/akn/sg/act/bill/1985/4
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Requisition of Resources Bill is Singapore Bill, cited as Bill 4 1985, currently marked in force and first recorded in 1985.
Part I
Short title and commencement
This Act may be cited as the Requisition of Resources Act 1985.(2) Except for Part III, this Act shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Except for Part III, this Act shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Bringing into operation the provisions of Part III
Part III shall not come into operation except at the time and for the duration and in the manner hereinafter mentioned.
Whenever it appears to the Minister that it is necessary for the securing of the public safety or the defence of the country or the maintenance of supplies and services essential to the life of the community or for the conduct of exercises for any of the aforesaid purposes, the Minister may by order direct that all or any of the provisions of Part III shall come into operation and the provisions of that Part specified in that order shall come into operation and remain in operation for such period as may be specified in the order.
An order under this section shall not be in force for a period exceeding 7 days from the commencement of the order unless it has been made with the approval of the President.
Interpretation
In this Act, unless the context otherwise requires —“aircraft” means any flying machine whether propelled by mechanical means or not and includes any description of balloon;“armed forces” means any force constituted under the Singapore Armed Forces Act, 1972 (Act 7 of 1972);“civil defence force” means any force constituted under the Civil Defence Act (Cap. 228);“Commissioner” means the Commissioner or an Assistant Commissioner of a Compensation Board appointed under section 30(2);“Compensation Board” means a Compensation Board constituted under section 30(1);“competent authority” means any competent authority appointed under section 4;“disaster” means any fire, explosion, earthquake, oil spill, flood, storm or other happening (whether or not attributable to an act by enemy or to any warlike act) that causes or may cause loss of life or injury or destruction of or damage to property or distress to persons in Singapore or in any part of Singapore;“fair wear and tear”, in relation to any property which is requisitioned, means such fair wear and tear as might have been expected to occur but for the fact that the property was so requisitioned;“goods” means chattels other than vessels, ships, vehicles and aircraft;“land” includes land of any tenure whatsoever and buildings or part thereof and any estate or interest in or right over land;“owner”, —
in relation to any land, means a person other than the mortgagee or chargee not in possession, who is for the time being entitled to dispose of the land whether in possession or in reversion or a person holding or entitled to the rents or profits of the land under a lease or agreement the unexpired term whereof exceeds 3 years;
in relation to any property other than land, means the person entitled to sell the property, it being assumed not to be subject to any mortgage, pledge, lien or other similar obligation; and
in relation to any undertaking, means any person who, for the time being, has control of all or any property or rights of all or any business which appertains to the undertaking;“proclamation of emergency” means a Proclamation of Emergency issued under Article 150 of the Constitution of the Republic of Singapore;“property” includes movable and immovable property of any kind situate or being in Singapore;“requisition”, in relation to any property, means to take possession of the property or to require the property to be placed at the disposal of the requisitioning authority;“ship” includes every description of vessel used in sea navigation whether propelled by oars or otherwise;“Singapore ship or aircraft” means a ship or aircraft registered in Singapore;“vehicle” includes a crane, excavator, tractor or mobile construction plant;“vessel” includes a ship, boat, lighter and craft of every kind;“undertaking” includes any business, whether carried on by way of trade or not, and the activities of any body of persons, whether corporate or unincorporate.
“aircraft” means any flying machine whether propelled by mechanical means or not and includes any description of balloon;
“armed forces” means any force constituted under the Singapore Armed Forces Act, 1972 (Act 7 of 1972);
“civil defence force” means any force constituted under the Civil Defence Act (Cap. 228);
“Commissioner” means the Commissioner or an Assistant Commissioner of a Compensation Board appointed under section 30(2);
“Compensation Board” means a Compensation Board constituted under section 30(1);
“competent authority” means any competent authority appointed under section 4;
“disaster” means any fire, explosion, earthquake, oil spill, flood, storm or other happening (whether or not attributable to an act by enemy or to any warlike act) that causes or may cause loss of life or injury or destruction of or damage to property or distress to persons in Singapore or in any part of Singapore;
“fair wear and tear”, in relation to any property which is requisitioned, means such fair wear and tear as might have been expected to occur but for the fact that the property was so requisitioned;
“goods” means chattels other than vessels, ships, vehicles and aircraft;
“land” includes land of any tenure whatsoever and buildings or part thereof and any estate or interest in or right over land;
“owner”, —
in relation to any land, means a person other than the mortgagee or chargee not in possession, who is for the time being entitled to dispose of the land whether in possession or in reversion or a person holding or entitled to the rents or profits of the land under a lease or agreement the unexpired term whereof exceeds 3 years;
in relation to any property other than land, means the person entitled to sell the property, it being assumed not to be subject to any mortgage, pledge, lien or other similar obligation; and
in relation to any undertaking, means any person who, for the time being, has control of all or any property or rights of all or any business which appertains to the undertaking;
“proclamation of emergency” means a Proclamation of Emergency issued under Article 150 of the Constitution of the Republic of Singapore;
“property” includes movable and immovable property of any kind situate or being in Singapore;
“requisition”, in relation to any property, means to take possession of the property or to require the property to be placed at the disposal of the requisitioning authority;
“ship” includes every description of vessel used in sea navigation whether propelled by oars or otherwise;
“Singapore ship or aircraft” means a ship or aircraft registered in Singapore;
“vehicle” includes a crane, excavator, tractor or mobile construction plant;
“undertaking” includes any business, whether carried on by way of trade or not, and the activities of any body of persons, whether corporate or unincorporate.
Part V
Disputes on compensation to be referred to Compensation Board for determination
Any dispute as to whether any compensation is payable under this Act and as to the amount of any compensation payable under this Act shall be referred to a Compensation Board for determination in accordance with the provisions of this Act.
An application to a Compensation Board for the determination of any dispute under subsection (1) shall not be made before the expiration of 4 weeks from the making of the claim under section 28(3) or (4) unless a notification has been given to the applicant under section 28(5); and where such a notification contains a further offer by the competent authority, the person to whom it is given shall be deemed to have accepted the offer unless he makes such an application within 8 weeks from receipt of the notification.
Compensation Board
For the purpose of determining disputes as to any entitlement to, or the quantum of, compensation payable under this Act for the requisition or acquisition of any property or services or for work or services performed or carried on the direction or order of the competent authority, there shall be constituted one or more Compensation Boards consisting of a Commissioner or an Assistant Commissioner of Compensation Board and two other members selected by the Commissioner or Assistant Commissioner from the panel of members constituted in accordance with this section.
