Port of Singapore Authority Act

“animal” means any animate thing of every kind except human beings;

“Authority” means the Port of Singapore Authority established under section 4;

“Authority pilot” means a pilot employed by the Authority pursuant to section 86;

“beacon” means a prominent specially constructed object forming a conspicuous mark as a fixed aid to navigation;

“buoy” includes a floating object of any size, shape and colour which is moored to the seabed and serves as an aid to navigation or for other specific purposes;

“Chairman” means the Chairman of the Authority for the time being and includes any Deputy Chairman appointed by the Minister under the provisions of this Act;

“container” means a receptacle 6.1 metres or more in length equipped with corner castings to facilitate handling by mechanical equipment;

“dock” means an artificial excavation or construction in which vessels can be placed for loading, unloading, fitting out or repairing and includes gridirons, slips, keel blocks, inclined planes and all machinery, works, fixtures and things whatsoever attached or pertaining thereto;

“dues” includes port dues, goods dues and pilotage dues levied under this Act but does not include rates;

“Executive Director” means the Executive Director appointed under section 29 and includes any person for the time being performing the functions of the Executive Director;

“functions” includes powers and duties;

“goods” includes animals, carcases, baggage, containers and any other movable property of any kind whatsoever;

“harbour craft” means any vessel which is used within the port for any purpose;

“lighthouse” means a distinctive structure on or off a coast exhibiting a major light designed to serve as an aid to navigation;

“master” includes every person, except a pilot, having command or charge of any vessel;

“owner”, when used in relation to goods, includes any consignor, consignee, shipper or agent of the owner for the sale, custody, loading, handling, discharge or delivery of such goods; and, when used in relation to any vessel, includes any part-owner, charterer, operator, consignee or mortgagee in possession thereof or any duly authorised agent of any such person;

“passenger” has the same meaning as in the Merchant Shipping Act [Cap. 179];

“pilot” means any person not belonging to a vessel who has the conduct thereof;

“Pilotage Committee” means the Pilotage Committee appointed under section 87;

“pilotage district” means any area in the port declared under section 83 to be a pilotage district;

“port” means any place in Singapore and any navigable river or channel leading into such place declared to be the port under section 3;

“port dues” means dues levied in respect of a vessel for entering, using, leaving or plying in the port;

“Port Master” means the Port Master appointed under section 30 and includes any Deputy Port Master appointed under that section;

“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 wharf or dock” means any wharf or dock not owned or operated by the Authority;

“rates” means any rates or charges leviable by the Authority under this Act and includes any toll or rent, but does not include dues;

“Singapore Harbour Board” means the Singapore Harbour Board constituted under the Ports Ordinance [1955 Ed. Cap. 208] repealed by this Act;

“train” includes locomotive, engine, tender, wagon, trolley and rolling stock of all kinds used, whether separately or in conjunction, on a railway;

“vehicle” means any vehicle other than a train or vessel;

“vessel” includes any ship or boat or air-cushioned vehicle or floating rig or platform used in any form of operations at sea or any other description of vessel;

“wharf” includes a quay, pier, jetty, ramp or other landing place.

The Minister may, after consultation with the Authority and by notification in the Gazette, declare any place in Singapore and any navigable river or waters leading into such place to be the port within the meaning of this Act.

Every declaration under subsection (1) shall define the limits of the port.

The Authority shall, with the approval of the Minister, appoint an Executive Director on such terms and conditions as the Authority may think fit.

The Executive Director shall not be removed from office without the consent of the Minister.

The Minister shall consult the Public Service Commission before granting his approval under subsection (1) or before giving his consent under subsection (2).

If the Executive Director is temporarily absent from Singapore or temporarily incapacitated by illness or for other reasons temporarily unable to perform his duties, another person may be appointed by the Authority to act in the place of the Executive Director during any such period of absence from duty.[34

The Authority may from time to time appoint and employ on such terms and conditions as the Authority may determine such officers and employees as may be necessary for the effective performance of its functions.

