Town Councils Act 1988

Source: Singapore Statutes Online | Archived by Legal Wires

Town Councils Act 1988
2020 REVISED EDITION
This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021
An Act to provide for the incorporation of Town Councils to control, manage, maintain and improve the common property of housing estates of the Housing and Development Board, their constitution, functions and for matters incidental thereto.
[5 August 1988]
PART 1
PRELIMINARY
Short title
1.  This Act is the Town Councils Act 1988.
Interpretation
2.—(1)  In this Act, unless the context otherwise requires —
“appointed member”, in relation to a Town Council, means a person who has been appointed to be a member of the Town Council under section 8 or 9(8);
“Board” means the Housing and Development Board established under the Housing and Development Act 1959;
“chairperson”, in relation to a Town Council, means the chairperson of the Town Council and includes an acting chairperson of the Town Council;
“charges” means the conservancy and service charges levied by a Town Council under section 53;
“commercial property” means any building or premises vested in or belonging to the Board (or part of such building or premises) which is permitted under the Planning Act 1998 to be used wholly or partly as —
(a)a market, food centre, confectionery, bakery, restaurant or bar, or an eating house;
(b)an office or a place of business and for conducting administrative work;
[S 759/2022]
(c)a shop or premises for the carrying on of any trade or business where the primary purpose is the sale of goods by retail or the provision of services;
Examples
     A furniture shop, department store, supermarket, dispensary, medical clinic, dental clinic, beauty salon, ticket agency, travel agency, laundry shop, dry cleaner’s shop, pet shop, video games arcade, computer gaming centre, billiard saloon, bowling alley, bank or multimedia kiosk, or an automated teller machine.
(d)a place —
(i)for the care or education, or care and education, of children below 7 years of age; or
(ii)at which 5 or more school-going children who are 7 years of age or older but below 14 years of age are habitually received for the purposes of care and supervision before or after school hours;
(e)premises —
(i)for the reception, lodging and care of aged or disabled persons or persons suffering or convalescing from any sickness, injury or infirmity; or
(ii)for any type of examination of the human body or of any matter derived from the human body for the purpose of providing information for the diagnosis, prevention or treatment of any disease or for the assessment of the health of any person;
Examples
     A hospice, convalescent home or nursing home, or a dialysis centre, cancer screening centre or medical health centre.
(f)a kindergarten registered under section 23 of the Education Act 1957 or an institution providing education or instruction;
Examples
     A tuition centre, language school, computer school, music school, dance school, speech and drama school, child development centre or play school, or an art school or acting school.
(g)a sports club, community centre, community club, family service centre or residents’ committee centre, or premises for community-based activities, and includes an office of such a club, centre or committee; or
(h)a police post, fire station or civil defence centre,
but excludes any property specified or described by the Minister, by order in the Gazette, as not to be a commercial property for the purposes of this Act;
“common property”, in relation to any residential or commercial property in a housing estate of the Board, means so much of the land and all parts of any building of the Board as are not comprised in the flats in the building and, for any housing estate mentioned in section 77(4), in respect of which a handover notice issued under section 77 is in effect, and includes —
(a)the columns, beams, supports, external walls, roofs and storage spaces, lobbies, corridors, stairs, stairways, fire escapes, entrances and exits;
(b)firefighting and protection system;
(c)the central and appurtenant installations for services such as power, light, sanitation and water;
(d)the escalators, lifts, water tanks, pumps, motors, fans, compressors, ducts and all other apparatus and installations existing for common use;
(e)the common facilities in the housing estate built for the use or enjoyment of the residents;
(f)all recreational or community facilities, and gardens;
(g)all directional signs and signboards;
(h)the land appurtenant to the building and all other parts of the land intended for the use or enjoyment of the residents; and
(i)such other property as may be prescribed,
but does not include —
(j)bus terminals and interchanges;
(k)drains, sewers and lightings maintained by the Government;
(l)swimming pools and other sports complexes;
(m)public roads and parking places; and
(n)such other property as may be prescribed;
“constituency” means an electoral division under the Parliamentary Elections Act 1954 and includes a group representation constituency;
“elected member”, in relation to a Town Council, means a Member of Parliament for any constituency comprised within the Town for which the Town Council is established;
“finance manager”, for a Town Council, means an individual (other than a member) who occupies a position in the Town Council and is primarily responsible to the Town Council for —
(a)the supervision and administration of the accounting systems of the Town Council, including —
(i)keeping proper accounts and records of the Town Council’s transactions and affairs;
(ii)ensuring that all payments out of the Town Council’s moneys are correctly made and properly authorised; and
(iii)ensuring that adequate control is maintained over the receipt, custody, investment, safekeeping and expenditure of moneys and other assets of, or in the custody or control of, the Town Council;
(b)the preparation and revision of estimates of the revenue and expenditure of the Town Council under section 51;
(c)ensuring that the financial statements of the Town Council comply with this Act; and
(d)generally all financial matters relating to the Town Council;
“Financial Rules” means the rules made under section 57;
“flat” means a horizontal stratum of any building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of human habitation or business;
“general manager”, for a Town Council, means an individual (other than a member) who occupies a position in the Town Council having the general control and management of the administration of the Town Council, and includes any individual, by whatever name called, who exercises such general control and management;
“group representation constituency” means any electoral division declared to be a group representation constituency under the Parliamentary Elections Act 1954;
“housing estate” means any housing estate built on any land vested in or held in trust for the Board;
“inspector” means an inspector of Town Councils appointed under section 62;
“key officer”, for a Town Council, means any of the following individuals, whether or not an employee of the Town Council:
(a)the secretary to the Town Council;
(b)the general manager of the Town Council, if there is one;
(c)a finance manager of the Town Council (however designated);
(d)an individual who is appointed a deputy to any officer in paragraph (a), (b) or (c) (however designated);
(e)a chairperson of any committee of a Town Council where formed under section 45 for any of the following matters:
(i)internal audit;
(ii)finance;
(iii)procurement of goods or services;
(iv)publicity and public relations;
(v)estate management;
“lease” includes an agreement for a lease or tenancy and “leased” is to be construed accordingly;
“managing agent”, for a Town Council, means a person (whether or not the person carries on any other business) who is engaged or appointed, for monetary or other reward, to exercise any power or perform any function or duty of the Town Council under this Act, such as (but not limited to) all of the following:
(a)managing common property within the Town of the Town Council;
(b)controlling the use of common property by residents of the housing estates within the Town or other persons;
(c)maintaining and repairing common property or engaging appropriately qualified tradespersons to do so;
(d)arranging building inspections and reports;
(e)keeping and maintaining documents and records relating to any function, duty or power of the Town Council;
(f)undertaking the financial management of the Town Council’s funds and books of account;
(g)paying disbursements and expenses incurred in connection with the person’s management of the Town Council;
(h)arranging for insurance for the Town Council;
(i)paying accounts in relation to the Town Council, such as accounts for water and electricity charges,
but excludes the following individuals when performing any activity that is a function, duty or power of the Town Council under this Act:
(j)a member of, the secretary to or other employee of the Town Council;
(k)an employee or similar officer of a managing agent of the Town Council;
“member” means an elected member or an appointed member;
“owner”, in relation to any property sold by the Board, includes a person who has purchased a leasehold interest in the property and a purchaser under an agreement for a lease;
“residential property” means any building or other premises vested in or belonging to the Board or any part of the building or premises which is permitted to be used pursuant to the Planning Act 1998 or any other written law wholly for the purpose of human habitation;
“secretary” means any individual appointed by a Town Council under section 22 to be the secretary to the Town Council;
“single Member constituency” means a constituency that is not a group representation constituency;
“statutory authority” means a body or an office that is established or constituted by or under a public Act to perform or discharge a public function, but does not include the Board or any Town Council;
“surplus”, for any fund established under section 47, means an excess of the assets over liabilities of the fund at the end of a financial year;
“Town” means any area declared to be a Town under section 3;
“Town Council”, in relation to a Town, means the Town Council established under section 4 for that Town;
“Town Council Fund” means the Town Council Fund constituted under section 47;
“vice-chairperson”, in relation to a Town Council, means a vice‑chairperson of the Town Council.
