On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 31/07/2004.
PART III
FUNCTIONS, DUTIES, PROPERTIES AND OFFICERS OF BOARD
13. Subject to the provisions of this Act, it shall be the function and duty of the Board —
(a)
to prepare and execute proposals, plans and projects for —
(i)
the erection, conversion, improvement and extension of any building for sale, lease, rental or other purpose;
(ii)
the clearance and redevelopment of slum and urban areas;
(iii)
the development or redevelopment of areas designated by the Minister;
(iv)
the development of rural or agricultural areas for the resettlement of persons displaced by operations of the Board or other resettlement projects approved by the Minister;
(b)
to manage all lands, houses and buildings or other property vested in or belonging to the Board;
(c)
to carry out all investigations and the surveys necessary for the performance of the functions and duties of the Board;
(d)
to provide loans, with the approval of the Minister, to enable persons to purchase —
(i)
any developed land; or
(ii)
any other land belonging to the Board for which planning permission to develop has been obtained under the Planning Act (Cap. 232),
or any part thereof upon a mortgage of that land;
(e)
to exercise such powers and perform such duties as may from time to time be conferred on or delegated to the Board by or under the provisions of any written law; and
(f)
to do all such other matters and things as are necessary for the exercise or performance of all or any of the functions and duties of the Board.
[30/84; 16/95]
13A.
—(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 in connection with its activities or affairs.
[21/2000]
(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 cause confusion, 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.
[21/2000]
13B.
—(1) The Board may conduct its operations under its full name or under the acronym HDB.
[21/2000]
(2) A person other than the Board shall not —
(a)
use in connection with a business, trade, profession or occupation;
(b)
use as the name, or as part of the name, of any firm, body corporate or institution; or
(c)
use in relation to —
(i)
services or products; or
(ii)
the promotion, by any means, of the supply of services or products,
the name of the Board or the acronym HDB, or a name or acronym so closely resembling the name of the Board or the acronym HDB, as to be likely to be mistaken for it.
[21/2000]
(3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
[21/2000]
14.
—(1) Where loans are provided by the Board for the purchase of any property upon a mortgage of that property to the Board, whether such mortgage was entered into before or after 5th September 1986, the Board shall have the power, notwithstanding anything contained in the mortgage document, to vary the rate of interest payable under the mortgage upon giving the mortgagor one month’s notice of the Board’s intention to do so.
[21/86]
(2) Any notice under subsection (1) shall be in writing and shall be deemed to be sufficiently served on the mortgagor if sent by ordinary post to the mortgagor at the address of the mortgaged property and shall be deemed to be served on the mortgagor at the time when the letter would, in the ordinary course of post, be delivered.
[21/86]
15.
—(1) The Board may, with the approval of the Minister, form or participate in the formation of any private company (referred to in this section as the company) having such object as may be approved by the Minister.
[28/89]
(2) Notwithstanding the provisions of any written law for the time being in force relating to companies, there shall be registered with the memorandum of association of the company articles of association prescribing regulations for the company.
(3) Such articles of association of the company shall contain, amongst other things, such provisions relating to —
(a)
the capital and share structure of the company;
(b)
the qualification, appointment, remuneration, powers and proceedings of directors;
(c)
dividends and reserve funds; and
(d)
the winding up of the company,
as may be directed by the Minister, and shall also provide that such employees of the Board as are transferred to the company shall enjoy salaries and conditions of service as near as may be to those on which they were employed by the Board.
(4) The Board may, with the written approval of the Minister, grant loans to any company in which the Board holds any shares.
[28/89]
16. The Board may accept gifts, legacies or donations and apply them for any of its functions or duties.
17. In addition to the functions and duties imposed by this Act, 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 those functions.
18.
—(1) The Minister may, after consultation with the Board, give to the Board general directions not inconsistent with the provisions of this Act and the Board shall give effect to all such directions.
(2) The Board shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.
19.
—(1) The Board shall from time to time prepare and submit to the Minister proposals, plans and projects showing the nature of the work proposed to be executed and other steps proposed to be undertaken by the Board under sections 13, 17 and 18.