The Authority may make rules, not inconsistent with this Act, for the manner of appointment, conduct and discipline and the terms and conditions of service of the officers and employees of the Authority.[36

Subject to the approval of the Minister, the Authority 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 Authority as it may determine, or to their legal personal representatives or dependants, or to any person nominated by such employees, on the death or retirement of such employees from the service of the Authority or on their otherwise leaving the service of the Authority.

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

The Authority in making, under this section, any pension, provident fund or other superannuation rules which affect any person transferred to the service of the Authority under section 15 shall, in such rules, provide for the payment to such person or his dependants of benefits not less in value than the amount of any pension, provident fund, gratuity or allowance for which such person would have been eligible under the Harbour Boards Superannuation Schemes Regulations 1938 [G.N. 3328/38], the Singapore Harbour Board Regulations governing the scale of gratuities payable to employees in receipt of daily or hourly rates of pay, or the Pensions Act [Cap. 225], had he continued to be in the service of the Singapore Harbour Board or of the Government, as the case may be. Nothing in such rules shall, unless otherwise agreed to by any person, adversely affect any conditions that would have been applicable to such provident fund, pension, gratuity or allowance under that Act or those regulations.[37

If in the opinion of the Authority any vessel, aircraft or other object sunk, stranded or abandoned within the port or the approaches thereto is, or is likely to become, an obstruction, impediment, or danger to navigation or to the safe and convenient use or operation of the port, the Authority may by notice in writing require the owner of the vessel, aircraft or object to raise, remove or destroy the whole or any part of such vessel, aircraft or object within such time as may be specified in the notice.

Any notice to be served by the Authority under subsection (1) shall be deemed to be sufficiently served if addressed to “the owner” of the vessel, aircraft or object, as the case may be, and —

Any person who fails to comply with a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and in the case of a continuing offence to a further fine not exceeding $2,000 for every day or part thereof during which the notice is not complied with.[72A

Notwithstanding section 81, if the vessel, aircraft or other object is not raised, removed or destroyed within such time as may be given in the notice under section 81(1), the Authority may —

The Authority may use the proceeds of the sale under subsection (1)(c) to reimburse itself for the whole of the expenses incurred by it in the exercise of its powers under this section.

The Authority shall on demand pay the surplus, if any, of the proceeds of the sale under subsection (1)(c) to the owner or any person entitled to it and if no demand is made by the owner within 12 months from the date of such sale, the surplus shall be paid into the funds of the Authority.

If the proceeds of the sale under subsection (1)(c) are insufficient to reimburse the Authority for the whole expenses incurred by it, the Authority may recover the balance from the owner of the vessel, aircraft or object as a debt in any court of competent jurisdiction.

If any vessel, aircraft or object or any part thereof is destroyed by the Authority under subsection (1)(a), the owner of such vessel, aircraft or object shall reimburse the Authority for the expenses incurred by it in such destruction.

For the purposes of this section, “vessel” or “aircraft” includes every article or thing or collection of things being or forming part of the tackle, equipment, cargo, stores or ballast of a vessel or aircraft, as the case may be.[72B

No matter or thing done and no contract of any kind entered into by the Authority and no matter or thing done by any member of the Authority or by any employee thereof or any other person whomsoever acting under the direction of the Authority shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of carrying out the provisions of this Act, subject any such member or employee or any other person acting under the direction of the Authority personally to any action, liability, claim or demand whatsoever in respect thereof.

Any expense incurred by the Authority or any member, employee or other person so acting under the direction of the Authority shall be paid out of the funds of the Authority.[8

Subject to the provisions of this Act, the Authority may carry on such activities as appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its duties under this Act and, without prejudice to the generality of the foregoing, the Authority may exercise all or any of the powers specified in the Second Schedule and any other written law.

Notwithstanding subsection (1), the Authority may, with the approval of the Minister, carry on such other activities as the Authority may, from time to time, consider expedient.

