Clause 35

Any employer who —

for the purpose of defraying or partly defraying the cost of insurance in respect of his liability to pay compensation under this Act, makes any deduction from the earnings of an employee in his employment; or

fails to insure himself in accordance with section 23(1) or (2),shall be guilty of an offence and shall be liable —

in the case of an offence under paragraph (a), on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and

in the case of an offence under paragraph (b), on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.(2) Any person who —

fails to pay compensation in accordance with and within the time specified in this Act;

fails to pay the interest in accordance with section 28A(1);

makes any statement or furnishes any information to the Commissioner or an investigation officer under this Act which he knows or ought reasonably to know is false in any material particular or is misleading by reason of the omission of any material particular;

abets the commission of an offence under this Act;

wilfully obstructs or delays the Commissioner or an investigation officer in the exercise of his powers under section 30A; or

fraudulently makes any claim for compensation under this Act which he knows to be false in order to induce or deceive the employer or insurer or the Commissioner in making payment of such compensation to him or any other person,shall be guilty of an offence and shall be liable —

in the case of an offence under paragraph (a) or (b), on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both;

in the case of an offence under paragraph (c) or (e), on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both;

in the case of an offence under paragraph (d), on conviction to be punished with the punishment provided for that offence; and

in the case of an offence under paragraph (f), on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.Offences by bodies corporate, etc.36.—

Where an offence under this Act or any regulations made thereunder is committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any officer of the body corporate, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.(3) Where an offence under this Act or any regulations made thereunder is committed by a partnership of individuals or bodies corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any partner of the partnership or any officer of the body corporate, the partner or the officer of the body corporate as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.(4) Where an offence under this Act or any regulations made thereunder is committed by an unincorporated association (other than a partnership), any officer of the unincorporated association or member of its governing body and it is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any officer of the unincorporated association, or any person who was purporting to act in any such capacity, he as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.(5) In this section —“body corporate” includes a limited liability partnership which has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A);“officer” —

in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity;“partner” includes a person purporting to act as a partner.(6) Regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.When Magistrate may take cognizance of offence

The Commissioner or an Assistant Commissioner so authorised by the Commissioner may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —

one half of the amount of the maximum fine that is prescribed for the offence; or

$5,000,whichever is the lower.(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.(3) All sums collected under this section shall be paid to the Consolidated Fund.Recovery of compensation upon conviction40.—

The court before which any conviction under section 35(2)(a)(i) or (b)(i) is had may, on the application of the Commissioner, and in addition to the fine prescribed in that section, order the person convicted to pay the amount of any compensation ordered by the Commissioner or interest due.(2) The court may order that the amount ordered to be paid under subsection (1) —

be paid directly to the person to whom the compensation amount or interest is due; and

be recoverable according to the law for the time being in force relating to the recovery of fines.(3) Any amount ordered by the court under subsection (1) shall cease to be payable if the person convicted under that subsection has served a default sentence of imprisonment in relation to that amount.PART VGENERALGovernment not liable to prosecution

The Minister may, by order published in the Gazette and with or without conditions, exempt any class or description of employers from all or any of the provisions of this Act.(2) If an exemption is granted under subsection (1) with conditions, the exemption operates only if the conditions are complied with.Service of documents, etc.43.—

Subject to subsection (3), any notice or document required or authorised to be served under this Act may be served —

in the case of an individual —

by delivering it to the individual personally or any advocate and solicitor engaged by him;

by leaving it with an adult person apparently resident at, or by sending it by pre-paid registered post to, the usual or last known address of the place of residence of the individual;

by leaving it with an adult person apparently employed at, or by sending it by pre-paid registered post to, the usual or last known address of the place of business of the individual;

by affixing a copy of the notice in a conspicuous place at the usual or last known address of the place of residence or business of the individual;

by sending it by facsimile transmission to the fax transmission number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given by the individual to the Commissioner or a person authorised by the Commissioner as the facsimile transmission number for the service of documents on the individual; or

by electronic communication, by sending an electronic communication of the document to the last email address given by the individual to the Commissioner or a person authorised by the Commissioner as the email address for the service of documents on the individual;

in the case of a partnership other than a limited liability partnership —

by delivering it to any one of the partners or the secretary or other like officer of the partnership;

by leaving it at, or by sending it by pre-paid registered post to, the principal or last known place of business of the partnership in Singapore;

by sending it by facsimile transmission to the fax transmission number operated at the principal or last known place of business of the partnership in Singapore; or

by electronic communication, by sending an electronic communication of the document to the last email address given by the partnership to the Commissioner or a person authorised by the Commissioner as the email address for the service of documents on the partnership; and

in the case of any limited liability partnership or any other body corporate —

by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof;

by leaving it at, or by sending it by pre-paid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore;

by sending it by facsimile transmission to the fax transmission number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or

by electronic communication, by sending an electronic communication of the document to the last email address given by the limited liability partnership or body corporate in Singapore to the Commissioner or a person authorised by the Commissioner as the email address for the service of documents on the limited liability partnership or body corporate.(2) Where any notice or other document to be served under this Act is —

sent by a facsimile transmission to the fax transmission number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be;

sent by electronic communication to an email address in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and

sent by pre-paid registered post, it shall be deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.(3) Service of any document under this Act on a person by electronic communication may be effected only if the person gives as part of his or its address for service an email address. (4) This section shall not apply to notices and documents to be served in proceedings in court.Amendment of Schedules44.—

The Minister may, by order published in the Gazette, add to or amend any of the Schedules.(2) The Minister may, in any order made under subsection (1), make such saving or transitional provisions as may be necessary or expedient.Regulations45.—

The Minister may, from time to time, make regulations generally for the carrying out or giving effect to the purposes and provisions of this Act.(2) Without prejudice to the generality of subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:

the limitations subject to which officers appointed to exercise powers and perform duties conferred and imposed on the Commissioner may exercise and perform such powers and duties;

the intervals at which and conditions subject to which an employee may be required to submit himself for examination by a medical practitioner under this Act;

the manner in which money held for the benefit of dependants of a deceased employee may be invested;

the procedure in respect of any proceedings or any matter or thing to be done under this Act;

the forms to be submitted and the fees to be paid in respect of any matter or thing done or document issued under this Act;

provide for the transfer outside Singapore of money in the hands of the Commissioner or for the receipt and administration by the Commissioner of any money from outside Singapore applicable for the benefit of any person;

provide for the establishment, maintenance and application of the Workers’ Fund;

provide for the representation in proceedings before the Commissioner of parties who are subject to legal disability or are mentally incapacitated or are unable for other reasons to appear personally;

provide for the procedure to be followed when a medical practitioner who has examined an employee certifies that medical treatment in an approved hospital is necessary under section 14 and the procedure for the payment of cost of medical treatment;

provide for the establishment of medical boards and panels to determine matters relating to medical evidence;

provide for the prohibition of conditions and exceptions in policies of insurance issued or renewed, and for certificates of insurance to be issued and displayed, for the purposes of section 23;

provide for any matter relating to the calculation of earnings for the purposes of section 8;

the rate of interest on any compensation amount not paid for the purpose of section 28A(1);

the period within which any compensation has to be paid by any person liable to pay the compensation under this Act;

any matter and condition which relates to the provision of insurance, the appointment of insurers and the imposition of any duties on insurers for the purpose of this Act;

any other matter as may be necessary or expedient to be prescribed for carrying out the provisions of this Act.(3) The regulations made under this section may prescribe offences in respect of the contravention of any specified provision thereof, and may prescribe that fines not exceeding $10,000 or imprisonment for a term not exceeding 6 months or both, on conviction, be imposed in respect of any such offence.”.