[47/2004; 17/2017; 34/2017]
(2)  This Act does not apply to any property of the Board that the Minister may by order specify.
[34/2017; 4/2021]
(3)  Any order made under subsection (2) may provide for this Act not to apply either indefinitely or for a specified period and may contain such incidental, consequential or supplementary provisions as may appear to the Minister to be necessary or proper.
(4)  In this Act, a reference to the date on which any election results for a constituency are declared is a reference to the date the results of an election in that constituency are published in the Gazette under section 33 or 51 of the Parliamentary Elections Act 1954.
[17/2017]
[Act 8 of 2023 wef 14/06/2024]
(5)  In this Act, a person is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent or auditor of a Town Council if the person —
(a)holds (whether in the person’s own right or on behalf of any other person) the position of director, partner or other executive position (however designated) in the business of the managing agent or auditor;
(b)is entitled to exercise, by voting or otherwise and whether exercisable alone or in association with others, and whether in the person’s own right or on behalf of any other person, any power to participate in any directorial, managerial or executive decision in the business of the managing agent or auditor; or
(c)is a substantial shareholder (within the meaning of section 81 of the Companies Act 1967) of the managing agent or auditor, which is a company.
[17/2017]
Declaration of Towns
3.—(1)  For the purposes of constituting a Town Council to control, manage, maintain and improve the common property of residential and commercial property in the housing estates of the Board in any area, the Minister may by order published in the Gazette, declare to be a Town by such name as the Minister may designate in the order an area comprising —
(a)a single constituency; or
(b)any 2 or 3 constituencies where the Members of Parliament agree to their constituencies being declared to be a Town.
[17/2017]
(2)  An order under subsection (1) that declares a constituency to be, or to be comprised in, a Town —
(a)is not invalidated by reason only of a change in the boundaries of the constituency pursuant to section 8 or 20A(1) of the Parliamentary Elections Act 1954; but
(b)is to continue to be in force until the order is revoked after the first general election after the change in those boundaries.
[17/2017]
(3)  In the event of a general election following the dissolution of Parliament, an order under subsection (1) declaring all Towns must be made by the Minister —
(a)on the 14th day after the last date the election results are declared for the respective constituencies; and
(b)with effect from that day.
[17/2017]
(4)  An order under subsection (1) may be amended from time to time, and may contain supplementary provisions (not inconsistent with subsections (5), (6) and (7)) that may be desirable, necessary or expedient in consequence of any change to the boundaries of the area of a Town, such as but not limited to the following:
(a)the dissolution of a Town Council;
(b)the sale, transfer or disposition of any property or rights and liabilities of a Town Council for the affected area, including property, rights and liabilities that would not otherwise be capable of being transferred;
(c)the apportionment or adjustment between Town Councils of property, income or expenditure, or rights and liabilities in connection with the affected area;
(d)the continued operation of the by-laws made by a Town Council for the affected area and for the amendment or revocation by another Town Council of those by-laws, even if the by‑laws were not originally made by that other Town Council;
(e)the imposing of a duty on a Town Council to provide another Town Council with all such documents and information and other assistance as the other Town Council may reasonably require for the purposes of, or in connection with, the assumption of responsibility by that other Town Council for the affected area;
(f)the change of name of any Town Council;
(g)specifying for the purposes of subsection (5) the successor Town Council for a dissolved Town Council.
[17/2017]
(5)  Where an order under subsection (1) provides for an area comprised within a Town (called in this section Town A) to constitute part of another Town (called in this section Town B) —
(a)the Town Council for Town A (called in this section the transferring Town Council); or
(b)if the Town Council for Town A is dissolved, the successor Town Council to that Town Council,
continues to be liable, for a period specified in the order (being not more than 90 days) or a shorter period agreed between the Town Council for Town B (called in this section the receiving Town Council) and the transferring Town Council or successor Town Council for Town A (as the case may be), for the maintenance and management of the common property of the residential and commercial property in the housing estates of the Board within that area as if the order had not been made.
[17/2017]
(6)  Upon the expiry of the period mentioned in subsection (5), the receiving Town Council is liable for the maintenance and management of that common property.
[17/2017]
(7)  Nothing in subsection (5) authorises the transferring Town Council or successor Town Council for Town A (as the case may be) to draw on —
(a)any surpluses of the Town Council which are required under section 48 to be transferred to its sinking funds; or
(b)any balance of those surpluses,
to maintain and manage the common property of the residential and commercial property in the housing estates of the Board within the relevant area.
[17/2017]
(8)  For the purposes of this Act, where any part of the common property of any residential or commercial property is situated partly in the Town of one Town Council and partly in the Town of another, the Town Councils may agree that such part is treated as situated in such one of the Towns as is specified in the agreement; and in default of agreement the situation of such part must be determined by the Minister whose decision is final.
PART 2
ESTABLISHMENT, INCORPORATION AND
CONSTITUTION OF TOWN COUNCILS
Establishment of Town Council
4.  A Town Council is established by this section for every Town unless the Town Council is dissolved under this Act.
[17/2017]
Incorporation
5.  A Town Council is a body corporate with perpetual succession by the name “The Town Council” with the addition of the name of the particular Town and may sue and be sued in the corporate name of that Town Council.
Common seal
6.—(1)  A Town Council must have a common seal, and the fixing of the seal must —
(a)be authorised or ratified by resolution of the Town Council; and
(b)be authenticated by the signatures of the chairperson or any vice‑chairperson and any member of the Town Council authorised by resolution of the Town Council generally or specially to act for that purpose.
(2)  Any document purporting to be a document duly executed under the seal of a Town Council shall be received in evidence and is, unless the contrary is proved, deemed to be a document so executed.
Certain contracts and instruments not required to be under seal
7.  Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of a Town Council by any person generally or specially authorised by the Town Council for that purpose.
Composition of Town Council
8.—(1)  A Town Council consists of —
(a)the elected member or members ex officio; and
(b)such other members appointed by the chairperson in accordance with subsections (2) and (3).
[17/2017]
(2)  The chairperson must, within 30 days of assuming his or her office, appoint the members under subsection (1)(b) on the nomination of the elected members, each of whom (including the chairperson) may nominate such number of members as they may agree or, if they fail to agree, an equal number of members, of whom at least two‑thirds must be residents of any housing estate of the Board within the Town.
(3)  At least 6 individuals must be appointed under subsection (1)(b) as appointed members of a Town Council, but the maximum number that may be so appointed is the higher of the following:
(a)10 for each Member of Parliament required to be returned at any parliamentary election for each constituency comprised in the Town of that Town Council;
(b)30.
[17/2017]
Chairperson and vice-chairpersons
9.—(1)  Subject to subsection (3), a chairperson of a Town Council for a Town is —
(a)if the area of the Town comprises only one single Member constituency — the Member of Parliament for that constituency; and
(b)if the area of the Town comprises a single group representation constituency, or 2 or 3 constituencies — whoever is chosen by the elected members of the Town Council from among themselves to be the chairperson.
[17/2017]
(2)  Unless otherwise provided in subsection (4), the chairperson of a Town Council for a Town (as determined under subsection (1)) assumes that office as follows:
(a)for a Town declared after a general election — on the day that the order made under section 3(1) in the circumstances in section 3(3) takes effect;
(b)for a Town comprising one or more constituencies in which a by-election is held —
(i)if the Town comprises only one single Member constituency — on the day after the day the candidate is declared returned as the Member of Parliament for that constituency under section 49(7E)(a) or 49A(5) of the Parliamentary Elections Act 1954, whichever happens; or
(ii)if the Town comprises a single group representation constituency, or 2 or 3 constituencies — on the 14th day after the last date the election results are declared for the constituency or constituencies in which the by‑election is held;
(c)for any other case — on the date the Town for the Town Council is declared under section 3.
[17/2017]
(3)  If the choice required by subsection (1)(b) is not made by the elected members of a Town Council on or before the applicable date mentioned in subsection (2), the Minister must appoint the chairperson for that Town Council from among its elected members.
[17/2017]
(4)  The chairperson so appointed under subsection (3) assumes office on the day immediately after the applicable date mentioned in subsection (2), and holds office for such term as the Minister may determine.
