where — ( a ) there is no reasonable doubt as to the cause of the accident; or ( b ) one sub-department of the railway accepts all responsibility, it shall not be necessary to hold such joint inquiry. Departmental inquiry (2) Where a joint inquiry is not held the head of the sub-department of the railway responsible for the accident shall cause a departmental inquiry to be held. Report of inquiry (3) The railway administration shall report the result of the joint or departmental inquiry to the Minister, and shall state what action it is proposed to take in regard to the officials responsible for the accident or for the revision of the rules or system of working.


document_id: ra-1905
provision_ref: s48
chapter: PART 8 - ACCIDENTS
section: 48
title: Minister may order inquiry by Magistrate
content:
48. —(1) The Minister may, in any case in which he considers it advisable, order that an inquiry into the cause of any accident be made by any Magistrate or other person designated in such order. (2) A Magistrate appointed to hold an inquiry under this section shall have all the powers which he would have in holding an inquiry into an offence. (3) Any other person so appointed shall have and may exercise for the purposes of such inquiry all the statutory and other powers which shall be for the time being vested in and exercisable by a Magistrate for summoning and enforcing the attendance of witnesses, for administering oaths or affirmations to such witnesses and for compelling such witnesses to answer all reasonable and proper questions relative to the matters which are the subject of such inquiry. Report of inquiry (4) The Magistrate or other person holding such inquiry shall submit to the Minister a copy of the proceedings and a report in writing as to the cause or origin of the accident, and shall state whether in his opinion it was caused by design or was the result of accident or of negligence, stating the full particulars of the case and the conclusions at which he has arrived.


document_id: ra-1905
provision_ref: s49
chapter: PART 8 - ACCIDENTS
section: 49
title: Meaning of “accident”
content:
49. For the purpose of sections 46, 47 and 48, “accident” means an accident attended by loss of human life or grievous hurt, within the meaning of the Penal Code 1871, to any passenger upon any train or to any person engaged in the working of the railway or by serious damage to property, or an accident of such a description as is usually attended by such loss, hurt or damage.


document_id: ra-1905
provision_ref: s50
chapter: PART 8 - ACCIDENTS
section: 50
title: Power to make rules regarding notices, etc.
content:
50. The Minister may make rules for — ( a ) prescribing the forms of the notices mentioned in section 46, and the particulars of the accident which those notices are to contain; ( b ) prescribing the class of accidents of which notice is to be sent by any form of telecommunication immediately after the accident has occurred; ( c ) prescribing the duties of railway employees or police officers on the occurrence of an accident; ( d ) holding inquiries into accidents.


document_id: ra-1905
provision_ref: s51
chapter: PART 8 - ACCIDENTS
section: 51
title: Submission of return of accidents
content:
51. Every railway administration shall send to the Minister a return of accidents occurring upon its railway, whether attended with personal injury or not, in such form and manner and at such intervals of time as the Minister directs.


document_id: ra-1905
provision_ref: s52
chapter: PART 8 - ACCIDENTS
section: 52
title: Penalties for failure to comply with sections 46 and 50
content:
52. —(1) Any railway company which fails to give such notice of an accident as is required by section 46 and the rules for the time being in force under section 50 shall forfeit to the Government a sum of $100 for every day during which the omission continues. (2) Any station master or railway employee who omits to give such notice of an accident as is required by section 46 and the rules made under section 50 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50.


document_id: ra-1905
provision_ref: s53
chapter: PART 8 - ACCIDENTS
section: 53
title: Penalty for failure to comply with section 51
content:
53. Any railway company which fails to comply with section 51 with respect to the submission of any return shall forfeit to the Government a sum of $50 for every day during which the default continues after the 14th day from the date prescribed for the submission of the returns.


document_id: ra-1905
provision_ref: s54
chapter: PART 8 - ACCIDENTS
section: 54
title: Provision for compulsory medical examination of person injured in railway accident
content:
54. Whenever any person injured by an accident on a railway claims compensation on account of the injury, any court, or person having by law or consent of the parties authority to determine the claim, may order that the person injured be examined by some duly qualified medical practitioner named in the order and not being a witness on either side, and may make such order with respect to the costs of the examination as it or he thinks fit.


document_id: ra-1905
provision_ref: s55
chapter: PART 9 - MANAGEMENT
section: 55
title: General rules
content:
55. —(1) The railway administration, subject to the approval of the Minister, shall make general rules for — ( a ) regulating the mode in which and the speed at which the rolling stock used on any railway is to be moved or propelled; ( b ) providing for the accommodation and convenience of passengers and regulating the carriage of their luggage; ( c ) declaring what shall be deemed to be for the purposes of this Act dangerous or offensive goods, and for regulating the carriage of those goods; ( d ) regulating the classification of goods and specifying the goods that are to be charged for at special rates; ( e ) regulating the conduct of the railway employees; ( f ) fixing the charges to be made for the conveyance of passengers, passengers’ luggage, parcels, goods, animals and vehicles by the railway; ( g ) regulating the conditions on which the railway administration will carry persons suffering from infectious or contagious diseases, and providing for the disinfection of carriages which have been used by such passengers; ( h ) regulating the terms and conditions on which the railway administration will warehouse or store or retain passengers’ luggage, parcels and goods at any station for or on behalf of the consignee or owner; ( i ) regulating the travelling upon and the use, working and management of the railway. (2) The rules may provide that any person committing a breach of any of them shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50. (3) The railway administration shall keep at each station on its railway a copy of the tariff book for the time being in force under this section, and shall allow any person to inspect it at all reasonable times. Penalty (4) Any railway company which omits to make general rules in accordance with this section shall forfeit to the Government a sum of $20 for every day during which such omission continues.


document_id: ra-1905
provision_ref: s56
chapter: PART 9 - MANAGEMENT
section: 56
title: Special rates for goods traffic
content:
56. Notwithstanding anything in section 55, it shall be lawful for the railway administration to prescribe special rates for rail or road services, not exceeding in any case the rate prescribed by rules made under that section.


document_id: ra-1905
provision_ref: s57
chapter: PART 9 - MANAGEMENT
section: 57
title: Disposal of differences between railways regarding conduct of joint traffic
content:
57. Where 2 or more railway administrations whose railways have a common terminus or a portion of the same line of railway communication are not able to agree upon arrangements for conducting at such common terminus or at the point of junction between them their joint traffic with safety to the public, the Minister, upon the application of either or of any of such administrations, may decide the matters in dispute between them, so far as those matters relate to the safety of the public, and may determine whether the whole or what proportion of the expenses attending on such arrangements shall be borne by either or any of the administrations respectively.


document_id: ra-1905
provision_ref: s58
chapter: PART 9 - MANAGEMENT
section: 58
title: Maximum load for wagons
content:
58. —(1) The railway administration shall determine the maximum load for every wagon or truck in its possession, and shall exhibit the load so determined in a conspicuous manner on the outside of every such wagon or truck. (2) Every person owning a wagon or truck which passes over the railway shall similarly determine and exhibit the maximum load for the wagon or truck. (3) The gross weight of any such wagon or truck bearing upon the axles when the wagon or truck is loaded to such maximum load shall not exceed such limit as is approved by the Land Transport Authority for the class of axle under the wagon or truck. [4/99] Penalty (4) Any railway company which and any person who fails to comply with this section shall forfeit to the Government a sum of $20 for every day during which this section is contravened.


document_id: ra-1905
provision_ref: s59
chapter: PART 9 - MANAGEMENT
section: 59
title: Maximum number of passengers
content:
59. —(1) Every railway administration shall fix, subject to the approval of the Minister, the maximum number of passengers which may be carried in each compartment of every description of carriage, and shall exhibit the number so fixed in a conspicuous manner inside or outside each compartment in English, Malay, Chinese and Tamil. Penalty (2) Any railway company which contravenes this section shall forfeit to the Government a sum of $20 for every day during which this section is contravened.


document_id: ra-1905
provision_ref: s60
chapter: PART 9 - MANAGEMENT
section: 60
title: Immunity from arrest
content:
60. No person connected with the direct working of a railway shall be removed under arrest by the police while actually engaged in the performance of his duties, until the head of the department in which he is employed has had an opportunity of providing a substitute for him.


document_id: ra-1905
provision_ref: s61
chapter: PART 9 - MANAGEMENT
section: 61
title: Punishment to be imposed by manager
content:
61. —(1) The manager of a railway administered by the Government or by the government of Malaysia may, at his discretion and subject to subsection (2), summarily dismiss on the ground of misconduct, continued neglect of duty, incompetence or inefficiency any railway official not under written agreement and in receipt of a salary of less than $400 per month, or may suspend any such official from the performance of his duties or may reduce such official to a lower grade. Appeal (2) Any official so dismissed, suspended or reduced shall have the right of appeal to the Minister or the appropriate Minister of Malaysia, as the case may be. (3) If such suspension, dismissal or reduction is confirmed by the Minister or the appropriate Minister of Malaysia, as the case may be, the official, if suspended, shall thereupon be dismissed from the service of the Government, or, if already dismissed by the manager, shall be deemed to be finally dismissed without further appeal. By-laws (4) The manager may make such by‑laws as he thinks fit for the purpose of regulating the conduct of the officials employed on the railway, and a copy thereof shall be given to every official affected thereby. (5) The manager may by such by‑laws impose such reasonable penalties upon all persons, being officials employed on the railway, offending against those by‑laws as he thinks fit, not exceeding in any one month 7 days’ pay of any such official. Appeal against penalties (6) Any such official who feels aggrieved by any such penalty may appeal to the Minister or the appropriate Minister of Malaysia, as the case may be, whose decision shall be final. (7) The imposition of fines under subsection (5) upon any official employed on the railway shall, subject to subsection (6), be wholly within the discretion of the manager; and in the event of his considering that any offence or misconduct in respect of which the fine has been incurred would be better dealt with by a criminal prosecution, he may institute such prosecution in lieu of the imposition of such fine.


document_id: ra-1905
provision_ref: s62
chapter: PART 9 - MANAGEMENT
section: 62
title: Fares to be prepaid and passengers’ tickets to be given up on demand
content:
62. —(1) No person shall enter any carriage used on a railway or any steamer or other vessel used for carrying on the traffic of a railway, for the purpose of travelling therein, without first having paid his fare and obtained a ticket. (2) Every person desirous of travelling on the railway shall, upon payment of his fare, be furnished with a ticket specifying the class of carriage or accommodation for, and the station or place from, and the station or place to, which the fare has been paid, and shall when required show his ticket to any railway official duly authorised to examine the ticket, and shall deliver up the ticket upon demand to any railway official duly authorised to collect tickets. (3) Any person travelling without a ticket or not producing or delivering up his ticket as aforesaid shall be liable to pay — ( a ) the fare for the distance travelled or, where there is any doubt as to the station or place from which he started, the fare from the station or place from which the train, steamer or vessel originally started; and in addition ( b ) a special charge of 50 cents, 25 cents or 10 cents according as he travelled in a carriage or enjoyed accommodation of the 1st, 2nd or 3rd class. (4) Such fare and special charge shall be paid on demand to any railway official duly authorised to collect tickets and, if not so paid, payment thereof may be enforced in the same manner as any fine imposed under this Act.


document_id: ra-1905
provision_ref: s63
chapter: PART 9 - MANAGEMENT
section: 63
title: Fare and freight to be accepted conditionally
content:
63. —(1) The fare and freight paid for the conveyance of passengers or goods by any particular train, steamer or other vessel shall be deemed to be accepted only upon condition that there is room in such train, steamer or other vessel for the passengers or goods to be conveyed. (2) In case there is not room for all the passengers or goods, those passengers who have obtained tickets for the longest distance shall have the preference, and those who have obtained tickets for the same distance shall have the preference according to the order in which they have received their tickets, and the like order shall be observed as to goods. (3) All officers and troops on duty, and all other persons travelling on the business of the Government shall be entitled to be conveyed on the railway in preference to or in priority over the public without reference to the distance for which, or the order in which, they have received their tickets.


