/akn/sg/act/bill/1962/179

Public Utilities Ordinance

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Type
Bill
Status
In force
Enacted
1962
Sections
89

Quick answer

About this bill

Public Utilities Ordinance is Singapore Bill, cited as Bill 179 1962, currently marked in force and first recorded in 1962.

Part I

PRELIMINARY

Clause 1

Short title and commencement

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This Ordinance may be cited as the Public Utilities Ordinance, 1962, and shall come into operation on such date as the Yang di-Pertuan Negara may by notification in the Gazette appoint.(2) The Yang di-Pertuan Negara may appoint different dates for the coming into operation of different provisions of this Ordinance.

(1)

This Ordinance may be cited as the Public Utilities Ordinance, 1962, and shall come into operation on such date as the Yang di-Pertuan Negara may by notification in the Gazette appoint.

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(2)

The Yang di-Pertuan Negara may appoint different dates for the coming into operation of different provisions of this Ordinance.

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Clause 2

Interpretation

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In this Ordinance —“apparatus” means water, gas or electrical apparatus and includes all apparatus, machines, consuming devices and fittings in which pipes or conductors are used or of which they form a part;“area of supply” means that area within which a licensee is authorised by his licence to supply energy;“Board” means the Public Utilities Board established by section 3 of this Ordinance;“Chairman” means the Chairman of the Board appointed under section 5 of this Ordinance and includes any temporary Chairman so appointed;“City Council” means the City Council of Singapore originally incorporated by Indian Act No. 27 of 1857 and incorporated under and by virtue of the Municipal (Elections—Amendment) Ordinance, 1948 (Ord. 29 of 1948), with the status of a City conferred by Royal Charter dated the 24th day of July 1951, and as constituted under the provisions of section 6 of the Local Government Ordinance, 1957 (Ord. 24 of 1957);“conductor” means an electrical conductor arranged to be electrically connected to a system;“consumer” means a person who is supplied with water, gas or electrical energy or whose premises are for the time being connected for the purpose of a supply of water, gas or electrical energy with any system of supply;“energy” means electrical energy when generated, transmitted, supplied or used for any purpose except the transmission of any communication or signal;“General Manager” means the General Manager appointed under section 13 of this Ordinance and includes any acting General Manager so appointed;“grievous hurt” and “hurt” have the same meanings as those respectively assigned to them in the Penal Code (Cap. 119);“installation”, except for the purposes of Part V of this Ordinance, includes any plant or apparatus designed for the collection, production, supply or use, as the case may be, of water, gas or electricity;“licence” means a licence issued under the provisions of section 46 of this Ordinance;“licensee” means a person to whom a licence has been issued;“live” or “alive” applied to a system or any part of a system, means that a voltage exists between any conductor and earth or between any two conductors in the system;“main” means a pipe or supply line through which water, gas or electrical energy is or can be supplied, whether such pipe or line is in use or not;“Municipal Provident Fund” means the Municipal Provident Fund established under the provisions of the Municipal Ordinance (Cap. 133 (1936 Edition)) and continued and deemed to have been established under the Local Government Ordinance, 1957 (Ord. 24 of 1957);“occupier” means the person in occupation of the premises in respect of which the expression is used and includes the person having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;“private safety” means the obviation of danger to individuals or to private property;“public safety” means the obviation of danger to the general public, to public property and to roads, streets, railways, canals, docks, wharves, piers, bridges, gas-works, water works and their appurtenances and telegraphic, telephonic and other electrical signalling lines;“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public have a right of way, and also the way over any public bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public have a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of such street;“supply line” means a conductor or conductors or other means of conveying, transmitting or distributing energy, together with any casing, coating, covering, tube, pipe, insulator or post enclosing, surrounding or supporting the same or any part thereof, or any building or apparatus connected therewith for the purpose of transforming, conveying, transmitting or distributing energy;“system” means an electrical system in which all the conductors and apparatus are electrically or magnetically connected.

Definition

“apparatus” means water, gas or electrical apparatus and includes all apparatus, machines, consuming devices and fittings in which pipes or conductors are used or of which they form a part;

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Definition

“area of supply” means that area within which a licensee is authorised by his licence to supply energy;

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Definition

“Board” means the Public Utilities Board established by section 3 of this Ordinance;

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Definition

“Chairman” means the Chairman of the Board appointed under section 5 of this Ordinance and includes any temporary Chairman so appointed;

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Definition

“City Council” means the City Council of Singapore originally incorporated by Indian Act No. 27 of 1857 and incorporated under and by virtue of the Municipal (Elections—Amendment) Ordinance, 1948 (Ord. 29 of 1948), with the status of a City conferred by Royal Charter dated the 24th day of July 1951, and as constituted under the provisions of section 6 of the Local Government Ordinance, 1957 (Ord. 24 of 1957);

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Definition

“conductor” means an electrical conductor arranged to be electrically connected to a system;

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Definition

“consumer” means a person who is supplied with water, gas or electrical energy or whose premises are for the time being connected for the purpose of a supply of water, gas or electrical energy with any system of supply;

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Definition

“energy” means electrical energy when generated, transmitted, supplied or used for any purpose except the transmission of any communication or signal;

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Definition

“General Manager” means the General Manager appointed under section 13 of this Ordinance and includes any acting General Manager so appointed;

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Definition

“grievous hurt” and “hurt” have the same meanings as those respectively assigned to them in the Penal Code (Cap. 119);

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Definition

“installation”, except for the purposes of Part V of this Ordinance, includes any plant or apparatus designed for the collection, production, supply or use, as the case may be, of water, gas or electricity;

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Definition

“licence” means a licence issued under the provisions of section 46 of this Ordinance;

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Definition

“licensee” means a person to whom a licence has been issued;

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Definition

“live” or “alive” applied to a system or any part of a system, means that a voltage exists between any conductor and earth or between any two conductors in the system;

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Definition

“main” means a pipe or supply line through which water, gas or electrical energy is or can be supplied, whether such pipe or line is in use or not;

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Definition

“Municipal Provident Fund” means the Municipal Provident Fund established under the provisions of the Municipal Ordinance (Cap. 133 (1936 Edition)) and continued and deemed to have been established under the Local Government Ordinance, 1957 (Ord. 24 of 1957);

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Definition

“occupier” means the person in occupation of the premises in respect of which the expression is used and includes the person having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;

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Definition

“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

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Definition

“private safety” means the obviation of danger to individuals or to private property;

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Definition

“public safety” means the obviation of danger to the general public, to public property and to roads, streets, railways, canals, docks, wharves, piers, bridges, gas-works, water works and their appurtenances and telegraphic, telephonic and other electrical signalling lines;

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Definition

“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public have a right of way, and also the way over any public bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public have a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of such street;

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Definition

“supply line” means a conductor or conductors or other means of conveying, transmitting or distributing energy, together with any casing, coating, covering, tube, pipe, insulator or post enclosing, surrounding or supporting the same or any part thereof, or any building or apparatus connected therewith for the purpose of transforming, conveying, transmitting or distributing energy;

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Definition

“system” means an electrical system in which all the conductors and apparatus are electrically or magnetically connected.

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Part V

LICENSED INSTALLATIONS

Clause 45

Interpretation

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For the purposes of this Part of this Ordinance, “installation” means the whole of any plant or apparatus under one ownership or management, designed for the supply or use, or both, as the case may be, of electrical energy (other than electrical energy supplied or used for the transmission of any communication or signal), including any machine supplying mechanical energy to a generator, with all necessary plant, buildings and land in connection therewith, pipe lines, supply lines and consuming apparatus, if any.

Clause 46

Licence required for use of installation

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(1)

No person shall —

(a)

use, work or operate or permit to be used, worked or operated any installation; or

(b)

supply to or for the use of any other person electrical energy from any installation,except under and in accordance with the terms of a licence expressly authorising such use or supply as the case may be.

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(2)

Such licences may be granted by the Board on payment of such fees, if any, as may be prescribed.

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(3)

No licence shall be capable of being transferred unless the consent of the Board to the transfer be evidenced upon the licence in writing under the hand of the General Manager.

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(4)

Licences shall be subject to such conditions as may be prescribed and to such further conditions, if any, as may in each individual case be imposed and endorsed on the licence by the Board.

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(5)

A licence may be for such period as the Board may in each individual case approve.

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(6)

The period of duration of every licence shall be set out therein, and in every licence to supply electrical energy there shall be set out —

(a)

the area of supply;

(b)

the declared voltage and the variations permitted thereon;

(c)

the maximum charges payable by consumers; and

(d)

such other matters as the Board may consider desirable.

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Clause 47

Supply lines and other apparatus on Crown land

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(1)

Subject to the approval of the Commissioner of Lands and to such conditions as the Commissioner of Lands may deem proper, a licence may extend to authorising the licensee to lay, place or carry on, under or over Crown land to the extent and in the manner specified in the licence, such supply lines, and to erect and maintain in or upon Crown land such posts and other apparatus as may in the opinion of the Board be necessary or proper for the purposes of the licensed installation, and, subject always to the approval of the Commissioner of Lands, such authorisation may be given or added to at any time during the currency of the licence by endorsement thereon under the hand of the General Manager.

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(2)

All apparatus placed in or upon Crown land which is not removed therefrom within six months, or such longer period as the Commissioner of Lands may permit, after the expiration or earlier determination of the licence under the authority whereof such apparatus was so placed, shall vest in and become the property of the Crown.