The Commissioner and an Assistant Commissioner of a Compensation Board shall be appointed by the Minister but no person shall be eligible for appointment unless he possesses the qualifications required for a District Judge under section 9(3) of the Subordinate Courts Act (Cap. 14).
The Minister may appoint such number of Assistant Commissioners as he thinks fit.
The Commissioner or an Assistant Commissioner shall hold office for a period of two years from the date of his appointment and shall be eligible for re-appointment.
For the purpose of enabling a Compensation Board to be constituted, there shall be a panel of members which shall be appointed by the Minister. The panel shall consist of such number of persons as the Minister may think fit and the name of every person appointed to the panel shall be published in the Gazette.
No person shall be eligible to be appointed or to remain a Commissioner, an Assistant Commissioner or a member of the panel if he —
is an undischarged bankrupt;
has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or
is a person found or declared under any written law to be of unsound mind.
A person appointed to the panel shall, save where his appointment is revoked by the Minister under subsection (9), be a member of the panel, unless he resigns during the period of the appointment, for a period of two years, but shall be eligible for re-appointment.
Where a person ceases to be a member of the panel, the Minister shall, as soon as is reasonably practicable, take steps to fill the vacancy, but the existence of any vacancy in the panel shall not invalidate the acts of a Compensation Board.
The Minister may at any time revoke the appointment of a member of the panel.
There shall be paid to the members of the Compensation Board such salaries, fees and allowances as the Minister may determine.
Member of Compensation Board and proceedings deemed to be public servant and judicial proceedings respectively
Every member of a Compensation Board, when and so long as he is serving on the Compensation Board, shall be deemed to be a public servant within the meaning of the Penal Code and shall enjoy the same judicial immunity as is enjoyed by a District Judge.
All proceedings before the Compensation Board under this Act shall be deemed to be judicial proceedings within the meanings of the Penal Code (Cap. 103).
Incidental powers of Compensation Board
A Compensation Board shall have the following powers:
to order persons to attend and give evidence and to produce and give discovery and inspection of documents, in like manner as in proceedings in the High Court;
to examine any witness on oath;
to award and assess, or direct the assessment of such sums by way of costs as the Compensation Board in its discretion thinks just, and in addition award costs to an unsuccessful claimant where such an award appears to the Board to be justified on the merits of the case;
to call in the aid of one or more assessors specially qualified, and hear any claim wholly or partly with their assistance;
to appoint an expert or experts to report on any matter material to the hearing of any claim; and
to determine, subject to the approval of the Minister, the remuneration, if any, of such assessors and experts.
Proceedings before Compensation Board
Proceedings before a Compensation Board shall be conducted in accordance with such directions as the Board may issue from time to time.
Where a Compensation Board is divided in opinion on a question, the question shall be decided according to the decision of the majority of the Compensation Board, and if there is no such majority decision, according to the decision of the Commissioner.
A decision of a Compensation Board shall be signed by the Commissioner and shall be delivered by him or by a member of the Board on his direction.
Decision of Compensation Board to be final
Except as provided in this section, a decision of a Compensation Board shall be final and binding on the parties.
An appeal shall lie to the High Court on any question of law arising out of a decision of a Compensation Board and on the determination of such an appeal the Court may, by order —
confirm, vary or set aside the decision of the Compensation Board; or
direct the Compensation Board to reconsider its decision on the basis of the Court’s opinion on the question of law which was the subject of the appeal,and where a direction is given pursuant to paragraph (b), the Compensation Board shall, unless the Court otherwise directs, make its order within 3 months of the date of the order.
Power of Compensation Board to state special case for decision of High Court
A Compensation Board may, at any stage of any proceeding before it, reserve for the consideration of the High Court any question of law arising in the proceeding in the form of a special case which shall —
be drawn up by the Commissioner and shall set out briefly the facts on which the law is to be applied and the question or questions of law to be determined;
be sent by the Commissioner to the Registrar of the Supreme Court; and
be set down for argument in such manner as the High Court directs.
The High Court shall hear and determine the question or questions of law arising on the special case and shall thereupon remit the matter to the Commissioner with the opinion of the Court thereon and that opinion shall be binding on the Compensation Board.
The costs of the proceeding in the High Court shall be in the discretion of the Court and may be dealt with by the order of the Court, except that no member of the Compensation Board shall be personally liable to any costs in respect thereof.
Nothing in this section shall be construed to prevent a Compensation Board from determining any question of law arising in any proceeding before it.
Competent authority
The Minister may, by notification in the Gazette, appoint any person or persons by name or by office to be the competent authority or authorities for the purposes of all or any of the provisions of this Act.
Where the holder of a designated office has been appointed to be the competent authority, then, unless express provision is made to the contrary, the appointment shall be deemed to extend to the person for the time being performing the duties of the office designated.
Authorised officers
An “authorised officer” means —
any police officer of or above the rank of sergeant;
for the purposes of all or any of the provisions of this Act, any public officer whether appointed by name or by office by a competent authority to act on its behalf;
for the purposes of all or any of the provisions of this Act, any person, or member of a class of persons, performing duties of a public nature, appointed by a competent authority to act on its behalf;
an officer or soldier of the armed forces; or
a person who is holding the rank of an officer in the civil defence force.
Authorised officers deemed to be public servants
All authorised officers shall be deemed to be public servants within the meaning of the Penal Code (Cap. 103).
Authorised officer to declare his office
Every authorised officer when acting against any person under this Act shall on demand declare his office and produce to the person against whom he is acting such identification card as the competent authority may issue to such officer.
It shall not be an offence for any person to refuse to comply with any request, demand, order or direction made or given by any authorised officer acting or purporting to act under this Act if the officer refuses to declare his office and produce his identification card on demand being made by such person.
Taking possession of land
A competent authority may, if it appears to that authority to be necessary or expedient for the defence of the country or for the maintenance of supplies and services essential to the life of the community, take or authorise in writing the taking of possession of any land and may give such directions as appear to be necessary for the taking and maintaining possession of such land and for the eviction of any person who is, enters or remains on such land without the consent of the competent authority.
Without prejudice to the generality of subsection (1), any direction given under subsection (1) may authorise any authorised officer to break open, enter forcibly and remain on any land the taking possession of which has been authorised by the competent authority and to evict forcibly from such land any persons that the competent authority may specify or any persons other than such persons as the competent authority may specify.