document_id: ra-1905
provision_ref: s64
chapter: PART 9 - MANAGEMENT
section: 64
title: Penalty for fraud
content:
64. Any person who — ( a ) defrauds or attempts to defraud a railway administration — (i) by travelling or attempting to travel upon the railway without having previously paid his fare; (ii) by riding in or upon a carriage of a higher class than that for which he has paid his fare; or (iii) by continuing his journey in or upon any of the carriages beyond the station for which he has paid his fare without having previously either paid the fare for the additional distance or obtained the sanction of the station master or guard of the train; ( b ) knowingly and wilfully refuses or neglects on arriving at the station to which he has paid his fare to quit such carriage and railway premises; ( c ) transfers or profits by the transfer of the return half of any ticket obtained by him; or ( d ) in any other manner whatever attempts to evade the payment of his fare, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100 for each offence.


document_id: ra-1905
provision_ref: s65
chapter: PART 9 - MANAGEMENT
section: 65
title: Fines for entering carriages in motion or riding on the steps
content:
65. Any passenger who gets into or upon or attempts to get into or upon or quits or attempts to quit any carriage upon a railway while that carriage is in motion, or who rides or attempts to ride upon the railway on the steps or any other part of a carriage, except on those parts which are intended for the accommodation of passengers, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 for each offence.


document_id: ra-1905
provision_ref: s66
chapter: PART 9 - MANAGEMENT
section: 66
title: Fine for riding on engine, tender or luggage van
content:
66. Any person other than the engineman and fireman and assistant fireman, if any, who without the special licence of the manager or locomotive superintendent rides or attempts to ride upon any locomotive engine or tender upon a railway, and any person other than the guard or brakesman who without special permission of the manager or traffic manager rides or attempts to ride upon the railway in or upon any luggage van or goods wagon or other vehicle not appropriated to the carriage of passengers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40 for each offence.


document_id: ra-1905
provision_ref: s67
chapter: PART 9 - MANAGEMENT
section: 67
title: Penalty for smoking etc., in prohibited places
content:
67. —(1) No person shall smoke, expectorate or chew betel, bhang, tobacco, opium or other like substance in or upon any platform, waiting room, booking hall, office, carriage, passage, subway or footbridge or in any other place belonging to the railway where such smoking, expectoration or chewing is prohibited. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 for each offence. (3) Any person who persists in infringing this section, after being warned to desist by any railway official or passenger, may, in addition to incurring the liability abovementioned, be removed by any official from any such carriage and from the premises appertaining to the railway and shall, if a passenger, forfeit his fare.


document_id: ra-1905
provision_ref: s68
chapter: PART 9 - MANAGEMENT
section: 68
title: Penalty for intoxication or nuisance
content:
68. —(1) Any person who — ( a ) is in a state of intoxication or is insufficiently or indecently clad; ( b ) commits any nuisance or act of indecency in any railway carriage or upon any part of the premises appertaining to a railway; or ( c ) wilfully and without lawful excuse interferes with the comfort of any passenger on the railway, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40 or to imprisonment for a term not exceeding 3 months or to both. (2) In addition to such liability the offender may be removed by any railway official from any such carriage and also from the premises appertaining to the railway and shall, if a passenger, forfeit his fare.


document_id: ra-1905
provision_ref: s69
chapter: PART 9 - MANAGEMENT
section: 69
title: Penalty for improper use of emergency signal apparatus
content:
69. Any person who makes improper use of the emergency signal apparatus provided in any carriage or on any train by the railway administration for the use of passengers to stop a train in the case of emergency shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.


document_id: ra-1905
provision_ref: s70
chapter: PART 9 - MANAGEMENT
section: 70
title: Passengers may be directed as to the carriage in which they shall travel
content:
70. —(1) Any passenger may be directed by a station master, guard or other railway official to enter and travel in any carriage or compartment which such railway official indicates, not being of a lower class than that for which he has paid his fare. (2) Any passenger who refuses or neglects to conform to such direction may be removed by any railway official from the premises appertaining to the railway and shall forfeit his fare.


document_id: ra-1905
provision_ref: s71
chapter: PART 9 - MANAGEMENT
section: 71
title: Penalty for entering private room or carriage
content:
71. If any special carriage or portion of a carriage or any private room or apartment is provided for the exclusive use of females, any male person who without lawful excuse enters such carriage or portion of a carriage or any such room or apartment knowing the same to be so appropriated, or remains therein after having been informed of its exclusive appropriation, or if any special carriage or compartment has been reserved for the private use of any person or persons and anyone without lawful excuse enters that carriage or compartment knowing the carriage to be so reserved, or remains therein after being requested to leave, or if any person who has obtained a ticket of one class knowingly and wilfully refuses or neglects to leave any room or place set apart for passengers of a higher class, that person may be forthwith removed therefrom and also from the premises appertaining to the railway by any railway official and shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100 and shall, if a passenger, forfeit his fare.


document_id: ra-1905
provision_ref: s72
chapter: PART 9 - MANAGEMENT
section: 72
title: Remedy for non-payment of sum due for the carriage of goods
content:
72. —(1) If any person fails to pay on demand any sum due to or recoverable by a railway administration in respect of any goods, whether the sum is due for conveyance, handling, storage, demurrage, wharfage and other port charges, or in repayment of any sum disbursed by a railway administration, or otherwise, the manager may detain all or any part of such goods, or if the goods have been removed from the premises appertaining to the railway, any other goods of that person which are then on the railway or thereafter come into the possession of the railway administration, and also after reasonable notice to that person may sell by public auction a sufficient quantity of the goods to realise the sum payable as aforesaid and all charges and expenses of such detention and sale; and out of the proceeds of the sale may retain the sum so payable together with the charges and expenses aforesaid rendering the surplus, if any, of the money arising by the sale and such of the goods as remain unsold to the person entitled thereto; or the manager may recover any such sum by action at law. (2) The goods of passengers may also be detained and sold and the proceeds disposed of as above provided for non-payment of the fare due by them.


document_id: ra-1905
provision_ref: s73
chapter: PART 9 - MANAGEMENT
section: 73
title: Written account of goods to be given on demand
content:
73. —(1) The owner or person having the care of any goods which have been carried upon a railway, or are brought to the premises appertaining to a railway for the purpose of being carried on the railway, shall on demand by any railway official deliver to that official an exact account in writing signed by him of the number or quantity and description of the goods. Penalty for giving no account or false account (2) Any such owner or person who on demand by any railway official fails to give such account to such railway official, or wilfully gives a false account, shall for every such offence be liable on conviction to a fine not exceeding $40 for every ton of goods and to a fine not exceeding $20 for any quantity of goods less than a ton. [S 40/2022] (3) This section shall not apply to passengers’ luggage.


document_id: ra-1905
provision_ref: s74
chapter: PART 9 - MANAGEMENT
section: 74
title: Carriage of goods of a dangerous nature
content:
74. —(1) No person shall carry upon a railway any dangerous article, or be entitled to require any railway official to carry upon the railway any article which in the judgment of any railway official is of a dangerous nature or so bulky that it would be unsafe for the railway to convey that article. Penalty (2) Any person who carries upon the railway any dangerous article, or delivers for carriage any such article without distinctly declaring the nature of the article, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200 for every such offence. (3) Any railway official may refuse to carry any luggage or parcel that is suspected to contain articles of a dangerous nature, and may require the luggage or parcel to be opened. (4) In case any such luggage or parcel has been received by any railway official for the purpose of being carried on the railway, any railway official may stop the transit thereof until he is satisfied as to the nature of the contents of the luggage or parcel.


document_id: ra-1905
provision_ref: s75
chapter: PART 9 - MANAGEMENT
section: 75
title: Persons suffering from leprosy, etc., not allowed to travel
content:
75. —(1) Any person who, knowing himself to be suffering from leprosy, smallpox, or other contagious or infectious disease, travels by a railway, except in accordance with any rules made in that behalf under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500. (2) If any person while travelling is discovered to be so suffering, any railway official may remove him from the carriage and from the railway premises at the first opportunity, and that person may, in addition to any fine, be ordered to pay the amount of any expenses incurred in the disinfection of any carriage or portion of a carriage occupied by him while so travelling. (3) Any such carriage or portion of a carriage shall be properly disinfected as soon as practicable, and shall not be used for the conveyance of passengers till it has been so disinfected. Penalty (4) Any railway company which fails to cause any such carriage to be disinfected in accordance with this section shall forfeit to the Government the sum of $20 for every day during which such default continues.


document_id: ra-1905
provision_ref: s76
chapter: PART 9 - MANAGEMENT
section: 76
title: Penalty for removing stakes or pegs
content:
76. Any person who removes any stakes or pegs, or other marks placed by any railway official along the line of the railway or contiguous thereto for the purpose of setting out, tracing or showing such line, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40.


document_id: ra-1905
provision_ref: s77
chapter: PART 9 - MANAGEMENT
section: 77
title: Penalty for trespass
content:
77. —(1) Any person who trespasses upon a railway or upon any of the lands, stations or other premises appertaining thereto, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20. (2) Any such person who refuses to leave the railway or premises on being requested to do so by any railway official shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40 and may be immediately removed therefrom.


document_id: ra-1905
provision_ref: s78
chapter: PART 9 - MANAGEMENT
section: 78
title: Penalty for driving an animal upon or across a railway
content:
78. Any person who wilfully rides, leads or drives upon or across a railway any animal, except in directly crossing the railway at any road or place appointed for that purpose at a time at which he may lawfully do so, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40 for each offence.


document_id: ra-1905
provision_ref: s79
chapter: PART 9 - MANAGEMENT
section: 79
title: Penalty for defacing pass or ticket
content:
79. Any person who wilfully alters or defaces his pass or ticket so as to render the date, number, or any material portion thereof illegible shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.


document_id: ra-1905
provision_ref: s80
chapter: PART 9 - MANAGEMENT
section: 80
title: Penalty for obstructing railway employee
content:
80. Any person who wilfully obstructs or impedes any railway employee in the discharge of his duty shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.


document_id: ra-1905
provision_ref: s81
chapter: PART 9 - MANAGEMENT
section: 81
title: Occupation crossings
content:
81. —(1) The Minister may declare by notification in the Gazette any road or path which a railway crosses to be an “occupation crossing”. (2) The gates of such occupation crossings shall not close across the railway, and shall be kept locked by means of padlocks, the keys of which shall be kept by railway officials. (3) A duplicate of the key of the padlock of the gates of any occupation crossing may be entrusted by the railway administration to any person having frequent occasion to use such occupation crossing to be retained during the pleasure of the railway administration and used by him at his discretion subject to a penalty of $1,000 for misuse. (4) Any other person desiring to use an occupation crossing shall give notice of his intention to do so to the railway official with whom the key of the padlock is deposited. (5) The railway administration shall define from time to time the hours suitable for such openings, and the gates shall only be opened by such railway official at the times so defined. (6) Cattle passing over the occupation crossing shall not be driven but led by a suitable and properly secured halter. Penalty (7) Any person other than a person entrusted with a key under subsection (3) who uses or attempts to use an occupation crossing without such notice, or at hours other than those defined, and any person who causes cattle to cross without such halter, and the owner of any cattle so crossing shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40 or to imprisonment for a term not exceeding 3 months. (8) Occupation crossings may, with the approval of the Minister, be sanctioned and opened upon any existing line at the discretion of, and upon conditions imposed by the manager, the first cost of construction and an annual rent for maintenance being payable by the person for whom such crossing is constructed. (9) The manager, with the approval of the Minister, may at any time close any occupation crossing; or, in the event of the neglect of the owner or occupier to comply with the conditions imposed, may, with the like approval, appoint and maintain at such crossing an officer of the railway at the expense of the owner or occupier, and such expense shall be payable in addition to any other sums recoverable under this Act.


document_id: ra-1905
provision_ref: s82
chapter: PART 9 - MANAGEMENT
section: 82
title: Liability of owner of animal found trespassing
content:
82. —(1) The owner of any animal which trespasses or strays upon the railway or upon any land appertaining to the railway, such railway or lands being provided with suitable fences for excluding cattle, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10 for each animal. (2) Any railway official may take or drive every animal so found trespassing to the nearest police station, there to be detained until the highest amount of fine incurred by such trespass and the expense of feeding and keeping the animal is paid, or until a Magistrate’s Court otherwise orders. (3) If such animal becomes unmanageable or suffers from fatal or serious injury any railway official not below the rank of station master may shoot or otherwise destroy it, and the owner shall be liable to prosecution and fine if the trespass is proved. (4) A Magistrate’s Court may, upon proof of the trespass, cause such animal to be sold by public auction, and the proceeds of the sale, after deducting therefrom such fine as the Court may award and such further sum as the Court may order to be paid for the expense of detaining, feeding and selling such animal, shall be returned to the owner of the animal on demand. (5) Nothing in this section shall be deemed to render the railway administration liable for any injury to any animal trespassing or straying upon the railway or upon any land appertaining to the railway for which the railway administration would not have been liable if this section had not become law.


