Singapore legislation

Section 9

of Town Councils Act 1988

Section 9

Chairperson and vice-chairpersons

Amended by17/201717/201717/201717/201717/201717/201717/2017

(1)

Subject to subsection (3), a chairperson of a Town Council for a Town is —

(a)

if the area of the Town comprises only one single Member constituency — the Member of Parliament for that constituency; and

(b)

if the area of the Town comprises a single group representation constituency, or 2 or 3 constituencies — whoever is chosen by the elected members of the Town Council from among themselves to be the chairperson.

Amended by17/2017

(2)

Unless otherwise provided in subsection (4), the chairperson of a Town Council for a Town (as determined under subsection (1)) assumes that office as follows:

(a)

for a Town declared after a general election — on the day that the order made under section 3(1) in the circumstances in section 3(3) takes effect;

(b)

for a Town comprising one or more constituencies in which a by-election is held —

(i)

if the Town comprises only one single Member constituency — on the day after the day the candidate is declared returned as the Member of Parliament for that constituency under section 49(7E)(a) or 49A(5) of the Parliamentary Elections Act 1954, whichever happens; or

(ii)

if the Town comprises a single group representation constituency, or 2 or 3 constituencies — on the 14th day after the last date the election results are declared for the constituency or constituencies in which the by‑election is held;

(c)

for any other case — on the date the Town for the Town Council is declared under section 3.

Amended by17/2017

(3)

If the choice required by subsection (1)(b) is not made by the elected members of a Town Council on or before the applicable date mentioned in subsection (2), the Minister must appoint the chairperson for that Town Council from among its elected members.

Amended by17/2017

(4)

The chairperson so appointed under subsection (3) assumes office on the day immediately after the applicable date mentioned in subsection (2), and holds office for such term as the Minister may determine.

Amended by17/2017

(5)

The chairperson must appoint from among the members not more than 2 vice‑chairpersons for such term, not exceeding 2 years, as the chairperson may determine.

(6)

The chairperson or a vice‑chairperson, if he or she is an elected member, holds office as chairperson or vice‑chairperson (as the case may be) only so long as he or she is an elected member and is eligible for re‑appointment.

(7)

Where all the elected members of a Town Council have vacated their seats in Parliament by reason of a dissolution of Parliament or otherwise, the appointed members must, with the approval of the Minister, forthwith appoint one of their number to act as chairperson for such term as they may determine; and where such members fail to do so, the Minister must appoint any appointed member to act as chairperson for such term as the Minister may determine.

(8)

Any chairperson appointed under subsection (7) may, with the approval of the Minister, appoint at least 6 and not more than 30 members, of whom at least two‑thirds must be residents of any housing estate of the Board within the Town.

(9)

The appointment of any chairperson under subsection (7) —

(a)

terminates upon the assumption of office of the elected member or members of the Town Council for the Town after the general election; or

(b)

may be revoked by the Minister if the Minister is satisfied that it is desirable in the public interest to do so and thereupon another chairperson must be appointed in the same manner prescribed in subsection (7).

Amended by17/2017

(10)

To avoid doubt, an individual’s appointment as an appointed member is not affected by reason only of the revocation —

(a)

by the Minister under subsection (9)(b) of the individual’s appointment to act as chairperson; or

(b)

by the chairperson under subsection (11) of the individual’s appointment to act as vice‑chairperson.

Amended by17/2017

(11)

The chairperson may at any time revoke the appointment of any vice‑chairperson without assigning any reason.

(12)

The chairperson and any vice‑chairperson of a Town Council must, as soon as practicable after their assumption of office, complete a declaration of acceptance of such office in the form prescribed by rules under section 82 and deliver the declaration to the Minister.

Amended by17/2017

(13)

Any failure to comply with subsection (12) by the chairperson or vice‑chairperson does not invalidate his or her term of office.