Whether or not any specified direction has been given under subsection (2), an authorised officer may take such steps and use such force as appears to him to be reasonably necessary for securing compliance with any direction given under subsection (1).
While any land is in the possession of a competent authority by virtue of this section, the land may, notwithstanding any restriction imposed on the use thereof (whether by any other written law or other instrument or otherwise), be used by, or under the authority of, the competent authority for the defence of the country or for the maintenance of supplies and services essential to the life of the community, and the competent authority, so far as appears to it to be necessary or expedient in connection with the taking of possession or use of the land in pursuance of this subsection, may —
do, or authorise persons using the land as aforesaid to do, in relation to the land, anything which any person having an interest in the land would be entitled to do by virtue of that interest; and
by order provide for prohibiting or restricting the exercise of rights of way over the land, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise.
The owner or occupier of any land shall, if requested by or on behalf of a competent authority so to do, furnish to such authority or person as may be specified in the request such information in his possession relating to the land (being information which may reasonably be demanded of him in connection with the execution of this section) as may be so specified.
A competent authority may, to such extent and subject to such restriction as it thinks proper, delegate all or any of its functions under this section to any specified person or class of persons.
A competent authority shall not take possession of land pursuant to this section for any period exceeding the period during which this section is in operation.
Use of land by armed forces and civil defence force
The Minister may by order authorise, subject to any restrictions and conditions imposed by the order, the use of any land specified therein for naval, military, air force or civil defence purposes, as the case may be, during such period as may be specified in the order; and any such order may, so far as appears to the Minister to be necessary or expedient for the purposes thereof, provide —
for entitling persons using any land in pursuance of the order to do such acts in relation to that land as may be specified in the order; and
for prohibiting or restricting the exercise of rights of way over that land, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise.
Any person who contravenes any order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Power to do work on land
Any member of the armed forces or the civil defence force acting in the course of his duty as such may, for any purpose connected with the defence of the country, the securing of the public safety or the maintenance of supplies and services essential to the life of the community, do any work on any land or place anything in or over any land.
No person (other than a police officer or a public officer acting in the course of his duty as such) shall, except with permission granted by or on behalf of the armed forces or the civil defence force, remove, alter or tamper with any work done, or thing placed in, on or over any land in pursuance of this section.
For the purpose of this section, the doing of work shall, in relation to any land, be deemed to include the demolition, pulling down, destruction or rendering useless of anything placed in, on or over that land, the maintenance of any work or thing in, on or over the land, and the removal from the land of anything so placed, demolished or pulled down in pursuance of this section.
Entry and inspection of land
Any member of the armed forces or the civil defence force, acting in the course of his duty as such, or any person authorised by the Minister to act under this section on producing, if so required, some duly authenticated document showing his authority may —
enter on any land for the purpose of exercising any of the powers conferred in relation to that land by any of the provisions of this Act;
enter and inspect any land for the purpose of determining whether, and, if so, in what manner, any of these powers are to be exercised in relation to the land; and
for any purpose in the public interest pass (with or without vehicles) over any land.
Requisitioning of property other than land
Subject to this section, a competent authority may, if it appears to that authority to be necessary or expedient so to do in the defence of the country, or for the securing of the public safety or the maintenance of supplies and services essential to the life of the community, or for the conduct of exercises for the aforesaid purposes, requisition —
any chattel in Singapore; and
any Singapore ship or aircraft or anything on board a Singapore ship or aircraft, wherever the ship or aircraft may be,and may give such directions as appear to the competent authority to be necessary or expedient in connection with the requisition.
Where any chattel is requisitioned under this section, a competent authority may use or deal with or authorise the use or dealing with the chattel for such purposes and in such manner as the authority thinks fit and may hold, or sell or otherwise dispose of, the chattel as if the authority were the owner thereof and as if the chattel were free from any mortgage, pledge, lien or other similar obligation, and, in a case where the chattel requisitioned is a vehicle, vessel or aircraft, may acquire it by serving on the owner thereof a notice stating that the authority has acquired it in pursuance of this section. When a notice of acquisition has been served, then, at the beginning of the day on which the notice is served —
the vehicle, vessel or aircraft shall vest in the Government free from any mortgage, pledge, lien or other similar obligation; and
the period of the requisition thereof shall end.
Without prejudice to the powers conferred by subsections (1) and (2), the competent authority may by order require the owners of, and the persons having power to dispose of, chattels of any description specified in the order, being chattels situate outside Singapore, to comply with such directions as may be given by or on behalf of the competent authority for the purpose of securing that the ownership of such chattels or the right to dispose thereof is transferred to the competent authority.
A competent authority may, if it appears to that authority to be necessary for the effectual exercise of its powers under subsection (1) so to do, by order —
direct that no person who, at the time when the order takes effect, has in his possession or under his control, at any premises, any such articles as may be described in the order, shall remove the articles, or cause or permit them to be removed, from the premises until the removal of the articles therefrom is permitted by such authority or person as may be specified in the order;
require the owner or occupier of any premises to send to such authority or person as may be specified in the order a written declaration stating or estimating whether or not, on such date as may be specified in the order, any such articles as aforesaid were or will be on the premises, and, if so, the number or quantity of those articles which was or will be on the premises on that date, according as the order may direct.
In any case in which the chattel requisitioned is a chattel other than a vehicle, vessel or aircraft, such chattel shall, as soon as possession thereof is taken in pursuance of this section, vest in the Government free from any mortgage, pledge, lien or other similar obligation.
Where a competent authority has issued its notice of requisition in respect of any chattel, such chattel shall be furnished by the owner and the person having the possession, custody or control thereof to the competent authority or to such persons as such authority shall appoint for the purpose forthwith or (if such is the case) within such period as may be mentioned in the requisition. On any refusal or neglect to furnish such property in the manner aforesaid, or if the competent authority has reasonable ground for believing that it is not practicable without undue delay to give any direction for the property requisitioned to be furnished or delivered to the competent authority, then the competent authority or any authorised officer acting on behalf of such authority may take possession (and if need be may enter any premises by force for the purpose) of the property requisitioned and may use the same in like manner as if it had been furnished in pursuance of the requisition. Payment for the same shall nevertheless be made in like manner as if the property had been duly furnished according to the requisition provided that the property specified in the requisition shall not be deemed to have been furnished except in so far as possession is taken by or by the direction of the competent authority.
