Mass Rapid Transit Corporation (Amendment) Bill

Bill No. 10/1987

Read the first time on 20th May 1987.

An Act to amend the Mass Rapid Transit Corporation Act (Chapter 172 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 Mass Rapid Transit Corporation (Amendment) Act 1987 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Mass Rapid Transit Corporation Act (referred to in this Act as the principal Act) is amended —

(a)

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

“ “licensee” means a company which is licensed under this Act to operate the Mass Rapid Transit System;”;

(b)

by inserting, immediately after the words “part thereof” in the definition of “Mass Rapid Transit System”, the words “set up or”;

(c)

by inserting, immediately after the word “infrastructures” in the definition of “railway”, the words “constructed or”; and

(d)

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

“ “railway premises” means any area, space or building owned or occupied by the Corporation which is designed, equipped or set apart for the carriage of passengers by train or for affording facilities incidental to the carriage of passengers by train and includes any train on such premises;”.

Amendment of section 4

3. Section 4 of the principal Act is amended —

(a)

by deleting the word “and” at the end of paragraph (a), and by inserting immediately thereafter the following paragraph:

“(b)	to approve and regulate the operation of the Mass Rapid Transit System by any licensee having regard to the reasonable requirements of the public transport system of Singapore; and”; and

(b)

by re-lettering the existing paragraph (b) as paragraph (c).

Amendment of section 5

4. Section 5 of the principal Act is amended —

(a)

by deleting the word “and” at the end of paragraph (f) of subsection (2);

(b)

by deleting paragraph (g) and substituting the following paragraphs:

“(g)	issue licences, with or without conditions, to such company or companies as the Corporation thinks fit to operate the Mass Rapid Transit System; and
(h)	with the approval of the Minister, form or participate in the formation of a company or companies under the provisions of any written law in force relating to companies.”;

(c)

by deleting subsection (3); and

(d)

by renumbering subsection (4) as subsection (3).

New Part IIA

5. The principal Act is amended by inserting, immediately after Part II, the following Part:

“PART IIA

LICENCES

Operating the Mass Rapid Transit System without licence

16A. Any person who operates the Mass Rapid Transit System without being licensed by the Corporation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 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 not exceeding $5,000 for every day during which the offence continues after conviction.

Licence to operate Mass Rapid Transit System

16B.—(1) Subject to the provisions of this Act, the Corporation may grant to any company a licence to operate the Mass Rapid Transit System for such period as may be specified in the licence.

(2) Every licensee shall be authorised under this Act to operate the Mass Rapid Transit System for the period specified in the licence unless the licence is earlier revoked, cancelled or suspended under the provisions of this Act.

(3) The fee for a licence to operate the Mass Rapid Transit System shall be such amount as may be prescribed.

Matters to be considered by Corporation in granting licence

16C. In exercising its discretion to grant or refuse a licence to operate the Mass Rapid Transit System, the Corporation shall have regard to the financial standing of the applicant and its ability to maintain an adequate, satisfactory, safe and efficient service.

Conditions of licence

16D. In granting a licence to operate the Mass Rapid Transit System, the Corporation may impose such conditions as it thinks fit, and may, in particular, impose conditions relating to —

(a)	the extent, hours and general level of services;
(b)	the safety of persons using or engaged in work on the Mass Rapid Transit System;
(c)	the maintenance and operation of the railway;
(d)	the approval of persons who are to be appointed as directors of the licensee; and
(e)	the deposit of security or bank guarantee to the satisfaction of the Corporation for the due performance by the licensee of all or any obligations imposed upon it by the licence or by this Act or any regulations made thereunder.

Suspension or cancellation of licence, etc.

16E. If any licensee —

(a)	contravenes or fails to comply with or fails to secure the compliance by its servants, agents or contractors with any of the conditions of the licence to operate the Mass Rapid Transit System or with the provisions of this Act or any regulations made thereunder; or
(b)	in the opinion of the Corporation, fails or is likely to fail to provide and maintain an adequate, safe and satisfactory service,

the Corporation may, by notice in writing and without any compensation, do either or both of the following:

(i)	suspend or cancel the licence;
(ii)	forfeit the whole or any part of any security deposited with the Corporation by the licensee or by his bank pursuant to a bank guarantee.

Appeal

16F.—(1) Any person who is aggrieved by any decision of the Corporation under section 16E may appeal to the Minister whose decision shall be final.

(2) An appeal under this section shall be instituted within 14 days after such person has been given the notice in writing referred to in section 16E.”.

Amendment of heading of Part IV

6. The principal Act is amended by deleting the heading of Part IV and substituting the following heading:

“FURTHER RIGHTS AND POWERS OF THE CORPORATION FOR THE PURPOSES OF THE CONSTRUCTION AND OPERATION OF THE MASS RAPID TRANSIT SYSTEM”.