This section shall not be construed as limiting any power of the Authority conferred by or under any written law.[11

The Authority shall afford to the Minister facilities for obtaining information with respect to the property and activities of the Authority, and shall furnish him with returns, accounts and other information with respect thereto and afford to him facilities for the verification of information furnished, in such manner and at such times as the Minister may require.

The Minister may, after consultation with the Authority, give to the Authority directions of a general character, not inconsistent with the provisions of this Act, as to the exercise and performance by the Authority of its functions in relation to matters appearing to the Minister to affect the interests of Singapore, and the Authority shall give effect to any such directions.

The Minister may, after consultation with the Authority, give to the Authority specific directions for the purpose of remedying any defect which may be disclosed in the working arrangements of the Authority, and the Authority shall give effect to any such directions.[12

Notwithstanding the provisions of this Act, if the Minister is of the opinion that an investigation should be made as to whether the Authority has failed to discharge any functions under this Act in any case or in any manner in which the Authority ought to have discharged its functions, the Minister may appoint a committee consisting of one or more persons to inquire into and report on the matter.

For the purposes of such inquiry, the committee shall have and may exercise all the statutory and other powers which are for the time being vested in and exerciseable by Magistrates’ Courts for summoning and enforcing the attendance of witnesses, for administering oaths or affirmations to such witnesses and for compelling such witnesses to answer all reasonable and proper questions relative to the matters which are the subject of such inquiry.

On receiving the report of the committee, the Minister shall take into consideration the findings and any recommendations contained therein, and if he is satisfied that there has been such a failure on the part of the Authority, the Minister may make an order directing the Authority to discharge such functions in such manner and within such time or times as may be specified in the order.

If the Authority fails to comply with any requirement of an order made under subsection (3) within the time limited thereby for compliance with that requirement, the Minister, in lieu of enforcing the order by mandamus or otherwise, may, with the approval of Parliament signified by a resolution thereof, make a further order transferring to himself such of the functions of the Authority as may be specified therein.

Where, under subsection (4), the Minister has by order transferred to himself any functions of the Authority —

In any case where under subsection (4) an order has been made by the Minister transferring to himself any functions of the Authority, the Minister may at any time and in the like manner by a subsequent order vary or revoke that order, but without prejudice to the validity of anything previously done thereunder; and when any order is so revoked the Minister may, either by the revoking order or by a subsequent order, make such provisions as appear to him to be desirable with respect to the transfer, vesting and discharge of any property or liabilities acquired or incurred by him in discharging any of the functions to which the order so revoked related.[13

Upon the commencement of this Part, all lands, buildings and other property, movable and immovable, of the Singapore Harbour Board, including all assets, powers, rights, interests and privileges of that Board shall be transferred to and vest in the Authority without further assurance.

Upon such transfer, all debts, liabilities and obligations of the Singapore Harbour Board shall also be transferred to and be deemed to have been incurred by the Authority.[14

There shall be transferred to the Authority for the purposes of this Part, such lands, buildings and other property, movable or immovable, vested in or belonging to the Government as the Minister for Finance may think fit, and any lands, buildings and other property so transferred shall vest in the Authority without further assurance.

Upon such transfer, all debts, liabilities and obligations in connection with or appertaining to such lands, buildings and other property shall also be transferred to and be deemed to have been incurred by the Authority.[15

Until other provision is made, the Harbour Boards Superannuation Schemes Regulations 1938 [G.N. 3328/38] and the Singapore Harbour Board Regulations governing the scale of gratuities payable to employees in receipt of daily or hourly rates of pay, shall continue to apply to the Authority and to every person mentioned in section 15(a) in the like manner as those regulations applied to the Singapore Harbour Board and to persons in the employment of the Singapore Harbour Board immediately prior to the commencement of this Part, and every reference to the Singapore Harbour Board or to its employees or to service or employment with the Singapore Harbour Board in those regulations shall be construed respectively as a reference to the Authority or to persons mentioned in section 15(a) or to service or employment with the Authority in respect of such persons.

