Transfer to Commission of property, assets and liabilities
Open ↗24.—(1) As from 1 January 2005, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by the Market Analysis Division of the Ministry of Trade and Industry (called in this Division the transferred Division) and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to the transferred Division are transferred to and vest in the Commission without further assurance, act or deed.
(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 Commission 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 Commission under subsection (1) is held by the Commission upon such tenure and subject to such terms and conditions as the President may determine.
(4) Every agreement relating to any of the transferred properties to which the Government was a party immediately before 1 January 2005, whether or not of such nature that the rights and liabilities under the agreement could be assigned, has effect as from that date as if —(a)
the Commission had been a party to such an agreement; and
(b)
for any reference to the Government there was substituted in respect of anything to be done on or after 1 January 2005 a reference to the Commission.
Transfer of employees
Open ↗25.—(1) As from 1 January 2005, such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government and posted to the transferred Division are transferred to the service of the Commission on terms no less favourable than those enjoyed by them immediately prior to their transfer.
(2) If any question arises as to whether any person or any category of persons has been transferred to the service of the Commission under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred.
(3) Until such time as terms and conditions of service are drawn up by the Commission, the scheme and terms and conditions of service in the Government continue to apply to every person transferred to the service of the Commission under subsection (1) as if he or she were still in the service of the Government.
Service rights, etc., of transferred employees to be preserved
Open ↗26.—(1) The terms and conditions to be drawn up by the Commission must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Commission under section 25 while in the employment of the Government.
(2) Any term or condition relating to the length of service with the Commission must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Commission.
(3) Nothing in the terms and conditions of service to be drawn up by the Commission adversely affects the conditions that would have been applicable to persons transferred to the service of the Commission as regards any pension, gratuity or allowance payable under the Pensions Act 1956.
(4) Where a person has been transferred to the service of the Commission under section 25, the Government shall be liable to pay to the Commission such portion of any pension, gratuity or allowance payable to the person on the person’s retirement as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during the person’s service with the Government bears to the aggregate amount of the person’s pensionable emoluments during the person’s service under both the Government and the Commission.
(5) Where any person in the service of the Commission, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Commission or is discharged from such service, the Commission may grant to him or her or to such other person wholly or partly dependent on him or her, as the Commission thinks fit, such allowance or gratuity as the Commission may determine.
No benefits in respect of abolition or reorganisation of office
Open ↗27. Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the Commission under section 25 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 and incorporation of the Commission.
Existing contracts
Open ↗28. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 January 2005 to which the Government is a party and relating to the transferred Division or to any person transferred to the service of the Commission under section 25 continue in force on and after that date and are enforceable by or against the Commission as if the Commission had been named therein or had been a party thereto instead of the Government.
Continuation and completion of disciplinary proceedings and other legal proceedings
Open ↗29.—(1) Where, on 1 January 2005, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Commission, the proceedings must be carried on and completed by the Commission.
(2) Where, on 1 January 2005, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made on the matter, the committee must complete the hearing or investigation and must make such order, ruling or direction as it could have made under the authority vested in it before that date.
(3) Any order, ruling or direction made by a committee under this section is treated as an order, a ruling or a direction of the Commission and has the same force or effect as if it had been made by the Commission pursuant to the authority vested in the Commission under this Act.
(4) Any proceedings or cause of action pending or existing immediately before 1 January 2005 by or against the Government, or any person acting on its behalf, in relation to —(a)
the transferred Division;
(b)
any portion of the property, assets, interests, rights, privileges, liabilities and obligations transferred to the Commission under section 24; or
(c)
any employee transferred to the service of the Commission under section 25,
may be continued, completed and enforced by or against the Commission.
Misconduct or neglect of duty by employee before transfer
Open ↗30. The Commission may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst the person was in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if the person had continued to be in the employment of the Government, and if this Act had not been enacted.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
