Transfer of assets and liabilities
Open ↗36.—(1) As from 1 September 1995, all movable property vested in the Government immediately before that date and used or managed by the National Library and all assets, rights, interests, liabilities and obligations of the Government relating to the National Library are transferred to and vest in the Board without further assurance.
(2) As from 1 September 1995, the Board controls and manages all the libraries which are under the control of the National Library.
(3) If any question arises as to whether any particular property, or whether any particular asset, right, interest, liability or obligation has been transferred to or vested in the Board under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, right, interest, liability or obligation was or was not so transferred or vested.[25
Existing agreements, etc.
Open ↗37. All deeds, bonds, agreements, instruments and arrangements, subsisting immediately before 1 September 1995, affecting any of the property, rights, interests, liabilities and obligations transferred to or vested in the Board under section 36(1) continue in force on and after that date and are enforceable by or against the Board as if, instead of the Government or a person acting on behalf of the Government, the Board had been named therein or had been a party thereto.[26
Pending legal proceedings
Open ↗38. Any proceedings or cause of action pending or existing immediately before 1 September 1995 by or against the Government or any person acting on behalf of the Government relating to the National Library may be continued and enforced by or against the Board.[27
Transfer of employees
Open ↗39.—(1) As from 1 September 1995, such categories of persons employed immediately before that date in the National Library as the Minister may determine are transferred to the service of the Board 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 Board, the scheme and terms and conditions of service in the Government continue to apply to every person transferred to the service of the Board under subsection (1) as if he or she were still in the service of the Government.[28
Pension rights, etc., of Government employees to be preserved
Open ↗40.—(1) The terms and conditions of service of persons transferred to the service of the Board under section 39 must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by such persons while in the employment of the Government and any such term or condition relating to the length of service with the Board must provide for the recognition of service under the Government by persons so transferred to be service by them under the Board.
(2) Nothing in the terms and conditions of service to be drawn up by the Board adversely affects the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act 1956.
(3) In every case where a person has been transferred to the service of the Board under section 39, the Government is liable to pay the Board such portion of any gratuity, pension or allowance payable to that person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her 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 Board.[29
No benefits in respect of abolition or reorganisation of office
Open ↗41. Notwithstanding the provisions of the Pensions Act 1956, no person who is transferred to the service of the Board under section 39 is entitled to claim any benefit under the Pensions Act 1956 on the ground that he or she 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 Board.[30
Continuation and completion of disciplinary proceedings
Open ↗42.—(1) Where on 1 September 1995, any disciplinary proceedings are pending against any person transferred to the service of the Board under section 39, any committee acting under due authority to hear or investigate the matter continues to exist, notwithstanding this Act, for the purpose of completing the hearing or investigation and the making of an order or rendering a decision (as the case may be), and the Government or committee is to complete the hearing or investigation in accordance with the authority vested in the Government or committee immediately before that date and make such order, ruling or direction as the Government or committee could have made under the authority vested in it immediately before that date.
(2) Any order, ruling or direction made or given by the Government or committee pursuant to this section is to be treated as an order, a ruling or a direction of the Board and has the same force or effect as if it had been made or given by the Board pursuant to the power vested in the Board under this Act.[31
Misconduct or neglect of duty by employee before transfer
Open ↗43. The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person transferred to the service of the Board under section 39 for any misconduct or neglect of duty committed prior to 1 September 1995 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.[32
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