Subject to the provisions of the said regulations, every such person may count his previous service with the Singapore Harbour Board for the purpose of determining the benefits to which he becomes entitled under subsection (1).[17

Where any immovable property, not being State land, is needed for the purposes of the Authority, the Authority may request and the President may if he thinks fit direct the acquisition of that property; in such a case, the property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose, and any declaration required under such written law that the property is so needed may be made (notwithstanding that compensation is to be paid out of the funds of the Authority) and the declaration shall have effect as if it were a declaration that such property is needed for a public purpose made in accordance with that written law.

The Authority shall not, without the consent in writing of the Minister, sell, exchange or otherwise dispose of any land or any interest therein, acquired by it under this section.[21

*No compulsory acquisition of any immovable property before 15th April 1983 shall be called in question in any court on the ground that the acquisition was not in compliance with section 20 as in force before that date.* Section 3 of the Statutes (Miscellaneous Amendments) Act 1983 (No. 7/83).

Any action or proceedings pending after 15th April 1983 in any court in respect of any matter to which subsection (1) applies shall be dismissed on application by any party, and the court may make such order as to costs as it thinks fit.

Any wharf, dock or other public work constructed by the Government along, across or extending out from the foreshore situated within the limits of the port and the land on which it is constructed, and any land reclaimed from the sea, and any part of the foreshore situated within those limits, may be vested in the Authority upon such terms and conditions as the Minister may determine.

Nothing in this section shall be construed as authorising the vesting in the Authority of any foreshore otherwise than in accordance with the Foreshores Act [Cap. 113], unless it is not subject to public rights or unless it is intended to vest it in the Authority subject to public rights.

Subject to section 20(2), the Authority may sell or exchange any property vested in it by virtue of this Act or acquired by it for the purposes thereof either in block or in parcels, whichever the Authority finds most convenient and advantageous to do.

The Authority 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 Authority upon such terms and conditions as the Authority may think fit.

If any person wilfully removes, destroys or damages any property belonging to or in the custody or possession of the Authority 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 and shall be liable on conviction to a fine not exceeding $2,000, and, on application by the Authority, a court may order the offender to pay compensation to the Authority for any damage done by him.

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

Any person who carelessly or accidentally removes, destroys or damages any property belonging to or in the custody or possession of the Authority 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 Authority, such sum of money not exceeding $2,000 as a Magistrate’s Court thinks reasonable.

Nothing in this section shall prevent the Authority 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.

Where damage is done to any property of the Authority by any vessel or float of timber, the cost of making good the damage, including the expenses of any inspection or survey carried out by the Authority to ascertain such damage, if any, may be recovered by the Authority as a debt from the master, owner or person in charge of the vessel or float of timber, as the case may be.

The Authority may detain any such vessel or float of timber until the costs of making good such damage has been paid to the Authority or may require the master, owner or person in charge of the vessel or float of timber to deposit such sum of money or furnish such security as may be required by the Authority in order to meet the costs of making good the damage, whether actual or estimated by the Authority.

For the purposes of subsection (2), section 62(3) shall apply.

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

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, and may be recovered as if it were a fine imposed by the court.

The premises vested in the Authority shall be exempt from the operation of the Municipal Ordinance [1936 Ed. Cap. 133]* and the Local Government Ordinance 1957 [24/57]* and the by-laws made thereunder or any written law repealing and re-enacting the provisions thereof, save and except that the provisions of those Ordinances and of the by-laws made thereunder or of any written law repealing and re-enacting the provisions thereof which relate to —* Repealed by Ordinances 72/60, 26/61, 1/63 and 18/63.(a)the construction, alteration and demolition of buildings intended for use as domestic buildings, dwelling-houses, shop-houses and matters incidental thereto;

The Minister may, after consultation with the Authority, by order published in the Gazette declare that any other provisions of those Ordinances and by-laws or of any written law repealing or re-enacting the provisions thereof, shall apply to the premises of the Authority, and thereupon the same shall apply accordingly.

Where application is made for water supply for domestic or other purposes by the Authority to the statutory body responsible for the supply of water and the parties are unable to agree upon terms and conditions for such supply, the statutory body shall refer the matter to the Minister responsible for that statutory body, who may determine the terms and conditions on which such supply shall be given.