[17/2017]
(5)  The chairperson must appoint from among the members not more than 2 vice‑chairpersons for such term, not exceeding 2 years, as the chairperson may determine.
(6)  The chairperson or a vice‑chairperson, if he or she is an elected member, holds office as chairperson or vice‑chairperson (as the case may be) only so long as he or she is an elected member and is eligible for re‑appointment.
(7)  Where all the elected members of a Town Council have vacated their seats in Parliament by reason of a dissolution of Parliament or otherwise, the appointed members must, with the approval of the Minister, forthwith appoint one of their number to act as chairperson for such term as they may determine; and where such members fail to do so, the Minister must appoint any appointed member to act as chairperson for such term as the Minister may determine.
(8)  Any chairperson appointed under subsection (7) may, with the approval of the Minister, appoint at least 6 and not more than 30 members, of whom at least two‑thirds must be residents of any housing estate of the Board within the Town.
(9)  The appointment of any chairperson under subsection (7) —
(a)terminates upon the assumption of office of the elected member or members of the Town Council for the Town after the general election; or
(b)may be revoked by the Minister if the Minister is satisfied that it is desirable in the public interest to do so and thereupon another chairperson must be appointed in the same manner prescribed in subsection (7).
[17/2017]
(10)  To avoid doubt, an individual’s appointment as an appointed member is not affected by reason only of the revocation —
(a)by the Minister under subsection (9)(b) of the individual’s appointment to act as chairperson; or
(b)by the chairperson under subsection (11) of the individual’s appointment to act as vice‑chairperson.
[17/2017]
(11)  The chairperson may at any time revoke the appointment of any vice‑chairperson without assigning any reason.
(12)  The chairperson and any vice‑chairperson of a Town Council must, as soon as practicable after their assumption of office, complete a declaration of acceptance of such office in the form prescribed by rules under section 82 and deliver the declaration to the Minister.
[17/2017]
(13)  Any failure to comply with subsection (12) by the chairperson or vice‑chairperson does not invalidate his or her term of office.
Duties of chairperson and vice‑chairpersons
10.—(1)  The chairperson presides at meetings of the Town Council and performs such other duties as are prescribed in this Act.
(2)  In the chairperson’s absence, or if at any time the office of the chairperson is vacant, any vice‑chairperson is to preside at meetings of the Town Council and perform such other duties of the chairperson as are prescribed in this Act.
(3)  If the chairperson and vice‑chairpersons are absent from a meeting of the Town Council, the members present must elect from among themselves a temporary chairperson to preside at that meeting.
Chairperson to have casting vote
11.  At any meeting of a Town Council, the chairperson or the person presiding has an original vote and also, if the votes are equal, a casting vote.
Resignation of chairperson and vice‑chairpersons
12.—(1)  The chairperson must not resign or vacate his or her office and any purported resignation or vacation of office in breach of this section is deemed to be invalid.
(2)  Where a Town Council has more than one elected member, the chairperson may resign his or her office if another elected member is appointed in the chairperson’s place by the elected members.
(3)  Subject to subsection (2), the chairperson may resign his or her office by giving written notice under the hand of the chairperson to the Minister.
(4)  A vice‑chairperson may resign his or her office by giving written notice under the hand of the vice‑chairperson to the chairperson.
(5)  Where the chairperson or a vice‑chairperson dies or the office of chairperson or vice‑chairperson is otherwise vacated, another chairperson or vice‑chairperson (as the case may be) must be appointed within 7 days after the death or vacation of office and section 9 applies, with the necessary modifications, to such appointment.
(6)  Subsections (1) and (2) do not apply to any chairperson appointed under section 9(7).
PART 3
GENERAL PROVISIONS AS TO MEMBERS
OF TOWN COUNCIL
Tenure of office of elected members
13.—(1)  Subject to this section, a Member of Parliament assumes office as an elected member of a Town Council —
(a)for a Town declared after a general election — on the day that the order made under section 3(1) in the circumstances in section 3(3) takes effect;
(b)for a Town comprising any constituency in which a by‑election is held — on the day after the day the Member of Parliament is declared returned at the by‑election as the Member of Parliament for that constituency under section 49(7E)(a) or 49A(5) of the Parliamentary Elections Act 1954, whichever happens; or
(c)for a Town in any other case — on the day the Town is declared under section 3.
[17/2017]
(2)  An elected member of a Town Council vacates office as an elected member of a Town Council only when he or she ceases to be a Member of Parliament for the constituency comprised within the Town for which the Town Council is established.
[17/2017]
(3)  Subject to subsection (2), an elected member of a Town Council cannot resign his or her office as an elected member, and any purported resignation as an elected member of a Town Council is of no effect.
[17/2017]
(4)  Every elected member of a Town Council who is not a chairperson or vice‑chairperson of the Town Council must, as soon as practicable after assuming office as an elected member, complete a declaration of acceptance of that office in the form prescribed by rules under section 82 and deliver the declaration to the Minister.
[17/2017]
Tenure of office of appointed members
14.—(1)  Subject to subsections (2), (4), (5), (6) and (8), an appointed member holds office for a term of 2 years and on such conditions as the chairperson may determine and is eligible for re‑appointment.
[17/2017]
(2)  Every appointed member of a Town Council ceases to be a member upon the assumption of office of the chairperson of the Town Council under section 9(2) or (4), unless the member earlier resigns or vacates his or her office in accordance with this Act.
[17/2017]
(3)  The chairperson may appoint any person to be a temporary appointed member of a Town Council during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of any appointed member.
(4)  The chairperson may, at any time, revoke the appointment of any appointed member without assigning any reason.
(5)  Any appointed member may resign from his or her appointment at any time by giving written notice to the chairperson.
(6)  The office of an appointed member must be vacated if the appointed member —
(a)has been absent, without leave of the chairperson, from 3 consecutive meetings of the Town Council;
(b)where the appointed member was a resident of any housing estate within the Town, ceases to be so resident; or
(c)becomes in any manner disqualified for membership of the Town Council.
(7)  If an appointed member resigns, dies or has his or her appointment revoked or otherwise vacates his or her office before the expiry of the term for which he or she has been appointed, the chairperson may appoint a person to fill the vacancy for the residue of the term for which the vacating member was appointed.
(8)  A person must not be appointed or continue to hold office as an appointed member of a Town Council if he or she —
(a)is not a citizen of Singapore;
(b)is appointed under section 52(1) as the auditor of the Town Council;
(c)is or becomes the managing agent of the Town Council;
(d)is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent or appointed auditor of the Town Council;
(e)is an undischarged bankrupt or has made any arrangement with his or her creditors; or
(f)has been sentenced to imprisonment for a term of at least one year or to a fine of at least $2,000 and has not received a free pardon.
[17/2017]
(9)  The disqualification of a person under subsection (8)(f) may be removed by the President and ceases, if not so removed, at the end of 5 years beginning from the date on which the person was released from custody or the date on which the fine was imposed on the person.
(10)  Every appointed member of a Town Council must, as soon as practicable after being so appointed under subsection (1) or (3), complete a declaration of acceptance of that office in the form prescribed by rules under section 82 and deliver the declaration to the Minister.
[17/2017]
Conflict of interest and disclosure by members
15.—(1)  As soon as practicable after a member of a Town Council becomes aware of a conflict of interest in a question that has arisen or is about to arise before the Town Council, the member must disclose in writing the fact, nature, character and extent of the personal or financial interest that gives rise to the conflict —
(a)in the case of the chairperson, to the secretary and all other members of the Town Council; or
(b)in the case of any other member of the Town Council, to the secretary and —
(i)to the chairperson;
(ii)if the chairperson also has a conflict of interest — to a vice‑chairperson; or
(iii)if both the chairperson and vice‑chairperson also have a conflict of interest — to all other members of the Town Council.
[17/2017]
(2)  The secretary to a Town Council must ensure that every disclosure under subsection (1) in relation to any question —
(a)is recorded in a register of interests kept and maintained in the prescribed form; and
(b)is brought to the attention of the member presiding at a meeting of the Town Council at which that question arises or is to arise.
