Town Councils Act 1988

In this Act, unless the context otherwise requires —

“appointed member”, in relation to a Town Council, means a person who has been appointed to be a member of the Town Council under section 8 or 9(8);

“Board” means the Housing and Development Board established under the Housing and Development Act 1959;

“chairperson”, in relation to a Town Council, means the chairperson of the Town Council and includes an acting chairperson of the Town Council;

“charges” means the conservancy and service charges levied by a Town Council under section 53;

“commercial property” means any building or premises vested in or belonging to the Board (or part of such building or premises) which is permitted under the Planning Act 1998 to be used wholly or partly as —

“common property”, in relation to any residential or commercial property in a housing estate of the Board, means so much of the land and all parts of any building of the Board as are not comprised in the flats in the building and, for any housing estate mentioned in section 77(4), in respect of which a handover notice issued under section 77 is in effect, and includes —

“constituency” means an electoral division under the Parliamentary Elections Act 1954 and includes a group representation constituency;

“elected member”, in relation to a Town Council, means a Member of Parliament for any constituency comprised within the Town for which the Town Council is established;

“finance manager”, for a Town Council, means an individual (other than a member) who occupies a position in the Town Council and is primarily responsible to the Town Council for —

“Financial Rules” means the rules made under section 57;

“flat” means a horizontal stratum of any building or part thereof, whether the 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 or business;

“general manager”, for a Town Council, means an individual (other than a member) who occupies a position in the Town Council having the general control and management of the administration of the Town Council, and includes any individual, by whatever name called, who exercises such general control and management;

“group representation constituency” means any electoral division declared to be a group representation constituency under the Parliamentary Elections Act 1954;

“housing estate” means any housing estate built on any land vested in or held in trust for the Board;

“inspector” means an inspector of Town Councils appointed under section 62;

“key officer”, for a Town Council, means any of the following individuals, whether or not an employee of the Town Council:

“lease” includes an agreement for a lease or tenancy and “leased” is to be construed accordingly;

“managing agent”, for a Town Council, means a person (whether or not the person carries on any other business) who is engaged or appointed, for monetary or other reward, to exercise any power or perform any function or duty of the Town Council under this Act, such as (but not limited to) all of the following:

“member” means an elected member or an appointed member;

“owner”, in relation to any property sold by the Board, includes a person who has purchased a leasehold interest in the property and a purchaser under an agreement for a lease;

“residential property” means any building or other premises vested in or belonging to the Board or any part of the building or premises which is permitted to be used pursuant to the Planning Act 1998 or any other written law wholly for the purpose of human habitation;

“secretary” means any individual appointed by a Town Council under section 22 to be the secretary to the Town Council;

“single Member constituency” means a constituency that is not a group representation constituency;

“statutory authority” means a body or an office that is established or constituted by or under a public Act to perform or discharge a public function, but does not include the Board or any Town Council;

“surplus”, for any fund established under section 47, means an excess of the assets over liabilities of the fund at the end of a financial year;

“Town” means any area declared to be a Town under section 3;

“Town Council”, in relation to a Town, means the Town Council established under section 4 for that Town;

“Town Council Fund” means the Town Council Fund constituted under section 47;

“vice-chairperson”, in relation to a Town Council, means a vice‑chairperson of the Town Council.

This Act does not apply to any property of the Board that the Minister may by order specify.

Any order made under subsection (2) may provide for this Act not to apply either indefinitely or for a specified period and may contain such incidental, consequential or supplementary provisions as may appear to the Minister to be necessary or proper.

In this Act, a reference to the date on which any election results for a constituency are declared is a reference to the date the results of an election in that constituency are published in the Gazette under section 51 of the Parliamentary Elections Act 1954.

In this Act, a person is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent or auditor of a Town Council if the person —

For the purposes of constituting a Town Council to control, manage, maintain and improve the common property of residential and commercial property in the housing estates of the Board in any area, the Minister may by order published in the Gazette, declare to be a Town by such name as the Minister may designate in the order an area comprising —

An order under subsection (1) that declares a constituency to be, or to be comprised in, a Town —

In the event of a general election following the dissolution of Parliament, an order under subsection (1) declaring all Towns must be made by the Minister —

An order under subsection (1) may be amended from time to time, and may contain supplementary provisions (not inconsistent with subsections (5), (6) and (7)) that may be desirable, necessary or expedient in consequence of any change to the boundaries of the area of a Town, such as but not limited to the following:

Where an order under subsection (1) provides for an area comprised within a Town (called in this section Town A) to constitute part of another Town (called in this section Town B) —

Upon the expiry of the period mentioned in subsection (5), the receiving Town Council is liable for the maintenance and management of that common property.