(2) The Minister may reject or approve any such proposal, plan or project or any part thereof either without modification or subject to such modification as he may think fit.
(3) Every such proposal, plan or project submitted by the Board under this section shall be in such form and contain such particulars as the Minister may direct.
20.
—(1) The Board may, in accordance with standing orders made under this Act, enter into such contracts as are necessary for the discharge of its functions and duties.
(2) In the case of contracts for the supply of goods or materials or for the execution of works, such standing orders shall —
(a)
require that, except as otherwise therein provided, notice of the intention to enter into such contracts shall be published and tenders invited; and
(b)
regulate the manner in which such notice shall be published and tenders invited.
(3) A person entering into a contract with the Board shall not be bound to inquire whether the standing orders have been complied with and all such contracts, if otherwise valid, shall have full force and effect notwithstanding that the standing orders applicable thereto have not been complied with.
21. No matter or thing done and no contract entered into by the Board and no matter or thing done by any member or by any employee of the Board or other person whomsoever acting under the direction of the Board shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of carrying out the provisions of this Act, subject them or any of them personally to any action, liability, claim or demand whatsoever.
22. It shall be lawful for the Board to make and carry into effect any agreement whereby the Board undertakes to act as agent for the Government or any public authority in the erection of houses or other buildings, the carrying out of repairs, the collection of rents, in relation to any other services in connection with housing or buildings ancillary thereto or, with the approval of the Minister, in relation to any services not connected with housing or buildings ancillary thereto.
[41/98]
23. The Board may, with the approval of the Minister, make an ex gratia payment to any person sustaining any damage by reason of the exercise of any of the powers vested in the Board or its employees under and by virtue of this Act.
24.
—(1) The Board may, with the approval of the Minister, purchase or lease any land required for any of the purposes of this Act.
(2) The Board may, with the approval of the prescribed approving authority (except for monthly leases), sell, surrender, lease or exchange any land or building belonging to the Board, either in block or in parcels as may be found most convenient or advantageous.
[31/2002]
(3) Subject to section 31, the Board may lease from month to month any land or building belonging to the Board at such rent and upon such terms and conditions as the Board thinks fit.
Compulsory acquisition of land
25. [Repealed by Act 28/89]
26.
—(1) Notwithstanding the repeal of section 25 by the Housing and Development (Amendment) Act 1989, no compulsory acquisition of any immovable property before 15th April 1983 shall be called in question in any court on the ground that the acquisition was not in compliance with the repealed section as in force before that date.
[28/89]
(2) Any action or proceedings pending after 15th April 1983 in any court in respect of any matter to which subsection (1) applies shall be dismissed on application by any party, and the court may make such order as to costs as it thinks fit.
27.
—(1) The Board may, with the approval of the Minister, make rules prescribing anything that is to be prescribed and generally for carrying out the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the Board may, with the approval of the Minister, make rules for or in respect of all or any of the following matters:
(a)
regulating the use and enjoyment of common property and open spaces in any land vested in or held in trust for the Board;
(b)
prohibiting or regulating the parking of vehicles on such common property or in such open spaces other than parking places;
(ba)
regulating the carrying out of any renovation in any flat, house or other building sold under this Act;
(bb)
prescribing the form or forms of the contract or agreement that shall be used by every owner of any such flat, house or other building and a purchaser other than the Board;
(bc)
prescribing the conditions which, if used in any contract or agreement between any owner of any such flat, house or other building and a purchaser other than the Board, shall be void;
(c)
prescribing that any act or omission in contravention of any rule shall be an offence punishable by a fine not exceeding $5,000; and
(d)
prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Board and be recoverable as such) to be paid by the Board’s tenant or licensee, an owner of any flat, house or other living accommodation sold by the Board or an owner of any HUDC dwelling for late payment of any of the following moneys due to the Board:
(i)
rent;
(ii)
licence fees;
(iii)
maintenance fees;
(iv)
moneys due under any loan provided to such owner for his purchase of such HUDC dwelling, flat, house or other living accommodation.