document_id: ra-1905
provision_ref: s83
chapter: PART 9 - MANAGEMENT
section: 83
title: Penalty for damage, wilful or negligent
content:
83. —(1) Any person who — ( a ) wilfully or negligently damages or injures any carriage, engine, wagon, truck, station, warehouse, bridge, tunnel, culvert, building, machine, rail, points, or any other matter or thing belonging to the railway; ( b ) removes sand or stone or earth or any other matter or thing from banks, bridges, culverts, retaining walls or permanent way of the railway; or ( c ) fells timber in a manner likely to endanger the safety of passing trains, or of any person in or upon such trains, or to cause damage to the permanent way, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200 or to imprisonment for a term not exceeding one year. (2) Any person who ties up the wires of wire fencing, breaks down or destroys any fencing or hedges, or does or causes to be done any act that damages, or is likely to damage, any fence or hedge appertaining to the railway, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100. (3) Any person who wilfully diverts any stream or drain, or by any means causes water to flow on to the railway, or causes damage to the railway in any way by water, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200. (4) Any person who having any contract for the supply of bricks, ballast, timber, fuel, or any other material to the railway, or being employed in connection with the supply to the railway of such material, negligently places or stacks the material in an unsafe or careless manner, or at less than the prescribed distance from the rails so that the safety of passing trains, or of any person in or upon such trains is endangered, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.


document_id: ra-1905
provision_ref: s84
chapter: PART 9 - MANAGEMENT
section: 84
title: Penalty for opening or not properly shutting gates or chains
content:
84. Any person for whose use or accommodation any gate or chain has been set up by any railway official on either side of a railway, or any other person, who opens such gate or chain, or passes, or attempts to pass, or drives, or attempts to drive, any cattle, carriage or other animal or thing across the railway at a time when any engine or train approaching along the gate or chain is in sight, or at any time omits to shut and fasten such gate or chain as soon as he and any cattle, carriage, or other animal or thing under his charge have passed through the gate or chain, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.


document_id: ra-1905
provision_ref: s85
chapter: PART 9 - MANAGEMENT
section: 85
title: Penalty for causing train to stop
content:
85. Any person, not being a railway official, who, without reasonable excuse to be allowed by the court, causes a train travelling upon the railway to be brought to a standstill, by making any gesture or exhibiting any signal or otherwise, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.


document_id: ra-1905
provision_ref: s86
chapter: PART 9 - MANAGEMENT
section: 86
title: Obstructing engine or carriages or endangering safety of passengers
content:
86. Any person who wilfully and maliciously puts, places, casts, or throws upon or across a railway any wood, stone, matter or thing, or takes up, removes or displaces any rail, sleeper, matter or thing belonging to a railway, or turns, moves or diverts any points or other machinery belonging to a railway, or makes, shows, hides or removes any signal or light upon or near a railway, or does or causes to be done, any act with intent in any of the cases aforesaid to upset, obstruct, overthrow, injure or destroy any engine, tender, carriage or truck used upon a railway, or to endanger the safety of any persons travelling or being upon the railway, or casts, throws or causes to fall or strike against, into or upon any engine, tender, carriage or truck used upon a railway any wood, stone or other matter or thing with intent to endanger the safety of any person being in or upon such engine, tender, carriage or truck, shall be guilty of an offence and shall be liable on conviction to caning, or to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 20 years or to any 2 of these punishments.


document_id: ra-1905
provision_ref: s87
chapter: PART 9 - MANAGEMENT
section: 87
title: Penalty for wilful act or omission endangering passenger
content:
87. Any person who wilfully does any act, or wilfully omits to do what he is legally bound to do, intending by such act or omission to cause, or knowing that he is thereby likely to cause, the safety of any person travelling or being upon a railway to be endangered, shall be guilty of an offence and shall be liable on conviction to caning, or to a fine not exceeding $200 or to imprisonment for a term not exceeding 7 years or to any 2 of these punishments.


document_id: ra-1905
provision_ref: s88
chapter: PART 9 - MANAGEMENT
section: 88
title: Penalty for drunkenness or breach of duty of railway official
content:
88. Any railway official who — ( a ) is in a state of intoxication whilst actually employed upon a railway, or any of the works connected therewith, in the discharge of any duty; ( b ) refuses or neglects to perform his duty; or ( c ) performs his duty in an improper manner, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100, and if the duty is such that the refusal or neglect to perform the duty or improper performance thereof, as the case may be, is likely to endanger the safety of any person travelling or being upon the railway, shall be liable to a fine not exceeding $200 or to imprisonment for a term not exceeding one year or to both.


document_id: ra-1905
provision_ref: s89
chapter: PART 9 - MANAGEMENT
section: 89
title: Penalty for rash or negligent act
content:
89. Any person who rashly or negligently and without lawful excuse does any act which is likely to endanger his own safety or that of any person travelling or being upon a railway shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ra-1905
provision_ref: s90
chapter: PART 9 - MANAGEMENT
section: 90
title: Breach of rules
content:
90. Any person who wilfully does any act which is forbidden, or neglects to do any act which is required, by any rules made under this Act and for which no penalty is specially provided for in such rules, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20.


document_id: ra-1905
provision_ref: s91
chapter: PART 9 - MANAGEMENT
section: 91
title: Apprehension of offenders
content:
91. Any person who is guilty of any offence under this Act may be lawfully apprehended without any warrant or written authority by any railway official, or by any other person whom such railway official calls to his aid, or by any police officer, and any person so apprehended shall with all convenient despatch be taken before a Magistrate’s Court.


document_id: ra-1905
provision_ref: s92
chapter: PART 9 - MANAGEMENT
section: 92
title: Legal duties of railway officials
content:
92. Every railway official shall be legally bound to do everything necessary for or conducive to the safety of the public, and every such official shall be legally prohibited from doing every act which is likely to cause danger.


document_id: ra-1905
provision_ref: s93
chapter: PART 9 - MANAGEMENT
section: 93
title: Liability of offenders to pay costs of conviction
content:
93. —(1) In case of any conviction under this Act the Magistrate’s Court may order the offender to pay the costs of his prosecution in addition to any penalty or expenses to which he is liable. (2) Such costs may be assessed by the Magistrate’s Court and may be levied and recovered in the same manner as any penalty under this Act.


document_id: ra-1905
provision_ref: s94
chapter: PART 9 - MANAGEMENT
section: 94
title: Recovery of money due, damages and expenses
content:
94. In every case in which any person is liable under this Act to pay any sum of money, damages or expenses, and the same are not paid on demand, such money, damages or expenses shall, if application by or on behalf of the person entitled thereto is made in that behalf to a Magistrate’s Court, be levied and recovered in the same manner as any penalties under this Act and, if necessary, the amount thereof shall be fixed and assessed by the Court to which the application is made.


document_id: ra-1905
provision_ref: s95
chapter: PART 9 - MANAGEMENT
section: 95
title: Enforcing payment of fare by passenger not producing ticket
content:
95. The payment of any fare for which any passenger not producing or delivering up his ticket is liable may be enforced in the same manner as any fine imposed by this Act.


document_id: ra-1905
provision_ref: s96
chapter: PART 9 - MANAGEMENT
section: 96
title: Copy of time-tables and tariff to be shown at railway stations
content:
96. A copy of the time-tables and tariff of charges in respect of any railway, which are from time to time duly made and published, shall be exhibited in some conspicuous place at each station of the railway so that they may be easily seen and read, and all such documents shall be so exhibited in English.


document_id: ra-1905
provision_ref: s97
chapter: PART 9 - MANAGEMENT
section: 97
title: Penalty for removing, etc., documents or notices
content:
97. Any person who wilfully or maliciously removes, defaces or in any way injures any notice or document exhibited by the railway administration at a station or anywhere upon the railway, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40 or to imprisonment for a term not exceeding 3 months.


document_id: ra-1905
provision_ref: s98
chapter: PART 10 - MOTOR OR AIRCRAFT SERVICES
section: 98
title: Provision for motor or aircraft services
content:
98. —(1) The railway administration may, with the approval of the President, establish and work or contract with persons to work on its behalf, any motor service or aircraft service, whether necessary or not, for the accommodation of its traffic, and may, with the like approval, make rules to regulate — ( a ) the routes upon which such services shall be run and the places to be served thereby; ( b ) the times at which cars and lorries are to run; ( c ) the type of traffic to be carried, the classification of articles and the rates to be charged for carriage thereof; ( d ) the manner in which any articles are to be packed; ( e ) the fares to be paid by passengers; ( f ) the services to be performed by the railway administration in connection with the collection and delivery of goods, parcels or passengers’ luggage conveyed or to be conveyed by railway; and ( g ) generally the use of such services and their working and management: Provided that no service established under this subsection shall be permitted to convey passengers between places within Singapore, but so that passengers may be conveyed on through journeys from or to any place within Singapore to or from any place outside Singapore. (2) The rules may provide that any person committing a breach of any of them shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100. (3) Any railway company which establishes and works or contracts with persons to work on its behalf, any motor service or aircraft service without making rules in accordance with this section shall forfeit to the Government a sum of $40 for every day during which such omission continues.


document_id: ra-1905
provision_ref: s99
chapter: PART 10 - MOTOR OR AIRCRAFT SERVICES
section: 99
title: Application of general provisions of this Act to motor or aircraft services
content:
99. The provisions of this Act so far as they may be applicable shall apply to services established under section 98 and the passengers and traffic carried thereby in the same manner as they apply to the railway and to the passengers and traffic thereon.


