Transfer to Authority of property, assets and liabilities
Open ↗21.—(1) As from 1 April 2001, such movable and immovable property vested in the Board and used or managed by the Regulation Department and all assets, interests, rights, privileges, liabilities and obligations of the Board relating to that Department are transferred to and vest in the Authority 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 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) Every proceeding by or against the Board relating to the Regulation Department which are pending on 1 April 2001 may be continued, completed and enforced by or against the Authority.
(4) Every agreement relating to any of the transferred properties to which the Board was a party immediately before 1 April 2001, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if —(a)
the Authority had been a party to the agreement; and
(b)
for any reference to the Board there were substituted in respect of anything to be done on or after 1 April 2001 a reference to the Authority.
Transfer of employees
Open ↗22.—(1) As from 1 April 2001 —(a)
all persons in the Regulation Department; and
(b)
any other persons that the Board may determine,
employed immediately before that date by the 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) Until such time as terms and conditions of service are drawn up by the Authority, the scheme and terms and conditions of service in the Board continue to apply to every person transferred to the service of the Authority under subsection (1) as if the person were still in the service of the Board.
Service rights, etc., of transferred employees to be preserved
Open ↗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 persons transferred to the service of the Authority under section 22 while in the employment of the Board.
(2) Any term or condition relating to the length of service with the Authority must provide for the recognition of service under the Board by the persons transferred under section 22 to be service by them under the Authority.
Existing contracts
Open ↗24. All deeds, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2001 to which the Board is a party and relating to the Regulation Department or to any employee of the Board transferred to the service of the Authority under section 22 continue in force on and after that date and are enforceable by or against the Authority as if the Authority had been named therein or had been a party thereto instead of the Board.
Continuation and completion of disciplinary proceedings
Open ↗25.—(1) Where on 1 April 2001 any disciplinary proceedings were pending against any employee of the Board transferred to the service of the Authority under section 22, the proceedings must be carried on and completed by the Authority.
(2) Where on 1 April 2001 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 decision had been made thereon, the committee must complete the hearing or investigation and must make any order, ruling or direction that 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 to be treated as an order, a ruling or a direction of the Authority and have the same force or effect as if it had been made by the Authority pursuant to the authority vested in the Authority under this Act.
Misconduct or neglect of duty by employee before transfer
Open ↗26. The Authority 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 Board, 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 employment of the Board, and if this Act had not been enacted.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
