Clause 1
Short title and commencement
This Act may be cited as the Financial Procedure Act, 1966, and shall be deemed to have come into operation on the 9th day of August, 1965.
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Financial Procedure Bill is Singapore Bill, cited as Bill 13 1966, currently marked not in force and first recorded in 1966.
Part I
Short title and commencement
This Act may be cited as the Financial Procedure Act, 1966, and shall be deemed to have come into operation on the 9th day of August, 1965.
Interpretation
In this Act, unless the context otherwise requires —“accounting officer” includes every public officer who is charged with the duty of collecting, receiving, or accounting for, or who in fact collects, receives or accounts for, any public moneys, or who is charged with the duty of disbursing, or who does in fact disburse, any public moneys, and every public officer who is charged with the receipt, custody or disposal of, or the accounting for, public stores or who in fact receives, holds or disposes of public stores;“Consolidated Fund” means the Consolidated Fund constituted by Article 83 of the Constitution;“financial year” means a period of twelve months ending on the 31st day of December in any year;“public moneys” means all revenue, loan, trust and other moneys and all bonds, debentures, and other securities whatsoever raised or received by or on account of Singapore;“public stores” means chattels which are the property of or in the possession of or under the control of Singapore;“statutory expenditure” has the same meaning as in clause (4) of Article 85 of the Constitution;“Treasury” means the Minister charged with the responsibility for finance and includes any officer under the administrative control or direction of the Minister.
“accounting officer” includes every public officer who is charged with the duty of collecting, receiving, or accounting for, or who in fact collects, receives or accounts for, any public moneys, or who is charged with the duty of disbursing, or who does in fact disburse, any public moneys, and every public officer who is charged with the receipt, custody or disposal of, or the accounting for, public stores or who in fact receives, holds or disposes of public stores;
“Consolidated Fund” means the Consolidated Fund constituted by Article 83 of the Constitution;
“financial year” means a period of twelve months ending on the 31st day of December in any year;
“public moneys” means all revenue, loan, trust and other moneys and all bonds, debentures, and other securities whatsoever raised or received by or on account of Singapore;
“public stores” means chattels which are the property of or in the possession of or under the control of Singapore;
“statutory expenditure” has the same meaning as in clause (4) of Article 85 of the Constitution;
“Treasury” means the Minister charged with the responsibility for finance and includes any officer under the administrative control or direction of the Minister.
Part V
Transitional provisions
All warrants authorising the expenditure of moneys not exceeding the sums appropriated under the relative head of the estimates by the Supply Ordinance, 1964 (Ord. 11 of 1964), shall be deemed to have been issued in accordance with the provisions of this Act.
Any warrant authorising the expenditure of moneys exceeding the sum appropriated under the relative head of the estimates by the Supply Ordinance, 1964, shall remain in force until the necessary supplementary estimates have been voted upon by Parliament in pursuance of clause (2) of Article 85 of the Constitution or of any other law, and shall thereupon be replaced by a warrant issued in accordance with the provisions of this Act.
Validation
For the avoidance of doubt, it is hereby declared that the sum of forty-two million five hundred and twenty-two thousand and nineteen dollars and of six hundred and fifty thousand dollars approved by resolutions of the Legislative Assembly on the 10th day of December 1959, and 11th day of May 1960, respectively, shall be deemed to have been approved by a resolution of Parliament under section 9 on the date of the coming into operation of this Act.
Repeal
The Financial Procedure Ordinance, 1957 (M. Ord. 62 of 1957), shall cease to apply to Singapore.
Duties of accounting officers
Every accounting officer shall be subject to the provisions of this Act and any regulations made thereunder and shall perform such duties, keep such books and render such accounts as may be prescribed by or under this Act or by instructions issued by the Treasury in matters of financial and accounting procedure not inconsistent therewith.
Bank accounts
No accounting officer shall open any public or official account in respect of public moneys of Singapore in any bank without the authority in writing of the Minister, and no bank shall permit an overdraft on any public or official account in respect of public moneys of Singapore unless the same be authorised by the Minister or under the authority of any written law.
Powers of the Minister
The Minister shall, subject to the provisions of the Constitution and of this Act, have the management of the Consolidated Fund and the supervision, control and direction of all matters relating to the financial affairs of Singapore which are not assigned to any other Minister by any other law.
The Consolidated Fund accounts
There shall be maintained by the Treasury in respect of the Consolidated Fund two separate accounts —
an account to be called the Consolidated Revenue Account in which account shall be kept of all moneys in the Fund other than such moneys as are mentioned in paragraph (b);
an account to be called the Consolidated Loan Account in which account shall be kept of all moneys received by way of loan upon the public credit of Singapore.
Custody and investment of public moneys
All public moneys shall be kept with such bank or banks as the Minister shall from time to time direct.
All such moneys paid into a bank shall be deemed to be the property of Singapore lent by Singapore to the bank.
