Section 1
Short title
This Act may be cited as the National Parks Act.
/akn/sg/act/act/1990/NPA
National Parks Act
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Part I
PRELIMINARY
Section 2
Interpretation
In this Act, unless the context otherwise requires —“animal” means any member of the animal kingdom including birds, reptiles, fish and every kind of vertebrate and invertebrate and the eggs and young thereof;“Board” means the National Parks Board established under section 4;“Botanic Gardens” means any area of land designated as such for the time being in Part I of the First Schedule;“Chairman” means the Chairman of the Board appointed under section 6 and includes any temporary Chairman so appointed;“Fort Canning Park” means any area of land designated as such for the time being in Part I of the First Schedule;“national parks” means any area of land designated for the time being in Part I of the First Schedule;“nature reserves” means any area of land designated for the time being in Part II of the First Schedule;“plant” means any member of the plant kingdom including Angiosperms, Gymnosperms, Pteridophytes, Bryophytes, Algae, Lichens and Fungi.
Definition
“animal” means any member of the animal kingdom including birds, reptiles, fish and every kind of vertebrate and invertebrate and the eggs and young thereof;
Definition
“Board” means the National Parks Board established under section 4;
Definition
“Botanic Gardens” means any area of land designated as such for the time being in Part I of the First Schedule;
Definition
“Chairman” means the Chairman of the Board appointed under section 6 and includes any temporary Chairman so appointed;
Definition
“Fort Canning Park” means any area of land designated as such for the time being in Part I of the First Schedule;
Definition
“national parks” means any area of land designated for the time being in Part I of the First Schedule;
Definition
“nature reserves” means any area of land designated for the time being in Part II of the First Schedule;
Definition
“plant” means any member of the plant kingdom including Angiosperms, Gymnosperms, Pteridophytes, Bryophytes, Algae, Lichens and Fungi.
Part V
PROVISIONS RELATING TO STAFF
Section 16
Appointment of chief executive officer and other employees
(1)
The Board shall, after consultation with the Public Service Commission and with the approval of the Minister, appoint a chief executive officer on such terms and conditions as the Board may determine.
(2)
The chief executive officer shall —
(a)
be known by such designation as the Board may determine;
(b)
be responsible to the Board for the proper administration and management of the functions and affairs of the Board in accordance with the policy laid down by the Board; and(c)not be removed from office without the consent of the Minister.
(3)
If the chief executive officer is temporarily absent from Singapore, or is temporarily unable to perform his duties by reason of illness or otherwise, another person may be appointed by the Board to act in the place of the chief executive officer during any such period of absence from duty.
(4)
The Board may from time to time appoint such other employees and agents as it thinks fit for the effective performance of its functions on such terms and conditions as the Board may determine and may terminate the appointment of such employees and agents.
(5)
The Board may make rules, not inconsistent with the provisions of this Act or of any other written law, for the appointment, promotion, dismissal, termination of service, disciplinary control and terms and conditions of service of all persons employed by the Board.
Section 17
Public servants for purposes of Penal Code
Members, employees and agents of the Board shall be deemed to be public servants for the purposes of the Penal Code [Cap. 224].
Section 3
Establishment of national parks and nature reserves
(1)
The lands designated in Part I of the First Schedule are hereby declared as national parks.
(2)
The lands designated in Part II of the First Schedule are hereby declared as nature reserves.
(3)
National parks and nature reserves are hereby dedicated, set aside and reserved for all or any of the following purposes:
(a)
the propagation, protection and preservation of the flora and fauna of Singapore;
(b)
the study, research and preservation of objects and places of aesthetic, historical or scientific interest; and(c)the study, research and dissemination of knowledge in botany, horticulture, biotechnology, and natural and local history.
(4)
The Minister may, after consultation with the Board, by order amend the First Schedule and any such order shall be presented to Parliament as soon as possible after publication in the Gazette.
Section 4
Establishment and incorporation of National Parks Board
There is hereby established a body to be known as the National Parks Board which shall be a body corporate with perpetual succession and a common seal and shall, by that name, be capable of —
(a)
suing and being sued;
(b)
acquiring, owning, holding, developing and disposing of property, movable and immovable; and(c)doing and suffering such other acts or things as bodies corporate may lawfully do and suffer.
