Public Utilities (Amendment) Act 1988 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 18]

Friday, August 26

[1988

The following Act was passed by Parliament on 29th July 1988 and assented to by the President on 16th August 1988:—

Public Utilities (Amendment) Act 1988

(No. 16 of 1988)

I assent.

WEE KIM WEE,

President.

16th August 1988.

Date of Commencement: 16th September 1988

Date of Commencement: 1st September 1989

An Act to amend the Public Utilities Act (Chapter 261 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1.—(1) This Act may be cited as the Public Utilities (Amendment) Act 1988 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Amendment of section 2

2. Section 2 of the Public Utilities Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately after the definition of “Chairman”, the following definition:

“ “chief executive officer” means the chief executive officer of the Board and includes any temporary chief executive officer;”;

(b)

by inserting, immediately after the definition of “electricity”, the following definition:

“ “electricity cable” means a length of insulated single conductor (solid or stranded), or of two or more such conductors, which are laid together underground, whether or not such conductor or conductors are provided with an overall covering for mechanical protection;”; and

(c)

by deleting the definition of “General Manager”.

Amendment of section 4

3. Section 4 of the principal Act is amended —

(a)

by deleting the word “All” in the first line of subsection (2) and substituting the words “Subject to subsection (2A), all”;

(b)

by deleting the words “General Manager” wherever they appear in subsection (2) and substituting in each case the words “chief executive officer”; and

(c)

by inserting, immediately after subsection (2), the following subsection:

“(2A) All debentures, stock, bonds and other similar instruments issued by the Board under the provisions of this Act may be sealed with the common seal of the Board in the presence of the Director of Finance appointed under section 13 and any officer of the Board authorised by the Board in that behalf, who shall sign every such debenture, stock, bond or other similar instrument to which the common seal is affixed, and such signing shall be sufficient evidence that the common seal was duly and properly affixed and that it is the lawful seal of the Board.”.

Amendment of section 5

4. Section 5 of the principal Act is amended by deleting subsections (1) and (2) and substituting the following subsections:

“(1) The Board shall consist of —

(a)	a Chairman; and
(b)	not less than 5 but not more than 11 members,

all of whom shall be appointed by the Minister on such terms and conditions as he may determine.

(2) The Minister may appoint the chief executive officer to be a member of the Board.”.

Repeal and re-enactment of section 13

5. Section 13 of the principal Act is repealed and the following section substituted therefor:

“Appoinment of officers and employees

13.—(1) The Board shall, 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)	subject to the directions of the Board on matters of policy, be charged with the direction of the business of the Board, its administration and organisation, and the administrative control of its employees; and
(c)	not be removed from office without the consent of the Minister.

(3) The Minister shall consult the Public Service Commission before granting his approval under subsection (1) or before giving his consent under subsection (2)(c).

(4) The Board shall appoint and employ a Director of Finance, a Director for the Electricity Department, a Director for the Water Department and a Director for the Gas Department.

(5) The Board may, from time to time by notification in the Gazette, change the designation of any of the posts specified in subsection (4).

(6) If the chief executive officer or any person appointed to any post specified in subsection (4) is temporarily absent from Singapore or temporarily incapacitated by illness or for any other reason temporarily unable to perform his duties, the Board may appoint any person to act in his place during such temporary absence or other incapacity.”.

Amendment of section 14

6. Section 14 of the principal Act is amended —

(a)	by deleting the words “The first such list shall contain posts for all the persons transferred to the service of the Board under section 42.” in subsection (1); and
(b)	by deleting the words “General Manager” in subsection (5) and substituting the words “chief executive officer”.

Amendment of section 65

7. Section 65 of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:

“(3) Where an offence is committed against this section by any person who is the agent or employee of another person, that other person shall be liable under this Act in the same manner and to the same extent as if he had personally committed the offence unless he can prove that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.”.

New Part VIA

8. The principal Act is amended by inserting, immediately after Part VI, the following Part:

“PART VIA

CABLE DETECTION WORK

Definitions

67A. In this Part, unless the context otherwise requires —

“cable detection work” means any work of detecting or locating any electricity cables;

“cable detection worker” means any person whose trade or occupation requires or includes the personal performance by him of cable detection work;

“earth works” includes any act of excavation, levelling, piling, dredging, boring or tunnelling on or under any premises or street by any mechanical means;

“licensed”, in relation to a cable detection worker, means a person who is the holder of a current licence issued under this Part permitting him to perform such cable detection work as is specified in his licence.

Cable detection work to be carried out before earth works

67B.—(1) Subject to subsection (2), no person shall commence or carry out any earth works which are within the vicinity of any electricity cable belonging to or under the management or control of the Board unless he has caused cable detection work to be performed or carried out by a licensed cable detection worker.

(2) Nothing in subsection (1) shall prohibit a person from commencing or carrying out any earth works where he has reasonable cause to believe that it is necessary to do so in the interest of public or private safety except that the person shall, not more than 7 days after the earth works have been commenced or carried out, give to the Board notice in writing stating the nature and extent of those earth works.

(3) No person other than a licensed cable detection worker shall commence or carry out any cable detection work within the vicinity of any electricity cable belonging to or under the management or control of the Board where such cable detection work is commenced or carried out in connection or combination with or in relation to any earth works carried out or to be carried out.

(4) Any person who contravenes or fails to comply with subsection (1) or (3) shall be guilty of an offence.

Licensed cable detection workers

67C.—(1) No person shall advertise or hold himself out or conduct himself in any way or by any means as a person who is a licensed cable detection worker unless he is a licensed cable detection worker.

(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.