Nothing in subsection (5) authorises the transferring Town Council or successor Town Council for Town A (as the case may be) to draw on —

For the purposes of this Act, where any part of the common property of any residential or commercial property is situated partly in the Town of one Town Council and partly in the Town of another, the Town Councils may agree that such part is treated as situated in such one of the Towns as is specified in the agreement; and in default of agreement the situation of such part must be determined by the Minister whose decision is final.

A Town Council must have a common seal, and the fixing of the seal must —

Any document purporting to be a document duly executed under the seal of a Town Council shall be received in evidence and is, unless the contrary is proved, deemed to be a document so executed.

A Town Council consists of —

The chairperson must, within 30 days of assuming his or her office, appoint the members under subsection (1)(b) on the nomination of the elected members, each of whom (including the chairperson) may nominate such number of members as they may agree or, if they fail to agree, an equal number of members, of whom at least two‑thirds must be residents of any housing estate of the Board within the Town.

At least 6 individuals must be appointed under subsection (1)(b) as appointed members of a Town Council, but the maximum number that may be so appointed is the higher of the following:

Subject to subsection (3), a chairperson of a Town Council for a Town is —

Unless otherwise provided in subsection (4), the chairperson of a Town Council for a Town (as determined under subsection (1)) assumes that office as follows:

If the choice required by subsection (1)(b) is not made by the elected members of a Town Council on or before the applicable date mentioned in subsection (2), the Minister must appoint the chairperson for that Town Council from among its elected members.

The chairperson so appointed under subsection (3) assumes office on the day immediately after the applicable date mentioned in subsection (2), and holds office for such term as the Minister may determine.

The chairperson must appoint from among the members not more than 2 vice‑chairpersons for such term, not exceeding 2 years, as the chairperson may determine.

The chairperson or a vice‑chairperson, if he or she is an elected member, holds office as chairperson or vice‑chairperson (as the case may be) only so long as he or she is an elected member and is eligible for re‑appointment.

Where all the elected members of a Town Council have vacated their seats in Parliament by reason of a dissolution of Parliament or otherwise, the appointed members must, with the approval of the Minister, forthwith appoint one of their number to act as chairperson for such term as they may determine; and where such members fail to do so, the Minister must appoint any appointed member to act as chairperson for such term as the Minister may determine.

Any chairperson appointed under subsection (7) may, with the approval of the Minister, appoint at least 6 and not more than 30 members, of whom at least two‑thirds must be residents of any housing estate of the Board within the Town.

The appointment of any chairperson under subsection (7) —

To avoid doubt, an individual’s appointment as an appointed member is not affected by reason only of the revocation —

The chairperson may at any time revoke the appointment of any vice‑chairperson without assigning any reason.

The chairperson and any vice‑chairperson of a Town Council must, as soon as practicable after their assumption of office, complete a declaration of acceptance of such office in the form prescribed by rules under section 82 and deliver the declaration to the Minister.

Any failure to comply with subsection (12) by the chairperson or vice‑chairperson does not invalidate his or her term of office.

The chairperson presides at meetings of the Town Council and performs such other duties as are prescribed in this Act.

In the chairperson’s absence, or if at any time the office of the chairperson is vacant, any vice‑chairperson is to preside at meetings of the Town Council and perform such other duties of the chairperson as are prescribed in this Act.

If the chairperson and vice‑chairpersons are absent from a meeting of the Town Council, the members present must elect from among themselves a temporary chairperson to preside at that meeting.

The chairperson must not resign or vacate his or her office and any purported resignation or vacation of office in breach of this section is deemed to be invalid.

Where a Town Council has more than one elected member, the chairperson may resign his or her office if another elected member is appointed in the chairperson’s place by the elected members.

Subject to subsection (2), the chairperson may resign his or her office by giving written notice under the hand of the chairperson to the Minister.

A vice‑chairperson may resign his or her office by giving written notice under the hand of the vice‑chairperson to the chairperson.