Section 5
Common seal
(1)
The Board shall have a common seal and the seal may from time to time be broken, changed, altered and made anew as the Board thinks fit.
(2)
All deeds and other documents requiring the seal of the Board shall be sealed with the common seal of the Board and every document to which the common seal is affixed shall be signed by any two members of the Board generally or specially authorised by the Board for the purpose or by one member so authorised and the chief executive officer.
(3)
Any document purporting to be a document duly executed under the seal of the Board shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed.
(4)
Any contract or document which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.
Section 6
Constitution of Board
(1)
The Board shall consist of —
(a)
a Chairman; and(b)not less than 6 nor more than 10 other members.
(2)
The Second Schedule shall have effect with respect to the Board, its members and proceedings.
Section 7
General functions of Board
The functions of the Board shall be —
(a)
to control and administer the national parks and the nature reserves;
(b)
to propagate, protect and preserve the flora and fauna of Singapore and, within the national parks and the nature reserves, to preserve objects and places of aesthetic, historical or scientific interest;
(c)
to provide and control facilities for the study of and research into matters relating to flora and fauna in Singapore and the physical conditions in which they live;
(d)
to exhibit objects illustrative of the life sciences, applied sciences, history, technology and industry;
(e)
to promote the study, research and dissemination of knowledge in botany, horticulture, biotechnology, and natural and local history;
(f)
to develop or encourage the development of services, facilities and amenities in the national parks and the nature reserves; and(g)to provide and administer recreational, cultural, historical, research and educational facilities and resources in the national parks and the nature reserves, and to encourage their full and proper use by members of the public.
Section 8
Powers of Board
The Board may for the purposes of this Act —
(a)
manage the national parks and the nature reserves;
(b)
with the approval of the Minister, acquire any property or any interest therein or any easement over any immovable property, whether by way of purchase, lease, exchange or otherwise;
(c)
with the approval of the Minister, sell, mortgage or dispose of any immovable property vested in the Board;
(d)
grant any lease, sub-lease or licence of any land vested in the Board except that the approval of the Minister shall be obtained if the lease or sub-lease exceeds 10 years;
(e)
enter into contracts for the supply of goods, services or materials or for the execution of works or other contracts as may be necessary for the discharge of its duties and functions under this Act;
(f)
receive fees, donations, grants, gifts of movable or immovable property from any source or raise funds by any lawful means;
(g)
regulate and control public access to the national parks and the nature reserves;
(h)
promote or undertake publicity in any form;
(i)
make provision for the specialised training of any employee of the Board and in that connection offer scholarships for such training and expenditure incidental thereto;
(j)
make awards of recognition, grants or contributions as the Board considers fit for the purposes of this Act;
(k)
offer consultancy services, inform, advise and make recommendations or proposals to the Government or any person on any matter relating to the designation, conservation, development and management of the national parks and the nature reserves, or any other function of the Board;
(l)
act in combination or association with any person engaged, concerned or interested in the promotion of the functions of the Board, and pay for or contribute to the cost and expenses involved in such combination or association;
(m)
with the approval of the Minister, form or participate in the formation of companies having such objects as may be approved by the Minister; and(n)do such other acts as are reasonably necessary for the exercise or performance of all or any of the powers or functions of the Board under this Act and for the enforcement of its rules and perform any other function which is incidental or conducive to the attainment or furtherance of the purposes of the Board in accordance with the provisions of this Act.
Section 9
Prohibited activities
(1)
Subject to the provisions of this Act, no person other than an employee or agent of the Board acting in the performance of his duty shall, except with the written permission of the Board, conduct the following activities within the national parks and the nature reserves:
(a)
remove, cut or displace any plant or part thereof;
(b)
prospect, mine, quarry, excavate or remove any soil, sand, laterite, clay, stone or any earth substance;
(c)
disturb or take the nest of any animal or kill, injure, capture or molest any animal;
(d)
spread, set or use any net, snare, trap or other instrument for the capture, destruction or injury of any animal;
(e)
affix, set up or erect any sign, shrine, religious artifact, shelter, structure or building;
(f)
clear, break up, dig or cultivate any land;
(g)
use or occupy any building, vehicle, boat or other property of the Board; and(h)do any other activity which causes or may cause alteration, damage or destruction to any plant or animal or property.