document_id: rbda-2021
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Registration of Births and Deaths Act 2021 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: rbda-2021
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “authorised registration officer” means a registration officer authorised by the Registrar‑General to exercise all or any of the powers of an authorised registration officer mentioned in Part 8; “birth” does not include stillbirth; “birth particulars”, for a child, means — ( a ) any particulars relating to the child required by or under this Act for the purposes of birth registration; and [Act 2 of 2024 wef 16/04/2024] ( b ) any other particulars relating to the child that the Registrar‑General specifies on a prescribed website for the purposes of birth registration; “birth registration” means registration of the birth of a child under this Act; “Coroner” has the meaning given by section 2(1) of the Coroners Act 2010; “Coroner’s certificate” means a certificate issued by a Coroner under the Coroners Act 2010 in respect of a death; “death” does not include stillbirth; “death particulars”, for a deceased person, means — ( a ) any particulars relating to the deceased person required by or under this Act for the purposes of death registration, including the cause of death of the deceased person; and ( b ) any other particulars relating to the deceased person that the Registrar‑General specifies on a prescribed website for the purposes of death registration; “death registration” means registration of a death under this Act; “forensic pathologist” has the meaning given by section 2(1) of the Coroners Act 2010; “information” includes documents; “legal guardian”, for a child or minor, means a person who is lawfully appointed by deed or will or by the order of a competent court to be the guardian of the child or minor; “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “master” means — ( a ) for an aircraft — the captain of the aircraft; ( b ) for a train — the driver, or any person having for the time being control or charge, of the train; and ( c ) for a vessel — any person (except a pilot or harbour master) having for the time being control or charge of the vessel; “medical practitioner” means a registered medical practitioner under the Medical Registration Act 1997 who holds a valid practising certificate granted under that Act; “minor” means a person who is below 21 years of age; “occupier”, for any premises, means a person in occupation of, or having control or charge of, or managing, the premises (either on the person’s own account or as an agent of another person); “pathologist” has the meaning given by section 2(1) of the Coroners Act 2010; “permitted character”, for a name, means a character that the Registrar-General specifies by notification in the Gazette ; [Act 2 of 2024 wef 16/04/2024] “protector” has the meaning given by section 2(1) of the Children and Young Persons Act 1993; “register” means the register of births, register of deaths or register of stillbirths; “registered event” means any birth, death or stillbirth that is registered under this Act; “registrable event” means any birth, death or stillbirth that is required to be, or may be, registered under this Act; “Registrar‑General” means the Registrar‑General of Births and Deaths appointed under section 3(1); “registration officer” means a person appointed as a registration officer under section 5(1); “repealed Act” means the Registration of Births and Deaths Act (Cap. 267) that is repealed by section 62; “reportable death” has the meaning given by section 2(1) of the Coroners Act 2010; “stillbirth” means the birth of a stillborn child; “stillbirth particulars”, for a stillborn child, means — ( a ) any particulars relating to the stillborn child required by or under this Act for the purposes of stillbirth registration, including the cause of death of the stillborn child; and ( b ) any other particulars relating to the stillborn child that the Registrar‑General specifies on a prescribed website for the purposes of stillbirth registration; “stillbirth registration” means registration of a stillbirth under this Act; “stillborn child” means a child that — ( a ) issues from the child’s mother after the twenty-fourth week of pregnancy; and ( b ) does not show any sign of life at any time after being completely expelled or extracted from the mother, and, to avoid doubt, does not include a foetus that is aborted by or through treatment carried out for termination of pregnancy. [Act 2 of 2024 wef 16/04/2024] (2) The Registrar‑General may specify — ( a ) different birth particulars under paragraph ( b ) of the definition of “birth particulars” in subsection (1) for children in different circumstances; ( b ) different death particulars under paragraph ( b ) of the definition of “death particulars” in subsection (1) for deceased persons in different circumstances; and ( c ) different stillbirth particulars under paragraph ( b ) of the definition of “stillbirth particulars” in subsection (1) for stillborn children in different circumstances. (3) In this Act, unless the context otherwise requires, a reference to — ( a ) registration of a birth includes a reference to re‑registration of a birth; ( b ) a birth registered under this Act includes a reference to — (i) a birth registered under the repealed Act; or (ii) a birth registered or re‑registered under the Adoption of Children Act 1939, or a birth re‑registered under the Legitimacy Act 1934; ( c ) a death registered under this Act includes a reference to a death registered under the repealed Act; ( d ) a stillbirth registered under this Act includes a reference to a stillbirth registered under the repealed Act; ( e ) a registered event includes a reference to — (i) a birth, death or stillbirth registered under the repealed Act; or (ii) a birth registered or re‑registered under the Adoption of Children Act 1939, or a birth re‑registered under the Legitimacy Act 1934; ( f ) a certificate issued under this Act includes a reference to a replacement certificate issued under this Act, a certificate issued under the repealed Act or an equivalent document issued under the Adoption of Children Act 1939; ( g ) an extract issued under this Act includes a reference to an extract issued under the repealed Act or an equivalent document issued under the Adoption of Children Act 1939; ( h ) a country or territory includes a reference to the territorial waters of that country or territory; and ( i ) any premises includes a reference to a part of those premises. (4) In this Act — “Adoption of Children Act 1939” includes the Adoption of Children Act (Cap. 4, 2012 Ed.) until it is revised and citable by the short title “Adoption of Children Act 1939”; “Children and Young Persons Act 1993” includes the Children and Young Persons Act (Cap. 38, 2001 Ed.) until it is revised and citable by the short title “Children and Young Persons Act 1993”; “Coroners Act 2010” includes the Coroners Act (Cap. 63A, 2012 Ed.) until it is revised and citable by the short title “Coroners Act 2010”; “Criminal Procedure Code 2010” includes the Criminal Procedure Code (Cap. 68, 2012 Ed.) until it is revised and citable by the short title “Criminal Procedure Code 2010”; “Evidence Act 1893” includes the Evidence Act (Cap. 97, 1997 Ed.) until it is revised and citable by the short title “Evidence Act 1893”; “Financial Procedure Act 1966” includes the Financial Procedure Act (Cap. 109, 2012 Ed.) until it is revised and citable by the short title “Financial Procedure Act 1966”; “Infectious Diseases Act 1976” includes the Infectious Diseases Act (Cap. 137, 2003 Ed.) until it is revised and citable by the short title “Infectious Diseases Act 1976”; “Legitimacy Act 1934” includes the Legitimacy Act (Cap. 162, 1985 Ed.) until it is revised and citable by the short title “Legitimacy Act 1934”; “Limited Liability Partnerships Act 2005” includes the Limited Liability Partnerships Act (Cap. 163A, 2006 Ed.) until it is revised and citable by the short title “Limited Liability Partnerships Act 2005”; “Medical Registration Act 1997” includes the Medical Registration Act (Cap. 174, 2014 Ed.) until it is revised and citable by the short title “Medical Registration Act 1997”; “Merchant Shipping Act 1995” includes the Merchant Shipping Act (Cap. 179, 1996 Ed.) until it is revised and citable by the short title “Merchant Shipping Act 1995”; “National Registration Act 1965” includes the National Registration Act (Cap. 201, 1992 Ed.) until it is revised and citable by the short title “National Registration Act 1965”; “Penal Code 1871” includes the Penal Code (Cap. 224, 2008 Ed.) until it is revised and citable by the short title “Penal Code 1871”; “Status of Children (Assisted Reproduction Technology) Act 2013” includes the Status of Children (Assisted Reproduction Technology) Act (Cap. 317A, 2015 Ed.) until it is revised and citable by the short title “Status of Children (Assisted Reproduction Technology) Act 2013”.


document_id: rbda-2021
provision_ref: s3
chapter: PART 2 - ADMINISTRATION
section: 3
title: Registrar‑General of Births and Deaths
content:
3. —(1) The Minister must appoint, from among public officers, a Registrar‑General of Births and Deaths. (2) The Registrar‑General is responsible for the administration of this Act. (3) The Minister may give the Registrar‑General directions of a general character, and not inconsistent with the provisions of this Act, as to the performance of the functions and the exercise of the powers of the Registrar‑General under this Act or any other written law; and the Registrar‑General must give effect to such directions.


document_id: rbda-2021
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Registrars, deputies and assistants
content:
4. —(1) The Registrar‑General may appoint, by name or office, any number of public officers to be Registrars, Supervising Deputy Registrars and Assistant Registrars as the Registrar‑General considers necessary for the purposes of this Act. (2) A Registrar, a Supervising Deputy Registrar or an Assistant Registrar may perform the functions and exercise the powers of the Registrar‑General under this Act (except the power of delegation conferred by section 6(1)) and any other written law, subject to any condition or restriction the Registrar‑General specifies. (3) An appointment under subsection (1), and any condition or restriction specified under subsection (2), must be in writing. (4) Subject to any condition or restriction specified under subsection (2), a reference to the Registrar‑General in this Act or any other written law includes a reference to a Registrar, a Supervising Deputy Registrar or an Assistant Registrar mentioned in that subsection.


document_id: rbda-2021
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Registration officers
content:
5. —(1) The Registrar‑General may, for the purposes of this Act, appoint, by name or office, any of the following persons to be a registration officer, subject to any condition or restriction the Registrar‑General specifies: ( a ) a public officer; ( b ) an officer of a statutory body; ( c ) an employee of a prescribed institution. (2) An appointment under subsection (1) (including any condition or restriction specified under that subsection) must be in writing. (3) Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, a registration officer — ( a ) is taken to be a public servant for the purposes of the Penal Code 1871 when performing a function or exercising a power of the Registrar‑General; and ( b ) is, in relation to the registration officer’s administration, collection or enforcement of payment of any fee, charge or composition sum under this Act or any other written law, taken to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to the registration officer even though the registration officer is not or was not in the employment of the Government. (4) In subsection (1)( c ), “prescribed institution” means an institution prescribed by the Minister by order in the Gazette .


document_id: rbda-2021
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Delegation to registration officers
content:
6. —(1) The Registrar‑General may delegate any function or power of the Registrar‑General under this Act (except the power of delegation conferred by this subsection) or any other written law to a registration officer or class of registration officers, subject to any condition or restriction the Registrar‑General specifies. (2) A delegation under subsection (1) (including any condition or restriction specified under that subsection) must be in writing. (3) A delegation under subsection (1) does not prevent or affect the performance of any function or the exercise of any power by the Registrar‑General under this Act or any other written law. (4) Where any function or power of the Registrar‑General under this Act or any other written law is delegated under subsection (1) to a registration officer (whether specifically or as a member of a class of registration officers), a reference to the Registrar‑General in this Act or that other written law in relation to that function or power includes (subject to any condition or restriction specified under that subsection) a reference to that registration officer. (5) The Registrar‑General may also designate any appropriate registration officer as a chief registration officer, and require the chief registration officer to — ( a ) ensure that adequate systems, processes and facilities are implemented or provided to enable another registration officer or a class of registration officers (under the direct or indirect supervision of the chief registration officer) to perform any function or exercise any power delegated to that other registration officer or class of registration officers under subsection (1); and ( b ) perform related administrative duties.


document_id: rbda-2021
provision_ref: s7
chapter: PART 3 - BIRTHS
section: 7
title: Report of birth in Singapore
content:
7. —(1) The birth of every child born in Singapore must be reported in accordance with this section. (2) The following persons are responsible for reporting the birth of a child in Singapore: ( a ) where the child is born in a hospital — every medical practitioner who attends to the birth, and the hospital (or the person having general management and control of the hospital); ( b ) where the child is born outside a hospital and is brought to a hospital within 24 hours after the child’s birth — every medical practitioner who attends to the child at the hospital, and the hospital (or the person having general management and control of the hospital); ( c ) where the child is born in any premises (other than in a hospital) — the child’s parents, and every occupier of the premises who knows of the child’s birth in the premises; ( d ) where the child is born in an aircraft, a vessel or a train (called in this section the conveyance) while the conveyance is in Singapore — the child’s parents, and the master of the conveyance; ( e ) where the child is born in any other place — the child’s parents. (3) To avoid doubt, a person mentioned in subsection (2)( c ), ( d ) or ( e ) continues to be responsible for reporting the birth of a child despite that the child is brought to a hospital within 24 hours after the child’s birth. (4) A person responsible under subsection (2) for reporting the birth of a child (called in this section the responsible person) must report the child’s birth to the Registrar‑General as soon as practicable after the child’s birth. (5) Where there is more than one responsible person in respect of a birth and any of the responsible persons complies with subsection (4) in respect of the birth, the duty of every other responsible person under that subsection in respect of the birth is discharged by that compliance. (6) A person who, without reasonable excuse, contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.


document_id: rbda-2021
provision_ref: s8
chapter: PART 3 - BIRTHS
section: 8
title: Responsibility to provide birth particulars
content:
8. —(1) A responsible person for a child born in Singapore must provide to the Registrar‑General — ( a ) the birth particulars for the child, within 42 days after the child’s birth; and ( b ) any information or evidence the Registrar‑General requires that supports, or verifies the accuracy of, the birth particulars for the child, within the time the Registrar‑General requires. (1A) If the Registrar-General registers a child’s birth under section 9(2) — ( a ) where the child’s birth is registered without a name for the child — the duty of a responsible person for the child under subsection (1)( a ) to provide the child’s name continues despite the registration until the end of 7 years after the child’s birth; ( b ) where the child’s birth is registered without any other birth particular — the duty of a responsible person for the child under subsection (1)( a ) to provide that birth particular continues despite the registration until that birth particular is provided to the Registrar-General; and ( c ) the registration does not affect the liability of a responsible person for the child for an offence under subsection (4). [Act 2 of 2024 wef 16/04/2024] (2) Subsection (1) does not apply in the case of a child who dies within 42 days after the child’s birth. (3) Where there is more than one responsible person for the child and any of the responsible persons complies with subsection (1)( a ) or ( b ) in respect of the child, the duty of every other responsible person under that provision in respect of the child is discharged by that compliance. [Act 2 of 2024 wef 16/04/2024] (4) A person who, without reasonable excuse, contravenes subsection (1)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction. [Act 2 of 2024 wef 16/04/2024] (5) In this section, “responsible person”, for a child, means the following: ( a ) every parent of the child; ( b ) where the child has a legal guardian, the legal guardian; ( c ) where the child is the subject of an order under section 49(1)( b ) or 49B(2), or section 49C (read with section 49B), of the Children and Young Persons Act 1993, and an additional order is made under section 49A(4) or 49D(2) (as the case may be) of that Act that enables the Director‑General of Social Welfare or a protector to make a decision relating to the child’s name — the Director‑General of Social Welfare or the protector, as the case may be.