Moneys standing to the credit of Singapore with any bank, or otherwise held by Singapore may be invested by the Minister —
on deposit in any bank;
in any of the stocks, funds or securities authorised for the time being in the United Kingdom for the investment of trust funds;
in any joint fund maintained by the Crown Agents for such investment;
in securities of, or guaranteed by, any Government or international financial institution as may be determined by the President; or
as otherwise authorised by law or by a resolution of Parliament,and such investments together with any interest received therefrom shall form either —
part of the Consolidated Fund;
part of any fund created by any law; or
part of any deposit account constituted under the provisions of section 8,as the case may be.
Interest received from the investment of any moneys in accordance with the provisions of subsection (3) shall be accounted in the Consolidated Revenue Account except where —
it is provided in any law or under the terms of any trust, the interest received from the investment of any moneys standing to the credit of any trust account shall be paid to the credit of such trust account; or
the Minister otherwise directs, the interest received from the investment of any moneys standing to the credit of any trust account shall be paid to the credit of such trust account.
The investments specified in the Schedule to this Act shall be authorised for the purposes of paragraph (e) of subsection (3).
Parliament may from time to time by resolution amend, delete from or add to the Schedule.
Deposit Accounts
The Minister shall establish such deposit accounts as may be necessary for the proper accounting of moneys received subject to a trust.
The following moneys shall be paid to the credit of the deposit account to which they relate: —
all moneys deposited with any accounting officer, not being revenues of Singapore;
all moneys received from the sale to any person or department of any articles purchased or produced, or for work paid for, with moneys standing to the credit of a deposit account; and
all moneys paid by any person for the purpose of any deposit account.
Subject to the provisions of any law and the terms of any trust, the Minister shall in respect of any such deposit account or class of deposit accounts specify the persons by whom and the manner in which such account or class of accounts shall be controlled.
Subject to the provisions of any law and the terms of any trust, the Minister may direct that any deposit account shall be closed and thereupon after all liabilities of the account have been met the account shall be closed accordingly.
Subject to the provisions of any law and the terms of any trust, the Minister may direct that any moneys standing to the credit of any deposit account which are not required for the purposes of that account and the balance of moneys standing to the credit of a deposit account closed under subsection (4) shall be paid into the Consolidated Revenue Account.
Advance accounts
The Minister shall establish such advance accounts as may be necessary for the proper accounting of moneys approved by resolution of Parliament to be paid out of the Consolidated Fund for the purpose of making advances.
Government funds
There shall be paid into any Government fund created by any law —
such sums as may from time to time be appropriated for the purposes of any such fund, either out of the Consolidated Revenue Account or out of the Consolidated Loan Account, as the case may be;
revenues of Singapore allocated thereto;
all repayments of loans made out of any such fund and all interest thereon;
all moneys received from the sale to any person or department of any articles purchased or produced, or for work paid for, with moneys standing to the credit of any such fund; and
all moneys paid by any person for the purpose of any such fund.
Contingencies Fund
A Contingencies Fund is hereby created consisting of moneys from time to time appropriated thereto from the Consolidated Fund.
The Minister may, if he is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists and for which funds cannot be provided under the provisions of subsection (4) of section 17, make advances from the Contingencies Fund to meet that need.
Payment of moneys from the Consolidated Fund
No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by this section.
The Minister shall by warrant under his hand authorise the issue from the Consolidated Fund of sums to meet the due cost of any service charged upon the Consolidatd Fund, and such sums shall be accounted in the Consolidated Revenue Account:Provided that the provisions of this subsection shall not apply to sums issued from the Consolidated Fund to meet the cost of any service charged upon the Consolidated Fund —
authorised by law to be met from moneys accounted in the Consolidated Loan Account; and
withdrawn from the Consolidated Fund in accordance with the provisions of subsection (4).
The Minister may by warrant under his hand authorise the issue from the Consolidated Fund of sums to meet expenditure —
appropriated by a Supply Act or any other law;
approved by a resolution of Parliament, in accordance with the provisions of clause (2) of Article 85 of the Constitution; or
approved by a resolution of Parliament in accordance with the provisions of clause (4) of Article 86 of the Constitution:Provided that the aggregate of such sums under each head of expenditure shall not exceed the total sum so approved in respect of such head.
Payment of moneys from Government funds
Unless it is expressly provided to the contrary in any law creating any fund, the Minister may by warrant under his hand authorise the issue from any such fund of sums sanctioned for expenditure therefrom by inclusion in estimates laid before Parliament and approved by resolution thereof.
Payment of moneys from deposit accounts
The Minister or any person specified under the provisions of subsection (3) of section 8 in respect of any deposit account or class of deposit accounts may withdraw moneys accounted therein for the purposes of such account.
Guarantees
No guarantee involving a financial liability shall be binding upon Singapore, unless entered into with the written authority of the Minister or in accordance with law.
Refunds, etc. charged on Consolidated Fund
Where any law provides for the payment of any refund, rebate or drawback in respect of any money paid into the Consolidated Fund under the authority of any law, and accounted in the Consolidated Revenue Account, the amount of such refund, rebate or drawback shall be charged on the Consolidated Fund.
Estimates and virement
The estimates of expenditure laid before Parliament in accordance with the provisions of clause (1) of Article 84 of the Constitution in respect of any financial year shall show subheads under each head of expenditure.
The first subhead under each head of expenditure in the estimates shall show the public offices included in the permanent establishment in that head and the personal emoluments estimated to be paid in respect of them.
Except in accordance with law, no addition to the public offices provided under any head of estimates may be made, nor may the appropriation of the established salaries under any head be altered, either as regards the number of appointments, or the rates of personal emoluments, unless the Minister shall first have authorised such addition, or such alteration in the appropriation of established salaries, by the issue of a warrant under his hand.
If the exigencies of the public service render it necessary to alter the proportions assigned to the subheads under a head of expenditure shown in the estimates referred to in subsection (1) or to create a new subhead, the Minister may by warrant under his hand authorise the transfer of a further sum out of any surplus arising on any other subhead of the same head, in aid of any subhead which may be deficient, or any new subhead which may be deficient, or any new subhead.
Yearly statement of accounts
The Minister shall for the purpose of section 9 of the Audit Act, 1966 (Act of 1966), as soon as practicable after the end of every financial year prepare in respect of that year —
a full and particular statement of the Consolidated Revenue Account showing under the heads and subheads of the estimates laid before Parliament in accordance with the provisions of Article 84 of the Constitution in respect of that year the amounts estimated to be received and spent in that year and the amounts actually received and spent together with amounts actually received and spent under any heads and subheads not included in the estimates so laid;
a full and particular statement of the Consolidated Loan Account showing receipts and expenditure of any loan moneys;
a statement of receipts and expenditure of moneys accounted in any deposit account or class of deposit accounts;
a statement of receipts and expenditure of moneys accounted in any advance account or class of advance accounts;
a statement of receipts and expenditure of moneys accounted in any Government fund created by any law;
so far as is practicable, a statement of the assets and liabilities of Singapore at the end of the financial year, the manner in which those assets are invested or held, and the general heads in respect of which those liabilities are outstanding; and
such other statements as the Minister may think fit.
Write-off
The Minister shall in respect of public moneys and public stores have power —
to write-off losses or deficiencies of public moneys and the value of lost, deficient, condemned, unserviceable or obsolete public stores; and
to abandon any claim to irrecoverable amounts of revenue, debts and overpayments.
Surcharge
If it appears to the Minister, that any person who is or was in the employment of the Government —
has failed to collect any moneys owing to the Government for the collection of which he is or was responsible;
is or was responsible for any improper payment of public moneys or moneys administered by the Government or for any payment of such moneys which is not duly vouched; or
is or was responsible for any deficiency in, or for the destruction of, any public moneys, or moneys administered by the Government, stamps, securities, public stores, or other property of the Government,and if a satisfactory explanation is not, within a period specified by the Minister, furnished to the Minister, with regard to such failure to collect, improper payment, payment not duly vouched, deficiency or destruction, the Minister may refer the matter to the appropriate Service Commission and the Service Commission may, after such inquiry as it thinks fit, may surcharge against the said person the whole or such proportion of any such amount not collected, payment, deficiency, or loss or the original value of the property destroyed, as the case may be.
In this section and sections 21 and 22, “the appropriate Service Commission” means the Public Service Commission or the Legal Service Commission.
Notification of surcharge
The Secretary of the appropriate Service Commission shall cause the head of the department of the person surcharged to be notified of any surcharge made under section 20 and such head of department shall thereupon notify the person surcharged.
Withdrawal of surcharge
The appropriate Service Commission may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Secretary of the appropriate Service Commission shall at once cause the head of department to be notified of such withdrawal.
Recovery of surcharge
The amount of any surcharge made under section 20 and not withdrawn under section 22 shall be a debt due to the Government from the person against whom the surcharge is made and may be sued for and recovered in any court of competent jurisdiction at the suit of the Government and the Minister may direct that the amount of any surcharge shall be recovered by equal monthly instalments by deductions from the salary or pension of such officer in amounts not exceeding one-fourth of the total monthly salary or pension, as the case may be, of such officer.
Regulations
The Minister may make regulations to be called Financial Regulations, not inconsistent with the provisions of this Act, for carrying out the provisions of this Act and without prejudice to the generality of this provision such regulations may provide for —
the collection, receipt, custody, issue, expenditure, due accounting for, care and management of all public moneys and the guidance of all persons concerned therein;
the more effectual record, examination, inspection and departmental check of all receipts and expenditure and the keeping of all necessary books and accounts;
the forms for all books and documents whatever required under the provisions of this Act or the regulations made thereunder;
the purchase, safe custody, issue, sale or other disposal or writing-off of public stores and other property of Singapore, and the proper accounting for, and stocktaking of, such stores and property;
the preparation of estimates of revenue and expenditure;
the authorisation of rates of payment of public funds for specific purposes where such rates of payment are not provided by law; and
the making of advances to public officers and other persons and the rates and limits of such advances and the rates of interest thereon.
All such regulations shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.
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