Clause 1
Short title and commencement
This Act may be cited as the Provisional Mass Rapid Transit Authority Act, 1980, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
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Provisional Mass Rapid Transit Authority Bill is Singapore Bill, cited as Bill 9 1980, currently marked in force and first recorded in 1980.
Part I
Short title and commencement
This Act may be cited as the Provisional Mass Rapid Transit Authority Act, 1980, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
In this Act, unless the context otherwise requires —“Chairman” means the Chairman of the Provisional Authority;“Deputy Chairman” means the Deputy Chairman of the Provisional Authority;“Mass Rapid Transit System” means the Mass Rapid Transit System intended to be set up in pursuance of the transport policy of the Government;“Provisional Authority” means the Provisional Mass Rapid Transit Authority established under section 3.
“Deputy Chairman” means the Deputy Chairman of the Provisional Authority;
“Mass Rapid Transit System” means the Mass Rapid Transit System intended to be set up in pursuance of the transport policy of the Government;
“Provisional Authority” means the Provisional Mass Rapid Transit Authority established under section 3.
Establishment and incorporation of the Provisional Mass Rapid Transit Authority
There is hereby established the Provisional Mass Rapid Transit Authority which shall be a body corporate with perpetual succession and a common seal and with power —
to sue and be sued in its corporate name;
to acquire, own, hold and develop or dispose of property, both movable and immovable;
to perform such other acts as bodies corporate may by law perform; and
to exercise such other powers as are conferred upon it by and under this Act.
Membership of Provisional Authority
The Provisional Authority shall consist of the following members: —
a Chairman appointed by the President;
a Deputy Chairman appointed by the Minister; and
not less than three nor more than thirteen other members appointed by the Minister.
Term of office
The Deputy Chairman and any other member appointed by the Minister shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.
Any member may resign his office at any time by a written notice given, in the case of the Chairman to the President, and in the case of the Deputy Chairman or any other member to the Minister.
The Chairman may be removed from his office by the President, and the Deputy Chairman or any other member by the Minister, for neglect of duty or misconduct, permanent incapacity or other sufficient cause (as to the existence of which the President’s or Minister’s decision, as the case may be, shall be final).
Proceedings of the Provisional Authority
At any meeting of the Provisional Authority three members shall form a quorum.
The Chairman shall preside at all meetings at which he is present and in his absence the Deputy Chairman shall preside.
The Provisional Authority may regulate its own procedure in such manner as it thinks fit.
Functions and powers of the Provisional Authority
The Provisional Authority shall do all such things as are necessary or expedient in the planning and establishment of a Mass Rapid Transit System in Singapore for the conveyance of passengers.
Without prejudice to the generality of subsection (1), the Provisional Authority may —
cause any studies or investigations to be made;
improve, develop or alter any property held by it;
enter into, assign or accept the assignment of and vary or rescind any contract or obligation; and
promote the formation of or acquire any interest in any undertaking for the purpose of facilitating the performance of the functions of the Provisional Authority.
Directions by the Minister
The Minister may from time to time give to the Provisional Authority in writing such general or special directions as he thinks fit as to the exercise of the functions or powers of the Provisional Authority.
The Provisional Authority shall, in the exercise of its functions and powers, give effect to any directions given to it under subsection (1).
Delegation of functions or powers of the Provisional Authority
The Provisional Authority may from time to time delegate to the Chairman, the Deputy Chairman or any other member any of its functions or powers.
Appointment of Chief Executive Officer and other staff
The Provisional Authority shall, with the approval of the Minister, appoint a Chief Executive Officer on such terms and conditions as the Provisional Authority may determine.
The Chief Executive Officer shall —
be responsible to the Provisional Authority for the proper administration and management of its affairs in accordance with the policy laid down by the Provisional Authority;
not be removed from office without the consent of the Minister.
The Provisional Authority may from time to time appoint and employ, on such terms and conditions as the Provisional Authority may think fit, such other officers and employees as it considers necessary for the effective and efficient performance of its functions.
The Provisional Authority may delegate to the Chief Executive Officer its power under subsection (3) subject to such conditions as it may impose.
An officer employed by the Government or any statutory body may be seconded to the Provisional Authority on such terms and conditions as may be agreed between the Provisional Authority and the Government or the statutory body.
Financial year of the Provisional Authority
The financial year of the Provisional Authority shall begin on the 1st day of April of each year and end on the 31st day of March of the succeeding year, except that its first financial year shall begin on the date of the establishment of the Provisional Authority and shall end on the 31st day of March 1981.
Grants
For the purpose of enabling the Provisional Authority to carry out its functions, the Minister may from time to time make grants, subject to such conditions as he may impose, to the Provisional Authority out of moneys to be provided by Parliament.
Borrowing powers
The Provisional Authority may from time to time, with the approval of the Minister, raise loans from banks and other financial institutions whether in Singapore or elsewhere, by way of mortgage, overdraft or otherwise, as it may require for performing its functions under this Act.
Accounts
The Provisional Authority shall cause proper accounts and other records in relation thereto to be kept, and an annual statement of accounts to be prepared in respect of each financial year.
The Provisional Authority 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 of the Provisional Authority.
Audit of accounts
The accounts of the Provisional Authority shall be audited by the Auditor-General or such other auditor as may be 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 or any person authorised by him is 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 Provisional Authority.
The auditor shall in his report state —
whether the financial statements show fairly the financial transactions and the state of affairs of the Provisional Authority;
whether proper accounting and other records have been kept, including records of all assets of the Provisional Authority whether purchased, donated or otherwise;
whether the receipts, expenditure, and investment of moneys and the acquisition and disposal of assets by the Provisional Authority during the financial year were in accordance with the provisions of this Act; and
such other matters arising from the audit as he considers necessary.
The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Provisional Authority. He shall also submit such periodical and special reports to the Minister and to the Provisional Authority as may appear to him to be necessary or as the Minister or the Provisional Authority may require.
Presentation of financial statements and auditor’s report to Parliament
The Provisional Authority shall, as soon as the accounts of the Provisional Authority and the financial statements have been audited in accordance with the provisions of this Act, send to the Minister a copy of the audited financial statements, signed by the Chairman, together with a copy of the auditor’s report.
Where the Auditor-General is not the auditor of the Provisional Authority, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General when they are submitted to the Provisional Authority.
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.
Regulations
The Provisional Authority may, with the approval of the Minister, make such regulations as it considers necessary or expedient for carrying out the purposes and provisions of this Act.
Transfer of studies, rights and obligations to the Provisional Authority
All studies, plans and documents undertaken by or belonging to the Government, and all rights and obligations which were vested in or imposed on the Government, in connection with the Mass Rapid Transit System immediately before the commencement of this Act may, with the approval of the Minister, be transferred to the Provisional Authority after the commencement of this Act.
All rights and obligations transferred to the Provisional Authority under subsection (1) shall be deemed to be the rights and obligations of the Provisional Authority with effect from the date of transfer.