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Clause 48

Suspension and revocation of licence

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(1)

The Board may in its discretion require that before the issue of any licence, such security as it may specify shall be furnished for the due observance of the terms and conditions of the licence and of the provisions of this Ordinance and any regulations made thereunder.

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(2)

A licence may at any time be suspended or revoked by the Board on breach of any of the conditions thereof or in default of payment of any moneys due thereunder, or if the licensee ceases to work or operate the installation in respect of which the licence has been granted:Provided that, where a licence has been suspended or revoked on the ground that the licensee has ceased to work or operate an installation, the licensee may, if he considers that he has suffered or may suffer undue hardship by reason of such suspension or cancellation, appeal to the Minister against such suspension or cancellation, and the decision of the Minister on such appeal shall be final.

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(3)

The licensee shall not be entitled to compensation for any loss caused to him by the suspension or revocation of a licence under this section.

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Clause 49

Restriction of use to specified purposes

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A licensee who is, by the conditions of his licence, restricted to using or supplying energy for specified purposes only, shall not use or supply such energy for any purpose other than those so specified.

Clause 50

Registration of installation

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(1)

No installation shall be operated unless such installation is registered under the provisions of this section.

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(2)

Every application for registration of an installation shall be made to the Board in such form as the Board may direct.

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(3)

In every case where an application is duly made under the provisions of subsection (2) of this section for the registration of an installation, such installation shall be inspected and tested by the Chief Electrical Engineer or any officer appointed by him for that purpose, who, if satisfied that such installation complies with the requirements of this Ordinance and of any regulations made thereunder, shall issue or cause to be issued in respect thereof a certificate of registration in such form as the Board may direct.

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(4)

A certificate of registration shall be surrendered by the licensee to the Board for cancellation if the installation is no longer required to be used. Thereafter if the licensee wishes to operate the installation again, the said installation shall be treated in all respects as if it were a new installation.

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(5)

A certificate of registration may be cancelled in accordance with regulations made under section 62 of this Ordinance.

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(6)

A certificate of registration shall not be transferred without the permission of the General Manager.

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Clause 51

Periodical inspection of installation

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(1)

When a person is about to construct an installation, he shall give notice of the proposed installation to the Board, and the Board may cause the installation to be periodically inspected during the process of its construction.

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(2)

In addition to periodical inspections during construction and final inspections on completion, all installations, while in operation, shall be subject to such periodical inspections as may be deemed necessary by the Board.

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(3)

The licensee and any person for the time being in charge of any installation or of the construction of any installation shall afford full facilities for inspection during working hours.

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Clause 52

Existing installations

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All installations which have been operated or whereof the construction has been completed or begun before the coming into operation of this Ordinance shall be subject to this Ordinance and the regulations made thereunder.

Clause 53

Control by competent person

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(1)

Subject to the provisions of this section, no installation or electrical plant or apparatus shall be worked or operated except by, or under the control of, a person possessing such qualifications and holding such certificates as the Board considers adequate, and no person not possessing such qualifications or holding such certificates shall be in charge of any installation nor shall he control the operation of any electrical plant or apparatus.

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(2)

The provisions of subsection (1) of this section shall not apply in any case where the Board is satisfied that such installation, electrical plant or apparatus is not capable of generating and distributing electrical power in excess of fifty volts:Provided that where voltage is transformed in order to take advantage of the exemption, double wound transformers having no electrical connection between the primary and secondary windings and having approved insulation shall be used, and provided also that voltage reduction by means of auto-transformers shall not be permitted.

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(3)

Any person who contravenes any provision of this section shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one thousand dollars and, if the contravention be continued, to a fine not exceeding one hundred dollars for every day or part of a day during which the contravention is continued after the date of the conviction thereof.

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Clause 54

Electrical interference with signalling processes or circuits

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If the Chief Electrical Engineer is satisfied that the working or operation of any installation causes electrical interference with any radio-communication, telecommunication, telegraph, telephone or other electrical signalling process or circuits, owned or operated by or on behalf of the Government or by any person licensed under the provisions of sections 3 and 36 of the Telegraphs Ordinance (Cap. 108), he shall call upon the licensee to abate the interference and if, within a period of fourteen days or such longer period as he considers reasonable in any particular circumstances, the interference has not been effectually abated, the Chief Electrical Engineer may, notwithstanding the provisions of subsection (2) of section 48 of this Ordinance, order the cancellation of the licence and prohibit the working or operating of the installation.

Clause 55

Compliance with regulations

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(1)

A printed copy of the regulations made under this Part of this Ordinance shall be posted up in a prominent position in every premises to which they apply and a copy thereof shall be supplied free of charge by the licensee to any workman or person affected thereby who may apply for it.

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(2)

The licensee and all his agents, workmen and persons affected thereby shall comply with all such regulations.

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(3)

In the event of any breach of such regulations, the General Manager may by written order prohibit the use of any supply lines or works or installations until the regulations are complied with and every such order shall be immediately complied with by the person concerned.

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Clause 56

Procedure in case of dangerous defect in installation or apparatus

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(1)

In the event of the Chief Electrical Engineer finding in any installation or apparatus any defect which in his opinion is likely to cause danger, he may, by notice in writing posted on the premises where the installation or apparatus to which it relates is installed or working, or served upon the licensee or owner of the premises, require such defect to be made good or removed within such period as may be specified in the notice, and in such case the installation or apparatus shall not be operated or used after the expiration of such period unless the defect has been made good or removed to the satisfaction of the Chief Electrical Engineer:Provided that, if the Chief Electrical Engineer is of the opinion that the defect is likely to cause immediate danger, he may, by notice posted or served as aforesaid, forthwith suspend the operation and use of such installation or apparatus until such defect is made good or removed, and in such case the installation or apparatus shall not be operated or used so long as such notice of suspension remains unrevoked.

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(2)

Every licensee and every person for the time being in charge of any installation becoming aware of a defect therein which is likely to cause danger, and every consumer becoming aware of a defect in any apparatus which is likely to cause danger, shall forthwith make good or remove the defect, or make a report thereon to the Chief Electrical Engineer.

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(3)

If, in the opinion of the Chief Electrical Engineer, any defect in an installation is of such a nature that it cannot be made good or removed, he may hold an inquiry, and if he thinks fit, may recommend that the licence be cancelled.

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(4)

The Board shall not be liable for any loss or damage caused to any person by the suspension of the operation and use of any installation or apparatus or by the suspension or cancellation of a licence under this section.

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(5)

Any person who contravenes or fails to comply with any of the provisions of subsection (1) or (2) of this section shall be guilty of an offence under this Ordinance.

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Clause 57

Entry into premises

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(1)

Subject to the provisions of subsection (2) of this section, the Chief Electrical Engineer or any officer authorised by him may enter upon any premises in or upon which any installation or apparatus may be, at all reasonable hours in the daytime and also at any time when the installation or apparatus is in operation.

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(2)

The Chief Electrical Engineer or officer authorised by him seeking to enter any premises under the powers conferred by subsection (1) of this section, shall carry, and shall produce on demand, an official identification card or badge in such form as the Board may direct, and no person shall be obliged to admit to his premises any person purporting to be the Chief Electrical Engineer or an officer authorised by him except upon production of such identification card or badge.

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Clause 58

Serious accidents to be reported and investigated

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(1)

When any accident causing or resulting in loss of life or hurt to any person or serious injury to property has occurred in connection with any installation or electrical plant or apparatus, the owner of the premises concerned or the licensee or the management thereof shall report the accident to the Chief Electrical Engineer by the quickest means available, and subsequently with the least possible delay shall report in writing to the Chief Electrical Engineer the facts of the matter so far as such facts are known to them respectively. The Chief Electrical Engineer shall as soon as practicable after receipt of the first report —

(a)

visit the place where the accident occurred;

(b)

make a preliminary investigation of the circumstances;

(c)

record in writing his findings upon such investigation;

(d)

forward his report to the General Manager; and

(e)

if there has been any loss of life or there is reason to believe that any person has been fatally injured, send a copy of his findings to a Magistrate.

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(2)

In the event of loss of life or grievous hurt to any person due to any accident arising from the use or operation or caused by any installation or electrical plant or apparatus, no alteration or addition shall, without the consent of the Chief Electrical Engineer, be made to any part of such installation, plant or apparatus which may have contributed towards the cause of such accident nor shall any alteration be made, without such consent, to the site of the accident until the Chief Electrical Engineer has completed his investigations:Provided that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life or property.

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(3)

If upon a preliminary investigation under subsection (1) of this section, it appears to the Chief Electrical Engineer making such investigation that there is reason to believe that the accident was due to any failure to comply with the provisions of this Ordinance or of any regulations made thereunder or to neglect of any lawful order given by him, or if the Chief Electrical Engineer making such investigation as aforesaid is satisfied that the accident might have been prevented if proper precautions had been taken and observed in the operation or working of any installation or electrical plant or apparatus, he shall hold an inquiry into the nature and cause of the accident with the assistance of one or more persons of electrical or other special skill and experience to be nominated by the Board as assessors. At the conclusion of such inquiry, the Chief Electrical Engineer shall forward to the Board a copy of the evidence taken at such inquiry together with his opinion thereon and the opinion of the assessor or assessors, and such further report as he and the assessor or assessors may consider necessary, and he shall also forward to the Public Prosecutor a copy of such evidence, opinions and report.