(2)
No person, other than an employee or agent of the Board acting in the performance of his duty, shall introduce any animal into the national parks or the nature reserves or permit any domestic animal to stray into the national parks or nature reserves.
(3)
Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine of $250 for every day during which the offence continues after conviction.
Section 10
Applications for written permission of Board
(1)
An application for written permission to conduct any activity listed in section 9(1) shall be made in writing to the Board.
(2)
Where any application is made, the Board may refuse to grant permission or grant permission subject to such conditions as it thinks fit.
(3)
Any written permission granted under this section shall continue in force for such period as may be specified therein or until it is revoked by the Board.
(4)
Any person aggrieved by a decision of the Board made under this section may, within 14 days of the date of the decision, appeal in writing to the Minister whose decision shall be final.
Section 11
Reinstatement works
(1)
Where any person has contravened section 9 or 41 or any regulations made under this Act, the Board may serve a notice requiring that person within such period (not being less than 14 days after service thereof) as may be specified in the notice to perform reinstatement works as may be specified, failing which the Board may perform any necessary reinstatement works.
(2)
Costs and expenses incurred by the Board in exercise of the powers conferred by subsection (1) shall constitute a debt due from the person to the Board and be recoverable as such.
(3)
The certificate of the Board stating the amount of the costs and expenses so incurred shall be conclusive evidence of that amount.
(4)
The Board shall not be liable to make good any damage caused to or any loss of goods or property as a result of the reinstatement works done under subsection (1).
(5)
A notice under subsection (1) may be served —
(a)
by delivering it to the person who has contravened section 9 or 41 or any regulations made under this Act or by delivering it at the last known place of abode of that person to some adult member or employee of his family;
(b)
by leaving it at the usual or last known place of abode or business of that person in a cover addressed to that person; or(c)by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode or business.
Section 12
Appointment of committees
The Board may appoint committees which may include persons who are not members of the Board for the purposes of this Act which, in the opinion of the Board, would be better regulated and managed by means of such committees.
Section 13
Delegation of powers
(1)
The Board may, subject to such conditions as it thinks fit, delegate in writing to a person or persons or a committee appointed under section 12 any of the powers and functions of the Board, except the power to borrow money.
(2)
A power or function delegated under subsection (1), when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Board.
(3)
The Board may exercise a power or perform a function notwithstanding the delegation of such power or function under this section.
Section 14
Protection from personal liability
No suit or other proceedings shall lie personally against any member or employee of the Board or any other person acting under the direction of the Board in respect of anything which is in good faith done or intended to be done in execution of this Act.
Section 15
Annual report
The Board shall, as soon as possible and not more than 3 months after the close of each financial year, submit to the Minister an annual report on the activities of the Board during the preceding financial year and containing such information relating to the proceedings and policy of the Board as the Minister may from time to time direct, and the Minister shall as soon as practicable cause a copy of every such report to be presented to Parliament.
Section 18
Expenses
(1)
Except as otherwise provided, all expenses incurred in carrying out the purposes of this Act shall be met from the funds of the Board.
(2)
Notwithstanding any other provision of this Act, the Minister may, at any time before 6th June 1990, do all such acts and incur all such expenses as he may consider necessary in connection with the establishment of the Board, and all such acts and expenses shall be deemed to have been done and incurred by the Board.
Section 19
Power to borrow
The Board 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.
Section 20
Grants
For the purpose of enabling the Board to carry out its functions under this Act, the Minister may from time to time make grants to the Board of such sums of money as the Minister may determine out of moneys to be provided by Parliament.
Section 21
Bank accounts and application of revenue
(1)
The Board may open and maintain an account or accounts with such bank or banks as the Board thinks fit and every such account shall be operated upon by cheque signed by the chief executive officer and at least one other person as may from time to time be authorised in that behalf by the Board.
(2)
The moneys of the Board shall be applied only in payment or discharge of the expenses, obligations and liabilities of the Board and in making any payments that the Board is authorised or required to make.