[17/2017]
(3)  A member of a Town Council —
(a)may be present at a meeting of the Town Council while a question in which the member has a conflict of interest is under consideration and may be treated as being present at a meeting for the purposes of determining quorum; but
(b)must not participate in any decision on the question.
[17/2017]
(4)  For the purposes of this section, a member of a Town Council has a conflict of interest in a question arising for decision by the Town Council if the member, or an associate of the member, has a personal or financial interest in how the question is decided.
[17/2017]
(5)  However, subsection (4) does not apply merely because of an interest that is —
(a)an interest in a question about the level of allowances or expenses to be set for members;
(b)an interest that the member, or an associate of the member, shares in common with the general public or a substantial section of the public;
(c)an interest of the member or an associate of the member —
(i)in an appointment or a nomination for an appointment to a body with predominantly charitable objects; or
(ii)in any payment or reimbursement of membership fees, or expenses related to membership, in a body mentioned in sub-paragraph (i);
(d)an interest of the member, or an associate of the member, that is prescribed; or
(e)an interest so remote or insignificant that it could not reasonably be regarded as likely to influence a decision.
[17/2017]
(6)  In this section and section 16, a person is an associate of another if —
(a)they are spouses or siblings or a parent and child or they are in a similar close family relationship;
(b)they are in partnership;
(c)one is a company and the other is a director or manager of the company;
(d)one is a private company within the meaning of the Companies Act 1967 and the other is a shareholder in the company; or
(e)a chain of relationships can be traced between them under one or more of the above paragraphs.
[17/2017]
(7)  The secretary to a Town Council who, without reasonable excuse —
(a)fails to keep and maintain a register of interests in the prescribed form; or
(b)fails to comply with subsection (2),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[17/2017]
(8)  To avoid doubt, this section is in addition to, and not in derogation of, the operation of any rule of law restricting a member of a Town Council from having any interest in contracts with the Town Council or from holding offices or possessing interests in conflict with his or her duties as such a member.
[17/2017]
Town Council staff, etc., to disclose conflict of interest
16.—(1)  This section applies —
(a)to the secretary to a Town Council;
(b)to an employee, a staff or the managing agent of a Town Council who has been delegated a power, function or duty of the Town Council under this Act; and
(c)to a member of a committee of a Town Council who has been delegated a power, function or duty of the Town Council under this Act.
[17/2017]
(2)  As soon as practicable after a person mentioned in subsection (1)(a), (b) or (c) becomes aware of a conflict of interest that has arisen or is about to arise in a matter in which the person is conferred a power, function or duty relating to the Town Council by or under this Act, the person —
(a)must not exercise or further exercise that power, or perform or further perform that function or duty, without the approval of the Town Council; and
(b)must disclose the fact, nature, character and extent of the personal or financial interest that gives rise to the conflict as follows:
(i)in the case of the secretary to or a member of a committee of a Town Council, or the managing agent of the Town Council — disclose to the chairperson of the Town Council in writing as soon as the secretary, member of a committee or managing agent (as the case may be) becomes aware of the conflict of interest, and to the Town Council not later than at the next meeting of the Town Council;
(ii)in the case of an employee or a staff of a Town Council — disclose to the secretary to the Town Council in writing as soon as the employee or staff becomes aware of the conflict of interest.
[17/2017]
(3)  A person mentioned in subsection (1) has a conflict of interest in a matter in which the person is conferred a power, function or duty relating to the Town Council if the person, or an associate of the person, has a personal or financial interest in how the power, function or duty is to be exercised or performed in relation to that matter.
[17/2017]
(4)  This section is in addition to, and not in derogation of, the operation of any rule of law restricting a person mentioned in subsection (1) from having any interest in contracts with a Town Council or from holding offices or possessing interests in conflict with his or her powers, functions or duties as such a secretary to, or an employee or a staff or a managing agent of, a Town Council or a member of a committee of a Town Council.
[15A
[17/2017]
Allowances, etc., payable to members
17.—(1)  Subject to subsection (2), the chairperson, vice‑chairpersons and other members of a Town Council may be paid, out of the Town Council Fund, such allowances as may be prescribed.
(2)  Any full-time chairperson, vice‑chairpersons and other members of a Town Council may be paid, out of the Town Council Fund, such salaries as may be prescribed.
[16
Validity of acts of members
18.  The acts and proceedings of any member of a Town Council acting as such are, despite his or her want of qualification or disqualification, as valid and effectual as if he or she had been qualified.
[17
Notice about members and key officers of Town Council
19.—(1)  Within 30 days after an individual —
(a)assumes any of the following offices in a Town Council:
(i)the chairperson;
(ii)a vice‑chairperson;
(iii)an elected member;
(iv)an appointed member; or
(b)is appointed as a key officer of a Town Council,
the Town Council must give to the Minister a notice specifying the name and other prescribed particulars of the individual.
[17/2017]
(2)  Within 30 days after an individual —
(a)ceases to hold any of the following offices in a Town Council, other than because of the operation of section 9(9), 13(2) or 14(2):
(i)the chairperson;
(ii)a vice‑chairperson;
(iii)an elected member;
(iv)an appointed member; or
(b)ceases to be a key officer of a Town Council,
the Town Council must give to the Minister a notice specifying the name of the individual and other prescribed particulars about the cessation.
[17/2017]
(3)  Within 30 days after an individual —
(a)assumes any office mentioned in subsection (1)(a); or
(b)is appointed as —
(i)the secretary to the Town Council;
(ii)the general manager of the Town Council;
(iii)a finance manager of a Town Council; or
(iv)a deputy of any officer in sub-paragraph (i), (ii) or (iii),
the Town Council must exhibit, in accordance with subsection (4), a notice in English specifying the name of the individual.
[17/2017]
(4)  The notice required by subsection (3) must be —
(a)affixed to a conspicuous part of such buildings comprised within the Town of the Town Council concerned as will secure adequate publicity for the contents of the notice; and
(b)published in the Gazette, and at an online location accessible to residents of housing estates within that Town.
[17A
[17/2017]
PART 4
FUNCTIONS AND POWERS OF TOWN COUNCIL
Functions of Town Council
20.—(1)  Subject to sections 24 and 25, the functions of a Town Council are —
(a)to control, manage, maintain and improve the common property of the residential and commercial property in the housing estates of the Board within the Town for the benefit of the residents of those housing estates and to keep them in a state of good and serviceable repair and in a proper and clean condition; and
(b)to exercise such powers and perform such duties as may from time to time be conferred or imposed on the Town Council by or under this Act.
[17/2017]
(2)  Without limiting subsection (1), the functions of a Town Council include the conservancy and landscaping of the common property of the residential and commercial property in the housing estates of the Board within the Town.
[18
Powers of Town Council
21.—(1)  Subject to subsections (2), (6) and (7) and sections 24 and 25, a Town Council may —
(a)with the prior written consent of the Board, establish and maintain places and facilities on or make improvements to the common property of the residential and commercial property for the benefit of residents of housing estates of the Board within the Town;
(b)do, with the approval of the Minister, any of the following in relation to any facility that is erected, installed or planted within the Town but is outside of the common property of the residential and commercial property in the housing estates of the Board within the Town:
(i)erect, install or plant (including landscaping) the facility;
(ii)demolish and relocate the facility;
(iii)repair and maintain the facility,
provided that the owner of the property on which the facility is erected, installed, planted, demolished or relocated consents;
(c)acquire and hold property of any description if, in the opinion of the Town Council, the property is necessary for the accommodation of the Town Council or for the performance of any purpose which the Town Council is required or is permitted by this Act to perform and, subject to the terms and conditions upon which the property is held, to dispose of the property;
(d)set such charges as the Town Council from time to time thinks fit for all or any of the following if prescribed by rules under section 82:
(i)for use of any common property within the Town or any part of the common property;
(ii)for use of any improvements made by the Town Council to that common property;
(iii)for such use of any services and facilities provided by the Town Council;
(e)appoint agents to carry out its functions under this Act;
(f)accept gifts and donations whether of property or otherwise and whether subject to any special trust or not; and
(g)do all such other acts as are reasonably necessary for the exercise or performance of all or any of the powers or duties of the Town Council under this Act and for the enforcement of its by-laws and perform any other function which is incidental or conducive to the attainment or furtherance of the purposes of the Town Council in accordance with the provisions of this Act.