Where the Accountant-General is satisfied that any vehicle in respect of which a licence to keep has been granted has, in exercise of the powers conferred by this section, been acquired before the expiration of the period of the validity of such licence, the Accountant-General may authorise the refund to the person who at the date of such acquisition was the owner of the vehicle of a proportionate part of the fee paid for such licence in respect of such part of the period of its validity as remained unexpired at the date aforesaid, if a claim for such refund is made to him in writing by such person not later than 3 months after the date when such vehicle was acquired as aforesaid.
A competent authority may, to such extent and subject to such restrictions as it thinks proper, delegate all or any of its functions under subsections (1) and (2) to any persons or class of persons specified by the competent authority.
The Commissioner of Police shall, on a request to that effect made by or on behalf of the authorised officer to whom an order is issued to requisition chattels, give instructions for securing that so far as practicable police officers will be available, if required, for accompanying authorised officers requisitioning chattels in pursuance of the order.
The authorised officer to whom the requisitioning order is issued, or any member of the armed forces or civil defence force authorised by him in writing, may without warrant stop and search any vehicle, vessel or aircraft with a view to ascertaining whether such vehicle, vessel or aircraft is to be requisitioned.
The powers conferred by this section for the purpose of conducting exercises for the purposes mentioned in subsection (1) shall be exercisable only in relation to vehicles, vessels or aircraft.
In this section, “chattel” includes any substance, machine, equipment, vessel, aircraft or vehicle but shall not include currency, gold, securities or negotiable instruments.
Period for which vehicles, etc., are to be requisitioned
Where a vehicle, vessel or aircraft is requisitioned pursuant to section 12, the period for which it is requisitioned shall not exceed the duration for which that section is in operation.
Requisitioned vehicle, vessel or aircraft to be kept in good order pending delivery to competent authority
The owner and all persons having charge or custody of a vehicle, vessel or aircraft in respect of which notice of requisition has been given shall preserve and keep the vehicle, vessel or aircraft in good order and condition pending delivery to the competent authority.
Special powers as to ships and aircraft
Subject to this section, a competent authority may require any space or accommodation in any Singapore ship or aircraft to be placed at the disposal of the competent authority, and may give such directions as appear to the competent authority to be necessary or expedient in connection with any such requirement; and if any directions given under this subsection with respect to any ship or aircraft are contravened or not complied with, the master of the ship or the pilot of the aircraft, as the case may be, and the person having the management thereof, shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Where, in respect of any ship or aircraft, there subsists between a person to whom this section applies and any other person a charter-party or other contract under which the first-mentioned person is entitled to possession of the ship or aircraft, or has the right to have any articles carried in the ship or aircraft or to use any space or accommodation in the ship or aircraft, the competent authority may serve on the first-mentioned person, in any manner appearing to the competent authority to be convenient, a notice stating that on such date as may be specified in the notice his rights and liabilities under the contract will be transferred to the competent authority; and in that event the contract shall, as regards any rights exercisable, or liabilities incurred, on or after the said date, have effect (subject to subsection (4)) as if the competent authority were a party to the contract instead of the person on whom the notice was served, and as if for any reference in the contract to that person there were substituted a reference to the competent authority.
The persons to whom subsection (2) applies are —
every citizen of Singapore; and
every corporation incorporated in Singapore.
The competent authority may at any time cancel a notice served under subsection (2) in respect of a contract, and thereupon the said subsection shall, unless and until a further notice is served thereunder in respect of that contract, cease to operate in relation to the contract as regards any rights exercisable, or liabilities incurred, on or after the date on which the cancellation takes effect. Notice of any such cancellation shall be given as soon as may be by the competent authority in such manner as that authority thinks best for informing the person concerned.
The competent authority may, to such extent and subject to such restrictions as it thinks proper, delegate all or any of its functions under subsections (1) to (4) to any specified persons or class of persons.
Competent authority may require undertakings to carry out work
A competent authority may, if it appears to that authority to be necessary or expedient so to do in the interests of the public safety, the defence of the country, or for maintaining supplies and services essential to the life of the community, or for carrying out exercises for any of the aforesaid purposes, direct any person carrying on any undertaking to perform any service or carry out any work for the competent authority or for such persons or class of persons as may be specified by the competent authority for such period as may be specified by the authority.
Any direction given under subsection (1) shall not require any person to perform any work or service beyond the period during which this section is in operation.
Competent authority may require persons to carry out work in a disaster, etc.
A competent authority may, if it appears to that authority to be necessary for any works or operations to be carried out to deal or cope with a disaster, direct any person to carry out or assist in any such works or operations.
Where a vehicle, vessel or aircraft is requisitioned by a competent authority under the provisions of this Act, the competent authority may direct the driver, operator or crew of the vehicle, vessel or aircraft to render such service as the competent authority may require.
Any direction given under subsection (1) or (2) shall not, unless a proclamation of emergency is in force, require any person to perform any work for a period exceeding 7 days or exceeding the period during which this section is in operation, whichever is shorter.
No employer shall dismiss his employee solely or mainly by reason of any duties or service which the employee is required by a competent authority to perform pursuant to this section unless the employee is employed only for an agreed definite period.
Compensation under this Act
Where under this Act —
possession of any land has been taken by or on behalf of a competent authority;
any land has been used or occupied by or on behalf of the armed forces or civil defence force or an authorised officer;
any property other than land has been requisitioned or acquired by or on behalf of the armed forces or civil defence force or a competent authority;
any work has been done on any land by the armed forces or the civil defence force otherwise than by way of measures taken to avoid the spreading of damage caused by disasters or emergencies; or
any service or work has been performed for or on behalf of the competent authority by any person,then, subject to the provisions of this Act, compensation assessed in accordance with this Act shall be paid out of moneys provided by Parliament in respect of the possession, use or occupation of land, the requisition or acquisition of the property, or the requisition of the service, or the rendering of any service or the performance of any work by any person, as the case may be.
For the purposes of this section, a requirement that any space or accommodation in a ship or an aircraft be placed at the disposal of the competent authority shall be deemed to be a requisition of property.
Compensation in respect of taking possession of land, etc.