“flat” means a horizontal stratum of a building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of human habitation;

“lease” includes an agreement for a lease;

“owner”, in relation to any property sold by the Authority, includes a person who has purchased a leasehold interest in the property and also includes a purchaser under an agreement for a lease.[39A

Where —

Where the Authority acts for any person referred to in subsection (1), then for the purposes of the registration of any instrument relating to the sale of the flat, house or building or any transaction referred to in that subsection —

Section 30 of the Legal Profession Act [Cap. 161] shall not apply to any officer of the Authority acting for any party to the transactions referred to in subsection (1).[39B

No flat, house or building which has been sold by the Authority subject to the provisions of this Part shall be sold, leased, mortgaged, transferred or charged without the written consent of the Authority.

Where any assurance, mortgage, transfer, charge or lease of any such flat, house or other building (which is executed by or on behalf of the owner thereof without the written consent of the Authority) is registered under the provisions of the Registration of Deeds Act or the Land Titles Act, the Authority may by an instrument lodged with the Registrar of Deeds or the Registrar of Titles, as the case may be, declare such assurance, mortgage, transfer, charge or lease to be void and the Registrar of Deeds or the Registrar of Titles, as the case may be, shall register the instrument without being concerned to inquire into its regularity or validity, and upon registration thereof shall cancel the registration of any such assurance, mortgage, transfer, charge or lease.

Where an assurance or a lease, mortgage or transfer of or a charge on a flat, house or building sold subject to the provisions of this Part is executed without the written consent of the Authority, the person, who is entitled to the title to or the estate or interest in the flat, house or building if the written consent of the Authority had been obtained, shall not present for registration under the provisions of the Registration of Deeds Act [Cap. 269] or the Land Titles Act [Cap. 157] the assurance, lease, mortgage or transfer of or charge on the flat, house or building.

The Authority may, on the discovery of such assurance, lease, mortgage, transfer or charge, serve a written notice upon the person, referred to in subsection (3), of its intention to lodge with the Registrar of Deeds or the Registrar of Titles, as the case may be, an instrument under subsection (6).

Such person may, within 14 days after the date of the service of the notice, appeal against the lodging of such instrument for the purpose of subsection (6) to the Minister whose decision shall be final.

The Authority may, in any case where an assurance or a lease, mortgage or transfer of or a charge on a flat, house or building, sold subject to the provisions of this Part has been executed without its written consent, and no appeal under subsection (5) has been made within the time referred to in that subsection or an appeal under that subsection has been dismissed, lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, for the vesting in the Authority of the title to or the estate or interest in the flat, house or building.

The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument, lodged under subsection (6), without being concerned to inquire into its regularity or validity, and upon the registration of such instrument —

Any person who acts in contravention of subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.[39C

No lien by deposit of the title deeds, as security for a debt, of any flat, house or building that has been sold subject to the provisions of this Part shall be capable of being created in favour of any person and any caveat in support of any such lien if lodged with the Registrar of Titles or presented for registration with the Registrar of Deeds shall have no legal effect.

No such flat, house or building shall vest in the Official Assignee on the bankruptcy of the owner thereof.

No such flat, house or building shall be attached in execution of a decree of a court.

Every trust or alleged trust, whether the trust is express, implied or constructive, which purports to be created in respect of such flat, house or building by the owner thereof shall be null and void and shall be incapable of being enforced by a court.[39D

The transmission made on the death of the owner, whether testate or intestate, or any transfer by the legal personal representatives of a deceased owner of a flat, house or building that has been sold subject to the provisions of this Part without the written consent of the Authority shall not be presented for registration under the provisions of the Registration of Deeds Act [Cap. 269] or the Land Titles Act [Cap. 157].

Where the Authority refuses to give its written consent, the Authority shall lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or building vested in the Authority.

Where no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or building within 12 months from the death of the owner, or where representation has been taken out but the legal personal representatives do not apply for the Authority’s written consent for the transmission or transfer of the flat, house or building within 6 months from the date of the representation, the Authority may lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or building vested in the Authority.

