Jurong Town Corporation Bill

Bill No. 9/1968

Read the first time on 9th May 1968.

An Act to establish the Jurong Town Corporation and for purposes incidental thereto.

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

Short title

1. This Act may be cited as the Jurong Town Corporation Act, 1968.

Interpretation

2. In this Act, unless the context otherwise requires —

“Chairman” means the Chairman of the Corporation appointed under section 4 of this Act;

“Corporation” means the Jurong Town Corporation established under section 3 of this Act;

Establishment of Jurong Town Corporation

3.—(1) There shall be established in accordance with the provisions of this Act a body to be called the “Jurong Town Corporation”.

(2) The Corporation when established shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold or dispose of property, both movable and immovable, to enter into contracts, to sue and be sued in its corporate name and to perform such other acts as bodies corporate may by law perform.

Chairman of the Corporation

4. The Minister shall appoint a Chairman of the Corporation who shall —

(a)	be a full-time officer of the Corporation; and
(b)	subject to the provisions of this Act, hold office for such period and on such terms as the Minister may determine.

Constitution of the Corporation

5.—(1) The Corporation shall consist of —

(a)	a Chairman;
(b)	a Deputy Chairman to be appointed by the Minister; and
(c)	fifteen other members to be appointed by the Minister.

(2) The quorum of the Corporation shall be eight.

(3) The Corporation shall meet once at least in every month.

(4) The members of the Corporation, other than the Chairman, shall, unless their appointment is revoked by the Minister under the provisions of subsection (9) of this section or unless they resign during their period of office, hold office for a period of three years or for such shorter period as the Minister may in any case determine.

(5) If for any reason the Chairman is absent or unable to act or the office of Chairman is vacant, the Deputy Chairman may exercise all or any of the powers conferred, or perform all or any of the duties imposed, on the Chairman under this Act.

(6) The Chairman or the person lawfully acting as Chairman at any meeting of the Corporation shall have an original as well as a casting vote.

(7) A member of the Corporation shall not, in any meeting of the Corporation, participate in any discussion relating to, and shall not vote in respect of, any business in which he is interested, and if he does so his vote shall not be counted nor shall he be counted in the quorum present at such meeting.

(8) The members of the Corporation shall be paid out of the funds of the Corporation such salaries, fees or allowances as the President may determine.

(9) The Minister may at any time revoke the appointment of the Chairman, the Deputy Chairman or of any other member of the Corporation.

Direction by the Minister

6.—(1) The Minister may give to the Corporation such directions, not inconsistent with the provisions of this Act, as he deems fit, as to the exercise and performance by the Corporation of its powers, duties and functions under this Act and the Corporation shall give effect to all such directions.

(2) The Corporation shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.

Appointment of officers and servants

7.—(1) The Corporation may from time to time appoint and employ such officers and servants as may be necessary for the purposes of this Act and may from time to time dismiss them.

(2) All officers and servants of the Corporation shall be under the administrative control of the Corporation.

Rules for establishment of pension or provident fund scheme

8.—(1) Subject to the approval of the Minister, the Corporation may make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such officers or classes of officers of the Corporation, as it may determine, on their death or retirement from the service of the Corporation or on their otherwise leaving the service of the Corporation.

(2) The following provisions shall apply to any scheme established under this section —

(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 Corporation, shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debts or claim whatsoever other than a debt due to the Corporation or to the Government;
(b)	no donation by the Corporation or contribution by its officers made under any such scheme and no interest thereon 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 Corporation 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 Ordinance (Cap. 162);
(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 Corporation;
(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 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 Corporation, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Corporation for any moneys payable on his death out of any such scheme.

Appointment of committees and delegation of powers

9.—(1) The Corporation may, in its discretion, appoint from among its own members or other persons who are not members of the Corporation such number of committees consisting of members or other persons or members and other persons for purposes which, in the opinion of the Corporation, would be better regulated and managed by means of such committees.

(2) The Corporation may, subject to such conditions or restrictions as it thinks fit, delegate to any such committee or the Chairman all or any of the powers, functions and duties by this Act vested in the Corporation, except the power to borrow money or to raise loans by the issue of bonds and debentures; and any power, function or duty so delegated may be exercised or performed by such committee or the Chairman in the name and on behalf of the Corporation.

(3) The Corporation may, subject to such conditions or restrictions as it thinks fit, delegate to any employee thereof all or any of the Corporation’s functions and duties by this Act vested in the Corporation, except the power to borrow money or to raise or grant loans or advances; and any power, function or duty so delegated may be exercised or performed by such employee in the name and on behalf of the Corporation.

