Clause 36

additional payments by way of overtime payments;

additional payments by way of bonus payments or annual wage supplements;

any sum to reimburse the employee for special expenses incurred during his employment;

productivity incentive payments; and

any allowance however described;“basic wage” means wage calculated at the basic rate of pay for one month;“prescribed date” means a date prescribed by building regulations made in relation to all registrable activity or a class of registrable activity;“progressive wage model bonus” means a discretionary amount of money payable to an employee that is in addition to all of the following paid to the employee:

any basic wage;

any overtime payment;

any sum to reimburse the employee for special expenses incurred during his employment;

any allowance however described;“registered” or “registration” means registered or registration under this Part authorising the person registered to carry on any registrable activity or a class of registrable activity specified in the registration;“registrable activity” means providing in the course of business a service of carrying out —

fixed installation works in Singapore; or

maintenance, inspection or testing of fixed installations in Singapore;“registrant” means a person who is registered.Unauthorised undertaking of registrable activity29N.—

A person commits an offence if the person carries on any registrable activity when the person —

is not authorised to do so by a registration under this Part; and

is not exempt from this section under subsection (6) or section 30 or 30A in relation to that activity.(2) The offence under subsection (1) is a strict liability offence.(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and

in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.(4) Subject to the provisions of this Act, a person who commits an offence under subsection (1) is not entitled to recover in any court any charge, fee or remuneration for any service provided by the person in the course of committing that offence.(5) For the purpose of subsection (1), a person is not regarded as registered during any period the person’s registration is suspended under section 29R.(6) To avoid doubt, nothing in this section requires any of the following individuals to be registered in order to carry out a registrable activity:

a qualified person carrying out any registrable activity in the course of engaging in professional engineering work in Singapore;

an individual who carries out any registrable activity under the direction or supervision of an individual mentioned in paragraph (a).Application for registration29O.—

An application for or to renew a registration under this Part must be made to the Building and Construction Authority in accordance with this section.(2) An application for or to renew a registration must —

be in the form and manner the Building and Construction Authority specifies;

be accompanied by an application fee, if prescribed; and

be accompanied by the prescribed information and any other additional information that the Building and Construction Authority requires to decide on the application.(3) In addition to subsection (1) —

an application for or to renew a registration that is made on or after the prescribed date for the registrable activity to which the application relates, must be accompanied by a progressive wage plan in respect of the applicant’s business undertaking that registrable activity; and

an application to renew a registration must be made no later than a prescribed period before the date of expiry of the registration, unless otherwise allowed by the Building and Construction Authority in any particular case which must then be treated as a late renewal application.(4) The Building and Construction Authority may refuse to consider an application for or to renew a registration that is incomplete or not made in accordance with this section.Registration29P.—

Registration and renewal of registration of persons to carry on a registrable activity may be granted or refused by the Building and Construction Authority —

in accordance with the procedure in this Part and the building regulations made for the purposes of this Part; and

subject to such conditions as prescribed in the building regulations made for the purposes of this Part and, in the absence of anything prescribed, any conditions the Building and Construction Authority thinks fit.(2) An applicant who is aggrieved by the decision of the Building and Construction Authority refusing to register or renew the registration of the person may, within 14 days after the person is notified of that decision, appeal to the Minister whose decision is final.(3) The Building and Construction Authority may subdivide registration under this Part into classes of registrable activity, according (and not limited) to any of the following:

the type of registrable activity;

the type of fixed installation with respect to which the registrable activity may involve.(4) Every registration under this Part is valid for a period specified in the registration, unless earlier cancelled or suspended under section 29R.Progressive wages as condition of registration29Q.—

Without limiting section 29P, the registration of a person for any class of registrable activity is subject to the following conditions:

on or after the prescribed date for that class of registrable activity, for every citizen or permanent resident of Singapore who is employed or is to be employed by the person to carry out the registrable activity in the course of the person’s business (called an employee), there must be a contract of service in writing that —

contains terms not inconsistent with the requirements in subsection (2) for the progressive wage plan in respect of that person’s business of carrying out registrable activity in the course of business;

provides for the payment to that employee a basic wage that is not less than the minimum amount specified under subsection (3) for the class of employees to which that employee belongs; and

provides for the payment to that employee a progressive wage model bonus that is not less than the minimum amount, and at the frequency, specified under subsection (3) if the employee belongs to the eligible class of employees who carry out that registrable activity specified under that subsection;

the person registered must issue to each employee mentioned in paragraph (a) that the person registered employs a pay slip containing such particulars of that employee’s basic wage and such other payment received by that employee from the person, and at such frequency, as may be prescribed.(2) Every progressive wage plan in respect of any class of registrable activity carried out in the course of business by a person registered or an applicant for registration in relation to that registrable activity must —

relate to every citizen or permanent resident of Singapore the person registered or applicant employs or proposes to employ to carry out that registrable activity in the course of business (called employees);

specify the basic wage payable to every employee in paragraph (a) that is on an increasing scale depending on seniority, responsibilities, work experience and training received in carrying out that class of registrable activities;

specify an amount as the basic wage for each class of employees in paragraph (a) that is not less than the amount specified under subsection (3)(a) for that class; and