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(4)

Any person concerned in any preliminary investigation or inquiry held under this section shall be entitled, upon payment of the prescribed fees, to receive a copy of the report of the Chief Electrical Engineer or of the evidence taken at the inquiry or of the opinions of the Chief Electrical Engineer and assessors.

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(5)

Any person who, without lawful excuse, contravenes or fails to comply with any of the provisions of subsection (1) or (2) of this section shall be guilty of an offence under this Ordinance.

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Clause 59

Appeal to the Minister

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(1)

Where there is a difference of opinion between a licensee and the Board on any matter affecting the construction, erection, maintenance or operation of any installation or apparatus the licensee may appeal to the Minister who shall give such directions as he shall think fit for the decision of the matter in dispute.

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(2)

Notice of such appeal shall be given in writing within twenty-one days from the date of the decision of the Board in such matter or within such further period as the Minister may allow and such notice shall contain the grounds on which the licensee relies.

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Clause 60

Power to administer oaths, etc

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For the purpose of holding inquiries under this Ordinance, the Board or any officer duly authorised in that behalf shall have power to administer oaths and affirmations and shall be vested with the powers of a Magistrate for compelling the attendance of witnesses, maintaining order and otherwise conducting the said inquiries, and persons summoned to attend any such inquiry shall be legally bound so to attend.

Clause 61

Offences

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(1)

Any person who wilfully tampers with or adjusts any installation or apparatus or any part thereof so as to cause or to be likely to cause danger to human life or limb or injury to any property of any kind shall be guilty of an offence under this Ordinance and for each such offence shall be liable on conviction to imprisonment for a term not exceeding five years.

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(2)

Any person who by any rash or negligent act or omission committed or omitted in respect of any installation or apparatus or part of any installation or apparatus under his control causes hurt to any person or injury to any property shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

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(3)

Any person who, in contravention of the provisions of section 46 of this Ordinance, supplies energy from an installation to or for the use of any other person shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars and, if the contravention be continued, to a fine not exceeding two hundred dollars for every day or part of a day during which the contravention continues after the date of conviction thereof.

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(4)

Any licensee who without express authority from the Board supplies energy or lays down any supply line or constructs any electrical works outside the area of supply specified in his licence shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one thousand dollars, and any such unauthorised line or works may be removed by order of the Board, and the reasonable cost of such removal may be recovered from the licensee.

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(5)

Any person who in contravention of the provisions of section 46 of this Ordinance uses, works or operates, or permits to be used, worked or operated, any installation shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one thousand dollars and, if the contravention be continued, to a fine not exceeding one hundred dollars for every day or part of a day during which the contravention is continued after the date of conviction thereof.

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(6)

Any person who obstructs or impedes any officer or servant of the Board in the exercise of his duties under this Ordinance or any regulations made thereunder, or fails to comply with any order lawfully given in pursuance of this Ordinance or such regulations shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five hundred dollars and, in the case of a continuing offence, to a fine not exceeding fifty dollars for every day or part of a day during which the offence is continued after the date of conviction thereof.

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(7)

Any licensee who, without lawful excuse, fails to comply with any condition expressed, or, by virtue of this Ordinance, implied, in his licence shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five hundred dollars and, if the failure be continued, to a fine not exceeding fifty dollars for every day or part of a day during which the failure is continued after the date of conviction thereof.

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Clause 62

Power to make regulations

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(1)

The Board may, with the approval of the Minister, make regulations not inconsistent with the provisions of this Part of this Ordinance to prescribe —

(a)

the powers, duties and functions of its employees and the manner in which such powers, duties and functions are to be exercised and carried out;

(b)

the intervals, times and manner at or in which any installations or apparatus shall be inspected, the notice (if any) to be given in relation to inspections and the preparations to be made by the licensees and the management for such inspections;

(c)

the control of standards for electrical machinery, electric lines, wiring, fittings, accessories, appliances, consuming devices, control and protective gear associated with the generation, transmission, distribution and application of energy and the manner in which such machines, electric lines, wiring, fittings and apparatus shall be erected, fixed, protected, inspected, tested and maintained;

(d)

the approval and control of electric apparatus, appliances, equipment and material with the object of securing their safety in service and the prohibition of the use, sale or hire of all electrical apparatus, appliances, equipment and material which are in the opinion of the Board unsafe;

(e)

the fees to be paid for licences and certificates of registration of installations and any other fees which require to be prescribed under the provisions of this Ordinance;

(f)

the forms and contents of and the conditions to be prescribed in licences, the forms and periods of validity of certificates of registration and the conditions for suspension, extension and revocation of licences and certificates of registration;

(g)

the standards for the examination of and the qualifications to be possessed by persons before they may be entrusted with the construction, erection, repair or alteration of any installation or apparatus or with the charge of any installation or the control of the operation of apparatus and the issue of certificates of competency to such persons;

(h)

the manner of holding inquiries under this Part of this Ordinance;

(i)

the form of notices and the manner of service thereof;

(j)

the means to be adopted, whether by prohibition or otherwise, to prevent or abate any nuisance likely to arise or arising from the working of any installation or apparatus;

(k)

any other matters required to be prescribed by this Part of this Ordinance or which may appear to the Board expedient for the better carrying out of the provisions of this Part of this Ordinance, or for securing the safety of the public; and

(l)

the penalties to be imposed for breaches of the regulations.

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(2)

The Board shall supply a copy of any such regulations for the time being in force to any applicant therefor on payment of a fee of twenty-five cents per folio of one hundred words or part thereof.

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Clause 63

Reimbursement of expenditure

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(1)

All expenditure incurred by the Board in respect of any of the matters specified in this Part of this Ordinance shall be deemed to be expenditure incurred by the Board on behalf of the Government and the amount of any such expenditure shall be refunded to the Board by the Government.

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(2)

In calculating the amount of any such expenditure, the amounts of fees or other moneys received by the Board in respect of any such matters shall be set off against such expenditure.

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(3)

For the purposes of this section, “expenditure” shall be deemed to include a proportionate amount of the remuneration of the employees of the Board employed directly in any of the matters specified in this Part of this Ordinance.

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Clause 64

Exemptions

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(1)

The provisions of this Part of this Ordinance shall not apply to the supply of energy by the Board.

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(2)

The Board may, with the approval of the Minister, by notification in the Gazette exempt from any of the provisions of this Part of this Ordinance and of any regulations made thereunder, any installation or apparatus or any class of installation or apparatus.

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Clause 3

Establishment and incorporation of Public Utilities Board

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There is hereby established a body to be known as the “Public Utilities Board” which shall be a body corporate and may sue and be sued in its corporate name, and shall have perpetual succession, and may enter into contracts, and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property vested in the Board upon such terms as to the Board seem fit.

Clause 4

Common seal

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(1)

The Board shall have a common seal and such seal may from time to time be broken, changed, altered and made anew as to the Board seems fit, and, until a seal is provided under this section, a stamp bearing the inscription “Public Utilities Board, Singapore” may be used as the common seal.

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(2)

All deeds, documents and other instruments requiring the seal of the Board shall be sealed with the common seal of the Board by the authority of the Board in the presence of the General Manager and of some other person duly authorised by the Board to act in that behalf and shall be signed by the General Manager and by such duly authorised person, and such signing shall be sufficient evidence that the common seal of the Board has been duly and properly affixed and that the said seal is the lawful common seal of the Board.

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(3)

The Board may by resolution or otherwise appoint an officer of the Board or any other agent either generally or in a particular case to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board.

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(4)

The provisions of section 12 of the Registration of Deeds Ordinance (Cap. 255) shall not apply to any instrument purporting to have been executed under the provisions of subsection (2) of this section.

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Clause 5

Constitution of the Board

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(1)

The Board shall consist of —

(a)

a Chairman, to be appointed by the Yang di-Pertuan Negara;

(b)

seven other members who shall not be public officers, to be appointed by the Yang di-Pertuan Negara; and

(c)

one public officer, to be appointed by the Yang di-Pertuan Negara on the nomination of the Minister.

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(2)

The Chairman and the other members of the Board shall each hold office for a period of three years from the dates of their respective appointments and shall be eligible for reappointment on completion of such period.

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(3)

The Yang di-Pertuan Negara may appoint any member of the Board to be the temporary Chairman during the incapacity owing to illness or otherwise of the Chairman.

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(4)

The Yang di-Pertuan Negara may appoint any person to be a temporary member of the Board during the incapacity owing to illness or otherwise of any member of the Board.

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(5)

Where it appears to the Yang di-Pertuan Negara to be necessary in the interests of the efficient performance of the functions and duties of the Board under this Ordinance, he may revoke any appointment made under this section.

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(6)

A member of the Board may resign his seat at any time by giving one month’s notice in writing to the Yang di-Pertuan Negara.

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(7)

A member of the Board appointed under the provisions of paragraph (c) of subsection (1) of this section shall vacate his seat if he ceases to be a public officer.

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(8)

The seat of a member of the Board shall become vacant —

(a)

on his death; or

(b)

if he, without sufficient cause (the sufficiency whereof to be decided by the Board), fails to attend three consecutive meetings of the Board; or

(c)

if he becomes in any manner disqualified for membership of the Board; or

(d)

if he be adjudged a bankrupt; or

(e)

if he shall resign his seat.

