PART 6 | Powers of President, Minister or other authority to appoint public officer to serve on board and to appoint chairperson |
42.—(1) Where under the provisions of any Act power is given to the President, a Minister or any other authority to appoint any person to be a member of any board, commission, committee or similar body, it is lawful for the President, Minister or other authority, in the absence of any provision to the contrary, to appoint, by his or her official designation, any public officer.| (2) On such appointment and until the appointment is cancelled or otherwise determined, the person for the time being holding or carrying out the duties of the office in question is a member of that board, commission, committee or similar body. |
| (3) Where under the provisions of any Act power is given to the President, a Minister or any other authority to appoint any board, commission, committee or similar body, it is lawful for the President, Minister or other authority, in the absence of any provision to the contrary, to appoint a chairperson of that board, commission, committee or similar body. |
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| Prima facie evidence of signature |
| 43. Where the fiat, authorisation or sanction of the President, a Minister, the Attorney‑General, a Deputy Attorney‑General, the Solicitor‑General, the Public Prosecutor, a Deputy Public Prosecutor or any public officer is necessary before any prosecution or action is commenced or for any purpose in connection with any proceeding, any document purporting to bear the fiat, authorisation or sanction of the President, Minister, Attorney‑General, Deputy Attorney‑General, Solicitor‑General, Public Prosecutor, Deputy Public Prosecutor or public officer (as the case may be) is to be received as prima facie evidence in any proceeding without proof being given that the signature to such fiat, authorisation or sanction is that of the President, Minister, Attorney‑General, Deputy Attorney‑General, Solicitor‑General, Public Prosecutor, Deputy Public Prosecutor or public officer, as the case may be. [41/2014] |
| 44. A reference in any written law to any public officer by the usual or common title of his or her office is, if there is such an office customarily in Singapore and unless the contrary intention appears, to be read and construed as referring to the person for the time being holding or carrying out the duties of that office in Singapore. |
| Act for which payment is required need not be performed until payment is made |
45.—(1) Where any person, public officer, public department or statutory authority is required to do anything for which a fee is to be paid or a charge made under any written law, the person, public officer, public department or statutory authority may decline to do that thing —| (a) | until the fee is paid or payment is made; and | | (b) | where the precise amount of the payment to be made cannot be ascertained until the thing is done, until there is paid an amount that may be estimated to be the correct amount by the person, public officer, public department or statutory authority required to do that thing. |
| (2) Where a thing has been done for which an estimated amount has been paid, the amount must be adjusted to the correct amount either by means of a further payment or by a refund of the amount overpaid. |
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| Fees or charges may be prescribed and may be reduced, varied, remitted or refunded |
46.—(1) Where any act is required to be done or a service performed by a public body, statutory authority or public officer under or in connection with any written law, and no special provision is made thereby or thereunder for making a charge in respect of the act or service, the Minister may, by order published in the Gazette, provide for the imposition of —| (a) | such fees or charges as he may consider proper; | | (b) | the charges and penalties for the late payment of any fee or charge referred to in paragraph (a); and | | (c) | the interest payable on any outstanding amount of any fee, charge or penalty referred to in paragraph (a) or (b) or for any payment thereof by instalment. |
| (2) Any fee or charge, any charge or penalty for the late payment of any fee or charge, and any interest payable on any outstanding amount of any fee, charge or penalty or for any payment thereof by instalment, under any written law made payable to the Government or to any public body, statutory authority or public officer (not being any fee, charge, penalty or interest which is regulated by Rules of Court) may by order of the Minister be reduced, remitted or refunded, in whole or in part in the circumstances of any particular case. [Act 4 of 2008 wef 01/04/2024] |
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| Proceedings not to abate on death, etc., of official |
| 47. Any civil or criminal proceedings taken by or against any person by virtue of his or her office are not discontinued or abated by his or her death, resignation, absence or removal from office, but may be carried on by or against (as the case may be) the person appointed to perform the duties of the office. |
| Gazette to be evidence of matters therein |
48. All printed copies of the Gazette, purporting to be published by authority and to be printed by the Government Printer, are to be —| (a) | admitted in evidence by all courts and in all legal proceedings without any proof being given that those copies were so published and printed; and | | (b) | taken and accepted as prima facie evidence of subsidiary legislation, appointments, notifications and other publications therein printed and of the matters and things contained in such subsidiary legislation, appointments, notifications and publications, respectively. |
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48A.—(1) Where a written law authorises or requires a document to be served on a person, whether the expression “serve”, “give” or “send” or any other expression is used, then, unless the contrary intention appears, the document may be served —| (a) | in the case of an individual —| (i) | by delivering it to the individual personally; or | | (ii) | by leaving it at, or by sending it by prepaid post to, the usual or last known address of the place of residence or business of the individual; |
| | (b) | in the case of a partnership —| (i) | by delivering it to the secretary or other like officer of the partnership; or | | (ii) | by leaving it at, or by sending it by prepaid post to, the principal or last known place of business of the partnership in Singapore; |
| | (c) | in the case of a body corporate —| (i) | by delivering it to the secretary or other like officer of the body corporate; or | | (ii) | by leaving it at, or by sending it by prepaid post to, the registered office or a principal office of the body corporate in Singapore. |
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(2) Nothing in subsection (1) —| (a) | affects the operation of any written law that authorises the service of a document otherwise than as provided in that subsection; or | | (b) | affects the power of a court to authorise service of a document otherwise than as provided in that subsection. |
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| 49. In the measurement of any distance for the purposes of any written law, that distance must, unless the contrary intention appears, be measured in a straight line on a horizontal plane. |
50. In computing time for the purposes of any written law, unless the contrary intention appears —| (a) | a period of days from the happening of an event or the doing of any act or thing is deemed to be exclusive of the day on which the event happens or the act or thing is done; | | (b) | if the last day of the period is a Sunday or a public holiday (which days are called in this section excluded days) the period includes the next following day not being an excluded day; | | (c) | when any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceeding is considered as done or taken in due time if it is done or taken on the next day afterwards, not being an excluded day; | | (d) | when any act or proceeding is directed or allowed to be done or taken within any time not exceeding 6 days, excluded days must not be reckoned in the computation of the time. |
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51.—(1) Where any expression of time occurs in any written law or in any instrument and whenever the doing or not doing anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as declared by this section.| (2) “Standard time” means standard time as used in Singapore, namely, 8 hours, or such other period as may from time to time be determined by the President by notification in the Gazette, in advance of Coordinated Universal Time. |
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| Provision when no time prescribed |
| 52. Where no time is prescribed or allowed within which anything is to be done, that thing is to be done with all convenient speed and as often as the prescribed occasion arises. |
| Construction of power of extending time |
| 53. Where in any written law a time is prescribed for doing any act or taking any proceeding and power is given to a court or other authority to extend the time, unless the contrary intention appears, the power may be exercised by the court or other authority although the application for the extension is not made until after the expiration of the time prescribed. |
| Saving of rights of Government |
| 54. No Act affects in any manner the rights of the Government unless it is therein expressly provided, or unless it appears by necessary implication, that the Government is bound thereby. |
| 55. This Act binds the Government. |
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