Officers to be public servants
127. For the purposes of this Act and of the Penal Code 1871, the Commissioner, every other officer appointed or acting under this Act, and every authorised person (when carrying out any function or duty of the Commissioner) are deemed to be public servants within the meaning of the Penal Code 1871.[21/2016]
Protection from personal liability
127A. No liability shall lie against any person appointed under section 3 or any other person acting under the direction of the Commissioner for anything which is done with reasonable care and in good faith in the execution or purported execution of this Act.[26/2013]
Place of employment deemed to be public place
128. For the purposes of section 14(1) of the Liquor Control (Supply and Consumption) Act 2015, every place of employment is deemed to be a public place.[5/2015]
Jurisdiction of Magistrates’ and District Courts
129.—(1) Subject to any special provision to the contrary in this Act, all convictions and penalties for offences under this Act may be had and recovered before a Magistrate’s Court or a District Court on complaint by any person aggrieved or by the Commissioner or any person authorised by the Commissioner in that behalf.(2) A Magistrate’s Court or a District Court may, despite anything in the Criminal Procedure Code 2010, impose the full punishment prescribed by this Act, except that a Magistrate’s Court is not to impose a sentence of imprisonment exceeding 12 months. —(1) Subject to any special provision to the contrary in this Act, all convictions and penalties for offences under this Act may be had and recovered before a Magistrate’s Court or a District Court on complaint by any person aggrieved or by the Commissioner or any person authorised by the Commissioner in that behalf. (2) A Magistrate’s Court or a District Court may, despite anything in the Criminal Procedure Code 2010, impose the full punishment prescribed by this Act, except that a Magistrate’s Court is not to impose a sentence of imprisonment exceeding 12 months.
Right to hearing
130. The Commissioner and any officer authorised by the Commissioner in writing have the right to appear and be heard before a Magistrate’s Court or a District Court in any proceedings under this Act and also have the right to be heard before those Courts in any prosecution under Chapter 16 of the Penal Code 1871 instituted by him or her in accordance with section 125.
Onus of proof
131. In all proceedings under Part 15, the onus of proving that a person is not the employer or the person whose duty it is under this Act to do or abstain from doing anything is on the person who alleges that the person is not the employer or other person, as the case may be.
Civil proceedings not barred
132. Nothing in this Act operates to prevent any employer or employee from enforcing the employer’s or employee’s respective civil rights and remedies for any breach or non‑performance of a contract of service by any suit in court in any case in which proceedings are not instituted, or, if instituted, are not proceeded with to judgment under this Act.
Power to deal with evidence taken down by another officer
133. Where the Commissioner or any officer performing the duties or exercising the powers conferred on the Commissioner has, for the purpose of inquiring into any matter under this Act, taken down any evidence or made any memorandum and is prevented by death, transfer or other cause from concluding the inquiry, any successor to the Commissioner or other officer may deal with the evidence or memorandum as if the successor had taken it down or made it and proceed with the inquiry from the stage at which his or her predecessor left it.
Application of fines
134. When under this Act any court imposes a fine or enforces the payment of any sum secured by a recognizance or bond, the court may direct that the whole or any part of the fine or sum when recovered be paid to the party complaining, or where the offence was committed by an employer in respect of a liability to pay money to an employee, that employee.
Imprisonment to be in discharge of fine, compensation, etc.
135. Subject to any special provision to the contrary in this Act, from and after the determination of any imprisonment suffered under this Act for non-payment of the amount of any fine, compensation or damages, with the costs assessed and directed to be paid by any order of court, the amount so ordered is deemed to be liquidated and discharged, and the order is annulled.
Recovery of money as fines
136. In the event of any employer being subjected to any fine or penalty (but not an administrative penalty under Part 15A) under the provisions of this Act, the fine or penalty may, in addition to any other means of recovery, be recovered by distress and sale of the place of employment, or of any property belonging to the employer and in the place of employment.[27/2015]
Service of requisitions and summons
137.—(1) Any requisition issued under section 98 or 99 or any summons issued under section 116, 119 or 124 may be served on any person —(a) by delivering it to the person or to some adult member of his or her family at his or her last known place of residence; (b) by leaving it at or sending it by registered post to the person’s usual or last known place of residence or business in an envelope addressed to the person; or (c) where the person is a body of persons or a body corporate —(i) by delivering it to the director, manager, secretary or other similar officer of the body of persons or body corporate at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the body of persons or body corporate at its registered office or principal place of business. (2) Any requisition or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the requisition or summons (as the case may be) would in the ordinary course of post be delivered and, in proving service of the requisition or summons, it is sufficient to prove that the envelope containing the requisition or summons (as the case may be) was properly addressed, stamped and posted by registered post. —(1) Any requisition issued under section 98 or 99 or any summons issued under section 116, 119 or 124 may be served on any person —(a) by delivering it to the person or to some adult member of his or her family at his or her last known place of residence; (b) by leaving it at or sending it by registered post to the person’s usual or last known place of residence or business in an envelope addressed to the person; or (c) where the person is a body of persons or a body corporate —(i) by delivering it to the director, manager, secretary or other similar officer of the body of persons or body corporate at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the body of persons or body corporate at its registered office or principal place of business. (2) Any requisition or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the requisition or summons (as the case may be) would in the ordinary course of post be delivered and, in proving service of the requisition or summons, it is sufficient to prove that the envelope containing the requisition or summons (as the case may be) was properly addressed, stamped and posted by registered post.