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(9)

If a vacancy occurs in the membership of the Board by death, resignation, revocation of the appointment under subsection (5) of this section or for any other cause, the Yang di-Pertuan Negara may appoint a person to fill the vacancy in the manner prescribed by subsection (1) of this section, and any person so appointed shall hold office for so long as the member in whose place he is appointed would have held office.

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Clause 6

Disqualification from membership

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No person shall be eligible to be appointed or to remain a member of the Board who —

(a)

is an undischarged bankrupt; or

(b)

has been sentenced to imprisonment for a term exceeding six months and has not suffered such punishment or received a free pardon; or

(c)

is a person found or declared under any written law to be of unsound mind.

Clause 7

Members of the Board to dispose of interest in any water, gas or electricity undertaking

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(1)

Every person appointed to be a member of the Board shall, within three months from the date of his appointment, sell or dispose of all shares in any water, gas or electricity undertaking which, at the time of his appointment, he may own or be interested in beneficially, and no member of the Board, whilst he holds office as such, may purchase or acquire a beneficial interest in any shares in any water, gas or electricity undertaking and, if any member of the Board shall become entitled beneficially under any will or succession or in any other manner to any shares in any water, gas or electricity undertaking, he shall sell or dispose of the same within three months after he has so become entitled thereto:Provided that the Minister may waive the requirements of this subsection in any specific case subject to such conditions as he may impose.

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(2)

Any member of the Board who retains, purchases, takes or acquires a beneficial interest in any shares in any water, gas or electricity undertaking in contravention of the provisions of this section shall be deemed to have been disqualified for membership of the Board and to have vacated his office as such member, and the Chairman shall, after the fact of any such contravention comes to his knowledge, report such fact to the Board at its next meeting and shall cause a notification of such vacation of office to be published in the Gazette:Provided that the Minister may waive the requirements of this subsection in any specific case subject to such conditions as he may impose.

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(3)

No resolution, proceeding or other action of the Board shall be invalidated by reason of the fact that a member disqualified under this section has sat on the Board at its meetings or taken part in any proceeding or other action of the Board.

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(4)

In this section, “shares in any water, gas or electricity undertaking” means stock, shares, debentures, debenture stock, bonds or other securities of any company engaged in the collection, production, supply or use of water, gas or electricity, or in the installation, sale, hire or manufacture of water, gas or electrical apparatus or appliances, and includes any share or interest in any unincorporated undertaking similarly engaged.

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(5)

For the purposes of this section, the shares in any water, gas or electricity undertaking or any beneficial interest therein retained, purchased, taken or acquired by the spouse of any member of the Board shall be deemed to have been retained, purchased, taken or acquired by such member if such member and the spouse are living together.

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Clause 8

Disclosure of interest in any contract

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If any member of the Board has any beneficial interest in any land or building situate in an area comprised in any project of the Board, or has any beneficial interest in any company or undertaking with which the Board proposes to make any contract, or has an interest in any such contract, he shall forthwith disclose to the Board the fact and nature of such interest, and such disclosure shall be recorded in the minutes of the Board, and thereafter such member shall take no part in any deliberation or decision of the Board relating to such project or contract.

Clause 9

Salaries, fees and allowances payable to members of the Board

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There shall be paid to the Chairman and members of the Board, out of the funds of the Board, such salaries, fees and allowances as the Yang di-Pertuan Negara may determine.

Clause 10

Quorum

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(1)

The quorum at all meetings of the Board shall be five and no business shall be transacted unless a quorum is present.

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(2)

The Chairman shall preside at all meetings of the Board:Provided that if the Chairman is absent from a meeting or any part thereof, such member as the members of the Board present shall choose, shall preside in his place.

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(3)

A decision of the majority of the members of the Board present and voting at a meeting of the Board shall be deemed to be a decision of the Board.

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(4)

In the event of the votes for and against any question being equal, the Chairman or in his absence the member presiding at the meeting of the Board shall have a casting vote in addition to his original vote.

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Clause 11

Vacancies

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Subject to the provisions of subsection (1) of section 10 of this Ordinance, the Board shall not be precluded from holding any meeting or acting in any matter merely by reason of any vacancy in its membership.

Clause 12

Procedure of the Board

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(1)

The Chairman or any other officer authorised by him shall, subject to such standing orders as may be made by the Board under subsection (2) of this section, summon all meetings of the Board for the despatch of business.

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(2)

Subject to the provisions of this Ordinance, the Board may make standing orders to regulate its own procedure, and in particular, the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes, and the custody, production and inspection of such minutes.

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Clause 13

Appointment of officers and servants

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(1)

The Board shall, with the approval of the Minister, appoint and employ a General Manager who shall, subject to the directions of the Board on matters of policy, be charged with the direction of the business of the Board, its administration and organisation, and the administrative control of its employees. Before granting such approval, the Minister shall consult the Public Service Commission.

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(2)

The Board shall, with the approval of the Minister, also appoint and employ a Chief Financial Officer, a Chief Electrical Engineer, a Chief Water Engineer and a Chief Gas Engineer. Before granting such approval, the Minister shall consult the Public Service Commission.

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(3)

A person appointed to any post specified in subsections (1) and (2) of this section shall not be removed from office without the consent of the Minister. Before giving such consent, the Minister shall consult the Public Service Commission.

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(4)

If a person appointed to any such post is temporarily absent from Singapore or temporarily incapacitated by illness or for any other reason temporarily unable to perform his duties, another person may be appointed by the Board to act in his place during such temporary absence or other incapacity.

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Clause 14

Lists of posts and appointment of employees

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(1)

The Board may from time to time approve a list of posts which it thinks necessary for the purposes of this Ordinance and may add to or amend the same. The first such list of posts shall contain posts for all the persons transferred to the service of the Board under section 42 of this Ordinance.

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(2)

No person may be employed by the Board unless he holds a post appearing in the list of posts for the time being in force.

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(3)

Subject to the provisions of this section —

(a)

appointments and promotions to all posts shall be made by the Board; and

(b)

the termination of appointment, dismissal and disciplinary control of the employees of the Board shall be vested in the Board.

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(4)

The Minister may, with the consent of the Public Service Commission, declare that appointments and promotions to such posts or classes of posts as he deems fit, and the termination of appointment, dismissal and disciplinary control of persons appointed to such posts, shall be vested in the Board acting on the advice of the Public Service Commission, and upon such declaration, the Board shall exercise such functions on the advice of the Public Service Commission.

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(5)

Notwithstanding the provisions of this section, the General Manager may appoint persons temporarily for a period not exceeding two months to posts in the list of posts for the time being in force.

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(6)

The Board may, with the approval of the Minister, make rules not inconsistent with the provisions of this Ordinance or of any other written law, for the appointment, promotion, disciplinary control and terms and conditions of service of all persons employed by the Board.

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(7)

Without prejudice to the generality of subsection (6) of this section, the Board shall, with the approval of the Minister, prescribe the rates of remuneration payable to persons employed by the Board, and no person so employed shall be paid otherwise than in accordance with such rates.

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Clause 15

General functions of the Board

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(1)

Subject as hereinafter provided, it shall be the function and duty of the Board —

(a)

to provide, construct and maintain such catchment areas, reservoirs and other works as may be required or necessary for the collection, production, supply and use of water, gas and electricity for public and private purposes;

(b)

to manage and work the water, gas and electrical installations transferred to the Board by this Ordinance and such other installations as may be acquired by the Board under the provisions of this Ordinance;

(c)

to secure and provide an adequate supply of water, gas and electrical energy at reasonable prices;

(d)

to make regulations, in accordance with the provisions of this Ordinance, relating to the supply of water, gas and electricity by the Board and all matters incidental thereto; and

(e)

to advise the Government on all matters relating to the supply of water, gas and electricity.

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(2)

For the purposes of subsection (1) of this section, the Board may —

(a)

cause to be laid such mains, pipes, aqueducts, conduits and electric lines as it deems necessary for purposes of supplying water, light, gas and electrical energy and, if necessary, may carry such mains, pipes, aqueducts, conduits and lines on, through, over, across or under any street or any place laid out or intended for a street or cellar or vault which is under any street, and, after reasonable notice in writing in that behalf, on, through, over, across or under any enclosed or other land whatsoever, doing as little damage as may be and making full compensation for any damage done;

(b)

construct in any street or place such works as are necessary for purposes connected with the supply of water, light, gas or electrical energy and may place therein meters, switches, cocks and any other suitable and proper apparatus for the purpose of leading off service lines or pipes and other distributing conductors or of examining, testing, measuring, directing or controlling the supply of water, gas or electrical energy or of testing the conditions of the mains and other portions of the works:Provided that —

(i)

all such works, including the upper surface or covering thereof, shall be constructed of such materials and shall be maintained by the Board in such manner as not to be a source of danger, whether by reason of inequality of surface or otherwise; and

(ii)

when the Board lays any electric line, crossing or liable to touch any mains, pipes, lines or other services, the conducting portion of such electric line shall be effectually insulated;

(c)

acquire, in accordance with the provisions of this Ordinance, any property, movable or immovable, which the Board deems necessary or expedient for the purpose of constructing, extending, or maintaining any installation or otherwise carrying out its duties and functions under this Ordinance;

(d)

enter into all such contracts for the supply of goods or materials or for the execution of works or any other contracts as may be necessary for the discharge of its duties and functions under this Ordinance;

(e)

enter into contracts with any person or persons upon such terms as it thinks fit for the supply of water, light, gas and electrical energy for public and private purposes;

(f)

enter into contracts to provide bulk supplies of water, gas and electrical energy to any person or persons outside Singapore on such terms as it thinks fit, subject to the approval of the Government;

(g)

purchase, sell and let for hire to any person or persons and on such terms as it shall think fit, electric motors and gas or electrical lighting, cooking, heating, cooling, refrigerating, and air-conditioning apparatus and appliances and any other water, gas or electrical apparatus and appliances which can be utilized by consumers of water, gas or electricity together with the pipes, lines, accessories, fittings and appurtenances thereof and install, connect, repair, maintain and remove the same;

(h)

appoint consultants, agents or representatives either generally or in any particular case to execute on behalf of the Board any agreement or other instrument not under seal in relation to matters coming within the powers of the Board;

(i)

make provision for the specialized training of any officer or servant of the Board, and in such connection may offer scholarships to intending trainees or otherwise pay for the cost of such training and all expenditure incidental thereto; and

(j)

carry on all such other activities as may appear to the Board requisite, advantageous or convenient for it to carry on for or in connection with the performance of its duties under this Ordinance or with a view to making the best use of any of its assets.