Repeal and re-enactment of section 28

7. Section 28 of the principal Act is repealed and the following section substituted therefor:

“Power to enter State land to lay and operate railway

28. For the purpose of constructing, maintaining and operating the railway, the Corporation or any person authorised by the Corporation may, at any reasonable time, enter upon any State land within or adjoining the railway area and may, subject to the approval of the Collector of Land Revenue, lay, construct and operate the railway in, under or over the State land and do all things as are reasonably necessary for the laying, construction, maintenance and operation of the railway.”.

New section 29A

8. The principal Act is amended by inserting, immediately after section 29, the following section:

“Creation of rights in, under or over land

29A.—(1) From the date of publication in the Gazette of a notice of creation of a right under this section, the Corporation or any person authorised by the Corporation may, at any reasonable time and for the purposes of and incidental to the operation of the railway, enter upon such land within the railway area as described in the notice, not being State land or land belonging to or acquired by the Corporation, and exercise such permanent rights in, under or over such land or such rights of temporary occupation of the land as may be specified in the notice.

(2) A notice of creation of a right under this section shall —

(a)	be made by the Corporation;
(b)	describe the right in, under or over land or the right of temporary occupation and the area of land subject to such right; and
(c)	state particulars of the places and times at which a copy of a plan of the area of land subject to such right may be inspected.

(3) Any right referred to in a notice of creation of a right under this section shall be limited to a right conferring such rights and powers as are necessary or convenient for the operation of the railway and for all purposes connected with or incidental to such operation.”.

Amendment of section 36

9. Section 36 of the principal Act is amended —

(a)	by inserting, immediately after the word “Corporation” in the second line of subsection (1), the words “or any other person”;
(b)	by inserting, immediately after the word “Corporation” in subsection (1)(a), the words “or such other person”; and
(c)	by deleting the word “Schedule” wherever it appears and substituting in each case the words “First Schedule”.

New section 36A

10. The principal Act is amended by inserting, immediately after section 36, the following section:

“Claims against persons other than Corporation

36A. Where an action claim or proceeding is brought against any person other than the Corporation to recover the damages, compensation or costs for —

(a)	damage or disturbance to or loss of or in the value of any land, chattel, trade or business;
(b)	personal disturbance or inconvenience; or
(c)	extinguishment, modification or restriction of rights,

in pursuance of one of the rights to compensation provided for in section 36, sections 37, 38, 40 and 42 shall apply and any reference to the Corporation in those sections shall be read as a reference to that other person.”.

Amendment of section 37

11. Section 37 of the principal Act is amended by deleting the word “Schedule” wherever it appears and substituting in each case the words “First Schedule”.

New Part VIA

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

“PART VIA

SAFETY OF RAILWAY

Appointment of inspector

46A.—(1) The Minister may in writing appoint any public officer to be an inspector for the purposes of this Part.

(2) The powers conferred by section 46B or by regulations made under this Act shall be exercised by an inspector only —

(a)	for the purpose of ensuring the safety of the railway or any part thereof; or
(b)	when an inspector is directed to do so pursuant to such regulations, for the purpose of investigating an accident on any part of the railway,

after the railway or the part in question has commenced operation for public use.

(3) On the occasion of the exercise of any power, an inspector shall produce evidence of his identity, and of his appointment, to any person who requests him to do so.

(4) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers.

General powers of inspectors

46B.—(1) An inspector may —

(a)

at all reasonable times enter upon premises to which this subsection applies;

(b)

carry out on premises to which this subsection applies, or on any machinery, plant or equipment thereon, such tests and inspections as he considers expedient;

(c)

require any person to whom this subsection applies —

(i)	to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection; and
(ii)	to provide the inspector with such information relating to the railway or any machinery, plant or equipment connected with the railway as the inspector may specify, and to answer any question or produce for inspection any document which is necessary for that purpose; and

(d)

take copies of any document produced to him pursuant to paragraph (c)(ii).

(2) Subsection (1) shall apply to —

(a)	the railway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the railway; and
(b)	any employee of the Corporation, any licensee, any employee of the licensee, any contractor or subcontractor mentioned in paragraph (a) and any employee of such a contractor or subcontractor.

(3) Any person who —

(a)	without lawful excuse, fails to comply with a requirement under subsection (1)(c);
(b)	knowingly furnishes to an inspector acting under subsection (1)(c) information that is false or misleading in a material particular; or
(c)	obstructs an inspector in the exercise of his powers 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.

Minister may order defects to be remedied

46C.—(1) Where in the opinion of the Minister —

(a)	the condition of any part of the railway which has been brought into operation or of any machinery, plant or equipment of such part; or
(b)	the manner in which the railway or any part thereof is being operated,

is such as to cause, or to be likely to cause, a risk of injury to any person, the Minister may, by order in writing, direct the Corporation or the licensee, whichever is the relevant party, or both the Corporation and the licensee, to carry out such work, or to take such steps, as the Minister may specify in the order to ensure that the condition of the railway, or of the part of the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk.

(2) An order made under subsection (1) may specify the time before which the Corporation or licensee or both, as the case may be, shall commence to carry out the specified work or take the specified steps and the time by which the same shall be completed.

