Singapore legislation
Clause 36
Clause 36
Provision as to appeal against mandatory order
(1)
Where a person against whom a mandatory order is made is aggrieved by the order —
he may, within 14 days from the date of the order and in the prescribed form and manner, appeal to the Minister; and
no liability to a fine under section 35(2)(a) shall arise nor, except as provided for in this section, shall any proceedings be taken or work done under the order until after the determination or abandonment of the appeal.
(2)
Where an appeal is brought under this section from a mandatory order, the Minister may dismiss or allow the appeal unconditionally or subject to such conditions as he considers fit, and any decision made by the Minister on the appeal shall be final.
(3)
Where a mandatory order is being appealed against and the Minister is of the opinion that the non-execution of the order will be injurious or dangerous to the public health and that the immediate execution of the order will not cause any injury to the person against whom the order was made which cannot be compensated by damages, the Minister may authorise the Authority immediately to execute the work.
(4)
The Authority shall, if it does the work and the appeal is successful, pay the costs and expenses of the work and the damages, if any, sustained by the appellant by reason of the work, but, if the appeal is dismissed or abandoned, the Authority may recover the costs and expenses of the work from the appellant and, if the appellant is the owner of the premises in respect of which the mandatory order was made, section 43 shall apply to any sum recoverable from him hereunder, and in any other case section 40 shall apply.