PART III | FUNCTIONS, DUTIES AND POWERS OF BOARD |
7.—(1) The functions of the Board shall be —| (a) | to develop and promote Singapore as a travel and tourist destination; | | (b) | to advise the Government on matters relating to travel and tourism; | | (c) | to enhance the travel and tourism sector’s contribution to the Singapore economy; and | | (d) | to exercise licensing and regulatory functions in respect of such tourism enterprises as the Board may determine. [9/97] |
| (2) In addition to the functions of the Board under subsection (1), the Board may undertake such other functions as the Minister may assign to the Board and in so doing the Board shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Board in respect of such functions. [9/97] |
| (3) Nothing in this section shall be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court. [13A [9/97] |
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8. Subject to this Act, the Board may carry on such activities as appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act and, in particular, the Board may exercise the following powers:| (a) | to act as an agent for the Government or, with the approval of the Minister, for any person, body or organisation for the transaction of any business connected with any tourism enterprise; | | (b) | to engage in, assist in or promote the improvement of facilities for visitors to Singapore and the development of Singapore as a tourist destination; | | (c) | to secure overseas publicity for the tourist attractions in Singapore and tourism projects outside Singapore in which Singapore has an interest; | | (d) | to co-ordinate the activities of persons providing services for visitors to Singapore; | | (e) | to regulate standards to be maintained by such tourism enterprises as the Board may determine; | | (f) | to license such class or classes of tourism enterprises as the Board may determine and to prescribe the conditions under which the licences may be granted and the fees which may be levied for the licences; | | (g) | to acquire, take on lease, hire, hold and enjoy movable and immovable property and to convey, assign, surrender, charge, mortgage, demise, transfer or otherwise dispose of, or deal with, any movable or immovable property belonging to the Board upon such terms as the Board considers fit; | | (h) | to grant loans or advances to any person carrying on a tourism enterprise; | | (i) | to enter into any contract or agreement for carrying out the purposes of this Act; | | (j) | to receive, in consideration of the services rendered by the Board, such commission or payment as may be agreed upon; | | (k) | to exercise all powers and perform all duties which, under any other written law, are or may be or become vested in or delegated to the Board; | | (l) | with the approval of the Minister, to make rules for the establishment of any scheme for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees or former employees of the Board as the Board may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board; | | (m) | to carry on the business of providing transport facilities for persons visiting tourist attractions in Singapore; | | (n) | to invest any money of the Board in securities authorised for the investment of trust funds by any written law and, with the approval of the Minister, in other securities, within or outside Singapore; | | (o) | with the approval of the Minister, to subscribe for or acquire any stock, share, bond, debenture or other financial instrument in any company carrying on a tourism enterprise; | | (p) | with the approval of the Minister, to invest any money of the Board in any business within or outside Singapore which will promote or be conducive to the tourism trade in Singapore; | | (q) | with the approval of the Minister —| (i) | to enter into any joint venture with any person; or | | (ii) | to form or participate in the formation of any company, |
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| whether in Singapore or elsewhere, for the purpose of carrying out all or any of the functions of the Board; |
| (r) | with the approval of the Minister, to manage, control or supervise tourism enterprises within or outside Singapore by nominating directors or advisers, or by collaborating with persons carrying on tourism enterprises or entering into partnerships or any other arrangements with them; | | (s) | with the approval of the Minister, to borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Board as the Board may from time to time consider desirable; and | | (t) | generally to do all such matters and things as may be incidental to or consequential upon the exercise of the Board’s powers or the discharge of its duties under this Act. [14 [9/97] |
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9.—(1) The Minister may, after consultation with the Board or otherwise, give to the Board such directions, not inconsistent with the provisions of this Act, as he may think fit, as to the exercise and performance by the Board of its functions, duties and powers under this Act, and the Board shall give effect to all such directions.| (2) The Board shall furnish the Minister with such information with respect to its property and activities as he may from time to time require. [7 |
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| 10.—(1) The Board shall, with the approval of the Minister, appoint a Chief Executive for the purposes of this Act. [9/97] (2) The Chief Executive 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. [9/97] |
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| (3) If the Chief Executive is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any other reason temporarily unable to perform his duties, a person may be appointed by the Board to act in the place of the Chief Executive during such period of absence from duty. [8 [9/97] |
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| Appointment of officers and employees |
