Transfer to Authority of property, assets and liabilities
21.—(1) As from 1 April 2004 —(a)
such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by the Registry of Companies and Businesses and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to the Registry of Companies and Businesses; and
(b)
the movable and immovable property vested in the Public Accountants Board and all assets, interests, rights, privileges, liabilities and obligations of the Public Accountants Board,
are, without further assurance, act or deed, transferred to and vest in the Authority.
(2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.
(3) Any immovable property to be transferred to and vested in the Authority under subsection (1) must be held by the Authority upon such tenure and subject to such terms and conditions as the President may determine.[22
Transfer of employees
22.—(1) As from 1 April 2004 —(a)
such individuals or categories of individuals as the Minister may determine who, immediately before that date, were employed by the Government in the Registry of Companies and Businesses; and
(b)
every individual employed immediately before that date by the Public Accountants Board,
are transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer.
(2) If any question arises as to whether any individual or any category of individuals has been transferred to the service of the Authority under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the individual or category of individuals was or was not so transferred.
(3) Until such time that terms and conditions of service are drawn up by the Authority, the scheme and terms and conditions of service in the Government or in the Public Accountants Board (as the case may be) continue to apply to every individual transferred to the service of the Authority under subsection (1) as if he or she were still in the service of the Government or the Public Accountants Board, as the case may be.
(4) Despite the provisions of the Pensions Act 1956, an individual who is transferred to the service of the Authority under this section is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the public service on account of abolition or reorganisation of office in consequence of the establishment of the Authority.[23
Service rights, etc., of transferred employees to be preserved
23.—(1) The terms and conditions to be drawn up by the Authority must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the individual transferred to the service of the Authority under section 22 while in the employment of the Government or the Public Accountants Board, as the case may be.
(2) Any term or condition relating to the length of service with the Authority must recognise the length of service of the individual so transferred while in the employment of the Government or the Public Accountants Board (as the case may be) to be service with the Authority.
(3) The terms and conditions of service to be drawn up by the Authority must not adversely affect the conditions that would have been applicable to individuals transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act 1956.
(4) Where an individual has been transferred to the service of the Authority under section 22, the Government is liable to pay to the Authority the portion of any pension, gratuity or allowance payable to the individual on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Authority.
(5) Where any individual in the service of the Authority, whose case does not fall within the scope of any pension or other scheme established under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to him or her or to any other individual wholly or partly dependent on him or her, that the Authority thinks fit, such allowance or gratuity as the Authority may determine.[24
Existing contracts
24.—(1) All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2004 to which the Government is a party and relating to the Registry of Companies and Businesses or to any individual transferred to the service of the Authority under section 22(1)(a) continue in force on and after that date and are enforceable by or against the Authority as if the Authority had been named in them or had been a party to them instead of the Government.
(2) All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2004 to which the Public Accountants Board is a party continue in force on and after that date and are enforceable by or against the Authority as if the Authority had been named in them or had been a party to them instead of the Public Accountants Board.[25
Misconduct or neglect of duty by employee before transfer
25. The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner an individual who had, while he or she was in the service of the Government or the Public Accountants Board (as the case may be), been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the service of the Government or the Public Accountants Board (as the case may be) and if this Act had not been enacted.[28
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