specify that where the employee in paragraph (a) belongs to a class of employees specified as eligible for a progressive wage model bonus under subsection (3)(b), the employee will be paid a progressive wage model bonus.(3) The Commissioner of Building Control must, by order, specify —

the amount of the basic wage mentioned in subsection (1)(a)(ii) and when that amount takes effect; and

the minimum amount of the progressive wage model bonus, the frequency of payment, and the eligible class of employees for the purposes of subsection (1)(a)(iii).(4) An order under subsection (3) may specify different basic wages or minimum amounts (as the case may be) for different classes of employees, and may be varied from time to time.(5) In making an order under subsection (3), the Commissioner of Building Control must consider the recommendations by the Tripartite Cluster for Lift and Escalator Industry, if any.(6) In respect of an order made under subsection (3) —

the Commissioner of Building Control must publish every such order made in any way which the Commissioner of Building Control thinks appropriate to bring the order to the notice of persons who, in his opinion, ought to have notice of the order; but(b)a failure to publish any order in compliance with paragraph (a) does not invalidate that order.(7) A specified amount takes effect for the purposes of this Part, even though the basic wage that would have been payable to an employee under any collective agreement as defined in section 2 of the Industrial Relations Act (Cap. 136) is lower than the specified amount.(8) Where, immediately before the prescribed date for a class of registrable activity, a person is registered to carry out that registrable activity in the course of business, the Commissioner of Building Control may require the person to submit a progressive wage plan in respect of the person’s business that is in conformity with subsection (2) within a time specified by the Commissioner of Building Control.(9) In this section, “Tripartite Cluster for Lift and Escalator Industry” means the body, comprising the representatives from employers, service buyers, the trade unions of employees and the Government, which is responsible for making recommendations on progressive wages for lift and escalator maintenance personnel.Regulatory action29R.—

Subject to subsections (3), (4) and (5), the Building and Construction Authority may by order (without compensation), cancel the registration of a person if the Building and Construction Authority is satisfied that —

the person obtained the registration by fraud or misrepresentation;

the person is contravening or not complying with, or has contravened or failed to comply with —

any condition of the person’s registration;

any provision of this Act or the building regulations applicable to the person as a registrant, contravention of or non‑compliance with which is not an offence under this Act or any subsidiary legislation made under this Act; or

a direction given under subsection (2)(c), (d) or (e);

the person is convicted of an offence involving fraud or dishonesty, or an offence under this Act or any subsidiary legislation made under this Act, committed during the term of the registration;

the person is likely to go or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

the person is not carrying out registrable activity in a safe and effective manner; or

the cancellation of registration is in the public interest.(2) However, the Building and Construction Authority may, in lieu of cancelling a person’s registration under subsection (1), do (without compensation) any one or more of the following:

suspend the registration of the person for not more than 6 months;

modify any condition of the person’s registration except those in section 29Q;

direct the person to pay, within a period specified in a direction, a financial penalty of an amount the Building and Construction Authority thinks fit, being not more than $20,000, where the ground for regulatory action is subsection (1)(a), (b), (d) or (e);

direct that, for a period specified in the order, the person —

must not enter into or undertake any contract or engagement to carry out all or any registrable activity; or

may enter into or undertake any further contract or engagement to carry out any registrable activity, provided that the number of fixed installations (of the same type or different types) in relation to which registrable activity may be undertaken under the further contracts or engagements must not exceed the number specified in the order;

direct that the person —

do, or refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(b); or

ensure that any employee of the person who carries out registrable activities undergoes the training or retraining specified in the order; (f)censure the person concerned.(3) Before taking any regulatory action under subsection (1) or (2), the Building and Construction Authority must give written notice to the registrant concerned —

stating that the Building and Construction Authority intends to take regulatory action against the registrant;

specifying the type of regulatory action in subsection (1) or (2) the Building and Construction Authority proposes to take, and each instance of contravention or non-compliance (where applicable) that is the subject of the action; and

specifying the time (being not less than 14 days from the date of service of notice on the registrant) within which written representations may be made to the Building and Construction Authority with respect to the proposed regulatory action.(4) The Building and Construction Authority may, after considering any written representation under subsection (3)(c), decide to take such regulatory action in subsection (1) or (2) as it considers appropriate.(5) Where the Building and Construction Authority has made any decision under subsection (4) against any registrant, the Building and Construction Authority must serve on the registrant concerned a notice of its decision.(6) Subject to subsection (7), a decision to cancel a registration under subsection (1), or to take a regulatory action in subsection (2), which is specified in the notice given under subsection (5), takes effect from the date on which that notice is given, or on such other date as may be specified in the notice.(7) A person given a notice under subsection (5) who is aggrieved by the decision in the notice may appeal to the Minister against the decision, within the time and in the manner prescribed by building regulations; and the Minister’s decision on appeal is final.(8) A registrant who enters into or undertakes any contract or engagement to carry out any registrable activity in contravention of a direction made under subsection (2)(d) is not entitled to recover any charge, fee or remuneration under such a contract or engagement.(9) All financial penalties imposed under subsection (2) must be paid into the Consolidated Fund.”.