document_id: rbda-2021
provision_ref: s9
chapter: PART 3 - BIRTHS
section: 9
title: Registration of birth in Singapore
content:
9. —(1) The Registrar‑General must register the birth of a child born in Singapore, as soon as practicable after receiving the child’s birth particulars (whether from a responsible person mentioned in section 8(1) or any other person). [Act 2 of 2024 wef 16/04/2024] (2) The Registrar-General may (at any time during or after the period mentioned in section 8(1)( a )) register a child’s birth despite receiving incomplete birth particulars for the child, if the Registrar-General — ( a ) is satisfied that the child is born in Singapore; and ( b ) is of the opinion that the child’s birth is capable of being registered based on the birth particulars available to the Registrar-General at that time. [Act 2 of 2024 wef 16/04/2024] (3) Where the Registrar‑General registers a child’s birth under subsection (2) without a name for the child, the Registrar‑General may enter an identifier for the child (in the form the Registrar‑General thinks fit) in the register of births. (4) [ Deleted by Act 2 of 2024 wef 16/04/2024 ] Division 2 &#x2014; Birth in conveyance bound for Singapore


document_id: rbda-2021
provision_ref: s10
chapter: PART 3 - BIRTHS
section: 10
title: Report of birth in aircraft, vessel or train bound for Singapore
content:
10. —(1) The birth of every child born in an aircraft, a vessel or a train (called in this section the conveyance) outside, but bound for, Singapore must be reported in accordance with this section if — ( a ) the birth occurs — (i) in the case of an aircraft — during the flight of the aircraft to an airport or any other place in Singapore; (ii) in the case of a vessel — during the voyage of the vessel to a port or any other place in Singapore; or (iii) in the case of a train — during the passage of the train to a station or any other place in Singapore; and ( b ) the child (or where the child dies before arriving in Singapore, the child’s body) arrives in Singapore, and the child (or the child’s body, as the case may be) was not taken to any foreign country or territory during the period between the time of the child’s birth and the arrival of the child (or the child’s body, as the case may be) in Singapore. (2) The following persons are responsible for reporting the birth of a child mentioned in subsection (1): ( a ) in every case — the master of the conveyance in which the child (or the child’s body, as the case may be) arrives in Singapore, and every parent of the child who arrives in Singapore with the child (or the child’s body, as the case may be) in the conveyance; ( b ) in the case where the child is brought to a hospital in Singapore within 24 hours after the child’s birth — every medical practitioner who attends to the child at the hospital, and the hospital (or the person having general management and control of the hospital). (3) To avoid doubt, a person mentioned in subsection (2)( a ) continues to be responsible for reporting the birth of a child despite that the child is brought to a hospital within 24 hours after the child’s birth. (4) A person responsible under subsection (2) for reporting the birth of a child (called in this section the responsible person) must report the child’s birth to the Registrar‑General as soon as practicable after the child (or the child’s body, as the case may be) arrives in Singapore. (5) Where there is more than one responsible person in respect of a birth and any of the responsible persons complies with subsection (4) in respect of the birth, the duty of every other responsible person under that subsection in respect of the birth is discharged by that compliance. (6) A person who, without reasonable excuse, contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.


document_id: rbda-2021
provision_ref: s11
chapter: PART 3 - BIRTHS
section: 11
title: Application of sections 12 and 13
content:
11. Sections 12 and 13 apply to a child whose birth is required to be and is reported to the Registrar‑General under section 10.


document_id: rbda-2021
provision_ref: s12
chapter: PART 3 - BIRTHS
section: 12
title: Application for registration of birth mentioned in section 11
content:
12. —(1) A responsible person for a child mentioned in section 11 may apply to the Registrar‑General for the child’s birth to be registered. (2) The application by the responsible person (called in this section the applicant) under subsection (1) — ( a ) must be made within 42 days after the child’s birth; and ( b ) must contain the birth particulars for the child. (3) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires. (4) In this section, “responsible person”, for a child mentioned in section 11, has the meaning given by section 8(5).


document_id: rbda-2021
provision_ref: s13
chapter: PART 3 - BIRTHS
section: 13
title: Registration of birth mentioned in section 11
content:
13. —(1) The Registrar‑General may, on an application made under section 12, register the birth of a child mentioned in section 11 if — ( a ) the Registrar‑General is satisfied that the applicant mentioned in section 12 has complied with the requirements relating to the application; ( b ) there is no uncertainty or dispute as to the birth particulars for the child or registration of the birth in Singapore; ( c ) the name provided by the applicant for the child complies with section 19(1), and the Registrar‑General does not refuse the name under section 19(2); ( d ) the Registrar‑General is satisfied that the child’s birth is not registered under any corresponding law of a foreign country or territory; and ( e ) the child is in Singapore at the time of registration. (2) Despite subsection (1) and section 12, the Registrar‑General may, on the Registrar‑General’s own volition, register the birth of a child mentioned in section 11, at any time during or after the period mentioned in section 12(2)( a ), if the Registrar‑General — ( a ) is satisfied that the child’s birth is not registered under any corresponding law of a foreign country or territory; [Act 2 of 2024 wef 16/04/2024] ( b ) is of the opinion that registration of the child’s birth is necessary — (i) where the child is in Singapore — in the interest of the child; or (ii) where the child is deceased — to facilitate registration of the child’s death under Part 4 (where applicable); and [Act 2 of 2024 wef 16/04/2024] ( c ) where the birth particulars for the child are incomplete — is of the opinion that the child’s birth is capable of being registered based on the birth particulars available to the Registrar-General at that time. [Act 2 of 2024 wef 16/04/2024] (3) Where the Registrar‑General registers a child’s birth under subsection (2) without a name for the child, the Registrar‑General may enter an identifier for the child (in the form the Registrar‑General thinks fit) in the register of births. Division 3 &#x2014; Registration of birth in other cases
and related matters


document_id: rbda-2021
provision_ref: s14
chapter: PART 3 - BIRTHS
section: 14
title: Registration or re‑registration of birth of adopted child
content:
14. —(1) Subject to subsection (3), if an adoption order is made by a court in respect of a child under the Adoption of Children Act 2022 or any corresponding previous written law, the Registrar‑General must, as soon as practicable after receiving (from the Registrar of the court) a copy of the adoption order and the particulars mentioned in section 44(1) of the Adoption of Children Act 2022 — ( a ) in the case where the birth of the adopted child has not been registered under this Act — register the birth of the adopted child; or [Act 2 of 2024 wef 16/04/2024] ( b ) in the case where the birth of the adopted child has been registered under this Act — indicate on the record of such registration in the register of births that the child is adopted, and re‑register the birth of the child. [Act 2 of 2024 wef 16/04/2024] [Act 20 of 2022 wef 15/10/2024] (2) The particulars to be entered in the register for registration or re‑registration (as the case may be) of the birth of an adopted child under subsection (1) include the following: ( a ) subject to subsection (3), the name conferred by the adoption order for the child must be entered in the register as the child’s name; [Act 2 of 2024 wef 16/04/2024] ( b ) the particulars of the adopting parent or parents mentioned in the adoption order must be entered in the register as the particulars of the child’s parent or parents, as the case may be. (3) If the name of an adopted child, as conferred by the adoption order, does not comply with section 19(1), or is refused by the Registrar-General under section 19(2), the Registrar-General may — ( a ) withhold registration or re-registration (as the case may be) of the child’s birth under subsection (1) until the adoption order is amended to confer a name for the child that complies with section 19(1) and is not refused by the Registrar General under section 19(2); or ( b ) register or re-register (as the case may be) the child’s birth under subsection (1) without a name for the child. [Act 2 of 2024 wef 16/04/2024] (4) If the Registrar-General registers or re-registers a child’s birth under subsection (1) without a name for the child, the Registrar-General may enter an identifier for the child (in the form the Registrar-General thinks fit) in the register of births. [Act 2 of 2024 wef 16/04/2024]


document_id: rbda-2021
provision_ref: s15
chapter: PART 3 - BIRTHS
section: 15
title: Re‑registration of birth of person legitimated by Legitimacy Act 1934
content:
15. —(1) This section applies to a person (called in this section the subject person) — ( a ) whose birth is registered under section 9 or 13 (or section 9, 17 or 23 of the repealed Act); and ( b ) who is legitimated by the Legitimacy Act 1934, on the marriage of the subject person’s parents, after the birth registration. (2) An application may be made to the Registrar‑General for re‑registration of the subject person’s birth by any of the following persons (called in this section the applicant): ( a ) where the subject person is a minor — a parent of the subject person; ( b ) where the subject person is not a minor — (i) the subject person; or (ii) a parent of the subject person, with the consent of the subject person. (3) The application under subsection (2) may include a change of name for the subject person, but only to the extent of altering the subject person’s name entered in the register of births to reflect the paternity of the subject person. (4) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires. (5) The Registrar‑General may re‑register the birth of the subject person if — ( a ) the Registrar‑General is satisfied that — (i) the applicant has complied with the requirements relating to the application; and (ii) the subject person is legitimated by the Legitimacy Act 1934; and ( b ) where the application includes a change of name for the subject person — (i) the new name complies with the requirements of subsection (3), and with section 19(1); and (ii) the Registrar‑General does not refuse the new name under section 19(2). (6) This section does not affect the legitimation of a person by the Legitimacy Act 1934.


document_id: rbda-2021
provision_ref: s16
chapter: PART 3 - BIRTHS
section: 16
title: Birth registration and Status of Children (Assisted Reproduction Technology) Act 2013
content:
16. —(1) If the Registrar‑General is informed at or before registration of a child’s birth under section 9 or 13 that the Status of Children (Assisted Reproduction Technology) Act 2013 applies to the child, the particulars of the child’s parents to be entered in the register of births for registration of the child’s birth must be — ( a ) in the case where a court order is made under that Act declaring or determining the child’s parenthood — in accordance with the court order; or ( b ) in any other case — subject to subsection (2), in accordance with that Act. (2) Subsection (1)( b ) does not apply if the Registrar‑General — ( a ) is not satisfied as to the parenthood of the child under the Status of Children (Assisted Reproduction Technology) Act 2013; or ( b ) is informed of any dispute as to the parenthood of the child under that Act. (3) If subsection (2)( a ) or ( b ) applies in respect of the child, the Registrar-General may — ( a ) in the case of registration under section 9 or 13(2) — register the child’s birth under section 9(2) or 13(2) (as the case may be) without entering the particulars of either or both of the parents in the register; or ( b ) in the case of registration being considered under section 13(1) — refuse to register the child’s birth under that provision. [Act 2 of 2024 wef 16/04/2024] (4) This section does not affect the parenthood of a person under the Status of Children (Assisted Reproduction Technology) Act 2013.


document_id: rbda-2021
provision_ref: s17
chapter: PART 3 - BIRTHS
section: 17
title:
Re‑registration of birth in relation to Status of Children (Assisted Reproduction Technology) Act 2013

content:
17. —(1) This section applies to a person (called in this section the subject person) — ( a ) to whom the Status of Children (Assisted Reproduction Technology) Act 2013 applies; and ( b ) whose birth is registered under section 9 or 13 (or section 9, 17 or 23 of the repealed Act) — (i) without the Registrar‑General being informed of the application of the Status of Children (Assisted Reproduction Technology) Act 2013 to the subject person; or (ii) without entering the particulars of either or both of the subject person’s parents in the register of births due to the application of section 16(2)( a ) or ( b ) at the time of the birth registration. (2) An application may be made to the Registrar‑General for re‑registration of the subject person’s birth by any of the following persons (called in this section the applicant): ( a ) a person who is a parent, or claiming to be a parent, of the subject person; ( b ) where the subject person is a minor and has a legal guardian — the legal guardian; ( c ) where the subject person is not a minor — the subject person; ( d ) where a court order is made under the Status of Children (Assisted Reproduction Technology) Act 2013 declaring or determining the subject person’s parenthood — the person who applied for the court order. (3) The application under subsection (2) may include a change of name for the subject person, but only to the extent of altering the subject person’s name entered in the register of births to reflect the parenthood of the subject person. (4) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires. (5) Where a court order is made under the Status of Children (Assisted Reproduction Technology) Act 2013 declaring or determining the subject person’s parenthood, the Registrar‑General may re‑register the subject person’s birth in accordance with the court order if — ( a ) the Registrar‑General is satisfied that the applicant has complied with the requirements relating to the application; and ( b ) where the application includes a change of name for the subject person — (i) the new name complies with the requirements of subsection (3), and with section 19(1); (ii) the Registrar‑General does not refuse the new name under section 19(2); and (iii) where the subject person is not a minor and is not the applicant — the subject person consents to the new name. (6) Where there is no court order declaring or determining the subject person’s parenthood under the Status of Children (Assisted Reproduction Technology) Act 2013, the Registrar‑General may re‑register the subject person’s birth in accordance with that Act if — ( a ) the Registrar‑General — (i) is satisfied that the applicant has complied with the requirements relating to the application; (ii) is satisfied as to the parenthood of the subject person under that Act; and (iii) is not informed of any dispute as to the parenthood of the subject person under that Act; and ( b ) where the application includes a change of name for the subject person — (i) the new name complies with the requirements of subsection (3), and with section 19(1); (ii) the Registrar‑General does not refuse the new name under section 19(2); and (iii) where the subject person is not a minor and is not the applicant — the subject person consents to the new name. (7) This section does not affect the parenthood of a person under the Status of Children (Assisted Reproduction Technology) Act 2013.