[23/2005; 17/2017]
(2)  However, nothing in subsection (1) confers any power on a Town Council to wholly remove, demolish or destroy, without the prior consent of the Board, any recreational equipment or other installation or structure that —
(a)is situated on any common property in a housing estate within its Town; and
(b)is not constructed by the Town Council.
[17/2017]
(3)  A Town Council may —
(a)manage or maintain —
(i)any parking place, or any market or food centre, of the Board upon terms and conditions agreed between the Town Council and the Board; or
(ii)any market or food centre of the Government upon terms and conditions agreed between the Town Council and the Government; or
(b)carry out such other works on any common property of the housing estates within the Town on behalf of the Board upon terms and conditions agreed between the Town Council and the Board.
[17/2017; 34/2017]
(4)  A Town Council may, on the request of any statutory authority or any community-based association, and with the approval of the Minister, carry out any work on behalf of the statutory authority or association on any property within the Town upon such terms and conditions as may be agreed between the Town Council and the statutory authority or association, as the case may be.
[17/2017]
(5)  Nothing in subsection (3) authorises a Town Council to enter upon the property of any person within the Town unless the consent of the owner of the property has been first obtained.
[23/2005]
(6)  Except with the prior approval of the Minister, and despite subsection (1)(g), a Town Council for a Town has no power to carry on substantial trading or financial activities other than —
(a)activities relating to the control, management, maintenance and improvement of the common property of the residential and commercial property in the housing estates of the Board within the Town;
(b)activities to keep that common property in a state of good and serviceable repair and in a proper and clean condition; or
(c)activities expressly permitted under any provision of this Act.
[17/2017]
(7)  Despite subsection (1)(d), a Town Council is not entitled to demand or take from —
(a)the Board (or any of its contractors or agents) a charge for carrying out an activity on any part of the common property within the Town for which the Town Council is established, where the activity is carried out in the course of performing the functions or duties of the Board; or
(b)any other person a charge for a use that is not prescribed by rules under section 82 for the purposes of subsection (1)(d).
[17/2017]
(8)  A Town Council that demands or takes a charge in contravention of subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[17/2017]
(9)  Upon conviction of a Town Council for an offence under subsection (8) for taking a charge from any person, the Court may, in addition to any penalty that may be imposed under that subsection, order the Town Council to refund to that person the charge taken.
[19
[17/2017]
Secretary and other staff of Town Council
22.—(1)  A Town Council must appoint an individual, including any appointed member, to be the secretary to the Town Council on such terms and conditions as the Town Council may determine who is responsible to the Town Council for the proper administration and management of the functions and affairs of the Town Council in accordance with this Act.
(2)  However, an individual is disqualified from being appointed under subsection (1) as, and must stop being, the secretary to a Town Council if the individual —
(a)is appointed under section 52(1) as the auditor of the Town Council;
(b)is or becomes the managing agent of the Town Council; or
(c)is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent of the Town Council.
[17/2017]
(3)  The individual appointed as the secretary to a Town Council must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister.
[17/2017]
(4)  A Town Council may appoint such other staff on such terms and conditions as it may determine to assist the secretary.
(5)  However, an individual is disqualified from being appointed under subsection (4) as, and must stop being, a relevant key officer of a Town Council if the individual —
(a)is appointed under section 52(1) as the auditor of the Town Council;
(b)is or becomes the managing agent of the Town Council; or
(c)is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent of the Town Council.
[17/2017]
(6)  The individual appointed as a relevant key officer of a Town Council must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister.
[17/2017]
(7)  In this section, “relevant key officer” means an individual occupying a position (however designated) of —
(a)the general manager of the Town Council;
(b)a finance manager of the Town Council; or
(c)a deputy of the general manager or finance manager of the Town Council.
[20
[17/2017]
Duties of Town Council
23.—(1)  A Town Council must, for the purposes of the residential and commercial property in the housing estates of the Board within the Town —
(a)control, manage and administer the common property of the residential and commercial property for the benefit of the residents of those estates;
(b)properly maintain and keep in a state of good and serviceable repair the common property of the residential and commercial property;
(c)contribute such sum towards the premiums to be paid by the Board for the insurance of the common property of the residential and commercial property against damage by fire as the Minister may, by written notice to the Town Council, determine;
(d)where necessary, renew or replace any fixtures or fittings comprised in the common property of the residential and commercial property;
(e)provide essential maintenance and lift rescue services to the residents of the residential and commercial property;
(f)properly maintain and keep in a good and serviceable repair (including landscaping of) the facilities within the Town that is outside the common property of the residential and commercial property in the housing estates of the Board within the Town, where the facilities are erected, installed or planted by the Town Council with the approval of the Minister and the consent of the owner of the property on which the facilities are erected, installed or planted;
(g)comply with the provisions of this Act and the rules made under this Act; and
(h)comply with any notice or order served on it by any competent, public or statutory authority requiring the abatement of any nuisance on the common property of the residential and commercial property or ordering repairs or other work to be done in respect of the common property.
[23/2005]
(2)  Where a requirement or duty is imposed on a Town Council by this section, the Board or any person for whose benefit, or for the benefit of whose flat that requirement or duty is imposed on the Town Council, may apply to the General Division of the High Court for an order compelling the Town Council to carry out the requirement or perform the duty, as the case may be.
[40/2019]
(3)  On an application being made under subsection (2), the General Division of the High Court may make such order as it thinks proper.
[21
[40/2019]
Interaction between Town Council and statutory authorities
24.—(1)  A Town Council must, in the exercise of its powers and the performance of its functions and duties under this Act in relation to the residential property and commercial property in the housing estates of the Board within its Town, work cooperatively and in collaboration with the following for the benefit of the residents of those estates:
(a)the Board in the discharge of the Board’s functions under the Housing and Development Act 1959;
(b)any statutory authority or public officer performing functions (but without specific power) under any written law for any of the following purposes:
(i)securing public safety and ensuring public order in or around the Town;
(ii)preventing disease or injury, or creating and maintaining a healthy environment in or around the Town;
(iii)urban development that integrates electronic, information and communication technologies so as to improve quality of life for residents in and around the Town.
[17/2017]
(2)  Where —
(a)the Board, or a statutory authority or public officer mentioned in subsection (1)(b), intends to perform within the Town for which a Town Council is established, a function under any written law for any of the purposes mentioned in subsection (1)(a) or (b), as the case may be;
(b)the Board, or the statutory authority or public officer, has given to the Town Council a notice of its or the officer’s intention to perform that function on or in relation to the common property of the residential and commercial property in the housing estates of the Board within the Town; and
(c)the Town Council has unreasonably delayed, hampered or prevented the performance of that function on or in relation to that common property,
the Board, or the statutory authority or public officer (as the case may be) with the consent of the Board, may give notice to the Town Council concerned requiring the Town Council (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the notice as to facilitate or enable the Board, or the statutory authority or public officer (as the case may be), to so perform that function.
[17/2017]
(3)  If a notice given to a Town Council under subsection (2) is not complied with, the Board, or the statutory authority or public officer (as the case may be) may —
(a)carry out, or cause to be carried out, all or any of the things as are specified in the notice, and perform its or the officer’s function on or in relation to the common property of the residential and commercial property in the housing estates of the Board within the Town; and
(b)recover all expenses reasonably incurred by the Board, or the statutory authority or public officer (as the case may be) carrying out those things.
[17/2017]
(4)  Without affecting subsection (3), if a Town Council fails, without reasonable excuse, to comply with the requirements of a notice given to it under subsection (2), that Town Council 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 not exceeding $50 for every day or part of a day during which the offence continues after conviction.
[17/2017]
(5)  To avoid doubt, this section is in addition to, and not in derogation of, any other written law that makes it an offence to obstruct or impede a public officer or statutory authority or the Board, or an officer of a statutory authority or the Board, in the performance of its or the officer’s public function.
