Small Claims Tribunals (Amendment) Act 1992

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 32]

Friday, November 13

[1992

The following Act was passed by Parliament on 14th September 1992 and assented to by the President on 17th October 1992:—

Small Claims Tribunals (Amendment) Act 1992

(No. 31 of 1992)

I assent.

WEE KIM WEE

President,

17th October 1992.

Date of Commencement: 13th November 1992

An Act to amend the Small Claims Tribunals Act (Chapter 308 of the 1985 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. This Act may be cited as the Small Claims Tribunals (Amendment) Act 1992 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 13

2. Section 13 of the Small Claims Tribunals Act (referred to in this Act as the principal Act) is amended by inserting, immediately after subsection (3), the following subsection:

“(4) The record of a tribunal relating to any claim shall be kept for a period of one year after the date of the order made by the tribunal in relation to the claim or, where there is an appeal against the order to the High Court, one year after the conclusion of the appeal.”.

Amendment of section 17

3. Section 17 of the principal Act is amended —

(a)

by deleting the words “Settlement by” in the marginal note and substituting the words “Powers of”; and

(b)

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

“(3) Where at the consultation the Registrar is of the opinion that a claim or counterclaim lodged is outside the jurisdiction of a tribunal, he shall discontinue the proceedings and advise the claimant and respondent accordingly.

(4) Any person aggrieved by a decision of the Registrar made under subsection (3) may within one month appeal to a tribunal which may make an order confirming, reversing or varying the decision of the Registrar.

(5) If a claimant fails to appear at the consultation, by himself or by a representative pursuant to section 21(2), the Registrar may make an order dismissing the claim or, where there is a counterclaim by the respondent, make any order which a tribunal may make under section 32.

(6) If the respondent fails to appear at the consultation, by himself or by a representative pursuant to section 21(2), the claimant may apply to the Registrar for any order which a tribunal may make under section 32 to be made against the respondent, and upon such application the Registrar shall grant him the order if the Registrar is satisfied that the claimant is entitled thereto and that a copy of the written claim and notice of consultation have been served on the respondent.

(7) Any order made by the Registrar under subsection (5) or (6) shall have effect as if it were an order of a tribunal made under section 32.”.

Amendment of section 21

4. Section 21 of the principal Act is amended —

(a)

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

“(aa)

a Town Council established under the Town Councils Act (Cap. 329A), one of the full-time employees of the Town Council or of its management agent may present the case on its behalf;”; and

(b)

by inserting, immediately after the word “agent” in subsection (3), the words “except as provided in subsection (2)(aa)”.

Amendment of section 28

5. Section 28 of the principal Act is amended by inserting, immediately after the word “tribunal”, the words “or the Registrar”.

Amendment of section 33

6. Section 33 of the principal Act is amended by inserting, immediately after the word “tribunal” in subsections (1) and (4), in each case the words “or the Registrar”.

Amendment of section 38

7. Section 38 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) Any award or order of the Registrar or a tribunal obtained where one party did not appear at the consultation or hearing, as the case may be, may be set aside by the tribunal on the application of that party on such terms as the tribunal thinks just.”; and

(b)

by deleting the words “7 days” in subsection (2) and substituting the words “one month”.

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