Establishment and incorporation of Productivity Fund Administration Board
Open ↗7. A body called the Productivity Fund Administration Board 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
Open ↗8.—(1) The Board must have a common seal and the seal may be broken, changed, altered or made anew as the Board thinks fit.
(2) All deeds, documents and other instruments requiring the seal of the Board must be sealed with the common seal of the Board in the presence of any 2 officers of the Board duly authorised by the Board to act in that behalf and must be signed by those officers.
(3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.
(4) The Board may by resolution or otherwise appoint an employee of the Board or any other agent, either generally or in a particular case, to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board.
Constitution of Board
Open ↗9.—(1) The Board consists of the following members:(a)
a Chairperson; and
(b)
not less than 3 but not more than 6 other members as the Minister may determine.
(2) The First Schedule has effect with respect to the Board, its members and proceedings.
Functions and duties of Board
Open ↗10.—(1) Subject to the provisions of this Act, the functions and duties of the Board are —(a)
to evaluate and review the proposals relating to the usage of the moneys in the Fund;
(b)
to approve the payment of money from the Fund for the purposes set out in section 4;
(c)
to manage and administer the Fund in accordance with this Act; and
(d)
to carry out any other functions imposed upon the Board by or under this Act or any other written law.
(2) The Board may undertake any other functions that the Minister may assign to the Board and in so doing, the Board is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Board in respect of those functions.
(3) Nothing in this section imposes on the Board, 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 Board
Open ↗11.—(1) Subject to the provisions of this Act, the Board may carry on any activities that appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the performance of its functions and the discharge of its duties under this Act or any other written law and, in particular, the Board may exercise any of the powers specified in the Second Schedule.
(2) Despite subsection (1), the Board may, with the Minister’s approval, carry on such other activities incidental to the performance of its functions and the discharge of its duties under this Act or any other written law as the Board may, from time to time, consider expedient.
(3) The Board must provide the Minister with information with respect to its property and activities in such manner and at such times as the Minister may require.
(4) This section does not limit any power of the Board conferred by or under any other written law.
Appointment of committees and delegation of powers
Open ↗12.—(1) The Board may appoint from among its members or from other persons who are not members any number of committees that it thinks fit for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees, including but not limited to providing advice and guidance to the Board on the evaluation and review of the proposals relating to the usage of the moneys in the Fund.
(2) The Board may, subject to any conditions or restrictions that it thinks fit, delegate to any committee appointed under subsection (1) or to the Chairperson or any Executive Secretary or to any other member, officer or employee of the Board, any of the functions, duties or powers of the Board under this Act or any other written law, except —(a)
the power of delegation conferred by this section;
(b)
the power to make any subsidiary legislation; and
(c)
the power to borrow money.
(3) Any function, duty or power delegated under subsection (2) to any committee or person may be performed, discharged or exercised by the committee or person to whom it has been delegated in the name and on behalf of the Board.
(4) No delegation under this section prevents the performance, discharge or exercise of any function, duty or power by the Board.
Symbol or representation of Board
Open ↗13.—(1) The Board has the exclusive right to the use of any symbol or representation that the Board may select or devise and to display or exhibit that symbol or representation in connection with its activities or affairs.
(2) Any person who uses a symbol or representation which —(a)
is identical with that of the Board; or
(b)
so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion,
shall be guilty of an offence and shall be liable on conviction to —
(c)
a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and
(d)
in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.