Where on the death of the owner of a flat, house or building that has been sold subject to the provisions of this Part the lease in favour of the owner has not been registered under the provisions of the Registration of Deeds Act or the Land Titles Act, or where no representation has been taken out under a will or on the intestacy of a deceased owner of such flat, house or building within 12 months from the death of the owner, the Authority may rescind the agreement for the lease of such flat, house or building.

Where the Authority decides to lodge an instrument under subsection (2) or (3) to have the flat, house or building vested in itself or to rescind an agreement for the lease pursuant to subsection (4), the Authority shall —

The legal personal representatives and any person who is interested in the estate of the deceased owner may, within 28 days after the date of the service of the notice, appeal to the Minister whose decision shall be final and shall not be called in question in any court.

Where an appeal is made to the Minister pursuant to subsection (6) the Authority shall not proceed to lodge an instrument of vesting under subsection (2) or (3) until the appeal is disposed of.

The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument lodged under subsection (2) or (3) without being concerned to inquire into its regularity or validity and —

Where an appeal has been determined by the Minister or on the expiry of a period of 28 days after the date of the service of the notice referred to in subsection (5) and the legal personal representatives do not consent to receive the compensation, or where representation has not been taken out under a will or intestacy of the deceased owner, or where there are conflicting claims to the compensation to be paid by the Authority, the Authority shall apply to the High Court ex parte by originating summons, supported by an affidavit, for an order to deposit the amount of the compensation in Court and, notwithstanding anything to the contrary in the Rules of the Supreme Court for the time being in force, the Court may make such an order.

The compensation to be paid by the Authority for any flat, house or building vested in the Authority under this section shall be determined by the Authority.[39E

The Registrar of Titles and the Registrar of Deeds shall have the power to refuse to accept for registration or lodgment of any assurance, lease, mortgage, transfer or charge relating to any flat, house or building which has been bought or sold, leased, mortgaged or disposed of by a person in contravention of sections 36(1), 37 and 38.

A certificate of the Authority that any flat, house or building has been purchased, sold, leased, mortgaged, transferred or charged in accordance with the provisions of this Act shall be conclusive evidence of that fact.[39F

The Authority may compulsorily acquire any flat, house or building sold subject to the provisions of this Part —

For the purposes of paragraph (a), “commercial property” means any flat, house or building or any part thereof which is permitted to be used pursuant to the Planning Act [Cap. 232] or any other written law for the purpose of carrying on any business or which is lawfully so used.

Where the Authority intends to exercise its powers of compulsory acquisition conferred by this section, the Authority shall serve a notice in writing on the owner of the flat, house or building and all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the flat, house or building (referred to in this Act as an interested person) stating the Authority’s intention to acquire the premises and the compensation to be paid therefor.

An owner or interested person who objects to a proposed acquisition by the Authority may within 28 days after the date of the service of the notice referred to in subsection (3), submit in writing to the Authority precisely the grounds upon which he objects to the acquisition and the compensation offered by the Authority.

The Authority shall consider the objection and may either disallow it or allow it either wholly or in part, and shall serve the owner or interested person by post or otherwise with a written notice of its decision.

Any owner or interested person aggrieved by the decision of the Authority may, within 28 days after the date of the service of such decision, appeal to the Minister whose decision shall be final.

This section shall not limit or affect the powers conferred upon the Authority by any other provision of this Act or under any other written law to exercise its right of forfeiture and right of re-entry for a breach of the conditions of a lease.[39G

When the Authority has made a decision pursuant to section 40 to compulsorily acquire a flat, house or building, the Authority may —

The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument lodged under subsection (1) without being concerned to inquire into its regularity or validity and —

The Authority shall pay the compensation determined by the Authority for the acquisition of a flat, house or building under section 38 or 40 to an owner or the legal personal representatives of a deceased owner or to both an owner or the legal personal representatives, as the case may be, and an interested person in such proportion as the Authority may decide or such amount as may be varied by the Minister on appeal and in the case where any party refuses to accept it or where there is a dispute between the parties to the proportion they are entitled to the compensation to be paid the Authority shall apply to the High Court ex parte by originating summons, supported by an affidavit, for an order to deposit the amount of the compensation or any part thereof in Court and, notwithstanding anything to the contrary in the Rules of the Supreme Court for the time being in force, the High Court may make such an order.