11.—(1) The Board may from time to time appoint such agents and appoint and employ such officers and employees as may be necessary for the purposes of this Act and may from time to time dismiss them.| (2) All officers and employees of the Board shall be under the administrative control of the Board. [9 |
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| Ineligibility for employment as officers or employees |
12.—(1) No person shall be eligible for employment as an officer or employee of the Board who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, for or on behalf of the Board.| (2) Any officer or employee of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice. [10 |
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| Appointment of committees and delegation of powers |
| 13.—(1) The Board may, in its discretion, appoint from among its members or other persons who are not members such number of committees consisting of members or other persons or members and other persons for purposes which, in the opinion of the Board, would be better regulated and managed by means of such committees. [9/97] | (2) The Board may, subject to such conditions or restrictions as it may impose, delegate to the Chairman, Chief Executive or a committee appointed under subsection (1) all or any of the functions, duties and powers vested in the Board by or under this Act or any other written law, and any power, function or duty so delegated may be exercised or performed by the Chairman, Chief Executive or such committee, as the case may be, in the name and on behalf of the Board. [9/97] |
| (3) The Board may, subject to such conditions or restrictions as it thinks fit, delegate to any member or employee of the Board all or any of its functions, duties and powers vested in the Board by or under this Act or any other written law, and any power, function or duty so delegated may be exercised or performed by such member or employee in the name and on behalf of the Board. |
| (4) The Board may continue to exercise a power conferred upon it, or perform a function or duty under this Act or any other written law, notwithstanding the delegation of such power, function or duty under this section. [10A [9/97] |
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| 14. For the purpose of enabling the Board to carry out its functions under this Act, the Minister may, from time to time, authorise the payment to the Board of such sums as he may determine. [11 |
| 14A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board shall issue such shares or other securities to the Minister for Finance as that Minister may from time to time direct. [5/2002 wef 15/07/2002] |
| Establishment and administration of Tourism Fund |
| 15.—(1) There shall be established a fund to be called the Tourism Fund which shall, subject to the directions of the Minister, be controlled and administered by the Board. [9/97] | (2) All moneys collected under section 8(f) and all moneys received by the Board from any source whatsoever shall be paid into the Fund. [12 |
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16. The Fund shall be devoted to the following purposes:| (a) | the payment of the expenses of, or connected with, the administration of the Board; and | | (b) | the payment of all expenses necessary for carrying out the purposes of this Act. [13 |
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| Protection of superannuation scheme |
17. The following provisions shall apply to any scheme established under any of the rules made under section 8(l) —| (a) | no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board, shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government; | | (b) | no donation by the Board or contribution by its officers made under any such scheme and no interest thereon shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government; | | (c) | no such donation, contribution or interest shall be subject to the debts of the contributor, nor shall such donation, contribution or interest pass to the Official Assignee on the bankruptcy of such contributor, but, if such contributor is adjudicated a bankrupt or is declared insolvent by a court, such donation, contribution or interest shall, subject to the provisions of this Act, be deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor; | | (d) | the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions shall continue to be made notwithstanding the provisions of any written law, and the portion of salary so deducted shall not be deemed to form part of his after-acquired property; | | (e) | subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor shall be deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of such deceased contributor, or under a nomination in such form as may be prescribed in such scheme, and shall not be deemed to form part of his estate or be subject to the payment of his debts but shall be deemed to be property passing on his death for the purposes of the Estate Duty Act (Cap. 96); | | (f) | any contributor may by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; such memorandum shall be in the form prescribed in such scheme and shall be deposited with the Board; | | (g) | if at the time of the death of any contributor or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the High Court or a Judge thereof; and | | (h) | the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Board for any moneys payable on his death out of any such scheme. [15 [4/72] |
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| 18. The financial provisions set out in the Second Schedule shall have effect with respect to the Board. [35/75] |
| 19.—(1) The Board shall, as soon as practicable after the close of each financial year but not later than 30th September of each year, submit to the Minister an annual report on the activities of the Board during the preceding financial year. [9/97] | (2) The Minister shall as soon as practicable cause a copy of every such report to be presented to Parliament. [9/97] |
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