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(3)

The Minister may, after consultation with the Board, give to the Board such general directions, not inconsistent with the provisions of this Ordinance, as to the policy to be followed by the Board in the exercise and performance of its powers, functions and duties under this Ordinance as appear to the Minister to be required in the public interest, and the Board shall, as soon as possible, give effect to any such directions.

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(4)

The Board shall furnish the Minister with information with respect to its property and activities in such manner and at such times as he may require.

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Clause 16

The Board to supply water, etc

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(1)

Subject to the provisions of this Ordinance, the Board may supply water, gas and electrical energy to any person if such person undertakes to enter into a contract with the Board for the supply of water, gas or electrical energy upon such terms and conditions as the Board may determine.

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(2)

The Board may in its discretion refuse to give such supply to any building which has been erected in contravention of any written law or which is in a ruinous or dangerous condition.

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Clause 17

The Board may stop water pipes in case of fire, etc

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The Board may, in case of fire, excessive drought, repairs to mains, or in connection with the construction of new works, alterations to existing works, or the installation, changing or removal of meters, stop, turn off or divert in part or wholly the water in any pipe, pipes or other waterworks under its control or management, notwithstanding any agreement made with any person for the supply of water.

Clause 18

Power to reduce supply

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(1)

The Board may, without incurring any liability for so doing other than the liability to make a proportionate abatement in the sum agreed to be paid for the supply of water, gas or electricity, reduce as it deems fit the quantity of water, gas or electricity supplied in any case, if at any time it is of the opinion that its supply of water, gas or electricity is insufficient for purposes of normal supply to the public.

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(2)

A supply of water for domestic purposes shall not include a supply of water for cattle or horses or for washing vehicles where such cattle, horses or vehicles are kept for sale or hire or kept by a common carrier, nor shall it include a supply of water where such supply is used substantially for watering lands or gardens or for fountains or for any ornamental purpose whatever, nor shall it include a supply of water to any premises any part of which is used for the purpose of any trade, manufacture or business.

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(3)

A supply of gas or electricity for domestic purposes shall not include a supply of gas or electricity for any trade, manufacture or business.

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Clause 19

The Board may cut off supply in default of payment

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(1)

If any person entitled to a supply of water, gas or electricity under any such agreement as is mentioned in section 16 of this Ordinance, makes default in payment of any sum payable by him under such agreement, the Board may cut off the supply of water, gas or electricity by severing or disconnecting any pipe, line or other work through which water, gas or electricity is supplied and may, until any sum payable under the said agreement together with the expenses incurred by the Board in so cutting off are fully paid, discontinue the supply of water, gas or electricity to such person.

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(2)

If at any time after the supply of water, gas or electricity to any premises has been cut off by the Board, it is found that any such supply has been renewed without the authority of the Board and that water, gas or electricity is being used by any person or persons on such premises, the occupier of such premises shall be deemed, until the contrary is proved, to have authorised such user, and shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding twenty dollars for each day the water, gas or electricity has been so used.

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(3)

Any employee of the Board duly appointed for that purpose may at all reasonable times enter any premises to which water, gas or electricity is or has been supplied by the Board in order to examine and if necessary repair, renew or replace the pipes, lines, meters, accumulators, fittings, works or apparatus for the supply of water, gas and electricity belonging to or which are supplied from mains or cables belonging to the Board and for the purpose of ascertaining the quantity of water, gas or electricity consumed or supplied or, when the Board is authorised to cut off the supply of water, gas or electricity from any premises, for the purpose of removing any pipes, electric lines, accumulators, fittings, works or apparatus belonging to the Board and repairing any damage caused by such entry, inspection or removal.

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Clause 20

Protection of the Board and its employees from personal liability

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(1)

No matter or thing done and no contract of any kind entered into by the Board and no matter or thing done by any member of the Board or by any employee thereof or any other person whomsoever acting under the direction of the Board shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever.

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(2)

Any expense incurred by the Board or any member, employee or other person so acting under the direction of the Board shall be borne by and repaid out of the funds of the Board.

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Clause 21

Public servants

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The members of the Board and the employees thereof, of every description, shall be deemed to be public servants within the meaning of the Penal Code (Cap. 119).

Clause 22

Delegation of Board’s powers

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(1)

The Board may, subject to such conditions or restrictions as it thinks fit, delegate to any employee thereof all or any of the powers, functions and duties by this Ordinance vested in the Board except the powers to make regulations, prescribe fees and borrow money, and any powers so delegated shall be exercisable by such employee in the name and on behalf of the Board.

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(2)

The Board may continue to exercise any powers or perform any functions and duties conferred on it by this Ordinance notwithstanding the delegation of such powers, functions or duties under the provisions of this section.

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Clause 23

Borrowing powers

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(1)

The Board may, from time to time, for the purposes of this Ordinance, raise loans from the Government or, with the consent of the Minister, from any other source, either by the creation and issue of debentures, stock or bonds, or otherwise, as the Minister may direct.

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(2)

The Board shall pay interest on such loans at such rate and at such times, and shall make such provision for the mode and time or times of repayment of principal, as may be approved by the Minister after consultation with the Board.

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(3)

The Board may, with the consent of the Minister, from time to time borrow by way of a temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require —

(a)

for the purpose of defraying expenses pending the receipt of revenues receivable by it in respect of the period of account in which those expenses are chargeable; or

(b)

for the purpose of defraying, pending the receipt of money due in respect of any loan authorised to be raised under subsection (1) of this section, expenses intended to be defrayed by any such loan.

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Clause 24

Loans deemed to have been raised by the Board

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(1)

All loans raised by the City Council by the issue of debenture stock and any other loans raised by the City Council for the purposes of the water, gas and electricity undertakings of the City Council under the provisions of any Municipal Ordinance or of the Local Government Ordinance, 1957 (Ord. 24 of 1957), as are referred to in section 40 of this Ordinance, shall be deemed to have been raised by the Board on the same terms and conditions on which such loans were raised by the City Council, and, notwithstanding the repeal of the Local Government Ordinance, 1957, the provisions of sections 80 to 101 thereof, save as may otherwise be provided in this Ordinance and unless the context otherwise requires, shall continue to have effect, mutatis mutandis, in respect of all such loans.

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(2)

The Government shall pay half-yearly to the Board, in respect of any part of the loans referred to in subsection (1) of this section as was applied by the City Council in the acquisition of assets which are by subsection (2) of section 40 of this Ordinance or by section 5 of the Local Government Integration Ordinance, 1962 (Ord. of 1962), transferred to and vested in the Government, before the respective dates on which payments of interest by the Board on such loans fall due, an amount towards interest proportionate to such part, together with an amount towards sinking fund contributions due in respect of such part.

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(3)

The Minister may, by agreement with the Board, make one or more lump sum payments in full and final discharge of the Government’s liabilities under subsection (2) of this section.

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(4)

The Government shall make such contributions to the Board, as may be agreed between the Minister and the Board, towards the expenses of administering the loans referred to in subsection (1) of this section.

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(5)

The Minister may give such directions to the Board as he deems fit, not inconsistent with the provisions of sections 80 to 101 of the Local Government Ordinance, 1957 (Ord. 24 of 1957), pertaining to the administration of the sinking funds referred to in section 40 of this Ordinance and to the investment of moneys thereof, and the Board shall give effect to such directions.

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Clause 25

Loans charged upon the Board’s revenues

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(1)

All loans raised by the Board under section 23 of this Ordinance and all loans raised subsequent to the 1st day of January 1926 by the City Council and deemed to have been raised by the Board under section 24 of this Ordinance, together with all interest and other sums payable in respect thereof, shall be charged indifferently upon all the revenues of the Board and shall rank equally one with another, with priority over any other charge on the revenues of the Board.

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(2)

If the revenues of the Board are insufficient to repay the loans referred to in section 24 of this Ordinance, together with all interest and other sums payable in respect thereof, such loans, interest and other sums shall form part of the public debt of Singapore.