document_id: rbda-2021
provision_ref: s18
chapter: PART 3 - BIRTHS
section: 18
title:
Re‑registration of birth of person legitimated by Status of Children (Assisted Reproduction Technology) Act 2013

content:
18. —(1) This section applies to a person (called in this section the subject person) — ( a ) whose birth is registered under section 9 or 13 (or section 9, 17 or 23 of the repealed Act), or re‑registered under section 17 (or rule 8A or 8B of the Registration of Births and Deaths Rules (Cap. 267, R 1) as in force immediately before the date of commencement of this section), in accordance with the Status of Children (Assisted Reproduction Technology) Act 2013 or an order made under that Act declaring or determining the subject person’s parenthood; and ( b ) who is legitimated by the Status of Children (Assisted Reproduction Technology) Act 2013 after the birth registration or re‑registration. (2) An application may be made to the Registrar‑General for re‑registration of the subject person’s birth by any of the following persons (called in this section the applicant): ( a ) where the subject person is a minor — a parent of the subject person; ( b ) where the subject person is not a minor — (i) the subject person; or (ii) a parent of the subject person, with the consent of the subject person. (3) The application under subsection (2) may include a change of name for the subject person, but only to the extent of altering the subject person’s name entered in the register of births to reflect the paternity of the subject person. (4) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires. (5) The Registrar‑General may re‑register the birth of the subject person if — ( a ) the Registrar‑General is satisfied that — (i) the applicant has complied with the requirements relating to the application; and (ii) the subject person is legitimated by the Status of Children (Assisted Reproduction Technology) Act 2013; and ( b ) where the application includes a change of name for the subject person — (i) the new name complies with the requirements of subsection (3), and with section 19(1); and (ii) the Registrar‑General does not refuse the new name under section 19(2). (6) This section does not affect the legitimation of a person by the Status of Children (Assisted Reproduction Technology) Act 2013. Division 4 &#x2014; Name in register of births


document_id: rbda-2021
provision_ref: s19
chapter: PART 3 - BIRTHS
section: 19
title: Name in register of births
content:
19. —(1) The name of a person to be entered in the register of births or, where the person’s name in the register is to be altered, the person’s altered name to be entered in the register — ( a ) must be in a form expressed in characters in the modern English alphabet; ( b ) may include a permitted character; and ( c ) must not exceed the number of characters permitted in the electronic form of the register for the entry of a name. (2) The Registrar‑General may refuse to enter or alter a person’s name in the register if the name or altered name (as the case may be) — ( a ) contains anything that represents or resembles a title, a rank or an award; ( b ) where the name or altered name (as the case may be) adopts a patronymic or matronymic naming system to signify lineage — includes any expression or abbreviation (for the purposes of that naming system) that does not correspond to the child’s sex entered or to be entered in the register; ( c ) is obscene or offensive; or ( d ) is contrary to the public interest. (3) [ Deleted by Act 2 of 2024 wef 16/04/2024 ]


document_id: rbda-2021
provision_ref: s20
chapter: PART 3 - BIRTHS
section: 20
title: Child’s name omitted during birth registration
content:
20. —(1) Where a child’s birth is registered without a name, a responsible person for the child may apply to the Registrar‑General for a name to be entered for the child in the register of births. (2) The responsible person (called in this section the applicant) must make the application under subsection (1) within 7 years after the child’s birth. (3) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires. (4) The Registrar‑General may enter the child’s name in the register if — ( a ) the Registrar‑General is satisfied that the applicant has complied with the requirements relating to the application; and ( b ) the name provided by the applicant for the child complies with section 19(1), and the Registrar‑General does not refuse the name under section 19(2). (5) In this section, “responsible person”, for a child, has the meaning given by section 8(5).


document_id: rbda-2021
provision_ref: s21
chapter: PART 3 - BIRTHS
section: 21
title: Alteration of child’s name in register of births
content:
21. —(1) This section applies to a child whose name is entered in the register of births at the time of registration of the child’s birth, but does not affect any application for change of name under section 15(3), 17(3) or 18(3). (2) A responsible person for a child mentioned in subsection (1) may apply to the Registrar‑General to alter the name of the child entered in the register of births. (3) The application by the responsible person (called in this section the applicant) under subsection (2) must be made within one year after the child’s birth. (4) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires. (5) The Registrar‑General may alter the child’s name in the register of births if — ( a ) the Registrar‑General is satisfied that the applicant has complied with the requirements relating to the application; ( b ) the altered name provided by the applicant for the child complies with section 19(1), and the Registrar‑General does not refuse the altered name under section 19(2); ( c ) the child’s name entered in the register has not been altered before under this section or section 11(1) of the repealed Act; and ( d ) the child is not deceased. (6) In this section, “responsible person”, for a child, has the meaning given by section 8(5).


document_id: rbda-2021
provision_ref: s22
chapter: PART 4 - DEATHS
section: 22
title: Report of death in Singapore
content:
22. —(1) The death of every person who dies in Singapore must be reported in accordance with this section if the death is not, or does not appear to be, a reportable death. (2) The following persons are responsible for reporting a death mentioned in subsection (1): ( a ) where the death occurs in a hospital — the hospital (or the person having general management and control of the hospital); ( b ) where the death occurs in any premises (other than in a hospital) — (i) every relative of the deceased person who is present at the death; and (ii) every occupier of the premises who knows of the death in the premises; ( c ) where the death occurs in an aircraft, a vessel or a train (called in this section the conveyance) while the conveyance is in Singapore — (i) every relative of the deceased person who is in the conveyance at the time and knows of the death; and (ii) the master of the conveyance; ( d ) where the death occurs in any other place — (i) every relative of the deceased person who knows of the death; (ii) every person who is present at the death; and (iii) every person who takes charge of the body of the deceased person. (3) A person responsible under subsection (2) for reporting a death mentioned in subsection (1) (called in this section the responsible person) must, as soon as practicable after the death, report the death to a medical practitioner. (4) Where there is more than one responsible person in respect of a death and any of the responsible persons complies with subsection (3) in respect of the death, the duty of every other responsible person under that subsection in respect of the death is discharged by that compliance. (5) A person who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.


document_id: rbda-2021
provision_ref: s23
chapter: PART 4 - DEATHS
section: 23
title: Duties of medical practitioner who receives report of death under section 22(3)
content:
23. —(1) A medical practitioner who receives a report of a death under section 22(3) must, as soon as practicable — ( a ) examine the body of the deceased person; and ( b ) ascertain relevant information about the deceased person’s medical history and the circumstances of the death. (2) If the death is not, or does not appear to be, a reportable death, the medical practitioner must provide the cause of death and the other death particulars to the Registrar‑General within 24 hours after complying with subsection (1). (3) A person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: rbda-2021
provision_ref: s24
chapter: PART 4 - DEATHS
section: 24
title: Registration of death in Singapore
content:
24. The Registrar‑General must register the death of a person in Singapore, as soon as practicable — ( a ) where section 23(2) applies — after receiving from a medical practitioner mentioned in that provision the cause of death and the other death particulars; ( b ) where a pathologist or forensic pathologist examines the body of the deceased person — after receiving from the pathologist or forensic pathologist (as the case may be) such death particulars as the pathologist or forensic pathologist (as the case may be) is able to ascertain; or ( c ) where a Coroner’s certificate is issued for the death — after receiving the Coroner’s certificate.


document_id: rbda-2021
provision_ref: s25
chapter: PART 4 - DEATHS
section: 25
title: Registration of reportable death in Singapore without Coroner’s certificate
content:
25. —(1) Where the Registrar‑General is informed that a death has occurred in Singapore but that the body of the deceased person is destroyed, is not recoverable or cannot be located, the Registrar‑General may register the death before a Coroner’s certificate is issued for the death if the Registrar‑General is satisfied, from the information and evidence made available to the Registrar‑General, as to — ( a ) the occurrence of death in Singapore; and ( b ) the identity of the deceased person. (2) Where a reportable death in Singapore does not require a Coroner’s certificate under the Coroners Act 2010, the Registrar‑General may register the death if the Registrar‑General is satisfied, from the information and evidence made available to the Registrar‑General, as to — ( a ) the occurrence of death in Singapore; and ( b ) the identity of the deceased person. Division 2 &#x2014; Death outside Singapore


document_id: rbda-2021
provision_ref: s26
chapter: PART 4 - DEATHS
section: 26
title: Report of death in aircraft, vessel or train bound for Singapore
content:
26. —(1) The death of every person who dies in an aircraft, a vessel or a train (called in this section the conveyance) outside, but bound for, Singapore must be reported in accordance with this section if — ( a ) the death occurs — (i) in the case of an aircraft — during the flight of the aircraft to an airport or any other place in Singapore; (ii) in the case of a vessel — during the voyage of the vessel to a port or any other place in Singapore; or (iii) in the case of a train — during the passage of the train to a station or any other place in Singapore; and ( b ) the body of the deceased person arrives in Singapore, and was not taken to any foreign country or territory during the period between the time of the death and the arrival of the body in Singapore. (2) The following persons are responsible for reporting a death mentioned in subsection (1): ( a ) the master of the conveyance in which the body of the deceased person arrives in Singapore; ( b ) every relative of the deceased person who knows of the death and arrives in Singapore with the body of the deceased person in the conveyance mentioned in paragraph ( a ). (3) A person responsible under subsection (2) for reporting a death (called in this section the responsible person) must report the death to the police as soon as practicable after the body of the deceased person arrives in Singapore. (4) Where there is more than one responsible person in respect of a death and any of the responsible persons complies with subsection (3) in respect of the death, the duty of every other responsible person under that subsection in respect of the death is discharged by that compliance. (5) A person who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.


document_id: rbda-2021
provision_ref: s27
chapter: PART 4 - DEATHS
section: 27
title: Registration of death in conveyance reported under section 26
content:
27. —(1) A relative of a deceased person whose death is required to be and is reported under section 26 may apply to the Registrar‑General for the death to be registered. (2) The application by the relative (called in this section the applicant) under subsection (1) must — ( a ) be made within 3 months after the death; ( b ) be accompanied by a document issued by a medical practitioner (including a pathologist) in Singapore certifying the cause of death; and ( c ) contain the other death particulars for the deceased person. (3) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires. (4) The Registrar‑General may register the death if the Registrar‑General is satisfied that — ( a ) the applicant has complied with the requirements relating to the application; ( b ) there is no uncertainty or dispute as to the death particulars or registration of the death in Singapore; and ( c ) the death is not registered under any corresponding law of a foreign country or territory.


document_id: rbda-2021
provision_ref: s28
chapter: PART 4 - DEATHS
section: 28
title: Registration of death of Singapore citizen or permanent resident outside Singapore
content:
28. —(1) Where a Singapore citizen or permanent resident dies outside Singapore and the body of the deceased person is brought to Singapore, a relative of the deceased person may apply to the Registrar‑General for the death to be registered. (2) The application by the relative (called in this section the applicant) under subsection (1) must — ( a ) be made within 3 months after the death; ( b ) be accompanied by a document issued by a medical practitioner (including a pathologist), whether in Singapore or elsewhere, certifying the cause of death; and ( c ) contain the other death particulars for the deceased person. (3) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires. (4) The Registrar‑General may register the death if the Registrar‑General is satisfied that — ( a ) the applicant has complied with the requirements relating to the application; ( b ) there is no uncertainty or dispute as to the death particulars or registration of the death in Singapore; and ( c ) the death is not registered under any corresponding law of a foreign country or territory. (5) This section does not apply to a death that is required to be reported under section 26. (6) In subsection (2)( b ), “medical practitioner” includes any person who is authorised to practise as a medical practitioner in a foreign country or territory under the law of that country or territory.


