War Risks (Goods) Insurance (Winding Up) Ordinance

Bill No. 160/1962

Read the first time on 20th December 1961.

An Ordinance to provide for the winding up of the War Risks (Goods) Insurance Fund.

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title and commencement

1.—(1) This Ordinance may be cited as the War Risks (Goods) Insurance (Winding Up) Ordinance, 1961, and, with the exception of sections 8, 9 and 10 of this Ordinance, shall come into operation on such date as the Yang di-Pertuan Negara may by notification in the Gazette appoint.

(2) The Yang di-Pertuan Negara may, after the requirements of subsection (3) of section 6 of this Ordinance have been complied with, in like manner appoint a date for the coming into operation of sections 8, 9 and 10 of this Ordinance.

Interpretation

2. Expressions used in this Ordinance shall, unless the context otherwise requires, have the same meaning as in the War Risks (Goods) Insurance Ordinance, 1941 (Ord. 19 of 1941) (hereinafter in this Ordinance (Ord. 34 of 1941) referred to as the “principal Ordinance”).

Bar to legal proceedings in respect of claims or awards or in connection with winding up of Fund

3. From and after the coming into operation of this Ordinance no suit, action or other legal proceedings shall lie, be instituted or maintained against the Government or any officer, servant or agent of the Government or against the Board or any member, officer, servant or agent of the Board in respect of any claim or award under the principal Ordinance or in respect of any debt or liability incurred in connection with the operation or winding up of the Fund.

Application of Fund and transfer of assets and rights, etc., of the Board

4.—(1) As soon as may be, and in any event, not later than three months after the coming into operation of this Ordinance, the Board shall apply the Fund in the payment of outstanding claims in accordance with the provisions of the principal Ordinance:

Provided that in the event of any payment or any property, the subject of a claim for war risks under the principal Ordinance, being in dispute at the date of the coming into operation of this Ordinance, the Board may pay the amount of the claim into court or may make such other provision for the payment of such claim as the Board may, with the approval of the Minister, think fit; and subject thereto, shall deposit with and assign to the Accountant-General the balance, if any, of the Fund and any assets thereof remaining in the custody or control of the Board.

(2) The Yang di-Pertuan Negara may, at any time after the requirements of subsection (3) of section 6 of this Ordinance have been complied with, by order, direct that the rights and powers of the Board under the principal Ordinance shall be vested in the Minister, and thereupon such rights and powers shall vest accordingly.

(3) Any assets of the Fund which may come into the custody or control of the Minister after the date of the coming into operation of an order made under the provisions of subsection (2) of this section shall be deposited with and assigned to the Accountant-General.

Disposal of assets

5. The balance of the Fund and all assets of the Fund deposited with and assigned to the Accountant-General in accordance with the provisions of section 4 of this Ordinance shall be held on behalf of the Yang di-Pertuan Negara and the Yang di-Pertuan Agong and shall, after payment of such expenses in connection with the administration or management of the Fund or of the assets of the Fund or with the carrying out of the provisions of this Ordinance as the Minister shall certify to have been properly incurred, be disposed of in such manner as the Yang di-Pertuan Negara and the Yang di-Pertuan Agong shall jointly by writing direct.

Accounts

6.—(1) The accounts of the Board shall be audited by the Director of Audit as soon as may be after the Fund has been applied in accordance with the provisions of subsection (1) of section 4 of this Ordinance and the Board shall submit all such documents relating to the accounts of the Fund and supply all such information connected therewith as he shall require.

(2) As soon as the accounts of the Board have been audited in accordance with the provisions of this section, the Board shall cause a copy of the statement of account to be transmitted to the Minister together with a copy of the report made by the Director of Audit on that statement or on the accounts of the Board.

(3) The Minister shall transmit a copy of such statement and report to the Minister of the Government of the Federation of Malaya charged with responsibility for finance and shall cause a copy of such statement and report to be published in the Gazette.

Disposal of documents

7.—(1) The Board, or such person as the Yang di-Pertuan Negara shall nominate, shall dispose by destruction or otherwise of the records, books and papers in the custody of the Board, in such manner as the Yang di-Pertuan Negara and the Yang di-Pertuan Agong may jointly by writing direct.

(2) No suit, action or other legal proceedings shall lie, be instituted or maintained against any person in respect of any such disposal in accordance with the provisions of this section.

Abolition of Board

8. Upon the date appointed for the coming into operation of this section the Board shall cease to exist.

Bar to legal proceedings in respect of war risks

9.—(1) From and after the date appointed for the coming into operation of this section, notwithstanding any written law or rule of law to the contrary, no person shall be entitled to make any claims from Her Britannic Majesty or the Government or any officer, servant or agent of Her Britannic Majesty or of the Government in respect of any war risks and no suit, action or other legal proceedings shall lie or be maintained in respect of such claims in any court or before any tribunal or body established by any written law.

(2) Any decision of the Minister that any claim is or is not in respect of war risks shall be conclusive evidence that the risks in respect of which such claim was made is or is not war risks.

Indemnity

10. From and after the date appointed for the coming into operation of this section no suit, action or other legal proceedings shall lie, be instituted or maintained against the Government or any officer, servant or agent of the Government or against the Board or any member, officer, servant or agent of the Board in respect of any claim or award made under the provisions of the principal Ordinance or in respect of any debt or liability incurred in connection with the operation and winding up of the Fund or in respect of any act done or omitted to be done in relation to the administration or management of the Fund or of the assets of the Fund whether the same be done negligently or not or under a mistake of fact or law.

Repeal

11. Upon the date of the coming into operation of sections 8, 9 and 10 of this Ordinance the principal Ordinance shall be repealed.

Savings

12. Nothing in this Ordinance shall affect the rights of Her Britannic Majesty, the Yang di-Pertuan Negara or of the Government.

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