Where the chairperson or a vice‑chairperson dies or the office of chairperson or vice‑chairperson is otherwise vacated, another chairperson or vice‑chairperson (as the case may be) must be appointed within 7 days after the death or vacation of office and section 9 applies, with the necessary modifications, to such appointment.

Subsections (1) and (2) do not apply to any chairperson appointed under section 9(7).

Subject to this section, a Member of Parliament assumes office as an elected member of a Town Council —

An elected member of a Town Council vacates office as an elected member of a Town Council only when he or she ceases to be a Member of Parliament for the constituency comprised within the Town for which the Town Council is established.

Subject to subsection (2), an elected member of a Town Council cannot resign his or her office as an elected member, and any purported resignation as an elected member of a Town Council is of no effect.

Every elected member of a Town Council who is not a chairperson or vice‑chairperson of the Town Council must, as soon as practicable after assuming office as an elected member, complete a declaration of acceptance of that office in the form prescribed by rules under section 82 and deliver the declaration to the Minister.

Subject to subsections (2), (4), (5), (6) and (8), an appointed member holds office for a term of 2 years and on such conditions as the chairperson may determine and is eligible for re‑appointment.

Every appointed member of a Town Council ceases to be a member upon the assumption of office of the chairperson of the Town Council under section 9(2) or (4), unless the member earlier resigns or vacates his or her office in accordance with this Act.

The chairperson may appoint any person to be a temporary appointed member of a Town Council during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of any appointed member.

The chairperson may, at any time, revoke the appointment of any appointed member without assigning any reason.

Any appointed member may resign from his or her appointment at any time by giving written notice to the chairperson.

The office of an appointed member must be vacated if the appointed member —

If an appointed member resigns, dies or has his or her appointment revoked or otherwise vacates his or her office before the expiry of the term for which he or she has been appointed, the chairperson may appoint a person to fill the vacancy for the residue of the term for which the vacating member was appointed.

A person must not be appointed or continue to hold office as an appointed member of a Town Council if he or she —

The disqualification of a person under subsection (8)(f) may be removed by the President and ceases, if not so removed, at the end of 5 years beginning from the date on which the person was released from custody or the date on which the fine was imposed on the person.

Every appointed member of a Town Council must, as soon as practicable after being so appointed under subsection (1) or (3), complete a declaration of acceptance of that office in the form prescribed by rules under section 82 and deliver the declaration to the Minister.

As soon as practicable after a member of a Town Council becomes aware of a conflict of interest in a question that has arisen or is about to arise before the Town Council, the member must disclose in writing the fact, nature, character and extent of the personal or financial interest that gives rise to the conflict —

The secretary to a Town Council must ensure that every disclosure under subsection (1) in relation to any question —

A member of a Town Council —

For the purposes of this section, a member of a Town Council has a conflict of interest in a question arising for decision by the Town Council if the member, or an associate of the member, has a personal or financial interest in how the question is decided.

However, subsection (4) does not apply merely because of an interest that is —

In this section and section 16, a person is an associate of another if —

The secretary to a Town Council who, without reasonable excuse —

To avoid doubt, this section is in addition to, and not in derogation of, the operation of any rule of law restricting a member of a Town Council from having any interest in contracts with the Town Council or from holding offices or possessing interests in conflict with his or her duties as such a member.

This section applies —

As soon as practicable after a person mentioned in subsection (1)(a), (b) or (c) becomes aware of a conflict of interest that has arisen or is about to arise in a matter in which the person is conferred a power, function or duty relating to the Town Council by or under this Act, the person —

A person mentioned in subsection (1) has a conflict of interest in a matter in which the person is conferred a power, function or duty relating to the Town Council if the person, or an associate of the person, has a personal or financial interest in how the power, function or duty is to be exercised or performed in relation to that matter.

This section is in addition to, and not in derogation of, the operation of any rule of law restricting a person mentioned in subsection (1) from having any interest in contracts with a Town Council or from holding offices or possessing interests in conflict with his or her powers, functions or duties as such a secretary to, or an employee or a staff or a managing agent of, a Town Council or a member of a committee of a Town Council.[15A

Subject to subsection (2), the chairperson, vice‑chairpersons and other members of a Town Council may be paid, out of the Town Council Fund, such allowances as may be prescribed.