(4) The Corporation may continue to exercise any power conferred upon it, or perform any function or duty under this Act, notwithstanding the delegation of such power, function or duty under the provisions of this section.

Protection from personal liability

10.—(1) No matter or thing done and no contract of any kind entered into by the Corporation and no matter or thing done by any member of the Corporation or by any employee thereof or any other person whomsoever acting under the direction of the Corporation shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Act, subject any such member or employee or any person acting under the direction of the Corporation personally to any action, liability, claim or demand whatsoever in respect thereof.

(2) Any expense incurred by the Corporation or any member, employee or other person so acting under the direction of the Corporation shall be borne by and repaid out of the funds of the Corporation.

Members and officers of the Corporation deemed to be public servants

11. The members of the Corporation and the employees thereof, of every description, shall be deemed to be public servants within the meaning of the Penal Code (Cap. 119).

Provision of working capital

12. For the purpose of enabling the Corporation to carry out its objects and to defray expenditure properly chargeable to capital account, including defraying initial expenses, and for the provision of working capital, the Minister may authorise payment to the Corporation of such sums as he may determine.

Duties and powers of the Corporation

13.—(1) It shall be the duty of the Corporation to provide facilities for the management of industrial estates and sites in Singapore and amenities for the advancement of the well-being of the people living and working in such industrial estates and sites.

(2) The Corporation shall have power for the purpose of the discharge of its duties under subsection (1) of this section —

(a)	to carry on all activities, the carrying on of which appears to the Corporation to be necessary, advantageous or convenient for or in connection with the discharge of its said duty;
(b)	to promote the carrying on of any such activities by other bodies or persons;
(c)	to carry on such activities in association with other bodies or persons, including departments or authorities of the Government;
(d)	to purchase, acquire or lease any land required for the purpose of the discharge of its duties under this Act;
(e)	to sell or lease land for the purposes of industrial sites, for the housing of employees or for general economic development;
(f)	to lay out industrial sites for sale or lease;
(g)	to provide technical advice and assistance to industrial enterprises and businesses in the industrial estates and to build up a corps of engineering and managerial staff to provide such assistance;
(h)	to prepare and execute proposals, plans and projects for the erection, conversion, improvement and extension of any building for sale, lease, rental or other purpose;
(i)	to provide and maintain housing accommodation including convalescent or holiday houses for employees of the Corporation, to provide and maintain for such employees clubs and playing fields and to provide educational facilities for them; to grant loans to such employees or to act as guarantor for loans taken by them, to enable them to purchase their own houses and vehicles; and to award scholarships or to give loans to such employees to obtain professional, technical or other training.

Borrowing powers

14.—(1) The Corporation may, from time to time, for the purposes of this Act raise loans —

(a)	from the Government; or
(b)	with the approval of the Minister and subject to the provisions of any written law, by any of the methods set out in section 15 of this Act.

(2) The Corporation shall pay interest on such loans at such rate and at such times, and shall make such provisions for the mode and time or times of repayment of principal as may be approved by the Minister.

(3) The Corporation may, from time to time, borrow by way of temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require —

(a)	for the purpose of defraying expenses pending the receipt of revenues receivable by it in respect of the period of account in which those expenses are chargeable; or
(b)	for the purpose of defraying, pending the receipt of money due in respect of any loan authorised to be raised under the provisions of subsection (1) of this section, expenses intended to be defrayed by any such loan.

(4) Bonds and debentures of the Corporation shall be guaranteed by the Government as to the repayment of principal and the payment of interest at such rate as may be approved by the Minister.

(5) For the purposes of subsection (1) of this section, the power to raise loans shall include the power to make any financial agreement whereby credit facilities are granted to the Corporation for the purchase of goods, materials or things.

Loan conditions

15. Where the Corporation is authorised to borrow money it may, subject to the approval of the Minister, raise the money either by —

(a)	mortgage; or
(b)	charge, whether legal or equitable, on any property vested in the Corporation or on any revenue receivable by the Corporation under this Act or any other written law; or
(c)	the creation and issue of debentures, stocks or bonds,

and may, with the like approval, fix such rates of interest and such terms, conditions and periods to secure the repayment of the sums borrowed as it thinks fit.

Annual financial statement

16.—(1) The Corporation shall at the end of every year transmit to the Minister a statement showing —

(a)	the amount of any loan outstanding at the end of such year; and
(b)	the amount standing to the credit of any sinking fund formed for the purpose of repayment of any loan and the manner in which such amount is for the time being invested.