[28/89; 16/95; 41/98]
(2A) Any rules made under subsection (2)(ba) may prescribe —
(a)
the procedure and fees relating to the application by and grant of a licence to a lessee or contractor to carry out any renovation in any such flat, house or other building;
(b)
the conditions of any such licence;
(c)
the deposit of security to the satisfaction of the Board for the due performance of all or any of the obligations imposed on the licensee by the licence or by this Act; and
(d)
the procedure for cancelling or suspending any such licence or forfeiting any such deposit of security, including a right of appeal to the Minister (whose decision shall be final) against any such proposed cancellation, suspension or forfeiture.
[41/98; 31/2002]
(3) All rules made under the provisions of this Act shall be presented to Parliament as soon as possible after publication in the Gazette.
27A.
—(1) The Board may, in its discretion, compound any offence under any rules made under section 27 which is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000.
[28/89; 16/95]
(2) The Board may, with the approval of the Minister, make rules prescribing the offences which may be compounded and the method and procedure by which such offences may be compounded.
[28/89]
(3) All sums of money received for the composition of offences under this section shall be paid into the funds of the Board.
[28/89]
27B.
—(1) When a parking offence is committed, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under the rules made under section 27 in all respects as if he were the actual offender guilty of the parking offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
[28/89]
(2) Nothing in this section shall affect the liability of the actual offender except that, where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation thereto.
[28/89]
(3) Notwithstanding subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if he —
(a)
within 7 days after service on him of a notice alleging that he has been guilty of the offence, furnishes by statutory declaration to the Board the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned;
(b)
satisfies the Board that he did not know and could not with reasonable diligence have ascertained such name and address; or
(c)
satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.
[28/89]
(4) A statutory declaration made under subsection (3)(a) if produced in any proceedings against the person named therein and in respect of the parking offence concerned shall be prima facie evidence that the person was in charge of the vehicle at all relevant times relating to such parking offence.
[28/89]
(5) A statutory declaration which relates to more than one parking offence shall not be regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).
[28/89]
(6) In this section —
“owner”, in relation to a vehicle, includes —
(a)
every person who is the joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the owner under any such agreement;
(b)
the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to him in regard to such sale or disposal; and
(c)
in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act (Cap. 276), the person to whom the general licence is issued;
“parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any rules made under section 27.
[28/89]
28. The Board may, with the approval of the Minister, make standing orders providing for any matter in regard to which standing orders may be made under this Act and, in particular, for the following:
(a)
the method of entering into contracts by or on behalf of the Board;
(b)
the delegation of powers to officers of the Board;
(c)
the opening, keeping, closing and internal audit of accounts of the Board;
(d)
the conduct and discipline of officers of the Board;
(e)
loans and allowances or gratuities to officers of the Board;
(f)
housing accommodation for officers of the Board; and
(g)
the professional and technical training of officers of the Board.
29.
—(1) The Board may, in its discretion, appoint from among its own members or other persons who are not members such number of committees consisting of members or other persons, or members and other persons, for purposes which, in the opinion of the Board, would be better regulated and managed by means of such committees.
[13/75]
(2) The Board may, subject to such conditions or restrictions as it may impose, delegate to any such committee or the Chairman or the Chief Executive Officer one or more of the functions, duties and powers by this Act vested in the Board, except the power —
(a)
to borrow money;
(b)
to make any subsidiary legislation; and
(c)
to delegate under this section.
[13/75; 31/2002]
(2A) Any function, duty or power delegated under subsection (2) may be exercised or performed by such committee or the Chairman or the Chief Executive Officer, as the case may be, in the name and on behalf of the Board.
[13/75]
(3) The Board may, subject to such conditions or restrictions as it may impose, delegate to an employee of the Board one or more of the Board’s functions, duties and powers by this Act vested in the Board, except the power —
(a)
to borrow money or to raise or grant loans or advances to or subscribe to stocks, shares, bonds or debentures of a company or corporation;
(b)
to make subsidiary legislation; or
(c)
to delegate under this section.
[13/75; 31/2002]
(3A) A function, duty or power delegated under subsection (3) may be exercised or performed by the employee in the name and on behalf of the Board.