The compensation payable under this Act in respect of the possession, use or occupation of any land shall be the aggregate of the following sums:
a sum equal to the rent which might reasonably be expected to be payable by a tenant in occupation of the land, during the period for which possession of the land is retained or during the period such land is used or occupied in the exercise of the powers conferred by this Act, under a lease granted immediately before the beginning of that period, whereby the landlord undertook to pay all property tax and to bear the cost of the repairs and insurance and the other expenses, if any, necessary to maintain the land in a state to command that rent;
a sum equal to the cost of making good any damage to the land which may have occurred during the period for which possession thereof is so retained or during the period such land is used or occupied (except in so far as the damage has been made good during that period by a person acting on behalf of the Government), no account being taken of fair wear and tear or damage caused by disaster or war operations; and
a sum equal to the amount of any expenses reasonably incurred, otherwise than on behalf of the Government, for the purpose of compliance with any directions given on behalf of the Government in connection with the taking possession of or the use or occupation of the land:Provided that —
in computing for the purposes of paragraph (a) the rent which might reasonably be expected to be payable in respect of any land, and in computing for the purposes of paragraph (c) any amount which might reasonably have been expected to be payable in addition to rent by an incoming tenant, no account shall be taken of any appreciation of values due to the exercise of the powers under this Act; and
there shall not, by virtue of paragraph (b), be payable in respect of damage to any land a sum greater than the value of the land at the time when possession, use or occupation thereof was taken in the exercise of the powers conferred by this Act, no account being taken of any appreciation in the value thereof due to the events which led to the exercise of those powers.
Any compensation under subsection (1)(a) shall be considered as accruing due from day to day during the period for which the possession of the land is taken or the land is used or occupied in the exercise of the powers under this Act, and be apportionable in respect of time accordingly, and shall be paid to the person who for the time being would be entitled to occupy the land but for the fact that possession thereof is retained or the land is used or occupied in the exercise of such powers; but this subsection shall not operate so as to require the making of payments at intervals of less than 3 months.
Any compensation under subsection (1)(b) shall accrue due at the end of the period for which possession of the land is retained or the land is used or occupied in the exercise of the powers under this Act and shall be paid to the person who is then the owner of the land.
Any compensation under subsection (1)(c) shall accrue due at the time when possession of the land is taken or the land is used or occupied in the exercise of the powers under this Act, and shall be paid to the person who, immediately before that time, was the occupier of the land.
Any compensation under subsection (1)(c) shall accrue due at the time when the expenses in respect of which the compensation is payable are incurred, and shall be paid to the person by whom or on whose behalf those expenses were incurred.
Compensation in respect of the doing of work on land
Compensation under this Act in respect of the doing of any work on any land shall be payable only if the annual value of the land is diminished by reason of the doing of the work.
The compensation payable under this Act in respect of the doing of any work on any land shall, in the first instance, be a sum calculated by reference to the diminution of the annual value of the land ascribable to the doing of the work, and shall be paid in instalments, quarterly in arrear, to the person who for the time being is entitled to occupy the land.
Any compensation under subsection (2) shall be considered as accruing due from day to day, and shall be apportionable in respect of time accordingly.
If, at any time after compensation under subsection (2) has become payable by reason of the doing of any work on any land, a person acting on behalf of the competent authority —
causes the land to be restored, so far as practicable, to the condition in which it would be but for the doing of the work; or
serves on the person for the time being entitled to occupy the land a written notice of intention to discharge the liability for the compensation by making, not earlier than a date specified in the notice, payment of a lump sum in accordance with this section,the period in respect of which compensation is payable under subsection (2) by reason of the doing of the work shall end with the date immediately preceding the date on which the restoration is completed or, as the case may be, the date specified in the notice.
Where, by virtue of the operation of subsection (4) in relation to any work done on any land, the period in respect of which compensation under subsection (1) is payable by reason of the doing of the work comes to an end, then if, at the expiration of that period, the value of any estate or interest which a person then has in the land is less than it would be but for the doing of the work, there shall be paid to him, by way of compensation under this Act, a sum equal to the amount of the said depreciation in the value of the estate or interest; and that compensation shall be taken to accrue due at the expiration of the said period.
As soon as may be after effecting any restoration or serving any notice in pursuance of subsection (4), the person by whom the restoration was effected or the notice was served shall cause the fact of the restoration or the contents of the notice, as the case may be, to be published in such manner as he thinks best adapted for informing persons affected.
In determining for the purposes of this section whether the annual value of any land is diminished by reason of the doing of any work thereon, and in assessing any compensation under this section in respect of the doing of any work on any land, it shall be assumed that the land cannot be restored to the condition in which it would be but for the doing of the work.
For the purposes of this section, no account shall be taken of any diminution or depreciation in value ascribable only to loss of pleasure or amenity.
In this section —
“annual value” , in relation to any land, means the rent at which the land might reasonably be expected to let from year to year, if the landlord undertook to bear the costs of the repairs and insurance and the other expenses, if any, necessary to maintain the land in a state to command that rent; and
“diminution of the annual value”, in relation to the doing of any work on any land, means the amount by which the annual value of the land is less than it would be if the work had not been done.
Compensation in respect of requisition or acquisition of vehicles, vessels and aircraft
Subject to this section, the compensation payable under this Act in respect of the requisition of any vehicle, vessel or aircraft shall be the aggregate of the following sums:
a sum equal to the amount which might reasonably be expected to be payable by a person for the use of the vehicle, vessel or aircraft during the period of the requisition, under a charter or contract of hiring whereby he undertook to bear the cost of insuring, maintaining and running the vehicle, vessel or aircraft;
a sum equal to the cost of making good any damage to the vehicle, vessel or aircraft not resulting in a total loss thereof, which may have occurred during the period of the requisition, no account being taken of fair wear and tear; and
in a case where, during the period of the requisition, a total loss of the vehicle, vessel or aircraft occurs, a sum equal to the value of the vehicle, vessel or aircraft immediately before the occurrence of the damage which caused the loss.
In computing for the purposes of subsection (1)(a), the amount which might reasonably be expected to be payable for the use of any vehicle, vessel or aircraft, no account shall be taken of any appreciation in the value thereof due to any disaster or war, whether actual or imminent.
No compensation shall by virtue of this section be payable in respect of any loss of, or damage to, any vehicle, vessel or aircraft arising in consequence of any disaster or war operations, unless it is shown that, at the time when the loss or damage occurred, the risk of the vehicle, vessel or aircraft being lost or damaged in consequence of the disaster or war operations was materially increased by reason of the requisition thereof in the exercise of any power under this Act.