Power to make reciprocal provisions with Malaysia for service, execution and enforcement of summonses, warrants and orders
138. If the Minister is satisfied that arrangements have been or will be made under any legislation in force in Malaysia for the service, execution or enforcement in Malaysia of summonses, warrants or orders issued or made under this Act, the Minister may, by regulations made under this Act —(a) prescribe the procedure for sending such summonses, warrants and orders to Malaysia for service, execution or enforcement and specify the conditions under which any such summons is deemed to have been served; and (b) make reciprocal provisions for the service, execution or enforcement in Singapore of summonses, warrants or orders issued or made in Malaysia under any corresponding or similar legislation in force in Malaysia.
Power to make regulations
139.—(1) The Minister may, in addition to the powers expressly conferred by any other provisions of this Act, make regulations for carrying out the purposes of this Act.(2) In particular and without limiting subsection (1), the regulations may —(a) prescribe the circumstances and conditions under which females may be employed as workmen; (aa) regulate the conduct of an employer towards an employee, for the purposes of protecting the employee from any employment practice that may adversely affect the employee’s wellbeing; (b) require records to be maintained and prescribe the form and contents thereof and the manner in which they are to be displayed; (c) regulate the method of collecting statistics either in connection with or independently of any other public department, the staff to be employed in connection therewith, the duties to be performed and the publications (if any) to be issued; (d) prescribe the forms and manner in which and the times and places at which particulars or information are to be furnished, and the manner in which the same are to be authenticated, and any other thing which under this Act is required to be prescribed; (e) exempt any employer or class of employers from the obligation to furnish particulars or information under this Act, either wholly or to the prescribed extent, and either unconditionally or subject to the prescribed conditions; (ea) prescribe any deduction that may be made under section 27(1)(k), and the conditions for the making of that deduction; (f) prescribe the form of register to be kept under section 29 and the forms of orders to be made under sections 115 and 119; (g) prescribe the fees payable for copies of notes of evidence and decisions recorded under section 119(1)(j); (ga) provide for any matter relating to the release of any arrested person on any bail or bond under section 105(5); and (h) prescribe the administrative penalties for civil contraventions under Part 15A of an amount not exceeding $1,000 for each occasion of a civil contravention, and $2,000 in the case of a second or subsequent occasion of the civil contravention.[26/2013; 27/2015; 55/2018] (2A) The Minister may, in making any regulations under this Act, provide that any contravention of the provisions of the regulations shall be an offence punishable with a fine not exceeding —(a) $5,000 in the case of a first conviction; and (b) $10,000 in the case of a second or subsequent conviction for contravening or failing to comply with the same provision within one year after the immediately preceding conviction.[27/2015] (2B) The Minister may, in making any regulations mentioned in subsection (2)(aa), prescribe any contravention of any provision of those regulations as a contravention to which section 126A applies, instead of providing for that contravention to be an offence mentioned in subsection (2A).[55/2018] (3) All regulations made under this Act must be published in the Gazette and must be presented to Parliament as soon as possible after publication. —(1) The Minister may, in addition to the powers expressly conferred by any other provisions of this Act, make regulations for carrying out the purposes of this Act. (2) In particular and without limiting subsection (1), the regulations may —(a) prescribe the circumstances and conditions under which females may be employed as workmen; (aa) regulate the conduct of an employer towards an employee, for the purposes of protecting the employee from any employment practice that may adversely affect the employee’s wellbeing; (b) require records to be maintained and prescribe the form and contents thereof and the manner in which they are to be displayed; (c) regulate the method of collecting statistics either in connection with or independently of any other public department, the staff to be employed in connection therewith, the duties to be performed and the publications (if any) to be issued; (d) prescribe the forms and manner in which and the times and places at which particulars or information are to be furnished, and the manner in which the same are to be authenticated, and any other thing which under this Act is required to be prescribed; (e) exempt any employer or class of employers from the obligation to furnish particulars or information under this Act, either wholly or to the prescribed extent, and either unconditionally or subject to the prescribed conditions; (ea) prescribe any deduction that may be made under section 27(1)(k), and the conditions for the making of that deduction; (f) prescribe the form of register to be kept under section 29 and the forms of orders to be made under sections 115 and 119; (g) prescribe the fees payable for copies of notes of evidence and decisions recorded under section 119(1)(j); (ga) provide for any matter relating to the release of any arrested person on any bail or bond under section 105(5); and (h) prescribe the administrative penalties for civil contraventions under Part 15A of an amount not exceeding $1,000 for each occasion of a civil contravention, and $2,000 in the case of a second or subsequent occasion of the civil contravention.[26/2013; 27/2015; 55/2018] (2A) The Minister may, in making any regulations under this Act, provide that any contravention of the provisions of the regulations shall be an offence punishable with a fine not exceeding —(a) $5,000 in the case of a first conviction; and (b) $10,000 in the case of a second or subsequent conviction for contravening or failing to comply with the same provision within one year after the immediately preceding conviction.[27/2015] (2B) The Minister may, in making any regulations mentioned in subsection (2)(aa), prescribe any contravention of any provision of those regulations as a contravention to which section 126A applies, instead of providing for that contravention to be an offence mentioned in subsection (2A).[55/2018] (3) All regulations made under this Act must be published in the Gazette and must be presented to Parliament as soon as possible after publication.
Amendment of Schedules
140.—(1) The Minister may, by order in the Gazette, amend any of the Schedules.[55/2018] (2) The Minister may, in an order under subsection (1), make such provisions of a saving or transitional nature consequent to the enactment of that order as the Minister may consider necessary or expedient.[55/2018] —(1) The Minister may, by order in the Gazette, amend any of the Schedules.[55/2018] (2) The Minister may, in an order under subsection (1), make such provisions of a saving or transitional nature consequent to the enactment of that order as the Minister may consider necessary or expedient.[55/2018]
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.