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Clause 26

General duties of the Board in financial matters

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It shall be the duty of the Board so to exercise its powers and perform its functions under this Ordinance as to secure that the total revenues of the Board are sufficient, taking one year with another, to meet its total outgoings properly chargeable to revenue account including depreciation and interest on capital and to meet a reasonable proportion of the cost of the development of the services of the Board.

Clause 27

Annual estimates

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(1)

The Board shall every year cause to be prepared and shall adopt annual estimates of income and expenditure of the Board for the ensuing year.

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(2)

Supplementary estimates may be adopted by the Board at any of its meetings.

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(3)

A copy of all annual estimates and supplementary estimates shall, upon their adoption by the Board, be sent forthwith to the Minister.

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(4)

A summary of the annual estimates and supplementary estimates adopted by the Board shall be published in the Gazette.

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Clause 28

Contribution by Government towards capital outlay to provide supplies

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Where the Government considers it necessary for water, gas or electricity supplies to be provided in any area or areas, whether for domestic or non-domestic purposes, and where the Board considers it uneconomic to provide such supplies without a contribution from the Government, the Government may make such contribution towards the capital outlay necessary to provide such supplies as may be estimated by the Board and agreed by the Government.

Clause 29

Contribution by landowners towards capital outlay to provide supplies

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In cases where an owner of land proposes to erect thereon buildings for which water, gas and electricity supplies will be needed, whether for domestic or non-domestic purposes, and it is uneconomic for the Board to provide such supplies, the Board may require such owner to make such contribution towards the capital outlay necessary to provide such supplies as may be estimated by the Board and agreed by such owner.

Clause 30

Tariffs

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(1)

The prices to be charged for the supply of water, gas and electrical energy and the hire of apparatus shall be in accordance with such tariffs as may from time to time be prescribed by regulations made by the Board:Provided that nothing in this section shall prevent the Board from charging other prices by special agreement.

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(2)

The Board, in fixing tariffs and making agreements for the supply of water, gas or electrical energy, shall not show undue preference as between consumers similarly situated, and shall not exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply, the quantity supplied, and the purpose for which the supply is taken.

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(3)

The requirements of subsection (1) of section 88 of this Ordinance shall not apply to regulations made under this section.

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Clause 31

Pension schemes, provident fund, etc

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(1)

Subject to the approval of the Minister, the Board may 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 Board, as it may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board.

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(2)

The following provisions shall apply to any scheme established under this section —

(a)

no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board, shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;

(b)

no contribution by the Board or its employees made under any such scheme and no interest thereon shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government;

(c)

no such contribution or interest shall be subject to the debts of the contributor, nor shall such contribution or interest pass to the Official Assignee on the bankruptcy of such contributor, but, if such contributor is adjudicated a bankrupt or is declared insolvent by a court, such contribution or interest shall, subject to the provisions of this Ordinance, be deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;

(d)

the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions shall continue to be made notwithstanding the provisions of any written law, and the portion of salary so deducted shall not be deemed to form part of his after-acquired property;

(e)

subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor shall be deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of such deceased contributor, or under a nomination in such form as may be prescribed in such scheme, and shall not be deemed to form part of his estate or be subject to the payment of his debts but shall be deemed to be property passing on his death for the purposes of the Estate Duty Ordinance (Cap. 162);

(f)

any contributor may by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; such memorandum shall be in the form prescribed in such scheme and shall be deposited with the Board;

(g)

if at the time of the death of any contributor or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or trustees may be appointed by the High Court or a Judge thereof; and

(h)

the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Board for any moneys payable on his death out of any such scheme.

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Clause 32

Application of revenue

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(1)

The income of the Board for any year shall be applied in defraying the following charges: —

(a)

the remuneration, fees and allowances of the members of the Board;

(b)

the salaries, fees, remuneration, pensions, gratuities, provident fund and other superannuation benefits of the officers, Auditor, agents and servants, and technical or other advisers, of the Board;

(c)

the working and establishment expenses of, and the expenditure on, or provision for the maintenance of any of the installations of the Board, and the discharge of the functions of the Board properly chargeable to revenue accounts;

(d)

the interest and sinking fund contributions on any loan payable by the Board;

(e)

the sums required to be paid to the Government towards repayment of any loan made by the Government to the Board;

(f)

such sums as the Board may deem appropriate to set aside in respect of depreciation on the property of the Board having regard to the amount set aside out of revenue under paragraphs (d) and (e) of this subsection; and

(g)

any other expenditure authorised by the Board and properly chargeable to revenue account.

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(2)

The balance of the revenue of the Board shall be applied for the creation of a general reserve or such other reserves or capital fund as the Board may deem appropriate.

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Clause 33

Investment of funds

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The Board may from time to time invest any of its funds not immediately required to be expended in the meeting of the obligations or in the discharge of the functions of the Board in securities authorised for the investment of trust funds by any written law for the time being in force:Provided that the Minister may require the Board to invest any such funds in such of the aforesaid securities as he may direct.

Clause 34

Accounts

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(1)

The Chief Financial Officer, appointed under section 13 of this Ordinance, shall be responsible for the keeping of proper accounts and other records in respect of the operations of the Board, and shall cause to be prepared a statement of accounts in respect of each year.

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(2)

The accounts of the Board shall be kept and made up to the 31st day of December in each year.

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(3)

Separate accounts shall be kept in respect of each of the water, gas and electricity undertakings of the Board showing —

(a)

its assets and its income and expenditure relating to the supply of electricity, gas and water; and

(b)

the transactions relating to any capital, depreciation, reserve or other fund which the Board may set up.

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Clause 35

Audit

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(1)

The Minister shall nominate in each year the Director of Audit or any person authorised under section 134 of the Companies Ordinance (Cap. 174) to be an auditor of companies generally, hereinafter referred to as the “Auditor”, to audit the Board’s accounts.

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(2)

The Auditor shall be paid out of the income of the Board such remuneration, expenses or fees as the Minister, after consultation with the Board, shall direct.

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(3)

For the purpose of the audit of accounts under this Ordinance, the Auditor may by notice in writing require the production before him of any book, deed, contract, account, voucher or other document which he may deem necessary to call for, and may require any person holding or accountable for any such document to appear before him and make and sign a statement in relation thereto and may require from any such person such information as he deems necessary.

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(4)

Any person who, being required by the Auditor under subsection (3) of this section to produce any document or to appear before him and make and sign a statement as aforesaid or to furnish information, fails without reasonable excuse to comply with such requisition, shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two hundred dollars, and in the case of continuing failure to comply with such requisition, to a fine not exceeding one hundred dollars for every day or part of a day during which such failure continues after the date of conviction thereof.

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Clause 36

Auditor’s reports

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The Auditor shall, as soon as practicable and not later than three months after the accounts have been submitted for audit, send an annual report of his audit to the Board. He may also submit such periodical and special reports to the Minister and to the Board as may to him appear necessary.

Clause 37

Annual statement of accounts

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(1)

The Board shall, within two months of the submission of the Auditor’s annual report, send to the Minister a statement of accounts and the balance-sheet in respect of that year, signed by the Chairman and the Chief Financial Officer and certified by the Auditor, together with a copy of the Auditor’s report on such annual accounts.

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(2)

The Minister shall cause a copy of every such annual statement of accounts and balance-sheet, together with the Auditor’s annual report, to be presented to the Legislative Assembly.

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Clause 38

Annual Report

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(1)

The Board shall, as soon as practicable after the end of each year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Board during the preceding year and containing such information relating to the proceedings and policy of the Board as the Minister may from time to time direct.

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(2)

The Minister shall cause a copy of every such report to be presented to the Legislative Assembly.

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Clause 39

Interpretation

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In this Part, “the water, gas and electricity undertakings of the City Council” means the installations of the Water, Gas and Electricity Departments of the City Council and all lands, buildings and other property, movable or immovable, vested in and held by the City Council for the purposes of the said Departments, and includes all assets, powers, rights, interests and privileges as well as debts, liabilities and obligations of the City Council in connection therewith or appertaining thereto.

Clause 40

Transfer to the Board of water, gas and electricity undertakings of the City Council and loans raised by the City Council

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(1)

Upon the coming into operation of this Ordinance —

(a)

the water, gas and electricity undertakings of the City Council; and

(b)

the assets and liabilities of the City Council in respect of all loans raised by the City Council by the issue of debenture stock and in respect of any other loans raised by the City Council for the purposes of the water, gas and electricity undertakings of the City Council under the provisions of any Municipal Ordinance or of the Local Government Ordinance, 1957 (Ord. 24 of 1957), including the sinking funds created for the redemption of such loans,shall be transferred to and vest in the Board without further assurance.

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(2)

Within two years from the date of the coming into operation of this Ordinance, the Minister may, by notification in the Gazette, direct that any part of the water, gas and electricity undertakings so transferred to and vested in the Board shall be transferred to and vest in the Government, and the same shall upon such direction vest in the Government.

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(3)

Any proceedings or cause of action pending or existing immediately prior to the coming into operation of this Ordinance by or against the City Council in respect of the undertakings, assets and liabilities transferred to the Board under this section, may be continued and enforced by or against the Board, as it might have been by or against the City Council had this Ordinance not come into operation.

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(4)

The value of all assets and liabilities transferred to and vested in the Board in accordance with the provisions of this Part of this Ordinance shall be accounted for on the basis of the book value of such assets and liabilities immediately prior to such transfer.