Any full-time chairperson, vice‑chairpersons and other members of a Town Council may be paid, out of the Town Council Fund, such salaries as may be prescribed.[16

Within 30 days after an individual —

Within 30 days after an individual —

Within 30 days after an individual —

The notice required by subsection (3) must be —

Subject to sections 24 and 25, the functions of a Town Council are —

Without limiting subsection (1), the functions of a Town Council include the conservancy and landscaping of the common property of the residential and commercial property in the housing estates of the Board within the Town.[18

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

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 Town Council may —

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.

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.

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 —

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

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.

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

A Town Council must appoint an individual, including any appointed member, to be the secretary to the Town Council on such terms and conditions as the Town Council may determine who is responsible to the Town Council for the proper administration and management of the functions and affairs of the Town Council in accordance with this Act.

However, an individual is disqualified from being appointed under subsection (1) as, and must stop being, the secretary to a Town Council if the individual —

The individual appointed as the secretary to a Town Council must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister.

A Town Council may appoint such other staff on such terms and conditions as it may determine to assist the secretary.

However, an individual is disqualified from being appointed under subsection (4) as, and must stop being, a relevant key officer of a Town Council if the individual —

The individual appointed as a relevant key officer of a Town Council must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister.

In this section, “relevant key officer” means an individual occupying a position (however designated) of —

A Town Council must, for the purposes of the residential and commercial property in the housing estates of the Board within the Town —

Where a requirement or duty is imposed on a Town Council by this section, the Board or any person for whose benefit, or for the benefit of whose flat that requirement or duty is imposed on the Town Council, may apply to the General Division of the High Court for an order compelling the Town Council to carry out the requirement or perform the duty, as the case may be.

On an application being made under subsection (2), the General Division of the High Court may make such order as it thinks proper.[21

A Town Council must, in the exercise of its powers and the performance of its functions and duties under this Act in relation to the residential property and commercial property in the housing estates of the Board within its Town, work cooperatively and in collaboration with the following for the benefit of the residents of those estates:

Where —

If a notice given to a Town Council under subsection (2) is not complied with, the Board, or the statutory authority or public officer (as the case may be) may —

Without affecting subsection (3), if a Town Council fails, without reasonable excuse, to comply with the requirements of a notice given to it under subsection (2), that Town Council shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction.

To avoid doubt, this section is in addition to, and not in derogation of, any other written law that makes it an offence to obstruct or impede a public officer or statutory authority or the Board, or an officer of a statutory authority or the Board, in the performance of its or the officer’s public function.

This section does not apply to or in relation to any emergency‑related purpose within the meaning of section 25.

To avoid doubt, this section does not prohibit a Town Council from proposing reasonable terms and conditions for carrying out activities mentioned in section 21(3) or (4).[21A

The Minister may, by written direction given to a Town Council —

Every direction under subsection (1)(b) must specify the Ministry, department or statutory authority to whom access, or priority of access, must be given.

The manner in which those preparations are to be made or that access, or priority of access, is to be given must be set out in the direction under subsection (1).

The terms and conditions on which the preparations are to be made or that access, or priority of access, is to be given must be set out in the direction under subsection (1).

A Town Council must comply with every direction given to it under subsection (1).

A Town Council that fails to comply with any direction of the Minister given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

In this section, “emergency-related purpose” means a purpose related to the management of —

Where any defect occurs in any pipe, wire, cable, duct or other apparatus within a flat in any residential or commercial property of the Board within the Town which is used for or in connection with the carrying, conveying or supplying to such property of water, sewerage, drainage, gas, electricity, garbage or artificially cooled air, the Town Council may carry out such work as is necessary to rectify the defect.

Where —

For the purpose of carrying out any work —

A Town Council may, by its employees or agents, also enter at any reasonable time, upon any flat of the Board within the Town for the purpose of determining whether any work is required to be carried out by the Town Council in accordance with this Act.

A person authorised under subsection (2) to enter upon any premises must not demand to do so as of right unless prior notice of the intended entry has been given to the occupier of those premises.

A person who obstructs or hinders a Town Council in the exercise of its power under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.[23

A Town Council may make by-laws for regulating the control, management, administration, use and enjoyment of the common property of the residential and commercial property in the housing estates of the Board within the Town and generally for the purposes of exercising its powers and carrying out its duties and functions under this Act or any other Act.

