Transfer to Agency of property, assets and liabilities
Open ↗32.—(1) As from 1 July 2002, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by any of the departments specified in the Schedule and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to any such department are transferred to and vest in the Agency without further assurance, act or deed.
(2) If any question arises as to whether any particular property, or whether any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Agency 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 Agency under subsection (1) is held by the Agency upon such tenure and subject to such terms and conditions as the President may determine.
(4) All proceedings in respect of the transferred properties by or against the Government which are pending on 1 July 2002 may be continued, completed and enforced by or against the Agency.
(5) Every agreement relating to any of the transferred properties to which the Government was a party immediately before 1 July 2002, 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 Agency 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 July 2002 a reference to the Agency.
Transfer of employees
Open ↗33.—(1) As from 1 July 2002, such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government and posted to any of the departments specified in the Schedule are transferred to the service of the Agency 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 category of persons has been transferred to the service of the Agency 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 Agency, the scheme and terms and conditions of the Government continue to apply to every person transferred to the service of the Agency under subsection (1) as if the person were still in the employment of the Government.
Pension rights, etc., of Government employees to be preserved
Open ↗34.—(1) The terms and conditions to be drawn up by the Agency 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 Agency under section 33 while in the employment of the Government.
(2) Any term or condition relating to the length of service with the Agency must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Agency.
(3) Nothing in the terms and conditions to be drawn up by the Agency adversely affects the conditions that would have been applicable to persons transferred to the service of the Agency 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 Agency under section 33, the Government is liable to pay to the Agency such portion of any pension, gratuity or allowance payable to the person on his retirement as the same bears to the proportion which the aggregate amount of the person’s 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 Agency.
(5) Where any person in the service of the Agency, 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 Agency or is discharged from such service, the Agency may grant to him or her or to such other person wholly or partly dependent on him or her, as the Agency thinks fit, such allowance or gratuity as the Agency may determine.
No benefits in respect of abolition or reorganisation of office
Open ↗35. Despite the provisions of the Pensions Act 1956, no person who is transferred to the service of the Agency under section 33 is entitled to claim any benefit under that Act on the ground that the person has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Agency.
Existing contracts
Open ↗36. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements, subsisting immediately before 1 July 2002 to which the Government is a party and relating to any of the departments specified in the Schedule or to any person transferred to the service of the Agency under section 33 continue in force on and after that date and are enforceable by or against the Agency as if the Agency 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 ↗37.—(1) Where, on 1 July 2002, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Agency, the proceedings must be carried on and completed by the Agency.
(2) Where, on 1 July 2002, 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 thereon, the committee must complete the hearing or investigation and 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 Agency and has the same force or effect as if it had been made by the Agency pursuant to the authority vested in the Agency under this Act.
(4) All proceedings or causes of action pending or existing immediately before 1 July 2002 by or against the Government in respect of any of the departments specified in the Schedule may be continued, completed and enforced by or against the Agency.
Misconduct or neglect of duty by employee before transfer
Open ↗38. The Agency may reprimand, reduce in rank, retire, dismiss or punish in some other manner any person who had, while in the employment of the Government, 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 Government and if this Act had not been enacted.
Transfer to Agency of property, employees, existing contracts, etc., from Health Sciences Authority relating to Centre for Radiation Protection
Open ↗38A.—(1) As from 1 July 2007, such movable and immovable property vested in the Health Sciences Authority as may be determined by the Minister for Finance and used or managed by the Centre for Radiation Protection and all assets, interests, rights, privileges, liabilities and obligations of the Health Sciences Authority relating to the Centre for Radiation Protection are transferred to and vest in the Agency without further assurance, act or deed.[27/2007]
(2) As from 1 July 2007, all persons employed immediately before that date by the Health Sciences Authority and posted to the Centre for Radiation Protection are transferred to the service of the Agency on terms no less favourable than those enjoyed by them immediately prior to their transfer.[27/2007]
(3) All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 July 2007 to which the Health Sciences Authority is a party and relating to the Centre for Radiation Protection or to any person transferred to the service of the Agency under subsection (2) continue in force on and after that date and are enforceable by or against the Agency as if the Agency had been named therein or had been a party thereto instead of the Health Sciences Authority.[27/2007]
(4) Section 32(2) to (5) applies, with the necessary modifications, to the transfer of property, assets, interests, rights, privileges, liabilities and obligations mentioned in subsection (1).[27/2007]
(5) Sections 33(2), 34, 35, 37 and 38 apply, with the necessary modifications, to the transfer of persons mentioned in subsection (2).[27/2007]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
