Singapore Government
Link to Homepage
Home | About Us | Browse | Advanced Search | Results | My Preferences | FAQ | Help | PLUS
 
Contents  

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF TOWN COUNCILS

Part III GENERAL PROVISIONS AS TO MEMBERS OF TOWN COUNCIL

Part IV FUNCTIONS AND POWERS OF TOWN COUNCIL

Part IVA LIFT UPGRADING WORKS

Part V PROCEEDINGS OF TOWN COUNCIL

Part VI FINANCIAL PROVISIONS

Part VIA INSPECTION AND OFFICIAL MANAGEMENT OF TOWN COUNCILS

Part VII MISCELLANEOUS PROVISIONS

THE SCHEDULE Repealed

Legislative History

Comparative Table

 
Slider
Left Corner
Print   Link to Viewed VersionLink to In-Force Version
 
On 24/08/2017, you requested the version in force on 24/08/2017 incorporating all amendments published on or before 24/08/2017. The closest version currently available is that of 01/05/2017.
Slider
Constitution of Town Council Fund
33.
—(1)  For the purposes of improving, managing and maintaining the common property of the residential and commercial property in the housing estates of the Board, a Town Council shall establish and maintain separate funds for improvements to and the management and maintenance of residential property and of commercial property; and such funds shall together constitute the Town Council Fund and shall, with all property which is or may become vested in the Town Council, be under the direction and control of the Town Council subject to the provisions of this Act.
[18/92; 6/99]
(2)  All moneys received by a Town Council by virtue of this Act or any other Act shall be paid into the Town Council Fund and all liabilities falling to be discharged by a Town Council shall be discharged out of that Fund.
(3)  All moneys of the Town Council Fund that are not immediately required shall be paid into the appropriate fund established under subsection (1) to which the moneys relate and be applicable only to meet such expenses and liabilities as are properly attributable to that fund.
(4)  A Town Council shall establish and maintain, as part of the Town Council Fund, separate sinking funds, each for residential property and for commercial property in the housing estates of the Board within the Town, to meet the expenditure and liabilities mentioned in subsection (6)(a).
[18/92; 6/99]
(4A)  From 1 April 2017, every Town Council must also establish and maintain, as part of the Town Council Fund, a sinking fund called a lift replacement fund, each for residential property and for commercial property in the housing estates of the Board within the Town —
(a)
to meet the cost of —
(i)
any capital expenditure (including works, plant, equipment, appliances and insurance premiums) related to the replacement of lifts in those residential property or commercial property; or
(ii)
lift upgrading works under Part IVA in those residential property or commercial property; and
(b)
to pay any principal or interest on moneys borrowed or raised by the Town Council for any capital expenditure mentioned in paragraph (a).
(4B)  From 1 April 2017, every Town Council must pay into the lift replacement fund an amount out of moneys in the Town Council’s sinking funds established under subsection (4), being not less than an amount prescribed.
(5)  The Minister may, from time to time, prescribe the minimum amount of —
(a)
the conservancy and service charges which are paid, or are due and payable, or both, to a Town Council under section 39; and
(b)
any grants-in-aid made to a Town Council under section 42,
to be paid or credited into the sinking funds and the lift replacement funds established under subsections (4) and (4A), respectively, established for residential property and for commercial property.
[6/99]
(6)  A Town Council shall not disburse any moneys —
(a)
from any sinking fund otherwise than for the purposes of meeting expenses or liabilities properly attributable to that sinking fund in respect of —
(i)
cyclical major repainting of any part of the common property of the residential property and commercial property in the housing estates of the Board within the Town;
(ii)
renewal or replacement of any roofing system, water tanks, pumps and water supply system, electrical supply system and lightning protection system existing for common use or purposes of residents of the residential or commercial property in the housing estates of the Board within the Town;
(iii)
major repairs and maintenance of the common property of the residential property and commercial property and boundary walls of the housing estates of the Board within the Town;
[23/2005 wef 15/08/2005]
(iv)