document_id: rbda-2021
provision_ref: s29
chapter: PART 4 - DEATHS
section: 29
title: Registration of death under Coroner’s certificate
content:
29. If a Coroner’s certificate is issued for a death that occurs outside Singapore (including a death mentioned in section 26 or 28), the Registrar‑General must register the death as soon as practicable after receiving the Coroner’s certificate. Division 3 &#x2014; Related matters


document_id: rbda-2021
provision_ref: s30
chapter: PART 4 - DEATHS
section: 30
title: Coroner’s certificate issued after death registration
content:
30. If the Registrar‑General receives a Coroner’s certificate for a death after the death has been registered, the Registrar‑General must, as soon as practicable after receiving the Coroner’s certificate — ( a ) where the death particulars stated in the Coroner’s certificate are not entered in the register of deaths — enter those death particulars in the register; and ( b ) where the death particulars stated in the Coroner’s certificate differ from the death particulars entered in the register — alter the record of the death in the register in accordance with the Coroner’s certificate.


document_id: rbda-2021
provision_ref: s32
chapter: PART 5 - STILLBIRTHS
section: 32
title: Report of stillbirth in Singapore
content:
32. —(1) The birth of every stillborn child in Singapore must be reported in accordance with this section. (2) The following persons are responsible for reporting the birth of a stillborn child in Singapore: ( a ) where the stillbirth occurs in a hospital — the hospital (or the person having general management and control of the hospital); ( b ) where the stillbirth occurs in any premises (other than in a hospital) — (i) every relative of the stillborn child who is present at the stillbirth; and (ii) every occupier of the premises who knows of the stillbirth in the premises; ( c ) where the stillbirth occurs in an aircraft, a vessel or a train (called in this section the conveyance) while the conveyance is in Singapore — (i) every relative of the stillborn child who is in the conveyance at the time and knows of the stillbirth; and (ii) the master of the conveyance; ( d ) where the stillbirth occurs in any other place — (i) every relative of the stillborn child who knows of the stillbirth; (ii) every person who is present at the stillbirth; and (iii) every person who takes charge of the body of the stillborn child. (3) A person responsible under subsection (2) for reporting a stillbirth (called in this section the responsible person) must, as soon as practicable after the stillbirth, report the stillbirth to a medical practitioner. (4) Where there is more than one responsible person in respect of a stillbirth and any of the responsible persons complies with subsection (3) in respect of the stillbirth, the duty of every other responsible person under that subsection in respect of the stillbirth is discharged by that compliance. (5) A person who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.


document_id: rbda-2021
provision_ref: s33
chapter: PART 5 - STILLBIRTHS
section: 33
title: Duties of medical practitioner who receives report of stillbirth under section 32(3)
content:
33. —(1) A medical practitioner who receives a report of a stillbirth under section 32(3) must — ( a ) examine the body of the child as soon as practicable to ascertain whether the child was stillborn; and ( b ) where the medical practitioner is satisfied that the child was stillborn, provide the cause of death of the stillborn child and the other stillbirth particulars to the Registrar‑General, within 24 hours after complying with paragraph ( a ). (2) A person who, without reasonable excuse, contravenes subsection (1)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: rbda-2021
provision_ref: s34
chapter: PART 5 - STILLBIRTHS
section: 34
title: Registration of stillbirth in Singapore
content:
34. The Registrar‑General must register the birth of a stillborn child in Singapore, as soon as practicable after receiving the cause of death and the other stillbirth particulars from a medical practitioner under section 33. Division 2 &#x2014; Stillbirth in conveyance bound for Singapore


document_id: rbda-2021
provision_ref: s35
chapter: PART 5 - STILLBIRTHS
section: 35
title: Report of stillbirth in aircraft, vessel or train bound for Singapore
content:
35. —(1) The birth of every stillborn child in an aircraft, a vessel or a train (called in this section the conveyance) outside, but bound for, Singapore must be reported in accordance with this section if — ( a ) the stillbirth occurs — (i) in the case of an aircraft — during the flight of the aircraft to an airport or any other place in Singapore; (ii) in the case of a vessel — during the voyage of the vessel to a port or any other place in Singapore; or (iii) in the case of a train — during the passage of the train to a station or any other place in Singapore; and ( b ) the body of the stillborn child arrives in Singapore, and was not taken to any foreign country or territory during the period between the time of the stillbirth and the arrival of the body in Singapore. (2) The following persons are responsible for reporting a stillbirth mentioned in subsection (1): ( a ) the master of the conveyance in which the body of the stillborn child arrives in Singapore; ( b ) every relative of the stillborn child who knows of the stillbirth and arrives in Singapore with the body of the stillborn child in the conveyance mentioned in paragraph ( a ). (3) A person responsible under subsection (2) for reporting a stillbirth (called in this section the responsible person) must report the stillbirth to the police as soon as practicable after the body of the stillborn child arrives in Singapore. (4) Where there is more than one responsible person in respect of a stillbirth and any of the responsible persons complies with subsection (3) in respect of the stillbirth, the duty of every other responsible person under that subsection in respect of the stillbirth is discharged by that compliance. (5) A person who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.


document_id: rbda-2021
provision_ref: s36
chapter: PART 5 - STILLBIRTHS
section: 36
title: Registration of stillbirth in conveyance reported under section 35
content:
36. —(1) A parent of a stillborn child whose stillbirth is required to be and is reported under section 35 may apply to the Registrar‑General for the stillbirth to be registered. (2) The application by the parent (called in this section the applicant) under subsection (1) must — ( a ) be made within 3 months after the stillbirth; ( b ) be accompanied by a document issued by a medical practitioner in Singapore certifying the cause of death of the stillborn child; and ( c ) contain the other stillbirth particulars for the stillborn child. (3) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires. (4) The Registrar‑General may register the stillbirth if the Registrar‑General is satisfied that — ( a ) the applicant has complied with the requirements relating to the application; ( b ) there is no uncertainty or dispute as to the stillbirth particulars or registration of the stillbirth in Singapore; and ( c ) the stillbirth is not registered under any corresponding law of a foreign country or territory.


document_id: rbda-2021
provision_ref: s37
chapter: PART 6 - REGISTERS AND RELATED MATTERS
section: 37
title: Registers
content:
37. —(1) The Registrar‑General must provide and maintain, in the form and manner that the Registrar‑General thinks fit, the following registers: ( a ) a register of births; ( b ) a register of deaths; ( c ) a register of stillbirths. (2) The registers are not open to inspection by the public.


document_id: rbda-2021
provision_ref: s38
chapter: PART 6 - REGISTERS AND RELATED MATTERS
section: 38
title: Alteration of record in register
content:
38. —(1) Any record of a registered event in a register must not be altered except as authorised by or under this Act. (2) A reference in this section to the alteration of a record of a registered event in a register includes a reference to the recording in the register of the particulars of the registered event that had been omitted from the register at the time of registration of the registered event.


document_id: rbda-2021
provision_ref: s39
chapter: PART 6 - REGISTERS AND RELATED MATTERS
section: 39
title: Correction of clerical error in record in register
content:
39. —(1) The Registrar‑General may correct any clerical error in any record in a register that the Registrar‑General discovers or is informed of. (2) A person informing the Registrar‑General of any clerical error in any record in a register must do so in the form and manner that the Registrar‑General requires. (3) The correction of an error under this section may be made in the form and manner that the Registrar‑General thinks fit.


document_id: rbda-2021
provision_ref: s40
chapter: PART 6 - REGISTERS AND RELATED MATTERS
section: 40
title: Correction of error of fact or substance in record in register
content:
40. —(1) The Registrar‑General may correct an error of fact or substance in any record in the register of deaths — ( a ) in the case where the death registration is based on death particulars submitted by a medical practitioner under section 23(2) — subject to subsection (2), after receiving from that medical practitioner or any other medical practitioner information (given in the form and manner required by the Registrar‑General) that specifies the death particulars to be corrected in the record; or ( b ) in any case — (i) after receiving a Coroner’s certificate or an amended Coroner’s certificate that contains death particulars that differ from those in the record; or (ii) after receiving a request from any person. (2) Subsection (1)( a ) does not apply to a death if a Coroner’s certificate is issued for the death after the death particulars are submitted by a medical practitioner under section 23(2). (3) The Registrar‑General may correct an error of fact or substance in any record in the register of births or register of stillbirths after receiving a request from any person. (4) A request mentioned in subsection (1)( b )(ii) or (3) must contain and be accompanied by the information and evidence required by the Registrar‑General. (5) A person who makes a request mentioned in subsection (1)( b )(ii) or (3) must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the request, or verifies the accuracy of the matters contained in or accompanying the request, within the time the Registrar‑General requires. (6) Despite subsections (1) and (3), the Registrar‑General may, on the Registrar‑General’s own volition, correct any error of fact or substance in any record in a register that the Registrar‑General discovers or is informed of. (7) The correction of an error under this section may be made in the form and manner that the Registrar‑General thinks fit.


document_id: rbda-2021
provision_ref: s41
chapter: PART 6 - REGISTERS AND RELATED MATTERS
section: 41
title: Cancellation of registration
content:
41. The Registrar‑General may cancel the registration of any birth, death or stillbirth if the Registrar‑General is satisfied that the registration has been — ( a ) obtained by means of fraud, false representation or the concealment of any material fact; or ( b ) made by mistake.


document_id: rbda-2021
provision_ref: s42
chapter: PART 7 - INFORMATION AND RELATED MATTERS
section: 42
title: Power to obtain information
content:
42. —(1) The Registrar‑General may, by written notice, require any person to provide, within the time specified in the notice, any information that the Registrar‑General requires for the purpose of — ( a ) ascertaining whether a registrable event has occurred, or the particulars of a registrable event or registered event; ( b ) ascertaining whether a provision of this Act or the repealed Act has been complied with; or ( c ) the performance of the Registrar‑General’s functions under this Act or any other written law. (2) A person who is given a written notice under subsection (1) must comply with the notice. (3) A person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.


document_id: rbda-2021
provision_ref: s43
chapter: PART 7 - INFORMATION AND RELATED MATTERS
section: 43
title: Form and manner of information, etc.
content:
43. —(1) Any information, report, particulars or evidence required to be provided to the Registrar‑General, and any application or request to be made to the Registrar‑General, by or under any provision of this Act, or any other written law, must be provided or made in the form and manner that the Registrar‑General requires. (2) Without limiting subsection (1), the Registrar‑General may require any thing mentioned in that subsection to be provided or made electronically (including by using any electronic service provided or specified by the Registrar‑General for such purpose).


document_id: rbda-2021
provision_ref: s44
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
section: 44
title: Taking possession of false or invalid documents
content:
44. The Registrar‑General may take possession of any document that is produced in connection with any of the following if the Registrar‑General reasonably suspects that the document is false or invalid: ( a ) reporting of a birth to the Registrar‑General; ( b ) registration of a birth, death or stillbirth; ( c ) alteration of any particulars recorded, or the recording of any omitted particulars, in a register.


document_id: rbda-2021
provision_ref: s45
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
section: 45
title: Powers of search, etc.
content:
45. —(1) If an authorised registration officer reasonably suspects that any evidence of the commission of an offence under this Act is likely to be found in any premises, or in any vehicle, aircraft, vessel or train (called in this section the conveyance), or on any person, the officer may, without warrant and with such assistance as the officer thinks necessary — ( a ) enter and search the premises; ( b ) stop, board and search the conveyance (whether in a public or private place); or ( c ) stop and search the person (whether in a public or private place), as the case may be. (2) An authorised registration officer exercising any power under subsection (1) may, if the circumstances so warrant and with such assistance as the officer thinks necessary — ( a ) break open any door, window, lock, fastener, compartment, box, container or other thing; or ( b ) remove by force any obstruction to the exercise of that power. (3) An authorised registration officer carrying out a search under subsection (1) may take possession or make copies of any document found during the search that the officer reasonably believes to be connected to the commission of an offence under this Act. (4) A woman must not be searched except by a woman. (5) A person in charge of a conveyance who, without reasonable excuse, does not stop the conveyance when required to do so by an authorised registration officer under subsection (1)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.


