Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Establishment and incorporation of Council for Estate Agencies
6. A body called the Council for Estate Agencies is established, which is a body corporate with perpetual succession and is by that name capable of —(a) suing and being sued; (b) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and (c) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.
Common seal
7.—(1) The Council must have a common seal and such seal may be broken, changed, altered or made anew as the Council thinks fit. (2) All deeds and other documents requiring the seal of the Council must be sealed with the common seal of the Council. (3) Every instrument to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Council for the purpose, or by one member and the Executive Director. (4) The Council may, by resolution or otherwise in writing, appoint any officer of the Council or any other agent either generally or in any particular case to execute or sign on behalf of the Council any agreement or other instrument not under seal in relation to any matter within the powers of the Council. (5) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Council affixed to any document and presume that it was duly affixed.
Constitution of Council
8.—(1) The Council consists of the following members:(a) a chairperson called the president; (b) not less than 5 and not more than 15 such other members as the Minister may determine.[5/2018] (2) The Schedule has effect with respect to the Council, its members and its proceedings.
Functions and duties of Council
9.—(1) Subject to the provisions of this Act, the functions and duties of the Council are as follows:(a) to administer the licensing and registration regimes under this Act; (b) to regulate and control the practice of estate agents and salespersons; (c) to promote integrity and competence among estate agents and salespersons and to maintain or enhance their status; (d) to administer examinations and a professional development framework for the purposes of licensing and registration under this Act; (da) to accredit activities, courses and programmes for continuing professional education for or in respect of estate agents and salespersons; (e) to develop codes of practice, ethics and conduct for estate agents and salespersons; (f) to conduct investigations and disciplinary proceedings in relation to offences and unsatisfactory conduct or misconduct in relation to estate agency work; (g) to develop measures to equip consumers with the necessary knowledge to conduct their property transactions with prudence and diligence; (h) to perform such other functions and discharge such other duties as may be conferred on the Council by any written law.[24/2020] (2) In addition to the functions and duties imposed under subsection (1), the Council may undertake such other functions and duties (not incompatible with those specified in that subsection) as the Minister may, by order in the Gazette, assign to the Council and in so doing —(a) the Council is deemed to be fulfilling the purposes of this Act; and (b) the provisions of this Act apply to the Council in respect of such functions and duties. (3) Nothing in this section is to be construed as imposing on the Council, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.
Powers of Council
10.—(1) Subject to the provisions of this Act, the Council has the power to do anything for the purpose of performing its functions and discharging its duties under this Act or any other written law, or which is incidental or conducive to the performance and discharge of those functions and duties. (2) Without limiting subsection (1), the Council may —(a) enter into such contracts as may be necessary or expedient for the purpose of discharging the functions and duties of the Council; (b) acquire or dispose of, in accordance with the provisions of this Act, any property, whether movable or immovable, which the Council thinks necessary or expedient for the purpose of carrying out its functions or duties; (c) charge fees for licensing and registration and for any services rendered by the Council or for the use of any facilities of the Council; (d) receive grants or contributions from any source, or raise funds by all lawful means and apply such funds for any of the functions and duties of the Council; (e) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Council and members of their families; (f) lease, let or otherwise utilise any property, movable or immovable, vested in or acquired by the Council on such terms and conditions as the Council thinks fit; and (g) do anything incidental to any of its functions, duties or powers. (3) This section is not to be construed as limiting any power of the Council conferred by or under any other written law. (4) The Council must provide the Minister information with respect to its property and activities in such manner and at such times as the Minister may require.
