Singapore legislation

Section 21

of Town Councils Act 1988

Section 21

Powers of Town Council

Amended by23/200517/201717/201717/201734/201717/201723/200517/201717/201717/201717/2017

(1)

Subject to subsections (2), (6) and (7) and sections 24 and 25, a Town Council may —

(a)

with the prior written consent of the Board, establish and maintain places and facilities on or make improvements to the common property of the residential and commercial property for the benefit of residents of housing estates of the Board within the Town;

(b)

do, with the approval of the Minister, any of the following in relation to any facility that is erected, installed or planted within the Town but is outside of the common property of the residential and commercial property in the housing estates of the Board within the Town:

(i)

erect, install or plant (including landscaping) the facility;

(ii)

demolish and relocate the facility;

(iii)

repair and maintain the facility,provided that the owner of the property on which the facility is erected, installed, planted, demolished or relocated consents;

(c)

acquire and hold property of any description if, in the opinion of the Town Council, the property is necessary for the accommodation of the Town Council or for the performance of any purpose which the Town Council is required or is permitted by this Act to perform and, subject to the terms and conditions upon which the property is held, to dispose of the property;

(d)

set such charges as the Town Council from time to time thinks fit for all or any of the following if prescribed by rules under section 82:

(i)

for use of any common property within the Town or any part of the common property;

(ii)

for use of any improvements made by the Town Council to that common property;

(iii)

for such use of any services and facilities provided by the Town Council;

(e)

appoint agents to carry out its functions under this Act;

(f)

accept gifts and donations whether of property or otherwise and whether subject to any special trust or not; and

(g)

do all such other acts as are reasonably necessary for the exercise or performance of all or any of the powers or duties of the Town Council under this Act and for the enforcement of its by-laws and perform any other function which is incidental or conducive to the attainment or furtherance of the purposes of the Town Council in accordance with the provisions of this Act.

Amended by23/200517/2017

(2)

However, nothing in subsection (1) confers any power on a Town Council to wholly remove, demolish or destroy, without the prior consent of the Board, any recreational equipment or other installation or structure that —

(a)

is situated on any common property in a housing estate within its Town; and

(b)

is not constructed by the Town Council.

Amended by17/2017

(3)

A Town Council may —

(a)

manage or maintain —

(i)

any parking place, or any market or food centre, of the Board upon terms and conditions agreed between the Town Council and the Board; or

(ii)

any market or food centre of the Government upon terms and conditions agreed between the Town Council and the Government; or

(b)

carry out such other works on any common property of the housing estates within the Town on behalf of the Board upon terms and conditions agreed between the Town Council and the Board.

Amended by17/201734/2017

(4)

A Town Council may, on the request of any statutory authority or any community-based association, and with the approval of the Minister, carry out any work on behalf of the statutory authority or association on any property within the Town upon such terms and conditions as may be agreed between the Town Council and the statutory authority or association, as the case may be.

Amended by17/2017

(5)

Nothing in subsection (3) authorises a Town Council to enter upon the property of any person within the Town unless the consent of the owner of the property has been first obtained.

Amended by23/2005

(6)

Except with the prior approval of the Minister, and despite subsection (1)(g), a Town Council for a Town has no power to carry on substantial trading or financial activities other than —

(a)

activities relating to the control, management, maintenance and improvement of the common property of the residential and commercial property in the housing estates of the Board within the Town;

(b)

activities to keep that common property in a state of good and serviceable repair and in a proper and clean condition; or

(c)

activities expressly permitted under any provision of this Act.

Amended by17/2017

(7)

Despite subsection (1)(d), a Town Council is not entitled to demand or take from —

(a)

the Board (or any of its contractors or agents) a charge for carrying out an activity on any part of the common property within the Town for which the Town Council is established, where the activity is carried out in the course of performing the functions or duties of the Board; or

(b)

any other person a charge for a use that is not prescribed by rules under section 82 for the purposes of subsection (1)(d).

Amended by17/2017

(8)

A Town Council that demands or takes a charge in contravention of subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended by17/2017

(9)

Upon conviction of a Town Council for an offence under subsection (8) for taking a charge from any person, the Court may, in addition to any penalty that may be imposed under that subsection, order the Town Council to refund to that person the charge taken.[19

Amended by17/2017
Section 21 — Town Councils Act 1988 | laws.sg