Singapore legislation

Clause 37

of Preservation of Monuments Bill

Clause 37

Related amendments to National Heritage Board Act

(1)

Section 6 of the National Heritage Board Act (Cap. 196A) is amended —

(a)

by deleting the word “and” at the end of paragraph (f); and

(b)

by deleting the full-stop at the end of paragraph (g) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:“(h)to perform such other functions as are conferred on the Board by any other written law.”.

(2)

Section 8 of the National Heritage Board Act is repealed and the following section substituted therefor:“Appointment of committees and delegation of powers8.—

(1)

The Board may, in its discretion, appoint such number of committees as it thinks fit consisting of its members or other persons or its members and other persons for purposes which, in the opinion of the Board, would be better regulated and managed by means of such committees.(2) The Board may, subject to such conditions or restrictions as it thinks fit, delegate to any such committee or to the Chairman, all or any of the powers and functions vested in the Board by this Act, except the power of delegation under this subsection and the power to make any subsidiary legislation under this Act; and any power or function so delegated may be exercised or performed by the committee or Chairman in the name and on behalf of the Board.(3) The Board may, subject to such conditions or restrictions as it thinks fit, delegate to any employee of the Board or to any other person all or any of the powers and functions vested in the Board by this Act, except the power of delegation under this subsection and the power to make any subsidiary legislation under this Act; and any power or function so delegated may be exercised or performed by the employee or person in the name and on behalf of the Board.(4) The Board may continue to exercise any power conferred upon it, or perform any function under this Act, notwithstanding the delegation of the power or function under this section.”.

(3)

Section 31(1) of the National Heritage Board Act (Cap. 196A) is amended —

(a)

by deleting the word “and” at the end of paragraph (d); and

(b)

by deleting the full-stop at the end of paragraph (e) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:“(f)all moneys recovered or collected by the Board or any officer or employee thereof (including sums collected for the composition of offences) under this Act or under any other written law that is administered and enforced by the Board.”.

(4)

Section 32 of the National Heritage Board Act is repealed and the following section substituted therefor:“Power to borrow32.—

(1)

For the performance of its functions or discharge of its duties under this Act or any other written law, the Board may, from time to time, raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by —

(a)

mortgage, overdraft or other means, with or without security;

(b)

charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or

(c)

the creation and issue of debentures, bonds or any other instrument as the Minister may approve.(2) For the purposes of this section, the power to raise loans shall include the power to make any financial agreement whereby credit facilities are granted to the Board for the purchase of goods, materials or things.”.

(5)

Section 46 of the National Heritage Board Act (Cap. 196A) is amended by deleting subsection (10) and substituting the following subsection:“(10) In this section —

Definition

“ancient monument” means any monument which, in the opinion of the Board, is of public interest by reason of the historic, cultural, traditional, archaeological, architectural, artistic or symbolic significance attaching to it;

Definition

“monument” means the whole or any part of, or the remains of —

(a)

any building, structure, erection, statue, sculpture or other work, whether above or below the surface of the land, and any cave or excavation;

(b)

any site comprising the remains of any such building, structure, erection, statue, sculpture or other work or of any cave or excavation; or

(c)

any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof which neither constitutes nor forms part of any work which is a monument within paragraph (a),and includes any machinery attached to or forming part of a monument which cannot be detached from the monument without being dismantled.”.

(6)

The National Heritage Board Act (Cap. 196A) is amended by inserting, immediately after section 47, the following section:“Preservation of secrecy47A.—

(1)

Without prejudice to section 18(2), except for the purpose of the performance of his functions or the discharge of his duties or when lawfully required to do so by any court or under the provisions of this Act or any written law, no person who is or has been —

(a)

a member, an officer, an employee or an agent of the Board; or

(b)

a member of a committee appointed by the Board under this Act or any written law administered by the Board,shall disclose any information relating to the affairs of the Board or of any other person which has been obtained by him in the performance of his functions or the discharge of his duties.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.”.

(7)

Section 48 of the National Heritage Board Act is amended by inserting, immediately after the words “this Act”, the words “or the Preservation of Monuments Act 2009”.