(3) No person other than a licensed cable detection worker shall be entitled to recover in any court any charge, fee or remuneration for any cable detection work performed or carried out by the person in Singapore.

Powers of Board

67D. The Board may —

(a)

issue a licence permitting a person to perform such cable detection work as is specified in the licence and may suspend, cancel, alter, extend, renew or replace any such licence;

(b)

classify any licence issued under paragraph (a) in such manner as it determines;

(c)

specify —

(i)	the nature of the cable detection work in respect of which a licence is issued under paragraph (a) and restrict such work to any type or class of cable detection work; or
(ii)	the circumstances or manner in which the holder of such a a licence may perform or carry out cable detection work;

(d)

impose any terms, conditions or restrictions on any licence issued under paragraph (a);

(e)

approve or conduct courses of training, including refresher courses, and provide for examinations for cable detection workers;

(f)

keep a register of licensed cable detection workers; and

(g)

do any act or thing which is prescribed or is necessary or convenient to carrying out the objects of this Act or is incidental thereto.”.

Repeal of sections 69 and 70

9. Sections 69 and 70 of the principal Act are repealed.

Amendment of section 74

10. Section 74 of the principal Act is amended —

(a)

by deleting the words “, and on an application by the Board, a court may order the offender to pay compensation to the Board for any damage done by him” in subsection (1);

(b)

by inserting, immediately after subsection (1), the following subsection:

“(1A) Notwithstanding subsection (1), any person who damages or suffers to be damaged any electricity cable belonging to or under the management or control of the Board shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year or to both.”; and

(c)

by deleting subsection (3).

New sections 74A and 74B

11. The principal Act is amended by inserting, immediately after section 74, the following sections:

“Defence to damaging electricity cable

74A.—(1) In any proceedings for an offence under section 74(1A), it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) If in any proceedings for an offence under section 74(1A) the defence involves acting on information supplied by a licensed cable detection worker, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period of 14 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of the licensed cable detection worker.

(3) In this section, “licensed cable detection worker” shall have the same meaning as in Part VIA.

Compensation for damaging property of Board

74B.—(1) Any person who removes, destroys or damages, whether wilfully or otherwise, any property belonging to the Board or hinders or prevents the property from being used or operated in the manner in which it is intended to be used or operated shall, in addition to any penalty for which he is liable for an offence under this Act, be liable to pay compensation for the damage he has done as assessed by any court of competent jurisdiction.

(2) Subject to subsection (1), any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for payment of the same.

(3) Any order made under subsection (2) may be enforced as if it were a judgment in a civil suit.”.

Repeal and re-enactment of section 75

12. Section 75 of the principal Act is repealed and the following section substituted therefor:

“Board’s symbol

75.—(1) The Board shall have the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit in connection with its activities or affairs.

(2) Any person who uses a symbol or representation identical with that of the Board, or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to 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.”.

Amendment of section 77

13. Section 77 of the principal Act is amended —

(a)

by inserting, at the end of subsection (1)(b), the word “or”;

(b)

by deleting paragraphs (c) and (d) of subsection (1) and substituting the following paragraph:

“(c)	wastes any water, gas or electricity,”; and

(c)

by deleting subsection (2) and substituting the following subsection:

“(2) Any person who —

(a)	dishonestly or fraudulently abstracts, uses or consumes, or dishonestly or fraudulently diverts or causes to be diverted; any water, gas or electricity of the Board;
(b)	without the written consent of the Board, supplies for consideration any other person with any water, gas or electricity supplied by the Board to him for domestic purposes; or
(c)	alters or tampers with any meter supplied by the Board,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction.”.

Amendment of section 83

14. Section 83 of the principal Act is amended by deleting subsection (2).

Amendment of section 85

15. Section 85 of the principal Act is amended —

(a)	by deleting “$1,000” in the last line of subsection (1) and substituting “$10,000”; and
(b)	by inserting, immediately after the word “expenses” in subsection (2), the words “determined under subsection (1)”.

Amendment of section 88

16. Section 88 of the principal Act is amended by deleting the words “General Manager” wherever they appear and substituting in each case the words “chief executive officer”.

Repeal and re-enactment of section 89

17. Section 89 of the principal Act is repealed and the following section substituted therefor:

“Jurisdiction of courts

89. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s Court shall have jurisdiction to try any offence under this Act or the regulations and to impose the full penalty or punishment in respect of any such offence.”.

Amendment of section 90

18. Section 90 (3) of the principal Act is amended by deleting “$50” and substituting “$100”.

Amendment of section 91

19. Section 91 (1) of the principal Act is amended by deleting the words “General Manager” and substituting the words “chief executive officer”.

New section 91A

20. The principal Act is amended by inserting, immediately after section 91, the following section:

“Offences committed by a body corporate

91A. 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 that offence and shall be liable to be proceeded against and punished accordingly.”.

Amendment of section 93A

21. Section 93A of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:

“(3) All sums collected under this section shall be paid to the Board.”.

Amendment of section 94

22. Section 94 of the principal Act is amended by deleting subsection (4) and substituting the following subsection:

“(4) The Board may in making any regulations provide that any person who contravenes or fails to comply with the regulations 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 one year or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part thereof during which the offence continues after conviction.”.

Transitional provisions

23.—(1) All persons who before the commencement of this Act were appointed as the Chairman and members of the Public Utilities Board shall continue to be the Chairman and members of the Board until their appointments expire or are revoked or they resign or vacate their seats.

(2) The person who immediately before the date of commencement of this Act was the General Manager of the Public Utilities Board shall be deemed to have been appointed from that date as its chief executive officer under section 13 as amended by this Act.

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