Any compensation under subsection (1)(a) shall be considered as accruing due from day to day during the period for which the vehicle, vessel or aircraft is requisitioned in the exercise of any power under this Act, and be apportionable in respect of time accordingly, and shall be paid to the person who, at the time when the compensation accrues due, is the owner of the vehicle, vessel or aircraft.
Where, on the day on which any compensation accrues due by virtue of subsection (1)(a), a person other than the owner of the vehicle, vessel or aircraft is, by virtue of a subsisting charter or contract of hiring, the person who would be entitled to possession of, or to use, the vehicle, vessel or aircraft but for the requisition, the person to whom the compensation is paid shall be deemed to receive it as a trustee for the first-mentioned person.
Any compensation under subsection (1)(b) or (c) shall accrue due at the end of the period of the requisition, and shall, subject to the provisions of this Act, be paid to the person who is then the owner of the vehicle, vessel or aircraft.
For the purposes of this section, “total loss” shall have the same meaning as it has for the purposes of the law relating to insurance, and accordingly shall be construed as including constructive total loss; and upon the payment to any person of any compensation which has become payable by virtue of subsection (1)(c) in respect of any loss, the Government shall have the same right to take over an interest in whatever remains of the vehicle, vessel or aircraft, and the same rights and remedies in and in respect of the vehicle, vessel, or aircraft, as it would have if the payment had been made by the Government as the insurer under a contract insuring that person against the loss.
The compensation payable under this Act in respect of the acquisition of any vehicle, vessel or aircraft shall be a sum equal to the value of the vehicle, vessel or aircraft immediately before the acquisition, no account being taken of any appreciation due to any disaster or war, whether actual or imminent, and shall, subject to the provisions of this Act, be paid to the person who is then the owner of the vehicle, vessel or aircraft.
For the purpose of assessing any compensation under subsection (8) in respect of the acquisition of any vehicle, vessel or aircraft, no account shall be taken of any compensation under subsection (1)(a) or (b) which may have become payable in respect of the requisition of that vehicle, vessel or aircraft.
Where, at any time during the period for which a vehicle, vessel or aircraft is requisitioned by or on behalf of the competent authority in the exercise of any power under this Act, a written notice stating that the vehicle, vessel or aircraft is to be treated as acquired by or on behalf of the competent authority is served on the owner thereof by the competent authority, then, for the purposes of this section, the vehicle, vessel or aircraft shall be deemed to have been acquired by or on behalf of the competent authority in the exercise of any power under this Act immediately before the day on which the written notice was served and the period of requisition shall be deemed to have ended at the time when the acquisition of the vehicle, vessel or aircraft as aforesaid is deemed by virtue of this subsection to have been effected.
Compensation in respect of taking space or accommodation in ships and aircraft
The compensation payable under this Act in respect of any requirement that any space or accommodation in a ship or an aircraft be placed at the disposal of the competent authority shall be the aggregate of the following sums:
a sum equal to the amount which might reasonably be expected to be payable for the use of that space or accommodation during the period for which it is at the disposal of the competent authority by virtue of that requirement, no account being taken of any appreciation of values due to any disaster or war, whether actual or imminent; and
a sum equal to the amount of any expenses reasonably incurred for the purpose of compliance with any directions given by the competent authority in connection with the requirement.
Any compensation under subsection (1)(a) shall be considered as accruing due from day to day during the period for which the space or accommodation remains at the disposal of the competent authority and be apportionable in respect of time accordingly, and shall be paid to the person who, at the time when the compensation accrues due, is the owner of the ship or aircraft.
Where, on the day on which any compensation accrues due by virtue of subsection (1)(a), a person other than the owner of the ship or aircraft is, by virtue of a subsisting charter or contract of hiring, entitled to possession of, or to use, the ship or aircraft, or is, by virtue of a subsisting contract, the person who would be entitled to use the space or accommodation but for the requirement in respect of which the compensation is payable, the person to whom the compensation is paid shall be deemed to receive it as a trustee for the first-mentioned person.
Any compensation under subsection (1)(b) shall accrue due at the time when the expenses in respect of which the compensation is payable are incurred, and shall be paid to the person by whom or on whose behalf those expenses were incurred.
Compensation in respect of requisition or acquisition of goods other than vessels, vehicles and aircraft
Subject to this section, the compensation payable under this Act in respect of the requisition or acquisition of any goods shall be a sum equal to the price which the person who, immediately before the requisition or acquisition, was the owner of the goods might reasonably have been expected to obtain upon a sale of the goods then effected by him, regard being had to the condition of the goods at the time and no account being taken of any appreciation in the value of the goods due to any disaster or war, whether actual or imminent.
Any compensation under subsection (1) shall not —
in a case where the owner of the goods, immediately before the requisition or acquisition, was a person who had produced the goods with a view to the sale thereof, exceed the aggregate of —
the cost reasonably incurred by that person in producing the goods; and
the profit which he might reasonably have been expected to make on a sale of the goods effected by him immediately before the requisition or acquisition; or
in a case where the owner of the goods, immediately before the requisition or acquisition, was some person other than the producer of the goods, and the goods had been bought by that person with a view to the sale thereof, exceed the aggregate of —
the price which it was reasonable for him to pay for the goods when they were so bought by him; and
the profit which he might reasonably have been expected to make on a sale of the goods effected by him immediately before the requisition or acquisition,and, in assessing such compensation in any other case, no account shall be taken of any profit which might be expected to be made on a sale of the goods.
If, at the time when any goods are requisitioned or acquired by or on behalf of the competent authority in the exercise of any power under this Act, the price or maximum price at which such goods may be sold is fixed by law, subsection (2) shall not be taken to authorise the assessment, by way of compensation under subsection (1) in respect of the requisition or acquisition, a sum exceeding that price or maximum price, as the case may be.
In subsection (2), the reference to a person who had produced the goods with a view to the sale thereof, and the reference to the producer of the goods, shall be construed as including a reference to his personal representative or any person carrying on business in succession to him by virtue of any assignment or transmission by operation of law.
The compensation payable under this Act in respect of the requisition or acquisition of any goods shall include a sum equal to the amount of any expenses reasonably incurred for the purpose of compliance with any directions given by or on behalf of the competent authority in connection with the requisition or acquisition.
Any compensation under subsection (1) shall accrue due at the time of the requisition or acquisition of the goods, and shall, subject to the provisions of this Act, be paid to the person who is then the owner of the goods.
