RECONSTITUTION, FUNCTIONS, DUTIES AND POWERS OF BOARD
3. As from 1st April 2001, the Board shall continue in existence and shall continue to be a body corporate with perpetual succession and capable of —
suing and being sued in its corporate name;
acquiring, owning, holding and developing or disposing of property, both movable and immovable; and
doing and suffering such other acts or things as bodies corporate may lawfully do and suffer.
—(1) As from 1st April 2001, the Board shall continue to have a common seal and the seal may, from time to time, be broken, altered or made anew as the Board thinks fit.
(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to any document and shall presume that it was duly affixed.
—(1) Subject to the provisions of this Act, it shall be the function and duty of the Board to —
provide, construct and maintain such catchment areas, reservoirs and other works as may be required or necessary for the collection, supply and use of water for public and private purposes;
manage and work the water installations of the Board and such other installations as may be acquired by the Board under the provisions of this Act;
secure and provide an adequate supply of water at reasonable prices;
regulate the supply of piped water for human consumption;
collect and treat used water;
promote water conservation;
act as an agent of the Government in the construction, management and maintenance of all or any part of any of the following which belongs to the Government:
public sewerage systems;
storm water drainage systems, drains and drainage reserves;
any boat transfer facility or barrage in or connecting to any reservoir;
regulate the construction, maintenance, improvement, operation and use of sewerage and land drainage systems;
regulate the discharge of sewage and trade effluent;
advise the Government on all matters —
relating to the collection, production and supply of water;
relating to sewerage and drainage; and
appertaining to the Board generally;
whether by itself or in association with any other person or organisation, provide to any person in Singapore or elsewhere consultancy, advisory, technical, managerial or other specialist services relating to sewerage, drainage, or the collection, production and supply of water;
regulate and manage activities in and around reservoirs, catchment areas and waterways maintained by the Board; and
carry out such other functions as are imposed upon the Board by or under this Act or any other written law.
(2) In addition to the functions and duties imposed by this section, the Board may undertake such other functions as the Minister may assign to the Board and, in so doing —
the Board shall be deemed to be fulfilling the purposes of this Act; and
the provisions of this Act shall apply to the Board in respect of such functions.
(3) Nothing in this section shall be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.
(4) In this section, “public sewerage system”, “public sewers”, “storm water drainage system”, “drain” and “drainage reserve” have the same meanings as in the Sewerage and Drainage Act (Cap. 294).
—(1) Subject to the provisions of this Act, the Board may carry on such activities as appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act or other written law and, in particular, the Board may exercise any of the powers specified in the Second Schedule.
(2) This section shall not be construed as limiting any power of the Board conferred by or under any written law.
(3) The Board shall furnish the Minister information with respect to its property and activities in such manner and at such times as the Minister may require.
—(1) The Minister may, after consultation with the Board, give the Board such directions as he thinks fit as to the exercise by the Board of its functions under this Act or other written law.
(2) Without prejudice to the generality of subsection (1), if it appears to the Minister to be requisite or expedient to do so —
on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or
in order —
to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement;
to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or
to enable the Government to become a member of such an organisation or a party to such an agreement,
the Minister may, after consultation with the Board, give such directions to the Board as are necessary in the circumstances of the case.
(3) The Board shall give effect to any direction given to it under subsection (1) or (2) notwithstanding any other duty imposed on the Board by or under this Act or other written law.
(4) The Board shall not disclose any direction given to it under subsection (1) or (2) if the Minister notifies the Board that the Minister is of the opinion that the disclosure of the direction is against the public interest.
(5) If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister shall be conclusive evidence of the matters stated therein.
—(1) The Board or any person authorised by the Board may by notice require any person to furnish to the Board or the person so authorised, within such period as specified in the notice, all such documents or information relating to all such matters as may be required by the Board for the purposes of this Act and as are within the knowledge of that person or in his custody or under his control.
(2) Any person who, on being required by notice under subsection (1) to furnish any document or information, fails to comply with any requirement of the notice shall be guilty of an offence.
(3) Any person who —
intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (1) to furnish; or
in furnishing any estimate, return or other information required of him under any notice under subsection (1), makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular,
shall be guilty of an offence.
—(1) The Board shall, with the approval of the Minister, appoint a Chief Executive on such terms and conditions as the Board may determine.
(2) The Chief Executive shall —
be known by such designation as the Board may determine;
be responsible to the Board for the proper administration and management of the functions and affairs of the Board in accordance with the policy laid down by the Board; and
not be removed from office without the consent of the Minister.
(3) The Minister shall consult the Public Service Commission before granting his approval under subsection (1) or before giving his consent under subsection (2)(c).
(4) If the Chief Executive is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any other reason temporarily unable to perform his duties, a person may be appointed by the Board to act in the place of the Chief Executive during any such period of absence from duty.
(5) The Board may, from time to time, appoint and employ on such terms and conditions as the Board may determine such officers and employees as may be necessary for the effective performance of its functions.
(6) The Board may, from time to time, appoint and authorise in writing —
any officer or employee of the Board, or any officer of any other statutory authority, to be an authorised officer for the purposes of this Act; and
any authorised officer or other person to perform any particular function or duty or to exercise any particular power under this Act, subject to such conditions or limitations as the Board may specify.
11. All members, officers and employees of the Board shall be deemed to be public servants for the purposes of the Penal Code (Cap. 224).
12. No suit or other legal proceedings shall lie against any member, officer or employee of the Board or other person acting under the direction of the Board for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.
—(1) For the discharge of its functions or duties under this Act or any other written law, the Board may, from time to time, raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by —
mortgage, overdraft or other means, with or without security;
charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or
the creation and issue of bonds or any other instrument as the Minister may approve.
(2) For the purposes of this section, the power to raise loans shall include the power to make any financial agreement whereby credit facilities are granted to the Board for the purchase of goods, materials or things.
[39/2004 wef 08/10/2004]
13A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board shall issue such shares or other securities to the Minister for Finance as that Minister may from time to time direct.
14. It shall be the duty of the Board so to exercise and perform its functions under this Act as to secure that the total revenues of the Board are sufficient, taking one financial year with another, to meet its total outgoings properly chargeable to revenue account, including depreciation and interest on capital and to meet a reasonable proportion of the cost of the development of the services of the Board.
—(1) The Board shall in every financial year prepare or cause to be prepared and shall adopt annual estimates of income and expenditure of the Board for the ensuing financial year.
(2) Supplementary estimates may be adopted by the Board at any of its meetings.
(3) A copy of all annual estimates and supplementary estimates shall, upon their adoption by the Board, be sent forthwith to the Minister.
(4) A summary of the annual estimates and supplementary estimates adopted by the Board shall be published in the Gazette.
17. The financial provisions set out in the Third Schedule shall have effect with respect to the Board.
18. The Board shall, as soon as practicable after the end of each financial year, submit to the Minister an annual report on the activities of the Board during the preceding financial year and the Minister shall cause a copy of every such report to be presented to Parliament.
—(1) The Board shall have the exclusive right to the use of such symbol or representation as the Board may select or devise and thereafter display or exhibit such symbol or representation in connection with its activities or affairs.
(2) Any person who uses a symbol or representation identical with that of the Board, or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence.