Mass Rapid Transit Corporation Bill

In this Act, unless the context otherwise requires —

“Chairman” means the Chairman of the Corporation;

“claim” means a claim for compensation under section 34;

“claimant” means a person who has made a claim for compensation;

“Compensation Board” means the Railway Compensation Board established under section 39;

“Competent Authority” means the competent authority appointed under section 3 of the Planning Act (Cap. 279);

“Corporation” means the Mass Rapid Transit Corporation established under section 3;

“Deputy Chairman” means the Deputy Chairman of the Corporation;

“land” includes and may, where the context so requires, have any one or more of the following meanings separately: (a)land of any tenure and so much of the airspace above the surface as may be reasonably used or enjoyed by any owner thereof, and all substances under the surface, whether or not held apart from the surface;

“Mass Rapid Transit System” means the rail-based transport system or any part thereof intended to be set up to meet the transport requirements of the public;

“member” means a member of the Corporation and includes the Chairman and the Deputy Chairman;

“mortgage” means a mortgage or charge registered under the Land Titles Act (Cap. 276) or the Registration of Deeds Act (Cap. 281);

“President” means the President of the Railway Compensation Board appointed under section 39;

“Provisional Authority” means the Provisional Mass Rapid Transit Authority established under section 3 of the Provisional Mass Rapid Transit Authority Act 1980 (Act 18 of 1980);

“railway” means the railway, tunnels, viaducts, bridges, crossings, stabling yards, depots, stations and other infrastructures intended to be constructed for the Mass Rapid Transit System and any extensions thereto;

“railway area” means the land delineated as such in plans and maps prepared pursuant to subsection (1) or (3) of section 24;

“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act;

“Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act.

In this Act, references to constructing the Mass Rapid Transit System shall be construed as references to undertaking every stage of the process beginning with its design and ending when it is brought into operation.

The rights to compensation referred to in section 33 are the rights to claim from the Corporation for the items of loss, damage or cost set out in the first column of Part I of the Schedule a sum assessed on the basis specified opposite thereto in the second column thereof and with regard to the provisions of Part II of the Schedule, subject to —

Every person who is described in the third column of Part I of the Schedule shall have the right to claim compensation for the item of loss, damage or cost set out opposite thereto in the first column to the extent of the loss, damage or cost suffered or incurred by him as assessed pursuant to this Act.

Subject to this section, if a claim for an item of loss, damage or cost is not served on the Corporation before the expiration of the period specified in the fourth column of Part I of the Schedule in respect of that item, the right to claim compensation therefor shall be barred.

The period referred to in subsection (1) may, upon application made to the Compensation Board either before or after expiry of that period, be extended in accordance with this section.

Notice of an application under subsection (2) shall be given to the Corporation by the applicant.

The Compensation Board may extend the period within which a claim must be served upon the Corporation if it considers that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than the relevant provision in the fourth column of Part I of the Schedule) or by any other reasonable cause or that the Corporation is not materially prejudiced in the conduct of its case or otherwise by the delay.

An extension may be granted by the Compensation Board under subsection (4), with or without conditions for such period as it thinks fit but not in any case exceeding six years from the time when the right to compensation first arose.

Any person who claims to be entitled to compensation under this Act shall serve upon the Corporation a written claim setting out such of the following particulars as are applicable to his claim:

The Corporation shall in writing acknowledge receipt and the date of receipt of every claim served on it under subsection (1).

If a claimant amends his claim before proceedings are commenced with the Compensation Board and the Corporation considers the amendment to be substantial, the Corporation may, within fourteen days of the receipt of the amended claim, notify the claimant that it elects to treat the claim, for the purposes of this section, as if it were a new claim served under subsection (1) on the date on which the amendment was received by the Corporation, and this section shall apply accordingly.

The Corporation may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim or any item thereof and if any such particulars are not furnished to the Corporation within a period of twenty-eight days from the date of the notice, or within such further period as the Corporation may in writing allow, the claim or the item thereof concerning which the particulars are requested shall be deemed to be rejected and subsection (5) shall not apply thereto.

The Corporation shall within three months of the service of a claim on it, or if it has requested further particulars under subsection (4) within three months of the day on which they are furnished in accordance with that subsection, notify the claimant in writing that it —

Where the Corporation has rejected a claim or any part thereof under subsection (5) or where a claim or any part thereof is deemed to have been rejected under subsection (4), the Corporation may —

The Corporation may commence proceedings with the Compensation Board to have the claim or any part thereof heard and determined in accordance with this Act where any offer under subsection (6)(a) is refused by the claimant.

If at the expiration of four months from the receipt of a claim by the Corporation it has not been settled by agreement, either the claimant or the Corporation may commence proceedings with the Compensation Board to have the claim, or so much thereof as is still then in dispute, heard and determined by it in accordance with this Act.

In any case where the claimant has failed to supply further particulars required by the Corporation in accordance with subsection (4), the Compensation Board may on the hearing of the claim consider the merits of the Corporation’s request for further particulars, and the claimant’s failure to supply them and may, if it thinks fit —

At any time after proceedings have been commenced with the Compensation Board but before compensation is finally assessed, the Corporation may make an offer in writing of the kind described in subsection (6)(a) of section 36 or the claimant may by notice to the Corporation offer a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of his claim or any rejected part thereof.

Where an offer made by the Corporation pursuant to subsection (6)(a) of section 36 or by the Corporation or the claimant pursuant to subsection (1) is not accepted by the other party, no part of the contents thereof which relates to any part of a claim before the Compensation Board shall be disclosed to that Compensation Board until the amount of compensation for that part is assessed by it but a copy of the offer enclosed in a sealed envelope may be lodged with the President and opened by him after the Compensation Board has made its assessment.

Where the Corporation has made any offer pursuant to subsection (6)(a) of section 36 which is refused by the claimant or either party has made any offer pursuant to subsection (1) which is refused by the other and the compensation including costs (if any) assessed by the Compensation Board does not exceed the amount of compensation including costs (if any) comprised in the offer, the Compensation Board shall, unless for special reasons it thinks it proper not to do so, order the party who refused the offer to bear his own costs and to pay the costs of the other party in so far as the costs of either party are incurred after the making of the offer.

The Corporation shall have the power to do anything for the purpose of discharging its functions under this Act or which is incidental or conducive to the discharge of those functions.

Without prejudice to the generality of subsection (1), the Corporation may for the purpose referred to therein —

The Corporation shall seek the approval of the Minister prior to implementing or changing the fares for the Mass Rapid Transit System.

Any land held by the Corporation may be improved, developed and altered by it in such manner and to such extent as the law would allow if the land were held by a natural person in the same interest and the Corporation shall not be required to show that such improvement, development or alteration is itself undertaken for the discharge of its functions under this Act.

The Minister may from time to time give to the Corporation in writing such general or special directions as he thinks fit as to the performance of the functions and the exercise of the powers of the Corporation.

The Corporation shall, in the exercise of its functions and powers, give effect to any directions given to it under subsection (1).

The Corporation shall consist of —

The Chairman, Deputy Chairman and members shall be appointed by the Minister and shall hold office for such terms as the Minister may specify in their appointments, being not longer than three years.

The Chairman, Deputy Chairman and members may be re-appointed on completion of their terms of office.

Any member may at any time by notice in writing to the Minister resign his office.

The Minister may at any time revoke the appointment of any member without assigning any reason therefor.

The Corporation shall pay to the Chairman, Deputy Chairman and members such salaries, fees and allowances as the Minister may from time to time determine.

At all meetings of the Corporation three members shall form a quorum.

The Chairman shall preside at all meetings of the Corporation at which he is present and in his absence the Deputy Chairman or, if the Deputy Chairman is also absent, such member as the members present may elect shall preside.

Meetings of the Corporation shall be held at such times and places as the Corporation may think fit.

All questions arising at any meeting shall be decided by a majority of the votes of the members present and voting.

At any meeting of the Corporation the Chairman, Deputy Chairman or member presiding shall have a deliberative vote and, in the case of an equality of votes, he shall also have a casting vote.

The validity of any proceedings of the Corporation shall not be affected by any vacancy amongst its members or by any defect in the appointment of any member.

Subject to the provisions of this Act the Corporation may regulate its own proceedings.

The Corporation may, from time to time, in respect of a specified matter or class of matters, by writing delegate any of its powers to a member, officer, committee or agent of the Corporation.

Every member, officer, committee or agent purporting to act pursuant to a delegation under subsection (1) shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

A delegation under subsection (1) shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Corporation.

The Corporation may from time to time appoint or alter the composition of committees, consisting of one or more persons (whether members of the Corporation or not), and define and vary the terms of reference of those committees.

Subject to this Act and any rules made thereunder and to the control of the Corporation, each committee appointed under this section may regulate its procedure in such manner as it thinks fit.

The Corporation shall, after consultation with the Public Service Commission and with the approval of the Minister, appoint a chief executive officer on such terms and conditions as the Corporation may determine.

The chief executive officer shall be known by such designation as the Corporation may determine and shall —

The Corporation may appoint such other employees as it thinks fit and determine all matters relating to their remuneration and terms and conditions of appointment or employment.

The Corporation may engage the services of technical and professional advisers in such manner and on such terms and conditions as it thinks fit.

The Corporation may make rules, not inconsistent with this Act, regulating the work and conduct of its employees.

The Corporation may, with the approval of the Minister, make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Corporation as it may determine, or to their legal personal representatives or dependants, on the death or retirement of such employees from the service of the Corporation, or on their otherwise leaving the service of the Corporation.

The following provisions shall apply to any scheme established under subsection (1):

Where any person in the service of the Corporation, who does not come within the scope and effect of any pension or other schemes established under this section, retires or dies in the service of the Corporation or is discharged from such service, the Corporation may grant to him or to such other person or persons wholly or partly dependent on him; as the Corporation may think fit, such allowance or gratuity as the Corporation may determine.

The Corporation may, in exercise of its powers under section 5, provide living accommodation for the occupation and use of employees and advisers of the Corporation at such rent and on such terms and conditions as it may determine.

The Corporation may make and execute all such documents as may be expedient for or conducive to the attainment of its purposes or of any purpose reasonably incidental to or consequential upon those purposes.

Subject to this Act, a document to be made by the Corporation shall be deemed to be duly executed —

Any document purporting to be executed in accordance with subsection (2) shall, unless the contrary is proved, be deemed to have been duly executed.

Subject to this Act, a document executed by the Corporation in accordance with subsection (2)(b) shall not be ineffectual in law by reason only of the fact that, apart from this subsection, it would be required by law to be executed under seal.

All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Corporation affixed to any document and shall presume that it was duly affixed.

For the purpose of enabling the Corporation to carry out its function of constructing and equipping the Mass Rapid Transit System, the Minister for Finance shall, from time to time, provide funds, subject to such conditions as he may impose, to the Corporation out of moneys provided by Parliament.

The Corporation may, from time to time and with the approval of the Minister for Finance, borrow or otherwise raise money in any currency from banks and other financial institutions in Singapore or elsewhere for the purpose referred to in subsection (1) and on such terms and conditions as it thinks fit.

The repayment of money borrowed or raised by the Corporation for the purpose referred to in subsection (1), and interest, premium and other charges thereon and costs and fees incurred for the purpose of borrowing or raising such money shall be met out of funds provided to the Corporation by the Minister for Finance.

Nothing in this section shall be construed to restrict the power of the Corporation to borrow or raise or secure the repayment of money for purposes other than the purpose referred to in subsection (1).

It shall be the duty of the Corporation to ensure as far as possible that, taking one year with another, its revenue is at least sufficient to meet its operating expenses.

In this section, “operating expenses” shall not include —

Any excess of revenue over operating expenses in any financial year may be applied by the Corporation to the creation of a general reserve and such other reserves as the Corporation may determine.

The Corporation may expend the sums credited to reserves created under subsection (1) in any way it thinks fit and consistent with this Act.

The Corporation shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its funds are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Corporation and over the expenditure incurred by the Corporation.

The Corporation shall, as soon as practicable after the close of each financial year, prepare and submit financial statements in respect of that year to the auditor who shall audit and report on them.

The accounts of the Corporation shall be audited by the Auditor-General or by an auditor appointed annually by the Minister in consultation with the Auditor-General.

A person shall not be qualified for appointment as an auditor under subsection (1) unless he is an approved company auditor under the Companies Act (Cap. 185).

The auditor shall be paid out of the funds of the Corporation.

The auditor or any person authorised by him shall be entitled at all reasonable times to full and free access to all accounting and other records relating directly or indirectly to the financial transactions of the Corporation.

The auditor shall in his report state —

The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Corporation and shall also submit such periodical and special reports to the Minister and to the Corporation as may appear to him to be necessary or as the Minister or the Corporation may require.

The Corporation shall, as soon as the accounts of the Corporation and the financial statements have been audited in accordance with the provisions of this Act, submit to the Minister a copy of the audited financial statements, signed by the Chairman, together with a copy of the auditor’s report.

The Minister shall as soon as practicable cause a copy of the audited financial statements and of the auditor’s report referred to in subsection (1) to be presented to Parliament.

Where the accounts of the Corporation are not audited by the Auditor-General, the auditor shall forward a copy of the audited financial statements and the report made by him to the Auditor-General at the same time when they are submitted to the Corporation.

The Corporation shall, with the approval of the Competent Authority, cause plans and maps to be prepared in such detail and with such markings and endorsements thereon as are sufficient to delineate the railway area, being that area within which land may be acquired or rights in, under or over land may be exercised by the Corporation pursuant to this Act for the purposes of and incidental to the railway.

A copy of every plan and map prepared for the purposes of subsection (1) and signed by an authorised officer of the Corporation shall be —

Any plan or map prepared for the purposes of subsection (1) and any marking or endorsement on any such plan or map may be amended and any plan or map may be replaced by a substitute plan or map but the Corporation shall as soon as possible cause to be likewise amended, or replaced with the substitute plan or map, every copy referred to in subsection (2) and certify the amendment or substitution in such manner as the Corporation thinks sufficient.

The Corporation shall, within twenty-one days of the deposit of a copy of a plan or map with the Competent Authority or of any amendment to such copy or the deposit of a substitute plan or map, cause a notice of such deposit or amendment to be published in the Gazette containing —

No person shall have a right of objection to the delineation of land in any plan or map prepared for the purposes of subsection (1) or to any amendment thereto or substitute plan or map prepared under subsection (3) and the fact that land is therein delineated as being within the railway area shall for all purposes be conclusive evidence that it may be required to be acquired or that rights in, under or over it may need to be exercised by the Corporation for the purposes of and incidental to the railway.

The Corporation or any person authorised by the Corporation shall have the right to enter upon and take possession of any land or part thereof not being State land within or adjoining the railway area not being land belonging to or acquired by the Corporation and lay and construct the railway in, under or over the land and do all things as are reasonably necessary for the purpose of laying and construction of the railway.

The Corporation or a person authorised by the Corporation shall not exercise the right conferred by subsection (1) unless the Corporation has given not less than two months’ notice of its intention to exercise the right conferred upon that subsection to the occupier of the land and every person having any estate, right, share or interest in the land.

Notice under subsection (2) may be given to and shall be deemed to have been received by an occupier if a written notice is affixed to a conspicuous part of the land to be entered.

A notice referred to in subsection (2) shall —

The ownership of anything shall not be altered by reason only that it is placed in, under, over or affixed to any land in exercise of a right conferred upon the Corporation by this section.

In this section, a reference to entry on land includes the digging or boring of a tunnel under the land and the erection of any structure over or under the land.

The Corporation, or any person acting under the authority of the Corporation, may enter any land or building situate wholly or partly within the railway area or wholly or partly within one hundred and fifty metres thereof in order to carry out —

No person shall, for the purposes of subsection (1), enter any land or building which is occupied without giving to the owner and the occupier at least seven days’ notice of his intention so to do unless —

A notice of entry referred to in subsection (2) —

In subsection (1) “work of a preventive or remedial nature” means the underpinning or strengthening of any land or building and other work thereon intended to render it reasonably safe or to repair or detect damage caused in the course of the construction or operation of the railway.

The decision of the Corporation that any work is of a preventive or remedial nature or that such work or any inspection or survey is reasonably necessary shall be final.

The Corporation, or any person acting under the authority of the Corporation, may as the occasion requires enter and re-inspect and re-survey any land or building in respect of which any of the powers contained in subsection (1) have been exercised and may in relation to that land or building exercise such powers as often as the occasion may require.

Any person authorised under this section to enter upon any land or building shall, if so required by the owner or occupier, produce evidence of his authority before so entering it.

Any person who unlawfully obstructs an agent or employee of the Corporation at any time in the exercise of his authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars.

The Corporation may serve notice on the owner or supplier of any gas, electricity, water, telecommunication, sewerage or drainage services to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post, structure or other apparatus which belongs to or is maintained by that owner or supplier and to repair any street surface thereby disturbed if in the opinion of the Corporation such alteration is required for the purposes of the construction, operation, maintenance or improvement of the railway.

A notice under subsection (1) shall —

The Corporation may give notice to the owner of any land or building in the railway area requiring him to remove any object or structure described in the notice which is erected on or attached to, or projects from, the land or building if in the opinion of the Corporation the removal of the object or structure is required for the purposes of the construction of the railway.

A notice under subsection (1) may be given to the owner of any land or building and shall be deemed to have been received by him if it is affixed to some conspicuous part of the land or building to or from which the object or structure is erected or attached or projects from.

A notice under subsection (1) shall —

If the owner of the land or building does not comply with a notice given to him under subsection (1), any person authorised in that behalf by the Corporation may enter the land or building, together with such other persons as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons.

For the purposes of this Act, there shall be established a Railway Compensation Board consisting of a President and such number of members, not being less than two, as the Minister may think fit.

The President and every member of the Compensation Board shall be appointed by the Minister and upon appointment the name of the President and every member of the Compensation Board shall be published in the Gazette.

The President shall possess the qualifications required for a District Judge under subsection (3) of section 9 of the Subordinate Courts Act (Cap. 14), and shall preside at all sessions of the Compensation Board.

Three members of the Compensation Board of whom the President shall be one shall form a quorum, and the opinion of the majority of the Compensation Board present shall be decisive upon any matter, except that in case of an equality the President shall give a casting opinion.

Every member of the Compensation Board shall, except where his appointment is revoked by the Minister under subsection (6) or he resigns during the period of his appointment, hold office for a period of three years or for such shorter period as the Minister may, in any case, determine but shall be eligible for re-appointment.

The Minister may at any time revoke the appointment of a member of the Compensation Board.

Where a person ceases to be a member of the Compensation Board, the Minister shall, as soon as is reasonably practicable, take steps to fill the vacancy but the existence of any vacancy in the Compensation Board shall not invalidate the acts of the Compensation Board.

Every member of the Compensation Board when and so long as he is serving on the Compensation Board shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 103) and the proceedings of the Compensation Board shall be deemed to be judicial proceedings.