[13/75]
(4) Subject to the approval of the Minister, the Board may delegate to —
(a)
any Town Council established under section 4 of the Town Councils Act (Cap. 329A);
(b)
any member of the Town Council;
(c)
any member of any committee of the Town Council appointed under section 31 of the Town Councils Act; or
(d)
any employee or agent of the Town Council,
one or more of the Board’s powers under any rules made under section 27, subject to such conditions or restrictions as the Board may specify.
[28/89]
(4A) Any power so delegated under subsection (4) may be exercised by such Town Council, member, employee or agent in the name and on behalf of the Board.
[28/89]
(5) The Board may exercise any power conferred or perform any function or duty imposed upon it under this Act, notwithstanding the delegation of such function, duty or power under this section.
[13/75]
30. The Board shall, in all housing and development projects, act in conformity with the Master Plan.
31.
—(1) The Board may from time to time with the approval of the Minister fix the amount of —
(a)
rent and licence fees payable in respect of any property provided under this Act which is subject to a tenancy or licence agreement; and
(b)
maintenance fees payable in respect of any property provided under this Act.
[21/86]
(2) Notwithstanding anything contained in any tenancy or licence agreement or sale and purchase agreement in respect of any property provided under this Act, the Board shall have the power to vary, with the approval of the Minister, the rent, licence fees or maintenance fees fixed under subsection (1).
[21/86]
(3) Any variation in the rent, licence fees or maintenance fees made under subsection (2) shall be published in the Gazette and shall take effect on such date as may be specified therein.
[21/86]
32.
—(1) As from 1st February 1960, the undertakings of the Singapore Improvement Trust shall, except as provided in the Planning Act (Cap. 232), be transferred to and shall vest in the Board without further assurance.
(2) Without prejudice to the generality of subsection (1), that transfer includes —
(a)
all lands, buildings and other property, movable or immovable, and all assets, powers, rights and privileges held or enjoyed by the Singapore Improvement Trust in connection therewith, or appertaining thereto;
(b)
all rights and interests of the Singapore Improvement Trust in any other undertaking; and
(c)
all liabilities and obligations of the Singapore Improvement Trust.
(3) Any proceedings or cause of action pending or existing immediately before 1st February 1960 by or against the Singapore Improvement Trust in respect of its undertakings may be continued and enforced by or against the Board, as it might have been by or against the Singapore Improvement Trust if this Act had not been passed.
33.
—(1) On 1st May 1982, all the estates and interests of —
(a)
the Housing and Urban Development Company in the lands described in the First Schedule; and
(b)
the Jurong Town Corporation in the lands described in the Second Schedule,
shall vest in the Board without further assurance subject to the same conditions of tenure incident thereto and to any subsisting encumbrances.
[12/82]
(1A) The Board shall have the power to execute any instrument under the Land Titles Act (Cap. 157), disposing of or creating an interest in any of the lands so vested in the Board (referred to in this Act as transferred properties).
[12/82]
(2) On 1st May 1982, any land described in the Second Schedule which immediately before that date was held in trust for the Jurong Town Corporation shall be held upon the same trust for the Board.
(3) Without prejudice to the generality of subsection (1), on 1st May 1982, all the rights and liabilities of the Housing and Urban Development Company or the Jurong Town Corporation in connection with or pertaining to the transferred properties shall be transferred to the Board.
[12/82]
(4) All proceedings in respect of the transferred properties by or against the Housing and Urban Development Company or the Jurong Town Corporation which are pending on 1st May 1982 may be continued, completed and enforced by or against the Board.
[12/82]
(5) Every agreement relating to any of the transferred properties to which the Housing and Urban Development Company or the Jurong Town Corporation was a party immediately before 1st May 1982, whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that date as if —
(a)
the Board had been a party to such an agreement; and
(b)
for any reference to the Housing and Urban Development Company or the Jurong Town Corporation there were substituted in respect of anything to be done on or after 1st May 1982 a reference to the Board.
[12/82]
(6) Any flat, house or other living accommodation which has been built on any land vested in the Board under subsection (1)(b) and which has been sold by the Jurong Town Corporation under Part IV of the Jurong Town Corporation Act (Cap. 150) shall be deemed to be a flat, house or other living accommodation sold by the Board under Part IV of this Act.