(3) The Corporation or licensee who fails without reasonable excuse to comply with an order made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine of $500 for every day during which it is proved to the court that the failure to comply with the order has continued without reasonable excuse.

(4) Any copy of a document which purports to be an order signed by the Minister for the purposes of subsection (1) —

(a)	shall be admitted in evidence in proceedings for an offence under subsection (3) on its production without further proof; and
(b)	shall be evidence of the opinion of the Minister and of the other matters contained therein.

Offence of wilfully endangering safety

46D. Any person who wilfully does or omits to do anything in relation to the railway as a result of which the safety of any person travelling or being upon the railway is endangered, or is likely to be so endangered, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.”.

New sections 48A to 48G

13. The principal Act is amended by inserting, immediately after section 48, the following sections:

“Power to require evidence of identity in certain cases

48A.—(1) Any police officer or employee of the Corporation who reasonably believes that any person has committed an offence under this Act or any regulations made thereunder may require such person to furnish evidence of his identity and such person shall thereupon furnish such evidence of his identity as may be required by such police officer or employee of the Corporation.

(2) Any person who refuses to furnish any information required of him by any police officer or any employee of the Corporation under subsection (1) or wilfully mis-states such information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

Powers of arrest

48B.—(1) A police officer, or any employee of the Corporation generally or specially authorised in writing by the chief executive officer appointed under section 12, may arrest without warrant any person found committing or whom he has reason to believe has committed an offence punishable under this Act or any regulations made thereunder.

(2) No person arrested under subsection (1) shall be detained longer than is necessary for bringing him before a court unless the order of court for his continued detention is obtained.

Court for trial of offence

48C. Notwithstanding the provisions of any written law to the contrary, a District Court or a Magistrate’s Court shall have jurisdiction to try any offence under this Act and award the full punishment for such offence.

Offences committed by body corporate

48D. Where a body corporate is guilty of an offence under this Act or any regulations made thereunder 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.

Powers of composition

48E.—(1) The Corporation may in its discretion compound any offence under any regulations made under this Act which is prescribed as an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $200.

(2) The Corporation may, with the approval of the Minister, make regulations prescribing the offences which may be compounded.

Public Prosecutor to sanction prosecution

48F.—(1) No proceedings for an offence punishable under this Act or any regulations made thereunder shall be instituted except by or with the sanction of the Public Prosecutor.

(2) Any employee of the Corporation or any police officer may conduct such a prosecution on behalf of the Corporation.

Symbol, design or representation of Corporation

48G.—(1) The Corporation shall have the exclusive right to the use of the symbol a representation of which is set out in the Second Schedule.

(2) Any person who, without the permission of the Corporation, uses the Corporation’s symbol or uses a symbol which so resembles the symbol thereof as to nearly deceive or cause confusion or to 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.”.

Repeal and re-enactment of section 49

14. Section 49 of the principal Act is repealed and the following section substituted therefor:

“Regulations

49.—(1) The Corporation may, with the approval of the Minister, make regulations for or in respect of every purpose which is considered by the Corporation necessary or expedient for carrying out the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), the Corporation may make regulations for all or any of the following purposes:

(a)

controlling and regulating —

(i)	the maintenance and operation of the railway;
(ii)	the work and conduct of the employees of the Corporation;
(iii)	the conduct of members of the public using the railway or on railway premises;
(iv)	a system for evidencing (whether by the issue of tickets or otherwise) the payment of fares on the railway and any contract of carriage of passengers thereon;
(v)	advertising on railway premises; and
(vi)	the custody and disposal of property found on railway premises;

(b)

providing the safety of persons using or engaged in work on the railway;

(c)

prescribing the terms and conditions relating to the use of railway premises;

(d)

protecting the property of the Corporation on railway premises;

(e)

the investigation and notification of accidents;

(f)

prescribing the powers and duties of inspectors appointed for the purposes of Part VIA for the administration and enforcement of that Part; and

(g)

prescribing the fees for services rendered by the Corporation.

(3) The Corporation may, in making any regulations, provide that any contravention of, or failure or neglect to comply with, any regulations shall be an offence and may prescribe the fine with which such offence shall be punishable but so that no such fine shall exceed for any one offence the sum of $5,000 and, in the case of a continuing offence, a further sum of $100 for every day or part thereof during which the offence continues after conviction.”.

Miscellaneous amendments

15. The principal Act is amended by deleting the word “rules” in sections 11(2), 12(5) and 13(1) and substituting in each case the word “regulations”.

Amendment of Schedule

16. The Schedule to the principal Act is amended —

(a)	by deleting the word “THE” in the first line and substituting the word “FIRST”; and
(b)	by inserting, immediately after the word “Corporation” in the heading in the fourth column in Part I, the words “or other person”.

New Second Schedule

17. The principal Act is amended by inserting, immediately after the First Schedule, the following Schedule:

“SECOND SCHEDULE

Section 48G

”.

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