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Power to enforce discharge of functions by Authority

Port of Singapore Authority Act

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—(1) 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.(2) 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.(3) 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.(4) 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.(5) Where, under subsection (4), the Minister has by order transferred to himself any functions of the Authority —(a)the expenses incurred by the Minister in discharging those functions shall be paid in the first instance out of moneys provided by the Government but the amount of those expenses as certified by the Accountant-General shall be recoverable from the Authority as a debt due to the Government; and(b)the Accountant-General shall keep separate accounts of all receipts and expenditure in respect of the transferred functions.(6) 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

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