[17/2017]
(6)  This section does not apply to or in relation to any emergency‑related purpose within the meaning of section 25.
[17/2017]
(7)  To avoid doubt, this section does not prohibit a Town Council from proposing reasonable terms and conditions for carrying out activities mentioned in section 21(3) or (4).
[21A
[17/2017]
Direction to Town Councils for emergency-related measures
25.—(1)  The Minister may, by written direction given to a Town Council —
(a)require the Town Council to prepare itself to deal with specified kinds of emergency-related purposes; or
(b)require that —
(i)access be given to specified kinds of services by the Town Council for specified kinds of emergency‑related purposes; or
(ii)priority of access be given to specified kinds of services by the Town Council for specified kinds of emergency‑related purposes.
[17/2017]
(2)  Every direction under subsection (1)(b) must specify the Ministry, department or statutory authority to whom access, or priority of access, must be given.
[17/2017]
(3)  The manner in which those preparations are to be made or that access, or priority of access, is to be given must be set out in the direction under subsection (1).
[17/2017]
(4)  The terms and conditions on which the preparations are to be made or that access, or priority of access, is to be given must be set out in the direction under subsection (1).
[17/2017]
(5)  A Town Council must comply with every direction given to it under subsection (1).
[17/2017]
(6)  A Town Council that fails to comply with any direction of the Minister given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[17/2017]
(7)  In this section, “emergency-related purpose” means a purpose related to the management of —
(a)a public health emergency within the meaning of the Infectious Diseases Act 1976;
(b)a civil defence emergency within the meaning of the Civil Defence Act 1986; or
(c)any other public emergency (natural or otherwise).
[21B
[17/2017]
Power of Town Council to carry out certain works
26.—(1)  Where any defect occurs in any pipe, wire, cable, duct or other apparatus within a flat in any residential or commercial property of the Board within the Town which is used for or in connection with the carrying, conveying or supplying to such property of water, sewerage, drainage, gas, electricity, garbage or artificially cooled air, the Town Council may carry out such work as is necessary to rectify the defect.
(2)  Where —
(a)a Town Council incurs any expenses or performs any repairs, works or acts that it is required or authorised by this Act or by any other written law to perform (whether or not the expenses were incurred or the repairs, works or acts were performed consequent upon the service on it by any Government or statutory authority of any notice or order); and
(b)the expenses or the repairs, works or acts were rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of the by-laws of the Town Council by, any person or the person’s tenant, licensee or invitee,
the amount of those expenses expended by the Town Council in performing the repairs, works or acts are recoverable by the Town Council from that person.
[22
Power of entry
27.—(1)  For the purpose of carrying out any work —
(a)under section 23 or 26; or
(b)required to be carried out by a notice served on it by any public authority or statutory board or by an order of the Commissioner of Buildings under the Building (Strata Management) Act 2004*,
a Town Council may, by its employees or agents, enter upon any flat of the Board or any part of the housing estates within the Town for the purpose of carrying out the work, in the case of an emergency, at any time, or, in any other case, at any reasonable time after giving notice to any occupier of that flat or part of those housing estates.
[47/2004]
[Act 12 of 2020 wef 01/10/2025]
[*Updated to be consistent with the 2020 Revised Edition]
(2)  A Town Council may, by its employees or agents, also enter at any reasonable time, upon any flat of the Board within the Town for the purpose of determining whether any work is required to be carried out by the Town Council in accordance with this Act.
[23/2005]
(3)  A person authorised under subsection (2) to enter upon any premises must not demand to do so as of right unless prior notice of the intended entry has been given to the occupier of those premises.
[23/2005]
(4)  A person who obstructs or hinders a Town Council in the exercise of its power under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
[23
[23/2005]
By-laws for regulation of housing estates
28.—(1)  A Town Council may make by-laws for regulating the control, management, administration, use and enjoyment of the common property of the residential and commercial property in the housing estates of the Board within the Town and generally for the purposes of exercising its powers and carrying out its duties and functions under this Act or any other Act.
(2)  Without limiting subsection (1), a Town Council may make by‑laws for or in respect of all or any of the following matters:
(a)prescribing the administrative fee to be paid by any person in respect of any services provided by the Town Council or any debt due to the Town Council;
(b)prohibiting or regulating the parking of vehicles on common property other than parking places;
(c)prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Town Council and be recoverable as such) to be paid by the Town Council’s licensees or by any owner or tenant of any flat leased from the Board for late payment of any conservancy and service charges or licence fee due to the Town Council;
(d)requiring deposits to be placed with the Town Council by any owner or tenant of any flat leased from the Board to secure the payment of conservancy and service charges; and
(e)prescribing the offences which may be compounded.
(3)  A Town Council, owner or tenant of a flat leased from the Board within the Town, is entitled to apply to the court —
(a)for an order to enforce the performance of or restrain the breach of any by-law made by that Town Council for the purpose in subsection (1); or
(b)to recover damages for any loss or injury to any person or property arising out of the breach of any by-law made by that Town Council for the purpose in subsection (1),
by or from any person bound to comply therewith or the Town Council (as the case may be) and the court may make such order against any such person or the Town Council as the court thinks fit.
[17/2017]
(4)  Every by-law or amendment of or addition to or revocation of or substitution for any by-law made by a Town Council comes into operation upon the date specified therein but ceases to have effect upon the expiration of a period of one month from the date of its publication in the Gazette if prior to the expiration of that period it has been disapproved by the Minister by order in the Gazette.
(5)  Any order made by the Minister under subsection (4) has effect upon the date specified in the order but does not affect the validity of anything previously done under the disapproved by‑law.
(6)  Every by-law or amendment of or addition to or revocation of or substitution for any by‑law of a Town Council must, within 15 days of its coming into operation, be displayed in such places within the Town as the Town Council may direct.
(7)  Any by-law made by a Town Council must not be inconsistent with any rule made under the Housing and Development Act 1959 which is applicable to the Town and any such by‑law which is so inconsistent is, to the extent of the inconsistency, void.
(8)  The by-laws of a Town Council in force on the date of publication must be published annually in book form and copies thereof must be made available for purchase at a reasonable price by members of the public.
(9)  Any person who commits a breach of any of the by-laws made by a Town Council or makes default in complying with any of the by‑laws made by a Town Council for the purpose in subsection (1) or makes default in complying with any of those by‑laws, and every person who is knowingly a party to the breach or default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[17/2017]
(10)  In this section, “flat” includes any stall in any market or food centre of the Board.
[24
PART 4A
LIFT UPGRADING WORKS
Interpretation of this Part
29.  In this Part, unless the context otherwise requires —
“improvement contribution” means the costs in respect of lift upgrading works recoverable by a Town Council from the owner of a flat or a Town Council under section 32;
“lift upgrading works” means any building operations, demolition or installation works necessary or ancillary to installing any lift or additional lift in a building or part thereof;
“precinct” means any housing estate of the Board or any part thereof within a Town that the Minister declares under section 30 to be a precinct for the purposes of this Part;
“transfer” means a conveyance, sale, purchase, assignment, legal or equitable mortgage, charge, surrender or disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, a reconveyance or the devolution of the rights of a deceased owner of a flat to another person;
“voting value” means the prescribed value of the vote of an owner of a flat at any poll under this Part.
[24A
[23/2005]
Declaration of precincts
30.—(1)  The Minister may, after consulting the Board and the Town Council concerned, from time to time by order in the Gazette, declare any housing estate of the Board or any part thereof within that Town Council’s Town to be a precinct for the purposes of the Town Council carrying out any lift upgrading works in buildings within the precinct.
[23/2005]
(2)  Any order made under subsection (1) must include a plan with a description of the housing estate and the buildings within the precinct.
[23/2005]
(3)  The Minister may, by order in the Gazette, revoke or amend any order made under subsection (1).
[23/2005]
(4)  In this section, any reference to the Minister includes a reference to a Minister of State for the Ministry of National Development.
[24B
[23/2005]
Lift upgrading works in a precinct
31.—(1)  Where any housing estate of the Board or any part thereof within a Town has been declared a precinct under section 30, the Town Council for that Town must, as soon as practicable —
(a)make arrangements to conduct in the manner prescribed a poll of such owners of the flats within the precinct as may be prescribed with a view to establishing their opinions about the Town Council’s proposals to carry out lift upgrading works in buildings within the precinct; and
(b)do such other things as the Minister may direct.