Section 22
Investment
Moneys belonging to the Board may, with the approval of the Minister, be invested in such securities as trustees may by any written law be authorised to invest.
Section 23
Annual estimates
The Board shall obtain in advance the approval of the Minister for its annual estimates of expenditure and for any supplementary estimates of its expenditure.
Section 24
Income of Board to be exempt from tax, etc.
The Board shall be deemed to be —
(a)
an institution specified in the First Schedule to, and under section 13(1)(e) of, the Income Tax Act [Cap. 134]; and(b)an institution of a public character approved by the Minister for the purposes of section 37(2)(c) of the Income Tax Act.
Section 25
Further financial provisions
The financial provisions set out in the Third Schedule shall have effect in respect of the Board.
Section 26
Transfer to Board of property, assets and liabilities in relation to lands within national parks and nature reserves
(1)
On 6th June 1990, all moneys in the Nature Reserves Fund established under the Nature Reserves Act [Cap. 205] shall vest in the Board.
(2)
On 6th June 1990, all movable and immovable property vested in the Government immediately before that date used or managed by the Singapore Botanic Gardens Division of the Parks and Recreation Department including all such property at the Botanic Gardens and Fort Canning Park, and all assets, rights, interests, privileges, liabilities and obligations of the Government relating to those properties shall, subject to subsection (4), be transferred to and shall vest in the Board without further assurance.
(3)
On 6th June 1990, all movable and immovable property vested in the Government immediately before that date at the nature reserves and all assets, rights, interests, privileges, liabilities and obligations of the Government relating to those properties shall, subject to subsection (4), be transferred to and held in trust by the Board for the Government without further assurance.
(4)
Immovable property transferred to the Board under subsection (2) or (3) shall be held by the Board upon such tenure and subject to such terms and conditions as the President may determine.
(5)
If any question arises as to whether any particular movable or immovable property, or whether any particular asset, right, interest, liability or obligation has been transferred to the Board under subsection (2) or (3), a certificate under the hand of the Minister for Finance shall be conclusive evidence that the property, asset, right, interest, liability or obligation was or was not so transferred or vested.
(6)
On 6th June 1990, any scheme, contract, document, licence, permission or resolution properly prepared, made, granted or approved by or on behalf of the Government in relation to the areas designated on that date shall, except as otherwise expressly provided in this Act or in any other written law, continue and be deemed to have been prepared, made, granted or approved by the Board under this Act.
(7)
Where anything has before 6th June 1990 been commenced by or on behalf of the Government in relation to the areas designated on that date, that thing may be carried on and completed by the Board.
(8)
In any written law and in any document pertaining to matters relating to the areas designated on 6th June 1990, unless the context otherwise requires, any reference to the Commissioner of the Parks and Recreation Department or the Parks and Recreation Department shall as from that date be construed as a reference to the Board.
(9)
Any proceedings or cause of action pending or existing immediately before 6th June 1990, by or against the Government or any person acting on its behalf in relation to the areas designated on that date may be continued and enforced by or against the Board.
(10)
For the purposes of this section and section 28, areas designated on 6th June 1990 means lands located within the boundaries of the national parks and the nature reserves as designated in the First Schedule on that date.
Section 27
Transfer of employees
(1)
On 6th June 1990, such categories of persons employed immediately before that date in the Parks and Recreation Department as the Minister may determine shall be transferred to the service of the Board on terms not less favourable than those enjoyed by them immediately prior to their transfer.
(2)
Notwithstanding subsection (1), such categories of persons as the Minister may determine shall as soon as practicable be given the option of remaining in the service of the Government.
(3)
The provisions relating to the transfer of employees set out in the Fourth Schedule shall have effect.
Section 28
Deeds, bonds, agreements, etc., enforceable by or against Board
All deeds, bonds, agreements, instruments and arrangements, made by the Government or any person on behalf of the Government, subsisting immediately before 6th June 1990 relating to the areas designated on 6th June 1990 or to any person transferred to the service of the Board under section 27 shall continue in force on and after that date and shall be enforceable by or against the Board as if the Board had been named therein or had been a party thereto.