There shall be paid to the members of the Compensation Board such salaries, fees and allowances as the Minister may determine.

Any interested party may be represented before the Compensation Board —

Every summons and notice issued under the hand of the President shall be deemed to be issued by the Compensation Board.

The Minister may appoint a secretary of the Compensation Board and such other officers and servants of the Compensation Board as may be necessary.

The Compensation Board shall have jurisdiction to hear and determine in accordance with this Act —

The Compensation Board shall also have jurisdiction to award compensation or any part thereof to a claimant if at the time of the award it has no notice or intimation of any dispute as to his entitlement but the making of any such award shall not affect the entitlement to receive compensation under this Act of any other person who may thereafter be held by a court of competent jurisdiction to have a better title to the compensation or any other part thereof other than the person to whom it was awarded.

An award of compensation of the Compensation Board may be reviewed, varied or set aside by the Compensation Board in any of the following circumstances:

No award shall be reviewed, varied or set aside by the Compensation Board under subsection (1) unless any party aggrieved by the award applies to the Compensation Board not later than two years from the date of the award.

The Compensation Board may, at any stage of an application or proceeding before it, reserve for the consideration of the High Court any question of law arising in the application or proceeding in the form of a special case which shall —

The High Court shall hear and determine the question or questions of law arising on the special case and shall thereupon remit the matter to the President with the opinion of the Court thereon and that opinion shall be binding on the Compensation Board.

The costs of the proceeding in the High Court shall be in the discretion of the Court and may be dealt with by the order of the Court, except that no member of the Compensation Board shall be personally liable to any costs in respect thereof.

Nothing in this section shall be construed to prevent the Compensation Board from determining any question of law arising in the application or proceeding before it.

The High Court, either on its own motion or on the application within fourteen days of any party aggrieved by a decision of the Compensation Board on the ground that it is wrong in law, may call for the proceedings and the grounds of the award and give such order thereon, either by directing a fresh hearing or otherwise, as seems necessary to secure that substantial justice is done.

The powers of review conferred upon the High Court in this section shall not extend to a decision of the Compensation Board as to the quantum of compensation awarded or apportioned under section 40.

There shall be no further right of appeal from the decision of the High Court under this section and under section 43.

The Corporation may, with the approval of the Minister, make rules for or in respect of every purpose which is considered by the Corporation necessary or expedient for carrying out the provisions of this Act.

Without prejudice to the generality of subsection (1), the Corporation may make rules for all or any of the following purposes:

All property of whatever kind and whether movable or immovable vested in or belonging to the Provisional Authority immediately before the date of commencement of this Act shall as from that date be transferred to and vest in the same interest in the Corporation without any further assurance and the Corporation shall have all powers necessary to take possession of, recover and obtain the benefit of such property.

All obligations and liabilities of the Provisional Authority immediately before the date of commencement of this Act shall as from that date be the obligations and liabilities of the Corporation and the Corporation shall have all necessary powers to discharge the same.

Without limiting the generality of section 49, every agreement, whether in writing or not, to which the Provisional Authority was a party immediately before the date of commencement of this Act and whether or not of such a nature that the rights and liabilities thereunder could be assigned shall have effect as from that date as if —

Subsection (1)(b) shall also apply to any document, not being an agreement, having therein references to the Provisional Authority.

The appointment of any employee of the Provisional Authority subsisting immediately before the date of commencement of this Act shall be deemed to be made by the Corporation under this Act, and for the purpose of determining the right to pension, gratuity or other benefits of such employee on the cessation of his service, there shall be no break in the continuity thereof by reason only of the repeal effected by section 48.

Where anything has been commenced by or under the authority of the Provisional Authority before the date of commencement of this Act such thing may be carried on and completed by or under the authority of the Corporation.

Any proceedings or cause of action pending or existing before the date of commencement of this Act by or against the Provisional Authority may be continued and be enforced by or against the Corporation.