Singapore legislation

Section 80J

of Environmental Public Health Act 1987

Section 80J

Revocation and suspension of cleaning business licence

Amended by15/201415/201415/201415/201415/201415/201415/201415/201415/201415/2014

(1)

Subject to subsections (3) and (4), the Director‑General may by order revoke any cleaning business licence if he or she is satisfied that —

(a)

the licensee has ceased to carry on a cleaning business in Singapore;

(b)

the licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

(c)

the licensee no longer satisfies the requirements for a cleaning business licence referred to in section 80G(4)(a);

(d)

the licensee had, in connection with the application for the grant or renewal of its cleaning business licence, furnished false or misleading information in a material particular, or its cleaning business licence had been obtained by fraud or misrepresentation;

(e)

a circumstance which the Director‑General becomes aware of would have required or permitted the Director‑General to refuse to grant or renew the licensee’s cleaning business licence, had the Director‑General been aware of the circumstance immediately before granting or renewing the cleaning business licence;

(f)

any part of the progressive wage plan in respect of the licensee’s cleaning business does not conform with section 80G(5);

(g)

the licensee has contravened any requirement or other provision of this Part or has been convicted of an offence under this Part;

(h)

the licensee has, on or after 1 April 2014, contravened any requirement or provision of Part 3 of the Employment Act 1968 relating to the payment of salary, or has been convicted of an offence under Part 3 of the Employment Act 1968 relating to the payment of salary, of any of its employees, whether or not cleaners;

(i)

the licensee has failed to comply with any notice, direction or order issued under this Part by the Director‑General or any authorised officer;

(j)

the licensee has failed to pay any fine for any offence under this Part, or any financial penalty, charge or fee charged or imposed under this Part;

(k)

the licensee has failed to comply with any condition of its cleaning business licence that is not waived under section 80H(8); or

(l)

it is in the public interest to revoke the cleaning business licence.

Amended by15/2014

(2)

Subject to subsection (3), where the Director‑General considers that one or more events referred to in subsection (1) have occurred, but the event or events are not of sufficient gravity to revoke a cleaning business licence, the Director‑General may by order —

(a)

suspend the cleaning business licence for any period of time (not exceeding 6 months) that the Director‑General thinks fit; or

(b)

impose any other directions or restrictions that the Director‑General considers appropriate on the licensee’s cleaning business in Singapore.

Amended by15/2014

(3)

The Director‑General must not exercise his or her powers under subsection (1) or (2) unless an opportunity of being heard (whether in writing or otherwise) had been given to the licensee against whom the Director‑General intends to exercise his or her powers, being a period of not less than 3 days but not more than 14 days, after the Director‑General informs the licensee of such intention.

Amended by15/2014

(4)

In addition, the Director‑General must not exercise his or her powers under subsection (1) or (2) in relation to a licensee for failing to comply with the licence condition referred to in section 80H(1)(d) unless the Director‑General has first consulted the Commissioner for Labour.

Amended by15/2014

(5)

Where the Director‑General has by order revoked a cleaning business licence under subsection (1) or made any order under subsection (2) in respect of a cleaning business licence, he or she must, without delay, serve on the licensee concerned a notice of the order.

Amended by15/2014

(6)

Subject to subsections (7) and (8), an order under subsection (1) or (2) by the Director‑General revoking or suspending a cleaning business licence or imposing restrictions on the licensee’s cleaning business does not take effect until the expiry of 14 days after the notice under subsection (5) has been served on the licensee.

Amended by15/2014

(7)

Any licensee or former licensee who is aggrieved by any order of the Director‑General revoking or suspending its cleaning business licence or imposing directions or restrictions on its cleaning business may, within 14 days after the notice under subsection (5) has been served on the licensee or former licensee, appeal to the Minister whose decision is final.

Amended by15/2014

(8)

Where the licensee or former licensee concerned has appealed under subsection (7) to the Minister against any order of the Director‑General under subsection (1) or (2), the order does not take effect until it is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.

Amended by15/2014

(9)

Where an order of revocation or suspension of a cleaning business licence becomes effective, the licensee or former licensee concerned must cease to carry on cleaning business in Singapore except to the extent allowed by the Director‑General.

Amended by15/2014

(10)

Subsection (9) does not prejudice the enforcement by any person of any right or claim against the licensee or former licensee concerned or by the licensee or former licensee concerned against any person.

Amended by15/2014