Section 29
Power to make regulations
(1)
The Board may, with the approval of the Minister, make such regulations as it thinks fit for the management and control of the national parks and the nature reserves and, in particular, for any of the following purposes within the national parks and the nature reserves:
(a)
the preservation of order and the prevention of nuisance;
(b)
prescribing the days and times of admission;
(c)
the preservation and protection of flora, fauna and property;
(d)
the admission of vehicles and the regulation of traffic;
(e)
the prohibition of any particular act therein;
(f)
prescribing the fees payable in respect of admission;
(g)
prescribing for the forfeiture, sale or disposal of any vehicle or thing removed under section 36 and the recovery of any expenses connected therewith;
(h)
prescribing the circumstances in which the owner of any matter or thing which has been brought into, left in or used in any national park or nature reserve in contravention of this Act or any regulations made thereunder shall be presumed to have committed that offence; and(i)prescribing that any act or omission in contravention of any regulations made under this Act shall be an offence and prescribing a fine not exceeding $5,000 for such offence.
(2)
In subsection (1)(h), “owner”, in relation to a vehicle, includes —
(a)
every person who is the joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the lessor under any such agreement;
(b)
the person in whose name the vehicle is registered except where such person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to him in regard to such sale or disposal; and(c)in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act [Cap. 276], the person to whom such general licence is issued.
Section 30
Offences committed by body corporate
Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be 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 the offence and shall be liable to be proceeded against and punished accordingly.
Section 31
Power to compound
The Board may compound any offence under this Act or any regulations made thereunder by accepting a sum not exceeding $500 from the person who is reasonably suspected of having committed the offence and, on payment of such sum of money, no further proceedings shall be taken against that person in respect of that offence.
Section 32
All moneys recovered to be paid to Board
All moneys recovered under this Act or any regulations made thereunder shall be paid into and form part of the general funds of the Board.
Section 33
Obstructing employees of Board
Any person who obstructs or hinders any member, employee or agent of the Board acting in the discharge of his duty under this Act or any regulations made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Section 34
Sanction of Public Prosecutor
No court shall take cognizance of any offence under this Act or any regulations made thereunder except with the sanction of the Public Prosecutor.
Section 35
Returns and information
(1)
The Board or an employee or agent of the Board authorised in that behalf by the Board may by notice require any person to furnish to the Board or employee or agent, within such period as may be specified in the notice, information within the knowledge of the person or in his custody or under his control relating to matters as may be necessary for the purposes and functions of the Board under this Act.
(2)
Any person who fails to comply with any requirement of the notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Section 36
Powers to remove persons, vehicles, etc.
A police officer or an employee or agent of the Board authorised in that behalf by the Board may remove from the national parks and the nature reserves —
(a)
any person who, in contravention of this Act or any regulations made thereunder, fails or refuses to leave a national park or nature reserve or any part thereof after being requested by the police officer or employee or agent to do so; and(b)any vehicle or thing brought into or left in a national park or nature reserve or any part thereof in contravention of this Act or any regulations made thereunder or which is likely to cause danger or obstruction.
Section 37
Power to require evidence of identity
(1)
A police officer or an employee or agent of the Board authorised in that behalf by the Board, who reasonably believes that a person has committed an offence under this Act or any regulations made thereunder, may require that person to furnish such evidence of his identity as may be required by the officer or employee or agent.
(2)
Any person who refuses to furnish information required of him by a police officer or an employee or agent under this section or who wilfully gives false information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Section 38
Power of arrest
A police officer or an employee or agent of the Board authorised in that behalf by the Board may without warrant arrest a person within the national parks and the nature reserves —
(a)
if he has reasonable cause to believe that that person has contravened this Act or any regulations made thereunder and he does not know or cannot ascertain the name and address of the person; or(b)if that person, in contravention of this Act or any regulations made thereunder, fails or refuses to leave a national park or nature reserve or any part thereof after being requested by the police officer or employee or agent to do so.
Section 39
Power of search
A police officer or an employee or agent of the Board authorised in that behalf by the Board may, within the national parks and the nature reserves if he has reason to believe that any offence has been committed under this Act or any regulations made thereunder, inspect and search any baggage, equipment, package, container, tent, vehicle, boat, craft or place and seize any thing therein which he requires as evidence that any such offence has been committed.