(2) The annual statement referred to in subsection (1) of this section shall be published in the Gazette.

Budget

17. The Corporation shall in every year cause to be prepared in a form to be approved by the Minister a budget to be forwarded to the Minister not later than the 15th day of August containing estimates of income and expenditure of the Jurong Town Corporation Fund for the ensuing year —

(a)	on capital acount;
(b)	relating to the management and maintenance of industrial sites, housing and ancillary services; and
(c)	relating to the execution of its powers, functions and duties.

Approval of budget by Minister

18.—(1) The Minister may approve or disallow any item or portion of any item shown in the budget, and shall return the budget as amended by him to the Chairman.

(2) The budget as approved by the Minister shall be published in the Gazette and the Corporation shall be bound thereby.

Supplemental budgets

19.—(1) The Corporation may at any time cause to be prepared a supplemental budget to provide, subject to the provisions of paragraph (d) of subsection (2) of section 25 of this Act, for unforeseen or urgently required expenditure containing —

(a)	a revised estimate of the income for the current year;
(b)	a revised estimate of the expenditure for the current year; and
(c)	a statement showing how provision is therein made to meet additional expenditure.

(2) A supplemental budget shall be dealt with in the manner provided in section 18 of this Act for the annual budget.

Accounts

20.—(1) The accounts of the Corporation shall be kept by a Financial Officer appointed by and responsible to the Corporation.

(2) All such accounts shall be made up yearly to the 31st day of December and shall be submitted for audit not later than the 30th day of April in every year.

Appointment and powers of auditors

21.—(1) The Minister shall nominate for every year an auditor of the Corporation’s accounts who shall maintain and keep a continuous audit of the accounts during such year.

(2) The auditor shall be paid out of the Jurong Town Corporation Fund such remuneration as the Minister may from time to time determine.

(3) For the purpose of any audit of accounts under this Act, the auditor may by notice in writing require the production before him of any book, deed, contract, account, voucher or other document which he may deem necessary, and may require any person holding or accountable for any such document to appear before him and make and sign a declaration with respect thereto and may require from any person such information or explanation as he deems necessary.

(4) Any person who, being required by the auditor under subsection (1) of this section to produce any document or to appear before him and make and sign a declaration or to furnish information or explanation, fails without reasonable excuse to comply with such requisition, shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two hundred dollars, and in the case of continuing failure to a fine not exceeding one hundred dollars for each day after the first day during which such failure continues.

Reports by auditor

22. The auditor shall, not later than the 30th day of June next following the end of the year in respect of which he is appointed, send to the Corporation and to the Minister a report of his audit and may also submit such periodical and special reports as may to him appear necessary.

Annual statement of account

23.—(1) The Corporation shall, not later than the 31st day of July in every year, forward to the Minister a statement of accounts showing the income and expenditure on account of the Jurong Town Corporation Fund in the previous year and a balance-sheet, signed by the Chairman and the Financial Officer and certified by the auditor.

(2) The annual statement and the balance-sheet referred to in subsection (1) of this section shall be published in the Gazette.

Bank account

24.—(1) All moneys paid to the Corporation, other than for the purposes of a pension scheme or schemes or a provident fund or funds established under section 8 of this Act, shall forthwith be paid into such bank or banks as may from time to time be decided by the Corporation to the credit of a fund to be called the “Jurong Town Corporation Fund”. The Fund shall include a Capital Account and a General Account.

(2) The Capital Account shall include particulars of the expenditure of moneys provided by the Government and by the raising of loans for the purchase of land and for building.

(3) The General Account shall contain —

(a)

on the income side —

(i)	the proceeds of rents from all industrial sites, building and housing owned by the Corporation;
(ii)	contributions from lessees and tenants in respect of conservancy and service charges and income from other miscellaneous sources; and
(iii)	grants from the Government by way of subsidy; and

(b)

on the expenditure side —

(i)	the cost of administration of the Corporation;
(ii)	the cost of designing and supervising the erection of new buildings;
(iii)	the cost of managing the industrial estates;
(iv)	contributions to the Government in respect of property tax, and payments in respect of conservancy and service charges;
(v)	the cost of maintenance of buildings;
(vi)	contributions for building repairs;
(vii)	the payments of interest and repayments of principal on loans; and
(viii)	any other expenditure properly chargeable in the opinion of the Corporation to such account.