The Authority may withhold any compensation payable in respect of any flat, house or building vested in the Authority under this Part to any person until the Authority has taken possession of that flat, house or building.[39I

The revenue of the Authority in any year shall be applied in payment of the following charges:

The balance of the revenue of the Authority shall be applied for the creation of a general reserve or such other reserves or capital fund as the Authority may consider appropriate.[40

The Authority may, from time to time, for the purposes of this Act, 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.

The Authority 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 Authority.

The Authority 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 —

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

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

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

A summary of the annual estimates and supplementary estimates adopted by the Authority shall be published in the Gazette.[44

The Authority shall prepare in respect of each financial year ending on 31st December a statement of accounts in a form approved by the Minister.

The Authority shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Authority and over the expenditure incurred by the Authority.[45

The accounts of the Authority shall be audited by the Auditor-General or by an auditor appointed annually by the Minister in consultation with the Auditor-General (referred to in this Act as the Authority’s auditor).

The Authority’s auditor shall be paid out of the funds of the Authority such fees as the Minister, after consultation with the Authority, may direct.

The Authority’s auditor or a person authorised by him shall be entitled to full and free access to all accounting and other records relating directly or indirectly to the financial transactions of the Authority and may make copies of, or extracts from, any such accounting and other records.

The Authority’s auditor or a person authorised by him may require any person to furnish him with such information which such person possesses or has access to as the auditor or duly authorised person considers necessary for the purposes of the functions of the auditor under this Act.

An officer of the Authority who refuses or fails without any reasonable cause to allow the Authority’s auditor access to any accounting and other records of the Authority in his custody or power or to give any information possessed by him as and when required or who otherwise hinders, obstructs or delays the Authority’s auditor in the performance of his duties or the exercise of his powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and in the case of a continuing offence to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.[46

The Authority shall, as soon as practicable after the close of the financial year, prepare and submit the financial statements in respect of that year to the Authority’s auditor who shall audit and report —

The Authority’s auditor shall state in his report whether —

The Authority’s auditor may at any other time report to the Minister through the Authority upon any matter arising out of the performance of his audit.[47

As soon as the accounts of the Authority and the financial statements have been audited in accordance with the provisions of this Act, a copy of the audited financial statements signed by the Chairman and certified by the auditor, together with a copy of any report made by the Authority’s auditor, shall be submitted to the Minister.

Where the Auditor-General has not been appointed to be the Authority’s auditor a copy of the audited financial statements and any report made by the Authority’s auditor shall be forwarded to the Auditor-General at the same time as they are submitted to the Minister.

The Minister shall present a copy of the audited financial statements and of the report of the Authority’s auditor to Parliament.[48

The Authority shall, as soon as practicable after the end of each financial year but not later than 4 months from the end of that year, unless the Minister otherwise authorises in writing, furnish to the Minister a report of its functions during the preceding financial year.

The Minister shall present a copy of every such annual report to Parliament.[49

The Authority may, with the approval of the Minister and by notification in the Gazette, from time to time prescribe such pilotage dues as shall be paid to the Authority by the master, agent or owner of every vessel which enters, leaves, uses or plies within the port.

The pilotage dues payable under subsection (1) shall be paid in addition to the rates which the Authority may levy for providing the services of an Authority pilot on board a vessel.[51

The Authority may, with the approval of the Minister and by notification in the Gazette, levy such goods dues as are prescribed on goods brought into or taken out of such private wharf or premises (by any means of transportation) as may be specified in the notification.

Such goods dues shall be paid by —

The Authority may recover such goods dues from any of the persons mentioned in subsection (2).[52