[21/86]
(7) In all applications made to and registered with the Jurong Town Corporation prior to 1st May 1982 for the purchase of such flat, house or other living accommodation as is referred to in subsection (6), any reference to the Jurong Town Corporation shall be read as if it were a reference to the Board.
[21/86]
34.
—(1) The Board shall pay to —
(a)
the Housing and Urban Development Company for the estates and interests in the lands vested in the Board under section 33(1)(a) such compensation as may be agreed between the Board and the Housing and Urban Development Company; and
(b)
the Jurong Town Corporation for the estates and interests in the lands vested in the Board under section 33(1)(b) such compensation as may be agreed between the Board and the Jurong Town Corporation.
(2) Any dispute between the Board and the Housing and Urban Development Company or the Jurong Town Corporation as to the compensation to be paid under subsection (1) shall be referred to an arbitrator to be appointed by the Minister and the decision of the arbitrator shall be final and binding on the parties.
35. All dwellings erected before or after 1st May 1982 on those lands which immediately prior to that date were vested in the Housing and Urban Development Company and are vested in the Board under section 33(1)(a) shall be known as HUDC dwellings after that date.
[12/82]
36.
—(1) Subject to this section, on and after 1st May 1982, all the rights and obligations of the Housing and Urban Development Company with respect to the sale of its dwellings (referred to in this Act as HUDC dwellings) shall be transferred to the Board.
(2) In all applications made to and registered with the Housing and Urban Development Company prior to 1st May 1982 for the purchase of HUDC dwellings, any reference to the Housing and Urban Development Company shall be read as if it were a reference to the Board.
[12/82]
(3) The Board shall have power to vary the terms and conditions of any application made by an applicant and registered with the Housing and Urban Development Company prior to 1st May 1982 for the sale and purchase of a HUDC dwelling after that date.
(4) Where an applicant refuses or fails to accept the terms and conditions as varied by the Board under subsection (3), the Board may cancel his application and refund the registration fee paid to the applicant.
(5) No proceedings shall be instituted in any court by the applicant against the Board to recover any loss suffered, directly or indirectly, by the applicant arising out of or caused by the cancellation of his application under subsection (4).
37.
—(1) The Government shall be deemed to have a first charge, unless the Minister otherwise directs, on all immovable property at any time vested in or acquired by the Board to secure all moneys from time to time owing by the Board to the Government or lent by the Government to the Board.
(2) Subject to subsection (1) and excepting only such charges, and mortgages as were created, or made by the Board with the approval of the Minister before the moneys became owing to or were advanced by the Government, that charge shall have priority over all other charges and mortgages.
(3) The President by virtue of that charge may, at any time, so long as there are moneys owing by the Board to the Government —
(a)
sell the whole or any part of the immovable property of the Board, either by public auction or private contract, and on the sale execute a conveyance of the immovable property sold, which conveyance shall, without the concurrence of the Board, vest that property in the purchaser;
(b)
by notification in the Gazette declare that the whole or any part of the immovable property of the Board shall, on a date to be mentioned in the notification, vest in the Government, and thereafter the immovable property of the Board described in the notification shall, on that date, vest in the Government for all the estate, right, title and interest of the Board, freed and discharged from all charges and mortgages created or made by the Board, saving only such charges and mortgages as are excepted in subsection (2) and are subsisting securities;
(c)
appoint some person to receive the rents and other income which the Board is entitled to receive, or any portion thereof, and to apply the same in discharge of the amount due and of all expenses incurred in respect of the appointment of that person, and of the recovery by him of the rents and income; and the person so appointed shall have for the recovery of the rents or other income, all and singular the powers conferred by this Act on the Board for that purpose.
(4) Whenever any declaration has been made under this section, notice thereof shall, in the case of registered land, be sent to the Registrar of Titles who shall thereupon enter in the land-register a memorial of the registration of the vesting of the land in the Government and in other cases to the Registrar of Deeds who shall thereupon make an entry in the books of the Registry of Deeds that the land described in the notification containing the declaration is vested in the Government.
38.