Section 40
Board’s symbols
(1)
The Board shall have the exclusive right to the use of such symbols or representations as it may select or devise (referred to in this section as the Board’s symbols) and thereafter display or exhibit in connection with its activities or affairs.
(2)
A person who without the permission of the Board uses a symbol or representation identical with any of the Board’s symbols, or which so resembles any of the Board’s symbols as to or be likely to deceive or cause confusion 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 6 months or to both.
Section 41
Other offences
(1)
No person shall wilfully or negligently destroy, damage or deface any object of zoological, botanical, geological, ethnological, scientific or aesthetic interest within the national parks and the nature reserves.
(2)
No person shall destroy, damage, deface or remove any notice, boundary mark or other thing whatsoever within the national parks and the nature reserves.
(3)
Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Schedule 1
FIRST SCHEDULESection 3(1)Part IDesignation of National Parks1. SINGAPORE BOTANIC GARDENS The Botanic Gardens also to be known as Singapore Botanic Gardens shall comprise all those pieces of land situated in Mukim No. 2 (Tanglin) and T.S. No. 25 described as follows:Lot No.Mukim/T.S. No.Approximate Area (square metres)97Mukim No. 2326,530.747-15T.S. No. 2512,326.647-17T.S. No. 253,866.8103-8T.S. No. 2516,402.0103-9T.S. No. 2527,288.51187 (part of)T.S. No. 25155,875.446-10T.S. No. 25213.0Total 542,503.0 The boundaries of these areas are more particularly delineated on Certified Plan to be filed in the office of the Chief Surveyor.2. FORT CANNING PARK Fort Canning Park shall comprise all those pieces of land situated in T.S. No. 20 described as follows:Lot No.T.S. No.Approximate Area (square metres)109-132037,623.9109-26 (part of)200.2110-3201,492.3110-620407.7130-5 (part of)201,340.2131 (part of)201,256.4136 (part of)201,928.7143-320371.7148-3 (part of)2017,870.2151-12015,003.3151-2208,320.61742023,894.2341202,869.8351 (part of)204,112.3366 (part of)2076,188.636820953.9369 (part of)203,019.037120261.0131 (part of)20651.3Total 197,565.3 The boundaries of these areas are more particularly delineated on Certified Plan to be filed in the office of the Chief Surveyor.Section 3(2)Part IIDesignation of Nature Reserves1. All those pieces of land situated in the Mukims of Sembawang, Mandai, Ulu Kalang, Bukit Timah and Toa Payoh in Singapore forming parts of the Public Utilities Board Catchment Area described as follows:Lot No.MukimApproximate Area (square metres)13-2No. 13 Sembawang15,520Part of 13-3 (now known as 875)No. 13 Sembawang1,928,327Part of 31-2 (now known as 187)No. 14 Mandai9,392,75428No. 15 Ulu Kalang15,02429No. 15 Ulu Kalang30430No. 15 Ulu Kalang21,60013-16No. 15 Ulu Kalang14,397Parts of 155No. 15 Ulu Kalang10,796,27966No. 16 Bukit Timah2,330,989Parts of 115-2 (now known as 5941)No. 17 Toa Payoh2,634,074Total 27,149,268 The boundaries of these areas are more particularly delineated and edged green on Certified Plan No. 13241 filed in the office of the Chief Surveyor.2. All those pieces of land situated in Mukim No. 16, Bukit Timah in Singapore known as Bukit Timah Forest Reserve comprised in lots 357, 354 and 42-1 and estimated to contain areas of 655,721.3 square metres, 7,610.6 square metres and 50,543.0 square metres, respectively, the boundaries of which are more particularly delineated on Certified Plan No. 11702 filed in the office of the Chief Surveyor.3. All that piece of land situated in Mukim No. 16, Bukit Timah in Singapore lying on the south-east of Bukit Timah Forest Reserve comprised in part of lot 81-4 (now known as Lot 912 Pt) State Land and estimated to contain an area of approximately 86,249 square metres the boundaries of which are more particularly delineated and edged green on Certified Plan No. 7497 filed in the office of the Chief Surveyor.4. All that piece of land known as Lot 1636, Mukim No. 16, Bukit Timah in Singapore, containing an area of 9,710.9 square metres the boundaries of which are more particularly delineated on Certified Plan No. 25334 filed in the office of the Chief Surveyor.