[23/2005]
(2)  A poll in connection with any Town Council’s proposal to carry out lift upgrading works in any building within a precinct within its Town —
(a)must not be conducted except with the prior written approval of the Board; and
(b)must be a poll of such owners of such flats within the building as may be prescribed, being flats the occupants of which directly benefit from the lift upgrading works.
[23/2005]
(3)  A Town Council may carry out lift upgrading works in any building within a precinct within its Town if, and only if —
(a)it appears from a poll of the prescribed owners of flats mentioned in subsection (2)(b) that the total voting value of votes in favour of the Town Council’s proposal to carry out lift upgrading works in the building is at least 75% of the total voting value of votes of all such owners; and
(b)the Minister approves the carrying out of such lift upgrading works.
[23/2005]
(4)  No poll is invalid by reason of any failure to comply with any provision of this Part or any rules made under this Part relating to the conduct of a poll if it appears that the poll was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the poll.
[23/2005]
(5)  In this section, “owner” includes the Board in respect of any flat which the Board has not sold the leasehold interest in the flat.
[24C
[23/2005]
Power to carry out lift upgrading works and recover improvement contributions
32.—(1)  As soon as practicable after the Minister has given his or her approval under section 31(3)(b), the Town Council concerned must carry out the lift upgrading works in the precinct in such manner as the Town Council thinks fit.
[23/2005]
(2)  Where the Town Council has completed any lift upgrading works in a building within a precinct, the Town Council may recover, by way of improvement contributions, the costs incurred by the Town Council in respect of the lift upgrading works from every owner of such flats in the building as are mentioned in section 31(2)(b).
[23/2005]
(3)  Subject to subsection (4), the amount of improvement contribution payable under subsection (2) by the owner of a flat must be determined by the Town Council whose decision is final.
[23/2005]
(4)  Any improvement contribution determined by a Town Council under subsection (3) in respect of any lift upgrading works in a precinct must not be less than the improvement contribution that the Board might have determined under section 78(3) of the Housing and Development Act 1959 if the Board had carried out similar upgrading works in that precinct.
[23/2005]
(5)  In this section and section 33, “owner”, in relation to any flat sold by the Board —
(a)means the person who is the owner of the flat at the time the improvement contribution is determined by the Town Council under subsection (3); and
(b)includes an equitable owner, a person who has purchased a leasehold interest in the flat and a purchaser under an agreement for a lease.
[24D
[23/2005]
Payment of improvement contribution
33.—(1)  Any owner of a flat liable to pay any improvement contribution under section 32 must, upon a written demand by the Town Council concerned, pay to the Town Council the improvement contribution not later than one month from the date of the written demand.
[23/2005]
(2)  Where —
(a)no representation has been taken out under a will or on the intestacy of a deceased owner of a flat; or
(b)representation has been taken out but the personal representatives fail to apply for the written consent of the Board for the transmission or transfer of the flat,
the Town Council concerned may, for the purposes of recovering any improvement contribution, require the spouse (if any) of the deceased owner or any beneficiary of his or her estate who has attained the age of 21 years to pay the improvement contribution as if it is a debt owed by him or her and recoverable from him or her as such, and such person may recover from the estate of the deceased owner the sums paid by him or her to the Town Council.
[23/2005]
(3)  If any improvement contribution or any part thereof is not paid by the owner of a flat on the date due, the owner of the flat or any other person liable to pay the improvement contribution is liable, in addition, to pay to the Town Council concerned interest and a penalty in accordance with the rates prescribed.
[23/2005]
(4)  Such interest and penalty, if unpaid, constitutes a debt due to the Town Council concerned and is recoverable as such.
[24E
[23/2005]
Recovery of improvement contribution from sale of flat
34.—(1)  Where any improvement contribution payable by the owner of any flat to a Town Council under section 32 remains unpaid on the expiry of the period of 3 months after the Town Council has served on the owner of the flat a written demand of such contribution under section 33(1), the improvement contribution (including any interest and penalty thereon) constitutes, on the expiry of that period, a charge on the flat in favour of the Town Council.
[23/2005]
(2)  Where a Town Council has incurred or become liable for any reasonable legal costs and reasonable expenses incurred in connection with the collection or attempted collection of the unpaid improvement contribution (including any interest and penalty thereon) before it exercised its power of sale under subsection (5), such legal costs and expenses rank in priority to any other claims as if these costs and expenses were due at the date of the constitution of the charge.
[23/2005]
(3)  A charge on a flat constituted under subsection (1) continues in force until all the improvement contributions (including any interest and penalty thereon), and the necessary or incidental charges (including legal costs) incurred by the Town Council concerned before it exercised its power of sale under subsection (5) (as the case may be) secured by the charge have been paid.
[23/2005]
(4)  Any charge on a flat constituted under subsection (1) is subject to —
(a)all encumbrances registered or notified under the Land Titles Act 1993 in respect of that flat before the date of the constitution of the charge;
(b)all moneys due under the lease of the flat to the Board (on its own account or on account of the Central Provident Fund Board), whether before, on or after the date of the constitution of the charge; and
(c)all moneys due to the Central Provident Fund Board under the charge constituted under section 21 or 21B of the Central Provident Fund Act 1953, whether before, on or after the date of the constitution of the charge.
[23/2005]
(5)  Upon the constitution of the charge on a flat under subsection (1), the Town Council concerned has the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the title to the flat to any purchaser as if the Town Council is a registered mortgagee, even though the charge is not registered under the Land Titles Act 1993.
[23/2005]
(6)  Subject to subsection (7), a Town Council must not proceed to sell any flat which is subject to a charge constituted under subsection (1) unless —
(a)notice of the intended sale has been served or published in the prescribed manner;
(b)at the end of 90 days after the date of such notice of the intended sale, the improvement contribution or any part thereof, and any necessary or incidental charges (including legal costs) incurred by the Town Council concerned before it exercised its power of sale under subsection (5), remain due and unpaid;
(c)there is no legal action pending in court to restrain the Town Council from proceeding with the sale; and
(d)the Town Council has obtained prior written approval from the Board as to the eligibility of the person intending to purchase the flat.
[23/2005]
(7)  A Town Council must not proceed under subsection (5) to sell any flat in respect of which any improvement contribution (including any interest and penalty thereon) or any part thereof is due if there is upon the flat and liable to be seized and sold by the Town Council, by enforcement order for seizure and sale of property, any movable property belonging to the owner of the flat of a value estimated by the Town Council to be sufficient to realise the sum required to satisfy such unpaid improvement contribution.
[Act 25 of 2021 wef 01/04/2022]
[23/2005]
(8)  For the purpose of estimating the value of any movable property belonging to the owner of a flat under subsection (7), a Town Council may, by its employees or agents, and at any reasonable time after giving notice to any occupier of the flat, enter upon the flat to carry out such valuation.
[23/2005]
(9)  Where a Town Council has sold any flat under subsection (5), neither the purchaser of the flat nor the Registrar of Titles are to be concerned to inquire into the regularity or validity of the sale or transfer.
[23/2005]
(10)  For the purpose of registering a transfer of any flat sold under subsection (5), the Registrar of Titles may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be.
[23/2005]
(11)  Where a charge on a flat is constituted under subsection (1), the owner of the flat is, upon payment of all the improvement contributions (including any interest and penalty thereon) due, and any necessary or incidental charges (including legal costs) incurred by the Town Council concerned before it exercised its power of sale under subsection (5), entitled to —
(a)a certificate of discharge executed and acknowledged by the Town Council as to the receipt of such payment; and
(b)upon the execution of the certificate of discharge or, in the event of the Town Council refusing to execute the certificate of discharge, an order of court declaring that the flat is discharged from the charge, and the flat freed from the charge constituted under subsection (1).