document_id: rbda-2021
provision_ref: s46
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
section: 46
title: Powers of investigation
content:
46. —(1) For the purpose of investigating any offence or suspected offence under this Act, an authorised registration officer may do all or any of the following: ( a ) require, by written notice, any person, whom the authorised registration officer reasonably believes has any information, in the person’s custody or control, that is relevant to the investigation, to provide that information, within the time and in the manner specified in the notice; ( b ) where the information provided by the person mentioned in paragraph ( a ) is in the form of a document — retain the document or make, or cause to be made, without payment, any copy of or extract from the document; ( c ) require, by written notice, the attendance before the authorised registration officer of any person in Singapore who appears to be acquainted with the facts or circumstances of the matter; ( d ) examine orally any person who appears to be acquainted with the facts or circumstances of the matter — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; and (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceedings in connection with the matter. (2) A person examined under subsection (1)( d ) is bound to state truly the facts and circumstances with which the person is acquainted concerning the matter except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (3) A statement made by a person examined under subsection (1)( d ) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. (4) If any person fails to attend as required by a written notice under subsection (1)( c ), the authorised registration officer may report the failure to a Magistrate who may then issue a warrant ordering the person to comply with the notice. (5) A person who, without reasonable excuse, fails to comply with any written notice under subsection (1)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.


document_id: rbda-2021
provision_ref: s47
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
section: 47
title: Authorised registration officer to produce evidence of identity and authority
content:
47. —(1) When exercising any power under this Part, an authorised registration officer must, if so required by any person affected by the exercise of that power, produce to that person evidence of the officer’s identity and authority to exercise that power. (2) Despite anything in or under this Act, it is not an offence for any person to refuse to comply with any request or notice made or given by an authorised registration officer if the officer does not comply with subsection (1).


document_id: rbda-2021
provision_ref: s48
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
section: 48
title: False or misleading statement or information
content:
48. A person who makes any statement, or provides any information, to the Registrar‑General or an authorised registration officer under this Act, that is false or misleading in a material particular — ( a ) knowing it to be false or misleading in a material particular; or ( b ) being reckless as to whether it is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 10 years or to both.


document_id: rbda-2021
provision_ref: s49
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
section: 49
title: Offences relating to register
content:
49. —(1) A person who, without lawful authority — ( a ) makes, alters or deletes, or permits to be made, altered or deleted, any record (or any part of it) in a register; ( b ) obtains, or provides any person, access to a register (or any part of it); or ( c ) interferes with a register (or any part of it), or permits a register (or any part of it) to be interfered with, in any other way, shall be guilty of an offence. (2) A person who wilfully destroys or defaces, or permits to be destroyed or defaced, a register (or any part of it) shall be guilty of an offence. (3) A public officer or registration officer who publishes or communicates to any person any information contained in a register shall be guilty of an offence unless such publication or communication — ( a ) is authorised by or under this Act; ( b ) is in the public interest and authorised by the Registrar‑General; or ( c ) is for the purpose of investigations into an offence under this Act or any other written law, or proceedings in respect of the offence. (4) A person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 10 years or to both.


document_id: rbda-2021
provision_ref: s50
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
section: 50
title: Offences relating to certificates or extracts
content:
50. A person who — ( a ) forges a document, purporting to be a birth certificate, death certificate or stillbirth certificate, or an extract from any record in a register; ( b ) alters, or otherwise tampers with, a birth certificate, death certificate or stillbirth certificate, or an extract from any record in a register; or ( c ) knowingly obtains, possesses or uses a forged, altered or tampered certificate or extract mentioned in paragraph ( a ) or ( b ), 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 10 years or to both.


document_id: rbda-2021
provision_ref: s51
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
section: 51
title: Obstruction
content:
51. —(1) A person commits an offence if the person, without reasonable excuse, obstructs or hinders the Registrar‑General or an authorised registration officer in the performance of any function or exercise of any power under this Act or any other written law. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.


document_id: rbda-2021
provision_ref: s52
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
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) does not affect the liability of a corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member 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: rbda-2021
provision_ref: s53
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
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 (as the case may be) 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 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 that 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) 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: rbda-2021
provision_ref: s55
chapter: PART 8 - INVESTIGATIONS, GENERAL OFFENCES
section: 55
title: Composition of offences
content:
55. —(1) The Registrar‑General 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 $500. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.


document_id: rbda-2021
provision_ref: s56
chapter: PART 9 - MISCELLANEOUS
section: 56
title: Police officer’s functions or powers under other written law
content:
56. To avoid doubt, this Act does not affect a police officer’s functions or powers under the Criminal Procedure Code 2010 or any other written law.


document_id: rbda-2021
provision_ref: s57
chapter: PART 9 - MISCELLANEOUS
section: 57
title: Authorisation to provide information, etc., on behalf of person
content:
57. Any person who is unable, by reason of illness or other sufficient cause, to make a report, or provide any particulars, information or evidence, required by or under this Act may authorise another person to make the report, or provide the particulars, information or evidence, on behalf of the firstmentioned person.


document_id: rbda-2021
provision_ref: s58
chapter: PART 9 - MISCELLANEOUS
section: 58
title: Payments into Consolidated Fund
content:
58. All fees, charges and composition sums collected under this Act must be paid into the Consolidated Fund.


document_id: rbda-2021
provision_ref: s59
chapter: PART 9 - MISCELLANEOUS
section: 59
title: Service of documents
content:
59. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the 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 email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s email address. (5) Service of a document under this section 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 email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior consent to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: rbda-2021
provision_ref: s60
chapter: PART 9 - MISCELLANEOUS
section: 60
title: Exemption
content:
60. The Minister may, by order in the Gazette , exempt any person or class of persons, or exclude any event or class of events, from all or any of the provisions of this Act, either generally or in a particular case and subject to any condition the Minister specifies.


document_id: rbda-2021
provision_ref: s61
chapter: PART 9 - MISCELLANEOUS
section: 61
title: Regulations
content:
61. —(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the Minister may make regulations for any of the following: ( a ) matters relating to registration of births, deaths and stillbirths, including reporting and registration requirements and procedures, particulars to be recorded in registers, recording of particulars in registers after registration, and alteration of records in registers; ( b ) matters relating to certificates for registered events, including issue, collection, receipt, custody, use, surrender, cancellation and replacement of certificates; ( c ) matters relating to extracts from records in registers, including applications for, and issue, collection, receipt, custody, use and surrender of, extracts; ( d ) in the case of re‑registration of births of adopted children — applications for, and issue, collection, receipt, custody, use and surrender of, extracts from or copies of former records in the register of births superseded by such re‑registration; ( e ) in the case of records in registers containing entries made in a language other than English, or entries made during the Japanese occupation of Singapore — the Registrar‑General’s power to translate or substitute such entries when issuing extracts from or copies of (mentioned in paragraph ( c ) or ( d )) such records; ( f ) appeals that may be made to the Minister (or any other specified person) from specified decisions of the Registrar‑General under this Act, and the powers, practice and procedures in relation to such appeals; ( g ) the fees to be paid in respect of any matter under or in connection with the administration of this Act, and the waiver, reduction or refund of fees charged. (3) Regulations made under this section may provide that a contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $3,000 or with imprisonment for a term not exceeding 2 years or with both.


document_id: rbda-2021
provision_ref: s63
chapter: PART 9 - MISCELLANEOUS
section: 63
title: Saving and transitional provisions
content:
63. —(1) Subject to the provisions of this Act, this Act extends to and applies in respect of — ( a ) a birth, death or stillbirth that is registered under the repealed Act, as if the birth, death or stillbirth (as the case may be) were registered under this Act; ( b ) a birth that is registered or re‑registered under the Adoption of Children Act 1939, or re‑registered under the Legitimacy Act 1934, as if the birth were registered or re‑registered (as the case may be) under this Act; and ( c ) a birth, death or stillbirth that occurs before the appointed date and is required to be registered under the repealed Act but is not so registered before the appointed date. (2) If the birth of a child in Singapore before the appointed date is not registered under the repealed Act before that date, the child’s birth must be registered under, and in accordance with, this Act, and (to avoid doubt) section 8 applies to a responsible person mentioned in that section for the child. (3) If an adoption order is made for a child under the Adoption of Children Act 1939 before the appointed date, but the child’s birth is not registered or re‑registered (as the case may be) under that Act before that date, the child’s birth must be registered or re‑registered (as the case may be) under, and in accordance with, this Act. (4) Sections 7 and 10 only apply to births that occur on or after the appointed date. (5) If a person dies before the appointed date and the death is required to be registered under the repealed Act but is not so registered before that date — ( a ) in the case where the cause of death is certified by a medical practitioner before that date — the death must be registered under, and in accordance with, the repealed Act as if this Act had not been enacted; or ( b ) in any other case — the death must be registered under, and in accordance with, this Act, and section 23 applies to a medical practitioner who receives a report of the death under the repealed Act as if the report were received under section 22(3). (6) Sections 22 and 26 only apply to deaths that occur on or after the appointed date. (7) Section 28 applies to a death that occurs before, on or after the appointed date. (8) If a child is stillborn in Singapore before the appointed date but the stillbirth is not registered under the repealed Act before that date — ( a ) in the case where a certificate mentioned in section 14 of the repealed Act is issued for the stillbirth before the appointed date by a medical practitioner or a registered midwife mentioned in that section — the stillbirth must be registered under, and in accordance with, the repealed Act as if this Act had not been enacted; or ( b ) in any other case — the stillbirth must be registered under, and in accordance with, this Act, and section 33 applies to a medical practitioner who receives a report of the stillbirth under the repealed Act as if the report were received under section 32(3). (9) Sections 32 and 35 only apply to stillbirths that occur on or after the appointed date. (10) Every register provided under the repealed Act continues under this Act as if the register were provided under this Act. (11) An application made under section 25 of the repealed Act that is pending immediately before the appointed date is to be dealt with under, and in accordance with, the repealed Act as if this Act had not been enacted. (12) An appeal made under section 25 of the repealed Act that is pending immediately before the appointed date is to be dealt with under, and in accordance with, the repealed Act as if this Act had not been enacted. (13) Any written law or document that refers to the repealed Act or a provision of the repealed Act is to be construed, as far as it is necessary to preserve the effect of the written law or document, as referring to or including a reference to this Act or the corresponding provision of this Act, as the case may be. (14) A police officer who is appointed as a deputy registrar under the repealed Act continues in that appointment for the purposes of registration of deaths mentioned in subsection (5)( a ), as if this Act had not been enacted, until the appointment is revoked by the Registrar‑General. (15) For a period of 2 years after the appointed date, the Minister may, by regulations, prescribe any additional provision of a saving or transitional nature consequent on the enactment of any provision of this Act that the Minister considers necessary or expedient. (16) In this section, “appointed date” means the date of commencement of this section.


document_id: rbda-2021
provision_ref: s64
chapter: PART 10 - CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
section: 64
title: Amendment of Adoption of Children Act 1939
content:
64. The Adoption of Children Act 1939 is amended — ( a ) by deleting subsection (1) of section 12 and substituting the following subsection: “ (1) If an adoption order is made, the Registrar of the court that makes the adoption order must, as soon as practicable, provide to the Registrar‑General of Births and Deaths a copy of the adoption order and the particulars (as far as they are known to the court) that the Registrar‑General requires for the purposes of registration or re‑registration of the adopted child’s birth under the Registration of Births and Deaths Act 2021. ”; ( b ) by deleting the word “infant’s” in section 12(2)( a ) and substituting the words “adopted child’s”; ( c ) by deleting the word “infant” in section 12(2)( b ) and substituting the words “adopted child”; ( d ) by deleting subsections (3), (4), (5), (6), (7), (8) and (9) of section 12; ( e ) by deleting the section heading of section 12 and substituting the following section heading: “ Matters relating to registration or re‑registration of birth of adopted child ”; and ( f ) by repealing the Schedule.