Without limiting subsection (1), a Town Council may make by‑laws for or in respect of all or any of the following matters:

A Town Council, owner or tenant of a flat leased from the Board within the Town, is entitled to apply to the court —

Every by-law or amendment of or addition to or revocation of or substitution for any by-law made by a Town Council comes into operation upon the date specified therein but ceases to have effect upon the expiration of a period of one month from the date of its publication in the Gazette if prior to the expiration of that period it has been disapproved by the Minister by order in the Gazette.

Any order made by the Minister under subsection (4) has effect upon the date specified in the order but does not affect the validity of anything previously done under the disapproved by‑law.

Every by-law or amendment of or addition to or revocation of or substitution for any by‑law of a Town Council must, within 15 days of its coming into operation, be displayed in such places within the Town as the Town Council may direct.

Any by-law made by a Town Council must not be inconsistent with any rule made under the Housing and Development Act 1959 which is applicable to the Town and any such by‑law which is so inconsistent is, to the extent of the inconsistency, void.

The by-laws of a Town Council in force on the date of publication must be published annually in book form and copies thereof must be made available for purchase at a reasonable price by members of the public.

Any person who commits a breach of any of the by-laws made by a Town Council or makes default in complying with any of the by‑laws made by a Town Council for the purpose in subsection (1) or makes default in complying with any of those by‑laws, and every person who is knowingly a party to the breach or default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

In this section, “flat” includes any stall in any market or food centre of the Board.[24

“improvement contribution” means the costs in respect of lift upgrading works recoverable by a Town Council from the owner of a flat or a Town Council under section 32;

“lift upgrading works” means any building operations, demolition or installation works necessary or ancillary to installing any lift or additional lift in a building or part thereof;

“precinct” means any housing estate of the Board or any part thereof within a Town that the Minister declares under section 30 to be a precinct for the purposes of this Part;

“transfer” means a conveyance, sale, purchase, assignment, legal or equitable mortgage, charge, surrender or disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, a reconveyance or the devolution of the rights of a deceased owner of a flat to another person;

“voting value” means the prescribed value of the vote of an owner of a flat at any poll under this Part.[24A

The Minister may, after consulting the Board and the Town Council concerned, from time to time by order in the Gazette, declare any housing estate of the Board or any part thereof within that Town Council’s Town to be a precinct for the purposes of the Town Council carrying out any lift upgrading works in buildings within the precinct.

Any order made under subsection (1) must include a plan with a description of the housing estate and the buildings within the precinct.

The Minister may, by order in the Gazette, revoke or amend any order made under subsection (1).

In this section, any reference to the Minister includes a reference to a Minister of State for the Ministry of National Development.[24B

Where any housing estate of the Board or any part thereof within a Town has been declared a precinct under section 30, the Town Council for that Town must, as soon as practicable —

A poll in connection with any Town Council’s proposal to carry out lift upgrading works in any building within a precinct within its Town —

A Town Council may carry out lift upgrading works in any building within a precinct within its Town if, and only if —

No poll is invalid by reason of any failure to comply with any provision of this Part or any rules made under this Part relating to the conduct of a poll if it appears that the poll was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the poll.

In this section, “owner” includes the Board in respect of any flat which the Board has not sold the leasehold interest in the flat.[24C

As soon as practicable after the Minister has given his or her approval under section 31(3)(b), the Town Council concerned must carry out the lift upgrading works in the precinct in such manner as the Town Council thinks fit.

Where the Town Council has completed any lift upgrading works in a building within a precinct, the Town Council may recover, by way of improvement contributions, the costs incurred by the Town Council in respect of the lift upgrading works from every owner of such flats in the building as are mentioned in section 31(2)(b).

Subject to subsection (4), the amount of improvement contribution payable under subsection (2) by the owner of a flat must be determined by the Town Council whose decision is final.

Any improvement contribution determined by a Town Council under subsection (3) in respect of any lift upgrading works in a precinct must not be less than the improvement contribution that the Board might have determined under section 78(3) of the Housing and Development Act 1959 if the Board had carried out similar upgrading works in that precinct.

In this section and section 33, “owner”, in relation to any flat sold by the Board —

Any owner of a flat liable to pay any improvement contribution under section 32 must, upon a written demand by the Town Council concerned, pay to the Town Council the improvement contribution not later than one month from the date of the written demand.