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Clause 41

Existing agreements

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All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before the coming into operation of this Ordinance, affecting any of the undertakings, assets and liabilities vested in the Board under this Ordinance, shall have as full force and effect against or in favour of the Board, and be enforceable as fully and effectually as if, instead of the City Council or any person acting on behalf of the City Council, the Board had been named therein or had been a party thereto.

Clause 42

Transfer of employees

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Upon the coming into operation of this Ordinance, every person employed in the Water, Gas and Electricity Departments of the City Council and such other persons employed by the City Council as the Minister may think fit, shall be deemed to be transferred to the service of the Board at the same rate of pay and, as near as may be, on the same conditions of service as those on which they were employed by the City Council.

Clause 43

Safeguarding of Provident Fund benefits

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(1)

Rules for the maintenance of the Municipal Provident Fund made under section 12 of the Local Government Integration Ordinance, 1962 (Ord. .... of 1962), shall be binding upon the Board and its employees.

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(2)

Until such Rules are made, the Municipal (Provident Fund) Rules, 1956, as from time to time amended, shall continue to apply to every person transferred to the service of the Board under section 42 of this Ordinance who, immediately prior to the coming into operation of this Ordinance, was a member of the Municipal Provident Fund, or would have been eligible for membership of the said Fund if he had attained the age of twenty years and had passed a medical examination of the standard prescribed, in the like manner as the said Rules applied to such persons immediately prior to the coming into operation of this Ordinance, and every reference to service or employment with the City Council in the said Rules shall be construed as a reference to service or employment with the Board in respect of such persons. [G.N. No. S 179/56.]

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(3)

Until such Rules are made, the provisions of the Municipal (Provident Fund) Rules, 1956, as from time to time amended, requiring the City Council to make payments into the Municipal Provident Fund shall apply to the Board and be construed as provisions requiring the Board to make payments into the said Fund in respect of every person referred to in subsection (2) of this section who is or who becomes a member of the said Fund.

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(4)

Persons who have been transferred to the service of the Board under section 42 of this Ordinance may count their previous service in the City Council and their previous membership of the Municipal Provident Fund and their contributions to the said Fund for the purpose of determining the benefits to which they become entitled under this section.

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Clause 44

Retirement or death of persons who are not members of the Municipal Provident Fund

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Where any person in the service of the Board who is not a member of the Municipal Provident Fund retires from or dies in the service of the Board, the Board may grant to him or to such of his dependants as the Board may think fit such allowance or gratuity as the Board may determine.

Clause 65

Power to acquire property for purposes of the Ordinance

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The Board may acquire any property or any interest therein or any easement over any immovable property for the purposes of this Ordinance.

Clause 66

Acquisition of property under the law governing acquisition of land for public purposes

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(1)

When any property or any interest therein or any easement over immovable property is required for the purposes of this Ordinance, the Yang di-Pertuan Negara, upon the application of the Board and after such inquiry as he thinks proper, may declare that the property is needed for a public purpose and may order proceedings to be taken to obtain possession of the same for the Board and except in the case where special provision is made under this Ordinance for the payment of compensation, for determining the compensation to be paid to the parties interested according to the law for the time being in force governing the acquisition of land for public purposes.

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(2)

The compensation awarded shall be paid by the Board to all parties interested.

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Clause 67

Power to sell or exchange property

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(1)

The Board may sell or exchange any property vested in it by virtue of this Ordinance or acquired by it for the purposes thereof either in block or in parcels, whichever the Board finds most convenient and advantageous to do.

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(2)

The Board shall have power to lease or let, with or without taking a premium, any property vested in or acquired by it or to grant easements, wayleaves, rights of way, temporary licences, or other rights or privileges over, under, through or in respect of any lands or buildings belonging to the Board upon such terms and conditions as the Board thinks fit.

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Clause 68

Property of the Board

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All works, apparatus, fixtures and fittings executed, erected on or affixed to land or buildings by the Board under this Ordinance shall continue to remain the property of the Board and shall not vest in the owner of the land or buildings concerned.

Clause 69

Pipes, lines, etc. not to be subject to distress, etc

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When any pipe, line or other apparatus belonging to the Board is placed in or upon any premises not being in the possession of the Board for the purpose of supplying water, gas or electricity, such pipe, line or other apparatus shall not be subject to distress nor be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession the same is.

Clause 70

Damage to property

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(1)

If any person wilfully removes, destroys or damages any property belonging to the Board or hinders or prevents such property from being used or operated in the manner in which it is intended to be used or operated, he shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five hundred dollars, and on application by the Board, a court may order the offender to pay compensation to the Board for any damage done by him.

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(2)

Any person may apprehend any other person if such other person within his view commits an offence against the provisions of this section and shall on such apprehension without unreasonable delay hand over the person so apprehended to a police officer.

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(3)

Any person who carelessly or accidentally removes, destroys or damages any property belonging to the Board or hinders or prevents such property from being used or operated in the manner in which it is intended to be used or operated shall pay by way of compensation to the Board, such sum of money not exceeding five hundred dollars as a Magistrate’s Court thinks reasonable. Nothing in this subsection shall prevent the Board from taking any legal proceedings open to it at law before any court having jurisdiction for the recovery of the full amount of the damage caused by such person.

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Clause 71

Damage to the Board’s property to be made good in addition to penalty

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(1)

If through any act, neglect or default on account whereof any person has incurred any penalty imposed under this Ordinance, any damage to the property of the Board has been committed by such person, he shall be liable to make good such damage as well as pay such penalty.

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(2)

The amount of such damage shall, in case of dispute, be determined by the court by which the party incurring such penalty has been convicted.

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(3)

The amount of such damage shall be recovered as if it were a fine imposed by the court.

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Clause 72

Entry into premises for inspection and repairs

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Any employee of the Board duly appointed for that purpose may at any time without notice enter upon and pass through, in and out of any house, building or land into, through, by, along or under which any of its mains, pipes, lines or works or any mains, pipes, lines or works connected therewith pass or are, to inspect and, if necessary, to repair, alter, take up, relay, rearrange and otherwise to deal with the same as circumstances require.

Clause 73

Penalty for damage, etc

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Any person who —

(a)

wilfully or negligently damages or suffers to be damaged, any main, pipe, line, standpipe, hydrant, cock, valve, switch, meter or other work or apparatus belonging to or under the management or control of the Board; or

(b)

lays or causes to be laid any pipe or line to communicate with any main, pipe, standpipe, hydrant or line belonging to or under the management or control of the Board without the consent of the Board; or

(c)

wastes or unlawfully draws off, diverts or takes any water, light, gas or electrical energy; or

(d)

supplies any other person with any water, light, gas or electricity supplied to him for domestic purposes, except with the consent in writing of the Board, or alters or tampers with any meter supplied by the Board,shall be liable on conviction to a fine not exceeding five hundred dollars and to a fine not exceeding fifty dollars for each day or part of a day during which any such offence is continued after the date of conviction thereof.

Clause 74

Power to enter upon lands

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(1)

The Board may, for the purposes of this Ordinance, by its employees, agents or contractors, enter at all reasonable hours in the daytime into and upon any building or land for the purpose of making any survey or inspection and for the purpose of executing any work authorised by this Ordinance to be executed by them without being liable to any legal proceedings or molestation whatsoever on account of such entry or of anything done in any part of such building or land in pursuance of this Ordinance:Provided that, except as herein otherwise provided, the Board shall not enter into any dwelling-house in actual occupation, unless with the consent of the occupier thereof, without six hours’ previous notice to such occupier.

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(2)

The Minister may declare that any class of premises for the control and supervision of which regulations may be made under this Ordinance shall be liable to night inspection, and thereupon any employee, agent or contractor in that behalf duly authorised in writing may, at any time of the day or night and without notice, enter using such force as may be necessary into and search or inspect any premises of the class specified in the declaration.

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Clause 75

Power to enter upon lands adjacent to works

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(1)

The Board may, by its employees, agents or contractors, enter upon any land adjoining to or being within the distance of one hundred yards of any works by this Ordinance authorised to be made, for the purpose of depositing upon such land any soil, gravel, sand, lime, brick, stone or other materials or for any other purposes connected with the formation of the said works without making any previous payment, tender or deposit and doing as little damage as possible in the exercise of the several powers hereby granted and making compensation for such temporary occupation or temporary damage of or to the said land to the owner and occupier thereof from time to time and as often as any such temporary occupation is taken or any such temporary damage is done and making compensation to the owner also for any permanent injury to such land.

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(2)

If any dispute arises touching the amount or apportionment of such compensation, the same shall be settled in the manner provided by section 81 of this Ordinance.

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(3)

Before the Board makes any such temporary use as aforesaid of the land adjoining or lying near to the said works, it shall give seven days’ notice in writing of its intention to the owners and occupiers of such land and shall set apart by sufficient fences so much of the land as is required to be used as aforesaid from the other land adjoining thereto.

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Clause 76

Notice of obstruction of pipe, line or other apparatus to the given to be Board

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(1)

Whenever any pipe, line or other apparatus placed in or upon any premises for the use or supply of water, gas or electricity to the occupier of such premises becomes obstructed or in any way damaged so as to cause a waste of water, gas or electricity, such occupier shall, immediately on the same coming to his knowledge, give notice thereof to the Board.

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(2)

Any such occupier who neglects to give the said notice after acquiring such knowledge shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding twenty dollars, and the supply may be summarily cut off by the order of the Board until the necessary repairs are effected.