Schedule 2
SECOND SCHEDULESection 6(2)Constitution and Proceedings of BoardAppointment of Chairman and other members1.—
(1)
The Chairman and members of the Board shall be appointed by the Minister.(2) The Minister may appoint the chief executive officer to be a member of the Board.Tenure of office of members2. A member shall hold office on such conditions and for such term, as the Minister may determine, and shall be eligible for reappointment.Revocation of appointment3. The Minister may, at any time, revoke the appointment of the Chairman or any member without assigning any reason.Resignation4. Any member may resign from his appointment at any time by giving notice in writing to the Minister.Chairman may delegate functions5. The Chairman may, by instrument in writing, authorise any member to exercise any power or perform any function conferred on the Chairman by or under this Act.Vacation of office6. The office of a member shall be vacated if the member —
(a)
has been absent, without leave of the Board, from 3 consecutive meetings of the Board; or(b)becomes in any manner disqualified for membership of the Board.Filling of vacancies7. If a member resigns, dies or has his appointment revoked or otherwise vacates his office before the expiry of the term for which he has been appointed, the Minister may appoint a person to fill the vacancy for the residue of the term of which the vacating member was appointed.Disqualification from membership8. No person shall be appointed or shall continue to hold office as a member if he —
(a)
is an undischarged bankrupt or has made any arrangement with his creditors; or(b)has been sentenced to imprisonment for a term of not less than 6 months and has not received a free pardon.Disclosure of interest by members9.—
(1)
A member who is in any way, directly or indirectly, interested in a transaction or project of the Board shall disclose the nature of his interest at a meeting of the Board and the disclosure shall be recorded in the minutes of the Board and the member shall not take part in any deliberation of the Board with respect to that transaction or project.(2) For the purpose of determining whether there is a quorum, a member shall be treated as being present at a meeting notwithstanding that under sub-paragraph (1) he cannot vote or has withdrawn from the meeting.Salaries, etc., payable to members10. There shall be paid to the Chairman and other members, out of the funds of the Board, such salaries, fees and allowances as the Minister may from time to time determine.Meetings of Board11.—
(1)
The Board shall meet for the despatch of business at such times and places as the Chairman may from time to time appoint.(2) At every meeting of the Board, 5 members shall form a quorum.(3) A decision at a meeting of the Board shall be adopted by a simple majority of the members present and voting except that in the case of an equality of votes the Chairman or member presiding shall have a casting vote in addition to his original vote.(4) The Chairman, or in his absence such member as the members present shall elect, shall preside at meetings of the Board.(5) Where not less than 4 members of the Board request the Chairman by notice in writing signed by them to convene a meeting of the Board for any purpose specified in the notice, the Chairman shall, within 7 days from the receipt of the notice, convene a meeting for that purpose.Vacancies12. The Board may act notwithstanding any vacancy in its membership.Procedure at meetings13. Subject to the provisions of this Act, the Board may make rules to regulate its own procedure generally, and in particular, regarding the holding and proceedings of meetings, the notice to be given of such meetings, the keeping of minutes and the custody, production and inspection of such minutes.Validity of proceedings14. The validity of any proceedings of the Board shall not be affected by any defect in the appointment of any member or by any contravention of paragraph 8 by any member.