Payments to be made in accordance with budget

25.—(1) No payment shall be made out of the Jurong Town Corporation Fund unless the expenditure of the same is covered by an item in a budget and a sufficient balance for such item is available.

(2) Notwithstanding the absence of such provision, the Corporation may pay —

(a)	sums deposited by contractors or other persons whenever by the conditions of such deposit any such sum has become repayable;
(b)	sums collected and credited to the funds of the Corporation in error;
(c)	sums payable by the Corporation under any award of the Collector of Land Revenue or under any of the provisions of this Act or of any other written law relating to the acquisition of land for a public purpose or under any judgment or order of any court; and
(d)	any expenditure incurred to secure the proper execution of the functions and duties of the Corporation under this Act which in the opinion of the Corporation cannot be postponed.

(3) Provision shall be made in a supplemental budget for any payment made under paragraph (c) or (d) of subsection (2) of this section.

Transfer of sums from one item to another

26. Notwithstanding any of the provisions of this Act, the Corporation may transfer all or any part of moneys assigned to one item of expenditure to another item under the same head of expenditure in a budget approved by the Minister.

Investment

27. Money standing to the credit of the Corporation may from time to time be invested in any of the securities in which trust funds may, by section 4 of the Trustees Act, 1967 (Act 17 of 1967), be invested.

Compulsory acquisition of land

28. Where any immovable property, not being State land, is needed for the purposes of the Corporation and cannot be acquired by agreement, the Corporation may request and the President may, if he thinks fit, direct the acquisition of such property and, in such case, such property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose and any declaration required under any such law that such land is so needed may be made notwithstanding that compensation is to be paid out of the funds of the Corporation, and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law.

Annual report

29. So soon as may be after the 1st day of January in every year but not later than the 31st day of March in every year unless expressly authorised in writing by the Minister, the Corporation shall prepare a report of its operations in the preceding year and shall send a copy of such report to the Minister who shall present a copy of every such report to Parliament.

Special provisions as to purchase by or sale to the Corporation of land, etc

30. For the purpose of the registration of any assurance pertaining to the sale or the purchase by the Corporation of any land, the mortgage of such land or the reconveyance or discharge of such mortgage —

(a)	in the case of land registered under the provisions of the Registration of Deeds Ordinance (Cap. 225), the provisions of section 12 of the said Ordinance shall not apply; and
(b)	in the case of land registered under the provisions of the Land Titles Ordinance, 1956 (Ord. 21 of 1956), where a solicitor is not employed by the Corporation, a certificate of an officer of the Corporation shall be sufficient for the purposes of subsection (3) of section 44 of the said Ordinance.

Regulations

31.—(1) The Minister may, after consulting with the Corporation, make such regulations as he may consider necessary or desirable for the proper conduct of the business of the Corporation including, without prejudice to the generality of the foregoing, regulations with regard to any of the following matters: —

(a)	the convening of meetings of the Corporation and the procedure to be followed thereat;
(b)	the provision of a common seal and the custody and use thereof;
(c)	the manner in which documents, cheques and instruments of any description shall be signed or executed on behalf of the Corporation;
(d)	the manner and terms of issue and redemption of bonds and debentures by the Corporation; and
(e)	generally for the exercise of the Corporation’s powers under the provisions of this Act.

(2) All regulations made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.

Exemption from stamp duty and income tax

32. The Corporation shall be exempt from the payment of stamp duty and income tax under any written law for the time being in force relating to stamp duties or income tax.

Penalties

33. Any person who obstructs any officer of the Corporation or any person duly authorised by the Corporation in that behalf in the performance of any thing which the Corporation is by this Act required or empowered to do shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term which may extend to six months.

Transfer to Corporation of assets and liabilities of Economic Development Board

34.—(1) Upon the coming into operation of this Act such of the lands, buildings and other property, movable and immovable of the Economic Development Board constituted under the provisions of the Economic Development Board Ordinance, 1961 (Ord. 21 of 1961), including all such assets, powers, rights, interests and privileges as well as such debts, liabilities and obligations in connection therewith or appertaining thereto as may be specified by the Minister by notification in the Gazette shall be deemed to have been transferred to and vested in the Corporation without further assurance.

(2) Any proceeding or cause of action pending or existing immediately prior to the date of the coming into operation of this Act by or against the Economic Development Board in respect of the movable or immovable property transferred to the Corporation under this section may be continued and enforced by or against the Corporation as it might have been by or against the Economic Development Board had this Act not come into operation.

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