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Clause 77

Recovery of moneys due to the Board

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(1)

If the amount of any money which is due from any person in respect of the supply of water, gas or electricity to any premises owned or occupied by him or for work done or materials provided in connection therewith, or in respect of the supply or hire of any electric motors or gas pipes or electric lines, water, gas or electrical fittings, apparatus, appliances, accessories or appurtenances thereof, is not paid within the time allowed for such payment to be made, a notice may be issued requiring the defaulter to pay the same, together with a fee of such amount as may be prescribed for the cost of issuing such notice, within seven days from the date thereof.

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(2)

If such amount and fee are not paid within the said period of seven days, a warrant may be issued by the Board to some employee of the Board named therein, directing him to levy the same and the costs of recovery, by seizure and sale of all and singular the movable property of the defaulter.

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(3)

The person to whom any such warrant is addressed may break open in the daytime any house or building for the purpose of seizing property in pursuance of such warrant.

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(4)

Such fees as may be prescribed shall be payable by way of costs in the case of the issue of a warrant for the recovery of any such debts under this section.

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(5)

The person to whom any such warrant is addressed shall make an inventory of the property seized under such warrant and shall at the same time give notice in writing to the person in possession thereof at the time of seizure that the said property will be sold.

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(6)

The property seized by virtue of any such warrant shall be sold by public auction by the person to whom such warrant is addressed or by some other person appointed by the Board at any time after the expiration of seven days from the date of such seizure, unless in the meantime the amount of the debt and the costs in the said warrant mentioned shall have been paid.

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(7)

The surplus, if any, accruing from such sale, after deducting the amount of such debt and the costs, shall be paid to the owner of the property so sold:Provided that any surplus remaining unclaimed for a period of twelve months from the date of such sale shall be paid to the credit of the Board’s fund and no person thereafter shall be entitled to demand and receive the same.

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Clause 78

Apparatus and appliances let for hire by the Board not to be subject to distress or taken in execution

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Any electric motors and any gas pipe or electric line, meter, gas or electrical apparatus, appliances, accessories, fittings and appurtenances let for hire by the Board and placed in or upon any premises not being in the possession of the Board shall not be subject to distress and shall not be taken in execution under any process of any court or in any proceedings in bankruptcy.

Clause 79

Presumption against consumer

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(1)

In any prosecution for an offence under section 73 of this Ordinance, the existence of artificial means for altering the index of any meter or for preventing any meter from duly registering the quantity of water, gas or electricity supplied, or for abstracting, consuming or using water, gas or electricity of the Board, when such meter is under the custody or control of the consumer, shall be prima facie evidence that such alteration, prevention, abstraction or consumption, as the case may be, has been fraudulently, knowingly and wilfully caused by the consumer using such meter.

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(2)

Any person who fraudulently, knowingly and wilfully abstracts, causes to be wasted or diverted, consumes or uses any water, gas or electricity of the Board shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

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Clause 80

The Board in executing works to provide convenient ways, etc

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(1)

The Board in executing any works directed or authorised to be made shall provide and make a sufficient number of convenient ways, water-courses, drains and channels in the place of such as are interrupted, injured or rendered useless by reason of the execution of such works.

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(2)

The Board shall make reasonable compensation to any person who suffers damage by reason of the same, the amount of such compensation in case of dispute to be ascertained and determined in the manner provided by section 81 of this Ordinance.

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Clause 81

Compensation, damages and costs to be determined by Magistrate’s Court or District Court

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(1)

Except as herein otherwise provided, in all cases when compensation, damages, costs or expenses are by this Ordinance directed to be paid, the amount and, if necessary, the apportionment of the same and any question of liability shall, in case of dispute be summarily ascertained and determined by a Magistrate’s Court or, if the compensation claimed exceeds one thousand dollars, by a District Court.

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(2)

If the amount of compensation, damages, costs or expenses is not paid by the party liable to pay the same within seven days after demand, such amount may be reported to a Magistrate’s Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court.

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(3)

An appeal shall lie to the High Court from any decision of a Magistrate’s Court or District Court under this section, and the provisions of the Criminal Procedure Code (Cap. 132) shall mutatis mutandis apply to all such appeals.

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Clause 82

Penalty for obstructing the Board in performance of its duty

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Any person who at any time hinders, obstructs or molests the Board or any of its employees, agents or contractors in the performance and execution of their duty or of anything which they are respectively empowered or required to do by virtue or in consequence of this Ordinance, or removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Ordinance, shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

Clause 83

Court for trial of offences under the Ordinance

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Any offence under this Ordinance or any regulations made thereunder may be tried by a District Court and, unless the context otherwise requires, by a Magistrate’s Court.

Clause 84

Employee of the Board may require evidence of identity in certain cases

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(1)

Any police officer or employee of the Board who reasonably believes that any person has committed an offence under this Ordinance or any regulations made thereunder may require such person to furnish evidence of his identity and such person shall thereupon furnish such evidence of his identity as may be required by such police officer or employee of the Board.

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(2)

The occupier of any premises shall, if required by any police officer or any employee of the Board, furnish his name and the name and address of the owner of the premises, if known.

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(3)

Any person who refuses to furnish any information required of him by any police officer or any employee of the Board under the provisions of this section or wilfully misstates such information shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding fifty dollars.

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Clause 85

Powers of arrest

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(1)

Any police officer or any employee of the Board authorised in writing by the General Manager generally or in any particular case, may arrest any person committing within his view or who he has reason to believe has committed any offence punishable under this Ordinance or any regulations made thereunder —

(a)

if the name and address of the person are unknown to him;

(b)

if the person declines to give his name and address; or

(c)

if there is reason to doubt the accuracy of the name and address given.

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(2)

A person arrested under this section may be detained until his name and address are correctly ascertained:Provided that no person so arrested shall be detained longer than is necessary for bringing him before a court unless the order of a court for his continued detention is obtained.

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Clause 86

Saving of prosecutions under other laws

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Nothing in this Ordinance shall prevent any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Ordinance or any regulations made thereunder, or from being liable under that other written law to any punishment or penalty, higher or other than that provided by this Ordinance or any regulations made thereunder:Provided that no person shall be punished twice for the same offence.

Clause 87

General penalties

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Any person guilty of an offence under this Ordinance or any regulations made thereunder for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding five hundred dollars and, in the case of a continuing offence, to a fine not exceeding fifty dollars for every day or part of a day during which the offence is continued after the date of the conviction thereof.

Clause 88

Power to make regulations

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(1)

The Board may, with the approval of the Minister, make regulations for or in respect of every purpose which is deemed by the Board necessary for carrying out the provisions of this Ordinance, for the prescribing of any matter which is authorised or required under this Ordinance to be prescribed, and in particular and without prejudice to the generality of the foregoing, for or in respect of all or any of the matters specified in the Schedule to this Ordinance.

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(2)

The Minister may, from time to time, by notification in the Gazette, add to, alter or amend the Schedule to this Ordinance.

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(3)

Any regulation may, where the circumstances of the case require, empower the Board —

(a)

to require the owner or occupier of premises, or any other person having a duty under a regulation, to execute any work or perform any act necessary in the opinion of the Board to secure compliance with such regulation or any other regulation and in default of compliance with such requirement on the part of such owner or occupier or other person, to execute such work or perform such act itself and to recover the expenses and costs incurred by it in or about the execution of such work or the performance of any such act, from such owner, occupier or other person as the case may be; or

(b)

in case of emergency or where the owner or occupier or other person having such duty cannot after due inquiry be found, to execute such work or perform such act itself without first requiring the owner, occupier or such other person as aforesaid to do so, and to recover the expenses and costs incurred by it in or about the execution of such work or the performance of such act from such owner, occupier or other person.

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(4)

The Board may in making any regulation provide that any contravention of or failure to comply with any regulation shall be an offence and may prescribe the fine with which such offence shall be punishable but so that no such fine shall exceed for any one offence the sum of five hundred dollars, or, in the case of a continuing offence, a sum not exceeding fifty dollars for every day or part of a day during which such offence is continued after the date of the conviction thereof.

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(5)

All regulations made under this Ordinance shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of the Assembly next after the expiry of one month from the date when such regulations are so presented annulling the regulations or any part thereof as from a specified date, such regulations or such part thereof as the case may be shall thereupon become void as from such date but without prejudice to the validity of anything previously done thereunder or to the making of new regulations.

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Clause 89

Repeal

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Sections 171 to 186 of the Municipal Ordinance (Cap. 133 (1936 Edition)), Part IX of the Local Government Ordinance, 1957 (Ord. 24 of 1957), and the Electricity (Rural Area) Ordinance, 1951 (Ord. 50 of 1951), are hereby repealed.

Common questions

What is Public Utilities Ordinance?
Public Utilities Ordinance is Singapore Bill, cited as Bill 179 1962, currently marked in force and first recorded in 1962.
Is Public Utilities Ordinance still in force?
Yes — Public Utilities Ordinance is currently in force.
When did Public Utilities Ordinance take effect?
Public Utilities Ordinance was first recorded in 1962.
How many clauses does Public Utilities Ordinance have?
Public Utilities Ordinance contains 89 clauses.
Where can I read the official version of Public Utilities Ordinance?
The official text of Public Utilities Ordinance is published at sso.agc.gov.sg.