[24F
[23/2005]
Application of proceeds of sale of flat
35.  The moneys received by a Town Council in exercise of its power of sale under section 34(5), after discharging all prior encumbrances, must be held by it in trust to be applied —
(a)firstly, in payment of all costs and expenses properly and reasonably incurred by the Town Council as incidental to the sale or any attempted sale, or otherwise;
(b)secondly, in payment to the Central Provident Fund Board of all moneys secured by its charge constituted under section 21 or 21B of the Central Provident Fund Act 1953 and are mentioned in section 34(4);
(c)thirdly, in payment to the Board of such moneys due under the lease of the flat to the Board as are mentioned in section 34(4);
(d)fourthly, in payment to the Board of all moneys secured by its charge on the flat (if any) under section 82 of the Housing and Development Act 1959 for unpaid improvement contribution, and in payment to the Town Council of all moneys secured by its charge on the flat (if any), in the order of their priority;
(e)fifthly, in discharge, equally and without preference, of —
(i)the conservancy and service charges and interest accrued and due to the Town Council at the date of the sale; and
(ii)any improvement contribution (including any interest and penalty thereon) accrued and due to the Town Council at the date of the sale, whether or not secured by any charge under section 32;
(f)sixthly, in discharge of any improvement contribution (including any interest and penalty thereon) accrued and due to the Board at the date of the sale, which is not secured by any charge under section 78 of the Housing and Development Act 1959;
(g)seventhly, in payment of subsequent mortgages and charges (if any) in the order of their priority; and
(h)finally, the residue of such moneys so received must be paid to the person who appears from the land‑register kept under the Land Titles Act 1993 to be entitled to the flat sold or to be authorised to give receipts for the proceeds of the sale thereof.
[24G
[23/2005]
Recovery of payments due to Town Council
36.  Any improvement contribution, interest and penalty payable to a Town Council under this Part may be recovered by the Town Council by an action for a debt in any court of competent authority.
[24H
[23/2005; 33/2018]
Power of Minister to make rules
37.—(1)  The Minister may make rules for giving effect to the provisions of this Part and for the due administration thereof and, in particular, for or with respect to all or any of the following matters:
(a)prescribing the manner and procedure for obtaining at a poll, the opinion of owners of flats for lift upgrading works;
(b)prescribing the voting value of votes by owners of flats, including different voting values in respect of different classes of owners;
(c)prescribing the manner for recovering the improvement contribution from owners of the flats;
(d)prescribing the interest and penalty to be paid by any person for the late payment of any improvement contribution;
(e)prescribing any expenditure limits for lift upgrading works;
(f)prescribing anything that may be prescribed.
[23/2005]
(2)  The Minister may, in making any such rules, provide that —
(a)any contravention of, or failure or neglect to comply with, any provision of the rules shall be an offence punishable with a fine not exceeding $5,000; and
(b)where an offence under the rules committed by a Town Council is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, its chairperson or secretary, or any individual who was purporting to act in any such capacity, that chairperson, secretary or individual (as the case may be) as well as the Town Council shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
[24I
[23/2005]
Saving of other rights of Town Council
38.—(1)  Nothing in this Part is to be construed to affect the right of a Town Council to enforce any breach of covenant, condition or undertaking under any licence, lease, tenancy or mortgage or any other agreement in respect of any flat within its Town.
[23/2005]
(2)  No such right of a Town Council is to be deemed prejudiced by reason only of the Town Council’s exercise of any power or performance of any act under this Part.
[24J
[23/2005]
PART 5
PROCEEDINGS OF TOWN COUNCIL
Standing orders
39.  A Town Council may make standing orders for regulating its procedure and, in particular, the standing orders may make such provision for the preservation of order at meetings as the Town Council may consider necessary.
[25
Meetings
40.—(1)  A Town Council must meet at such times as may be laid down in its standing orders and may adjourn from time to time.
(2)  The chairperson may at any time summon a meeting of the Town Council.
(3)  The chairperson must, on a requisition signed by at least two‑thirds of the members of the Town Council to that effect, summon a meeting of the Town Council within 7 days of receiving the requisition.
(4)  The secretary must give notice of a meeting to each member of the Town Council at least 2 clear days before the day of the meeting, except in the case of an emergency meeting when as long a notice as possible must be given.
(5)  Accidental omission to give a notice to any member of the Town Council under subsection (4) does not affect the validity of a meeting.
[26
Minutes
41.—(1)  Minutes of the proceedings of a Town Council and a committee thereof must be kept and authenticated in accordance with standing orders.
(2)  Until the contrary is proved, a meeting of a Town Council or a committee thereof, in respect of the proceedings of which a minute has been kept and authenticated in accordance with its standing orders, is deemed to have been duly convened and held and all the members present at the meeting are deemed to have been duly qualified.
(3)  Where the proceedings are proceedings of a committee, the committee is deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.
[27
Acts of Town Council
42.—(1)  All questions coming or arising before a meeting of a Town Council or a committee thereof must be decided by a majority of the members present and voting thereon.
(2)  Nothing in subsection (1) limits the discretion of a Town Council or a committee thereof to determine any matter by circulating papers.
(3)  Any papers so circulated may assume the agreement of the Town Council or the committee to any matter unless a member notifies his or her disagreement within such time as may be specified in such papers.
[28
Quorum
43.—(1)  At any meeting of a Town Council, one-third of the number of members constitutes a quorum.
(2)  The quorum for any committee of a Town Council must be laid down in the standing orders of the Town Council.
[29
Validity of acts of Town Council
44.  The proceedings of a Town Council or a committee thereof are not invalidated by any vacancy among its number or by any defect in the appointment or qualification of any member thereof.
[30
Committees
45.—(1)  A Town Council may, by resolution, appoint such number of committees as it thinks fit for purposes which, in the opinion of the Town Council, would be better regulated and managed by means of such committees.
[17/2017]
(2)  Subject to subsections (3) and (4), a committee appointed by a Town Council under this section may consist of such number of individuals as the Town Council thinks fit, and may include individuals who are not members.
[17/2017]
(3)  At least one-third of the members of each committee formed under this section must be members of the Town Council, and the chairperson of a committee must be a member of the Town Council if the committee is formed under this section by a Town Council for any of the following matters:
(a)internal audit;
(b)finance;
(c)procurement of goods or services;
(d)publicity and public relations;
(e)estate management.
[17/2017]
(4)  An individual is disqualified from being appointed as a committee member under this section, and must cease to be such a committee member, if the individual —
(a)is appointed under section 52(1) as the auditor of the Town Council;
(b)is or becomes the managing agent of the Town Council; or
(c)is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent of the Town Council.
[17/2017]
(5)  Every individual who is appointed as a committee member under this section must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister.
[17/2017]
(6)  Each member of a committee formed under this section has one vote at meetings of the committee.
[17/2017]
(7)  In addition to his or her general vote, the chairperson, or member of a committee presiding at a meeting, of the committee has, in the case of an equality of votes, a casting vote.
[17/2017]
(8)  Subject to this Act and any restriction in a resolution under subsection (1), a committee formed under this section may regulate its own proceedings and business as it thinks fit.
[31
[17/2017]
Delegation of powers
46.—(1)  A Town Council may, subject to such conditions or restrictions as it thinks fit, delegate to any member of the Town Council, or to any committee of the Town Council or to any member thereof, all or any of the powers, functions and duties by this Act (except a restricted power), and any power, function or duty so delegated may be exercised or performed by such member or committee in the name and on behalf of the Town Council.
[17/2017]
(2)  A Town Council may, subject to such conditions or restrictions as it thinks fit, delegate to any employee thereof or any agent all or any of the powers, functions and duties by this Act (except a restricted power), and any power, function or duty so delegated may be exercised or performed by such employee or agent in the name and on behalf of the Town Council.
[17/2017]
(3)  A Town Council may continue to exercise any power conferred upon it, or perform any function or duty under this Act, despite the delegation of such power, function or duty under this section.
[17/2017]
(4)  Any delegation of power, function or duty under this section by a Town Council must not be inconsistent with the Financial Rules.
(5)  In this section, a restricted power is the power of a Town Council under this Act to make by-laws, and the power of delegation conferred by this section.
[32
[17/2017]
 

Archived for legal research. Authoritative version at sso.agc.gov.sg.