Schedule 3
THIRD SCHEDULESection 25Financial ProvisionsBoard’s financial year1. The financial year of the Board shall begin on 1st April of each year and end on 31st March of the succeeding year except that the first financial year shall begin on 6th June 1990 and shall end on 31st March 1991.Accounts to be kept2. The Board 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 Board and over the expenditure incurred by the Board.Financial statements3. The Board shall, as soon as practicable after the close of each financial year, prepare and submit financial statements in respect of that year to the auditor of the Board.Appointment and remuneration of auditor4.—
(1)
The accounts of the Board shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor-General.(2) A person shall not be qualified for appointment as an auditor under sub-paragraph (1) unless he is an approved company auditor under the Companies Act [Cap. 50].(3) The auditor shall be paid out of the funds of the Board.Powers of auditor5. The auditor or any person authorised by him is entitled at all reasonable times to full and free access to all accounting and other records relating directly or indirectly to the financial transactions of the Board and may make copies of, or extracts from, any such accounting and other records.Duties of auditor6.—
(1)
The auditor shall in his report state —
(a)
whether the financial statements show fairly the financial transactions and the state of affairs of the Board;
(b)
whether proper accounting and other records have been kept, including records of all assets of the Board whether purchased, donated or otherwise;
(c)
whether receipts, expenditure, and investment of moneys and the acquisition and disposal of assets by the Board during the financial year were in accordance with the provisions of this Act; and(d)such other matters arising from the audit as he considers necessary.(2) The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Board. He shall also submit such periodical and special reports to the Minister and to the Board as may appear to him to be necessary or as the Minister or the Board may require.Failure to furnish information to auditor7.—
(1)
The auditor or any person authorised by him may require any person to furnish him with such information in the possession of that person or to which that person has access as the auditor considers necessary for the purposes of his functions under this Act.(2) Any person who fails without reasonable excuse to comply with any requirement of the auditor under sub-paragraph (1) or who otherwise hinders, obstructs or delays the 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 $1,000.Presentation of financial statements and auditor’s report to Parliament8.—
(1)
The Board shall, as soon as the financial statements have been audited in accordance with the provisions of this Act, send to the Minister a copy of the audited financial statements, signed by the Chairman, together with a copy of the auditor’s report.(2) Where the Auditor-General is not the auditor of the Board a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General when they are submitted to the Board.(3) The Minister shall as soon as practicable cause a copy of the audited financial statements and of the auditor’s report to be presented to Parliament.
Schedule 4
FOURTH SCHEDULESection 27(3)Provisions Relating to the Transfer of Employees1. Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service in the Government shall continue to apply to every person transferred to the service of the Board under section 27 as if he were still in the service of the Government.2.—
(1)
The terms and conditions to be drawn up by the Board shall take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Board under section 27 while in the employment of the Government; and any term or condition relating to the length of service with the Board shall provide for the recognition of service under the Government by the persons so transferred to be service by them under the Board.(2) Nothing in the terms and conditions to be drawn up by the Board shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act [Cap. 225].(3) In every case where a person has been transferred to the service of the Board under section 27, the Government shall be liable to pay to the Board such portion of any gratuity, pension or allowance payable to that person on his retirement or otherwise leaving the service of the Board as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government bears to the aggregate amount of his pensionable emoluments during his service under both the Government and the Board.(4) Where any person in the service of the Board whose case does not come within the scope and effect of any pension or other schemes established under this section retires or dies in the service of the Board or is discharged from such service, the Board may grant to him or to such other person or persons wholly or partly dependent on him, as the Board thinks fit, such allowance or gratuity as the Board may determine.(5) Where any person who is transferred to the service of the Board under section 27 is a contributor under the Widows’ and Orphans’ Pension Act [Cap. 350], he shall for the purposes of the Act continue to make contributions under that Act as if he had not been transferred to the service of the Board and for the purposes of this Act his service with the Board shall be deemed to be service with the Government.(6) Notwithstanding the provisions of the Pensions Act [Cap. 225], no person who is transferred to the service of the Board under section 27 shall be entitled to claim any benefit under that Act on the ground that he has been retired from the service of the Government on account of abolition or re-organisation of office in consequence of the establishment and incorporation of the Board.3.—
(1)
Where on 6th June 1990, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Board, the proceedings shall be carried on and completed by the Board; but where on that date any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order or decision had been rendered thereon, the committee shall complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date.(2) An order, ruling or direction made or given by a committee pursuant to this paragraph shall be treated as an order, ruling or direction of the Board and have the same force or effect as if it had been made or given by the Board pursuant to the authority vested in the Board under this Act.4. The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst he was in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered him liable to be so reprimanded, reduced in rank, retired, dismissed or punished if he had continued to be in the employment of the Government as if this Act had not been enacted.