Directions by Minister
11. The Minister may give to the Council any direction under section 5 of the Public Sector (Governance) Act 2018.[5/2018]
Appointment of committees and delegation
12.—(1) The Council may appoint from among its own members or from other persons any number of committees that it thinks fit for purposes which, in the opinion of the Council, would be more expediently carried out or managed by means of those committees. (2) Where a committee is established, the Council must appoint a person to be the chairperson of that committee. (3) The Council may alter or discharge any committee appointed under subsection (1), and define or vary the terms of reference of the committee. (4) Subject to the provisions of this Act and to the control of the Council, each committee appointed under subsection (1) may regulate its procedure in such manner as the committee thinks fit. (5) The Council may, subject to any conditions or restrictions that it thinks fit, delegate —(a) to any of its members, including the president; (b) to its Executive Director, or any of its officers or employees; or (c) to any committee appointed under subsection (1), any of its functions, duties or powers under this Act or any other written law. [5/2018] (6) Any function, duty or power delegated under subsection (5) to any committee or person may be performed or exercised by the committee or person in the name of, and on behalf of, the Council.
Executive Director, officers and employees, etc.
13.—(1) There must be an Executive Director of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.[5/2018] (2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Executive Director during any period, or during all periods, when the Executive Director —(a) is absent from duty or Singapore; or (b) is, for any reason, unable to perform the duties of the office.[5/2018] (3) The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.[5/2018]
Preservation of secrecy
14.—(1) Except for the purpose of the performance of his or her functions or the discharge of his or her duties or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, a person who is or has been —(a) a member, an officer, an employee, a consultant or an agent of the Council; (b) a committee member; (c) a member of the Disciplinary Panel; or (d) a member of the Appeals Board, must not disclose any information relating to the affairs of the Council or any other person which has been obtained by him or her in the performance of his or her functions or the discharge of his or her duties under this Act. [5/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Protection from liability
15.—(1) No liability lies personally against any member, officer, employee or committee member of the Council or other person acting under the direction of the Council for anything which is done or omitted to be done in good faith and with reasonable care in the execution or purported execution of this Act.[24/2020] (2) Where the Council provides a service to the public whereby information is supplied to the public pursuant to any written law, neither the Council nor any of its members, officers, employees or committee members involved in the supply of such information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith, with reasonable care and in the ordinary course of the discharge of the duties of the Council or such member, officer, employee or committee member.[24/2020]
Financial year
17. The financial year of the Council begins on 1 April of each year and end on 31 March of the succeeding year.
Minister’s approval of estimates
18.—(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Council, be sent without delay to the Minister.[5/2018] (2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.[5/2018] (3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Council, and the Council is bound by the Minister’s decision.[5/2018] (4) However, the Council may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister.[5/2018]
Moneys recovered or collected by Council
19.—(1) Subject to subsection (2), all moneys recovered by the Council, and fees and charges collected under this Act must be paid into and form part of the moneys of the Council. (2) All composition sums and financial penalties collected under this Act must be paid into the Consolidated Fund.
Grants
20. For the purpose of enabling the Council to perform its functions and discharge its duties under this Act or any other written law, the Minister may make grants to the Council of such sums of money as the Minister may determine, out of moneys to be provided by Parliament.
Power to borrow
21.—(1) For the performance of its functions or discharge of its duties under this Act or any other written law, the Council may raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by —(a) mortgage, overdraft or other means, with or without security; (b) charge, whether legal or equitable, on any property vested in the Council or on any other revenue receivable by the Council under this Act or any other written law; or (c) the creation and issue of debentures, bonds or any other instrument as the Minister may approve. (2) For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Council for the purchase of goods, materials or things.
Issue of shares, etc.
22. As a consequence of —(a) the vesting of any property, rights or liabilities of the Government in the Council under this Act; or (b) any capital injection or other investment by the Government in the Council in accordance with any written law, the Council must issue such shares or other securities to the Minister for Finance as that Minister may direct.
Bank accounts
23.—(1) The Council must open and maintain one or more accounts with any bank or banks that the Council thinks fit. (2) Every such account must be operated by such person authorised to do so by the Council.
Application of moneys
24. The moneys of the Council must be applied only in payment or discharge of the expenses, obligations and liabilities of the Council and in making any payment that the Council is authorised or required to make.
Investment power
25. The Council may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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