—(1) The Board, with the approval of the Minister and the President’s concurrence under Article 22A(1)(b) of the Constitution, shall appoint a Chief Executive Officer.
[11/91]
(2) If the Chief Executive Officer is temporarily absent from Singapore or temporarily incapacitated through illness or for any other sufficient reason from the performance of his duties, another person may be appointed in the manner provided by subsection (1) to be the Chief Executive Officer during his temporary absence or other incapacity.
39.
—(1) Subject to the disallowance under section 69(1) of any item or portion of any item in a budget, the Board may, from time to time, appoint and employ such officers as may be necessary for the purpose of this Act, and may from time to time dismiss them.
[11/91]
(2) Subject to this section —
(a)
appointments and promotions of all employees shall be made by the Board; and
(b)
determination of an appointment, dismissal and disciplinary control of the employees of the Board are vested in the Board.
(3) The Minister may, with the consent of the Public Service Commission, declare by notification in the Gazette that any appointment and promotion of an officer or class of officers as he thinks fit, and determination of an appointment, dismissal and disciplinary control of persons appointed as such officers, shall be vested in the Board acting on the advice of the Public Service Commission, and upon the declaration the Board shall exercise those functions on the advice of the Public Service Commission.
(4) Notwithstanding this section, the Chief Executive Officer may appoint persons temporarily for a period not exceeding 2 months.
(5) The Board shall, with the approval of the Minister, prescribe the rates of remuneration payable to persons employed by the Board, and no persons so employed shall be paid otherwise than in accordance with those rates.
40.
—(1) No person shall be eligible for employment as an officer of the Board who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, for or on behalf of the Board.
(2) Any officer of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.
(3) No officer shall be deemed to have or acquire any such share or interest by reason only that —
(a)
he is or becomes a member of an incorporated company which owns land situated in Singapore or has a contract with or executes work for the Board; or
(b)
he has or acquires a share in any loan issued by the Board or in any security for the same.
41.
—(1) As from 1st February 1960, every officer of the Singapore Improvement Trust, not being an officer exclusively engaged in the planning functions of the Singapore Improvement Trust, shall be deemed to be transferred to the service of the Board at the same rate of pay and, as near as may be, on the same conditions of service, as those on which he was employed by the Singapore Improvement Trust.
(2) Nothing in this section shall be deemed to affect the right of the Board to terminate the employment of any such officer transferred to the service of the Board or to vary his rate of pay or conditions of service in the manner and to the extent that the Singapore Improvement Trust could have done had he continued in the service of the Singapore Improvement Trust.
42.
—(1) Subject to the approval of the Minister, the Board may make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such officers or classes of officers of the Board as the Board may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board.
(2) The following provisions shall apply to any scheme established under this section:
(a)
no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board, shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;
(b)
no donation by the Board or contribution by its officers made under any such scheme and no interest thereon shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government;
(c)
no such donation, contribution or interest shall be subject to the debts of the contributor, nor shall such donation, contribution or interest pass to the Official Assignee on the bankruptcy of the contributor, but, if the contributor is adjudicated a bankrupt or is declared insolvent by a court, the donation, contribution or interest shall, subject to the provisions of this Act, be deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;
(d)
the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions shall continue to be made notwithstanding the provisions of any written law, and the portion of salary so deducted shall not be deemed to form part of his after-acquired property;
(e)
subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor shall be deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of the deceased contributor, or under a nomination in such form as may be prescribed in the scheme, and shall not be deemed to form part of his estate or be subject to the payment of his debts but shall be deemed to be property passing on his death for the purposes of the Estate Duty Act (Cap. 96);
(f)
any contributor may by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; such a memorandum shall be in the form prescribed in the scheme and shall be deposited with the Board;
(g)
if at the time of the death of any contributor or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the High Court or a Judge thereof; and
(h)
the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Board for any moneys payable on his death out of any such scheme.
Retirement of non-eligible officers and employees transferred to the service of Board
43. [Repealed by Act 11/2003]
Safeguarding of Municipal Provident Fund benefits
44. [Repealed by Act 11/2003]
45. All members and officers of the Board shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).