Any compensation under subsection (5) shall accrue due at the time when the expenses in respect of which the compensation is payable are incurred and shall be paid to the person by whom or on whose behalf those expenses were incurred.
Provisions as to property subject to hire-purchase agreements
In a case where any property in respect of the requisition or acquisition of which compensation is required by the provisions of this Act to be paid to the person who is the owner of the property immediately before the requisition or acquisition, is then in the possession of some other person by virtue of a hire-purchase agreement, that person may, by a notice given in the prescribed form and manner to the competent authority, within the period limited by this Act in relation to the making of any claim by the owner for payment of the compensation, make a claim to have apportioned to it such part of the compensation as may be specified in his claim; and, in default of agreement between the parties, the last-mentioned claim shall notwithstanding any written law be referred to a Compensation Board by the owner, and thereupon the Board may apportion the compensation between the owner and the other person in such manner as appears to it to be just.
Provisions as to property subject to mortgages, pledges, etc.
Where any sum by way of compensation is paid in accordance with any provisions of this Act requiring compensation to be paid to the owner of any property, then, if at the time when the compensation accrues due, the property is subject to any mortgage, pledge, lien or other similar obligation, the sum so paid shall be deemed to be comprised in that mortgage, pledge, lien or other obligation.
Compensation to other persons interested in property requisitioned
Where any person (referred to in this section as a person interested) other than the person by whom any property is required to be requisitioned or acquired has any interest in the property —
the person by whom the property is required to be requisitioned or acquired shall notify any person known to him to be a person interested that the property has been requisitioned or acquired, as the case may be; and
any person interested shall be entitled to recover from the person by whom the property has been requisitioned or acquired such part, if any, of the compensation received by him for the property as may be just.
Compensation in respect of the requisition of services
The compensation payable under this Act in respect of the requisition of any services shall be in accordance with this section.
Where the person from whom any service had been requisitioned —
is employed under a contract of service, he shall be paid the rate of remuneration payable to him under that contract on the day immediately preceding the date of the requisition of his service;
is a self-employed person, he shall be paid such remuneration as would have been derived from the employment had his service had not been requisitioned;
is unemployed on the day his service was requisitioned, he shall be paid such reasonable remuneration as may be fixed by the competent authority; or
is an undertaking, that undertaking shall be paid such reasonable remuneration as may be fixed by the competent authority.
In computing the remuneration under subsection (2)(a), the competent authority may disregard any allowances, ex gratia payments or other benefits claimed by the person whose service had been requisitioned unless he is satisfied that such allowances, ex gratia payments and other benefits, had been paid to or enjoyed by the person for a period of 6 months immediately before the date of the requisition of his service.
No compensation shall be payable to any person under subsection (2)(a) or (b), where the contract of service of the person would have been terminated by reason of any emergency or war operations, or where the self-employed person would not have derived or be expected to derive any income by reason of any disaster or war operations; and in any such event, the person shall be paid a remuneration in accordance with subsection (2)(c).
In computing the remuneration under subsection (2)(d), the competent authority shall have regard to the following:
the expenses incurred by the undertaking in providing the service; and
the profits that might reasonably be expected to be made by an undertaking in providing the service,and no account shall be taken in respect of paragraph (a) of any appreciation in the value of the services or products due to a disaster or war operations.
In this section, “service” includes any work carried out or performed for the competent authority.
Receipt of and notification of damage to property requisitioned or acquired
As soon as may be practicable after the requisition or acquisition of any property or service, there shall be given or sent to the person by whom it was requisitioned or acquired, by such person and in such form and manner as may be specified by instructions of the competent authority, a receipt for the property or service specifying what compensation, at what rate or of what amount, is offered in respect of the requisition or acquisition thereof.
As soon as may be practicable after the end of the period of requisition of any property, there shall be given or sent to the person by whom the property was requisitioned, by such person and in such form and manner as aforesaid, a notice stating whether any, and if so what, damage to the property has occurred during the period of requisition (other than damage which has been made good by the competent authority) or that the total loss of the property has occurred, and specifying what compensation is offered in respect of the damage or loss under this Act.
A person to whom a receipt or notice under this section has been given or sent (referred to in this Act as the claimant) shall be deemed to have accepted the offer contained therein unless within 4 weeks from the time at which he received the receipt or notice he gives notice to the competent authority that he claims some specified greater amount or rate.
Where a notice under subsection (2) has been given or sent stating that no damage has occurred to any property during the period of requisition, the claimant shall be deemed to have agreed that no damage has so occurred unless within 4 weeks from the time at which he received the notice he gives notice to the competent authority claiming that damage has so occurred and stating what compensation he claims under this Act in respect of the damage.
On the receipt of a claim under subsection (3) or (4), the competent authority may notify the claimant that he does not propose to make any further offer or that the authority makes a specified further offer.
The instructions of the competent authority referred to in this section shall secure that any receipt or notice under this section, or any notification under section 29(2), contains a statement of the effect of subsections (3) and (4) or, as the case may be, of section 29(2).
Before making any compensation under this Act, the competent authority may require reasonable particulars of the damage to any property requisitioned and of the circumstances in which it occurred and may require a reasonable opportunity to be afforded to a person authorised by him to inspect the property.
Nothing in this Part shall operate so as to require the making of any payment of compensation before the end of the period of requisition of any property or services.
Compensation payable apart from this Act
The provisions of this Act shall be without prejudice to any agreement for the making of any payment (whether by way of compensation or otherwise) in respect of the doing of anything on behalf of a competent authority in the exercise of the powers conferred upon the competent authority by this Act; but where compensation in respect of the doing of anything of the aforesaid would, apart from this section, be payable both under this Act and some other written law, then subject to such agreement as aforesaid, the compensation will be payable in accordance with this Act and not otherwise.
Establishment of manpower register
A competent authority shall cause to be kept and maintained a register of all persons in Singapore and of citizens of Singapore residing overseas who are required to be registered under this Act and any person who is so required to be registered under this Act shall furnish to the competent authority such particulars about himself as is required by this Act.
The register shall be in such form and shall contain such particulars as the Minister may require.
Competent authority may require undertakings to furnish returns
For the purpose of obtaining information on the availability of manpower and other resources for the defence of the country, a competent authority may issue requisitions to any person carrying on any undertaking to furnish particulars and supply any information in relation to any matter which are required to be furnished to the competent authority by this Act.