improvement contributions due to the Board in respect of general upgrading works carried out under Part IVA of the Housing and Development Act (Cap. 129) on any part of the common property in the housing estates of the Board within the Town;
(v)
any other works which may be prescribed from time to time; or
(vi)
paying at the end of a financial year surpluses to any lift replacement fund as authorised by subsection (9) or by the Financial Rules;
(aa)
from a lift replacement fund except for the purposes specified in subsection (4A)(a) and (b); or
(b)
from the Town Council Fund except for the purpose of —
(i)
exercising its powers or carrying out its duties and functions under this Act or any other Act;
(ii)
paying any fine imposed on the Town Council upon its conviction for any offence; or
[23/2005 wef 15/08/2005]
(iii)
paying at the end of a financial year surpluses to any sinking fund or lift replacement fund as authorised by subsection (9) or by the Financial Rules.
(6A)  Any Town Council which contravenes subsection (6)(a), (aa) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[23/2005 wef 15/08/2005]
(7)  Despite anything in this section, a Town Council may, with the approval or on the direction of the Minister, disburse moneys from an operating fund of the Town Council —
(a)
to erect, install or plant (including landscaping) any facility;
(b)
to demolish and relocate any facility; or
(c)
to repair and maintain any facility erected, installed or planted,
within the Town but outside of the common property of the residential and commercial property in the housing estates of the Board within the Town, provided that the owner of the property on which the facility is erected, installed or planted consents.
(8)  All payments to and out of the Town Council Fund shall be made to and by the secretary who shall be responsible therefor to the Town Council.
(9)  If at the end of a financial year of a Town Council, there is a surplus in an operating fund of the Town Council, or a surplus in a sinking fund of the Town Council established under subsection (4), the Town Council may do the following, whichever is applicable:
(a)
transfer the whole or part of the surplus in the operating fund to a sinking fund established under subsection (4) or (4A);
(b)
transfer the whole or part of the surplus in a sinking fund established under subsection (4) to a lift replacement fund established under subsection (4A) to make good any deficit in the lift replacement fund.
(10)  Notwithstanding anything in this section, upon the registration of the strata title plan in respect of any designated land, the Town Council responsible for the common property of the designated land shall as soon as practicable transfer to the management corporation for the designated land moneys standing to the credit of such of the funds (including sinking funds) of the Town Council Fund which relate to the designated land.
[37/96]
(11)  Where an order is made under section 3(1) other than in consequence of any general election or by-election under the Parliamentary Elections Act (Cap. 218), and any residential or commercial property or any part of the common property thereof is transferred from the Town of one Town Council to the Town of another, the Town Councils may agree on the amount of the sinking fund relating to such property or such part to be transferred and paid to the Town Council to which the property or part is transferred; and in default of agreement the amount shall be determined by the Minister whose decision shall be final.
[37/96]
(12)  In this section —
“commercial property” means any commercial property which does not form part of any residential property and includes any market and food centre;
“designated land” means any land or housing estate vested in the Board which the Minister, by notification in the Gazette, designates as land to which section 126A of the Land Titles (Strata) Act (Cap. 158) applies;
[37/96; 6/99]
“operating fund”, for a Town Council, means a fund that is established as part of the Town Council Fund of the Town Council but is not a sinking fund established by the Town Council under subsection (4) or (4A).
History for Provision '33 Constitution of Town Council Fund'.
Left Arrow
Right Arrow
pr33-.
05/08/1988
Formal Consolidation
05 August 1988
Act
12 of 1988

30/05/1997
Formal Consolidation
30 May 1997
1997 RevEd
 
Compare versionsDiff

08/02/1999
Informal Consolidation
08 February 1999
Amended
Act 6 of 1999

01/07/2000
Formal Consolidation
01 July 2000
2000 RevEd
 
Compare versionsDiff

15/12/2004
Informal Consolidation
09 November 2004
Amended
Act 45 of 2004

15/08/2005
Informal Consolidation
15 August 2005
Amended
Act 23 of 2005

01/05/2017
Informal Consolidation
07 April 2017
Amended
Act 17 of 2017