Clause 4

by deleting subsection (3) and substituting the following subsections:“(3) The Board is entitled to recover on behalf of the Government the whole or part of the amount of any cash grant or payment paid into the Fund under subsection (1) or (1A), as the case may be, for the benefit of any person, together with any interest which the person is liable to pay to the Government under the terms of the cash grant or payment, from any money standing to the credit of that person in the Fund if, before, on or after the date of commencement of section 4 of the Central Provident Fund (Amendment No. 2) Act 2016 —

the person has obtained the cash grant or payment by means of any false or misleading statement or any document that is false or misleading in any particular;

the person has committed a breach of any of the terms and conditions of the cash grant or payment; or

the person is eligible to receive another cash grant or payment, or a cash grant or payment of a different amount, in place of the cash grant or payment to be recovered.(3A) The Board is entitled to recover on behalf of the Government the whole or part of the amount of any cash grant or payment paid into the Fund under subsection (1) or (1A), as the case may be, for the benefit of any person, from any money standing to the credit of that person in the Fund before, on or after the expiry of the prescribed period mentioned in paragraph (b) if —

the whole or part of the cash grant or payment is paid in error into the person’s account in the Fund before, on or after the date of commencement of section 4 of the Central Provident Fund (Amendment No. 2) Act 2016; and

before the expiry of the prescribed period beginning on the date on which the cash grant or payment was paid into the person’s account in the Fund in error —

the Board issues a notice of intent to recover that amount, whether or not received by the person; or

the Government, in such manner as the Board may require, requests the Board to recover that amount.(3B) Where the Board has, before the date of commencement of section 4 of the Central Provident Fund (Amendment No. 2) Act 2016, recovered any of the following amounts, the recovered amounts are taken to be and always to have been validly recovered and no legal proceedings lie or may be instituted or maintained in any court of law in respect of any such recovery:

the whole or part of the amount of any cash grant or payment paid in error into a person’s account in the Fund;

any interest on any cash grant or payment mentioned in paragraph (a).(3C) Where the Board has recovered any amount from a person’s account in the Fund under subsection (3) or (3A), the Board may transfer, from the person’s account in the Fund to the general moneys of the Fund, the whole or such part, as the Board may determine, of any interest paid on the recovered amount while the recovered amount was in the person’s account in the Fund.(3D) Any interest transferred to the general moneys of the Fund before the date of commencement of section 4 of the Central Provident Fund (Amendment No. 2) Act 2016, which if transferred on or after that date would be permitted under subsection (3C), is taken to be and always to have been validly transferred, and no legal proceedings lie or may be instituted or maintained in any court of law in respect of any such transfer.”; and

by inserting, immediately after subsection (4), the following subsections:“(4A) Despite sections 20(1)(b) and (1A) and 25 —

the Board may recover or transfer, as the case may be, any amount from a person’s account in the Fund under this section even after the person’s death; and

where, before the date of commencement of section 4 of the Central Provident Fund (Amendment No. 2) Act 2016, the Board had recovered or transferred, as the case may be, any amount from a person’s account in the Fund after the person’s death, which if recovered or transferred on or after that date would be permitted under this section, the amount is taken to be and always to have been validly recovered or transferred, and no legal proceedings lie or may be instituted or maintained in any court of law on account of or in respect of any such recovery or transfer.(4B) Subsections (3) to (3D) and (4A) apply despite any other provisions of this Act, but are without prejudice to any other right of action or remedy which the Board or the Government may have under any written law or rule of law.”.