A requisition shall be in writing and shall be served upon the person to whom it is addressed in the manner specified in section 41 and shall specify the particulars of information required.
A requisition may —
specify the form in which and the time within which the particulars and information are to be furnished;
require the particulars and information to be furnished periodically at or within such time or times and in such form or forms as are specified in the requisition; and
specify the place or manner at or in which the particulars and information are to be delivered.
No person shall be bound to furnish any particulars or information other than those which are accessible to him in or derived by him from any business, occupation or work in the conduct or supervision of which he is engaged.
Any person who fails to furnish any information to the competent authority pursuant to a request made by the competent authority under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Modifications to vehicles, vessels or aircraft for defence purposes
Subject to subsections (2) and (3), a competent authority may direct the owners of vehicles, vessels or aircraft to carry out such modifications or install any equipment to their vehicles, vessels or aircraft which are useful for defence purposes.
The competent authority shall pay for the cost of any modifications or any equipment directed to be carried out or installed to a vehicle, vessel or aircraft pursuant to this section.
The owner of a vehicle, vessel or aircraft shall not be required to make any modification or install any equipment which would render his vehicle, vessel or aircraft unfit for the purpose for which the vehicle, vessel or aircraft is being used by the owner.
Record and inspection of vehicles, etc.
The Minister may make regulations to require persons having in their possession vehicles, vessels or aircraft, if required so to do by such competent authority or person as may be specified in the regulations —
to furnish to such authority or person as may be so specified a return containing such particulars as to the vehicles, vessels or aircraft, as may be required by or under the regulations; and
to afford all reasonable facilities for enabling any such vehicles, vessels or aircraft, in their possession to be inspected and examined, at such times as may be specified by or under the regulations, by such authority or person as may be so specified.
Without prejudice to any penalty under section 45, if any person is obstructed in the exercise of powers of inspection conferred on him by regulations made under this section a Magistrate may, if satisfied by information on oath that the person has been obstructed, issue a search warrant authorising an authorised officer named therein, accompanied by the said person, to enter the premises in respect of which the obstruction took place and to inspect any vehicles which may be found therein.
Service of orders, notices and requisitions
Orders, notices and requisitions required to be served, given or issued under this Act may be served as follows:
if the person on whom service is to be effected is within Singapore, the order, notice or requisition may be delivered to him or left at his last-known address;
if the person on whom service is to be effected has an agent within Singapore, the order, notice or requisition may be delivered to the agent;
by registered post addressed to the person on whom service is to be effected at his last-known address;
where service is to be effected on a firm, the order, notice or requisition may be —
served upon any one or more of the partners; or
left at the principal place of business of the firm;
where service is to be effected on a company or corporation, the order, notice or requisition may be —
left at the registered office of the company or corporation;
delivered to any director, manager or the secretary of the company or corporation or to any person having, on behalf of the company or corporation, powers of control or management over the business, occupation, work or matter to which the requisition relates; or
sent by registered post addressed to the company or corporation at its registered office.
Vehicles used for the purposes of this Act
When Part III is in force, any person who is in possession of a certificate or document issued to him by a competent authority authorising him to drive or requisition a vehicle of a class or description specified in such certificate or document may drive any such vehicle requisitioned under this Act or hired for the purposes of the armed forces or the civil defence force and the aforesaid certificate or document shall be deemed to be a driving licence for the purposes of section 14 of the Road Traffic Act (Cap. 92).
A person using any vehicle pursuant to a requisitioning order under this Act shall be deemed, as respects any claim in respect of injury or damage to any other person or property, to be so using the vehicle as a servant of the Government.
Liability of Government for person ordered to carry out work
Any person carrying out any work pursuant to a direction issued by the competent authority under section 17 shall be deemed, as respects any claim in respect of death or injury sustained by him, to be a servant of the Government.
Powers of arrest
Any police officer or any authorised officer may without a warrant arrest any person who has committed an offence under this Act or any regulations made thereunder.
Where a person is arrested and not released, he shall without reasonable delay and in any case within 24 hours (excluding the time of any necessary journey) be produced before a Magistrate.
In any case relating to the commission of an offence under this Act or any regulations made thereunder, an authorised officer shall have all the powers of a police officer under the Criminal Procedure Code (Cap. 113) in relation to an investigation into a seizable offence.
Offences
Any person who —
fails to furnish any chattel which he is directed to furnish in pursuance of a requisitioning order, or fails to furnish any such chattel at the time and place at which he is directed to furnish it;
refuses or without lawful excuse neglects to furnish any information which under this Act or the regulations made thereunder is to be furnished within the time within which it is to be furnished;
knowingly furnishes or causes to be furnished any information required to be furnished under this Act or the regulations made thereunder which is false in any material particular;
refuses to answer, or wilfully gives a false answer to, any question necessary for obtaining any information or particulars required to be furnished under this Act or the regulations made thereunder;
being a person liable to be registered under this Act, fails to register or fails to register within the prescribed time;
refuses, or without lawful excuse neglects, to attend at any place or time at which his attendance is required under this Act;
wilfully obstructs any person in the discharge of his duties under this Act or the regulations made thereunder; or
contravenes or fails to comply with any provision of this Act, or any order or direction made or given by a competent authority or any requirement imposed under any provision of this Act,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Offences by corporations
Where a body corporate is guilty of an offence under this Act or any regulations made thereunder and that offence is proved to have been committed with the consent or connivance of or attributable to, any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Jurisdiction of District and Magistrate’s Court
Notwithstanding any written law a District Court or Magistrate’s Court shall have jurisdiction to try any offence under this Act and to impose the maximum penalty provided for by this Act.
Regulations
The Minister may make regulations for any purpose for which regulations may be made under this Act and for prescribing anything which may be prescribed under this Act and generally for the purpose of carrying this Act into effect.
Without prejudice to the generality of the foregoing powers, the Minister may make regulations with respect to any of the following matters or for any of the following purposes:
for requiring persons to register under this Act and to supply such particulars about themselves as may be prescribed by the regulations and to report to registration centres established for the purposes of this Act;
for requiring persons carrying on any undertaking to allow authorised officers to enter and inspect their premises for the purpose of verifying the returns given to the competent authority under this Act;
for and any incidental matters for which the Minister thinks it expedient to provide with a view to securing compliance with the requirements of or any directions or orders given or made under this Act.
All regulations made under this Act shall be published in the Gazette and shall be presented to Parliament 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 Parliament 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.