Application of this Part
s 12
Open ↗12. This Part applies to and in relation to every Group 1, every Group 2 and every Group 3 public body to the extent provided in this Part.
Source
Public Sector (Governance) Act 2018 PART 3 — PERSONNEL MATTERS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Interpretation of this Part
s 13
Open ↗13. In this Part, unless the context otherwise requires —“appoint” includes appointing a public officer under a secondment arrangement making available temporarily to a public body the service of the public officer, but excludes to promote; “disciplinary penalty”, for a chief executive, means dismissal from the office of chief executive, reduction in grade, financial penalty, stoppage of increment or withdrawal of any employment benefit because of misconduct; “public body” includes the governing body of a public body where the constitutional Act of the public body provides for such a governing body.
Division 1 — Chief executives
Role of chief executive
s 14
Open ↗14.—(1) The chief executive of a public body is responsible to the public body —(a) for the proper administration and management of the functions and affairs of the public body in accordance with the policy laid down by the public body and the directions given to the public body under this Act; and (b) for ensuring delivery of services, and collaboration to achieve outcomes with other Singapore public sector agencies for the attainment of whole‑of‑government objectives that are communicated to the public body. (2) The chief executive of a public body may be known by such designation as the constitutional Act of the public body prescribes or, subject to that Act, as that public body determines.
Appointment of chief executive
s 15
Open ↗15.—(1) Subject to subsection (2), the chief executive of a Group 1, Group 2A or Group 3 public body must be appointed by the public body, and no other. (2) An individual must not be appointed as the chief executive of a Group 1, Group 2A or Group 3 public body except —(a) with the prior approval of the responsible Minister for the public body, in the case of a Group 1, Group 2A or Group 3 public body; and (b) with the prior concurrence of the Public Service Commission, in the case of a Group 1 public body. (3) Where an individual has been appointed as the chief executive of a public body in contravention of subsection (2), the responsible Minister for the public body may issue a direction to the public body to remove the individual as its chief executive; and the public body must comply with that direction.
Removal of chief executive
s 16
Open ↗16.—(1) Subject to subsection (2), the chief executive of a Group 1, Group 2A or Group 3 public body must not be removed from that office except —(a) with the prior approval of the responsible Minister for the public body, in the case of a Group 1, Group 2A or Group 3 public body; and (b) with the prior concurrence of the Public Service Commission, in the case of a Group 1 public body. (2) Subsection (1) does not apply where —(a) a direction is given by a responsible Minister under section 15(3); or (b) the Public Service Commission concurs under section 17 with a dismissal of a chief executive of a Group 1 public body. (3) To avoid doubt, this section does not prevent a resignation of an individual as a chief executive of a public body, or the acceptance by a public body of such a resignation.
Disciplinary control over chief executive
s 17
Open ↗17.—(1) A disciplinary penalty must not be imposed by any Group 1 public body on its chief executive without the prior concurrence of the Public Service Commission with the decision of the public body to impose the disciplinary penalty. (2) This section does not apply in relation to a chief executive of a public body who is a public officer under a secondment arrangement making available temporarily to the public body the service of the public officer.
Promotion of chief executive
s 18
Open ↗18.—(1) A Group 1 public body must not promote its chief executive to a higher grade in that office without the prior concurrence of the Public Service Commission with the promotion. (2) Where an individual has been promoted by a public body in contravention of subsection (1), the responsible Minister for the public body may give a direction to the public body to take such steps as are necessary to rectify the contravention; and the public body must comply with that direction despite any agreement or other law. (3) This section does not apply in relation to a chief executive of a public body who is a public officer under a secondment arrangement making available temporarily to the public body the service of the public officer.
Saving for other written law
s 19
Open ↗19. To avoid doubt, this Division does not affect any requirement in the Constitution for the concurrence of the President to an appointment or a removal of the chief executive of a public body in the Fifth Schedule to the Constitution.
Division 2 — Public servants
Deemed public servants
s 20
Open ↗20.—(1) The following individuals of a Group 1, Group 2 or Group 3 public body are each deemed to be a public servant for the purposes of the Penal Code 1871 in relation to his or her carrying out any function of the public body:(a) the chairperson of the public body; (b) a member of the public body; (c) the chief executive of the public body; (d) an officer of the public body. (2) Every member of a committee which —(a) is formed by a Group 1A, Group 1B, Group 2 or Group 3 public body; and (b) is delegated to carry out any function of the public body under its constitutional Act or any other written law, is taken to be a public servant for the purposes of the Penal Code 1871 in relation to his or her carrying out the function of the public body.
Deemed public officers
s 21
Open ↗21.—(1) Every individual mentioned in section 20, and every member of a committee which is formed by a Group 1C public body to carry out any of its functions, is taken to be a public officer for the purposes of the Financial Procedure Act 1966 in relation to —(a) his or her administration, assessment, collection or enforcement of payment of any fee, tax, charge, financial penalty or other sum of money which is imposed or collected under the constitutional Act of the public body or any other written law administered by the public body and —(i) is collected by the public body as an agent of the Government under the constitutional Act or that other written law; or (ii) is payable or required by the constitutional Act or other written law to be paid into the Consolidated Fund or other Government Fund; (b) his or her disbursing, on behalf of the Government, under the constitutional Act of the public body or any other written law administered by the public body, any financial assistance or other benefits using moneys withdrawn from the Consolidated Fund or other Government Fund; or (c) his or her administration and management of any contract entered into or managed by the public body on behalf of the Government, and section 20 of the Financial Procedure Act 1966 applies to each of these individuals even though they are not or were not in the employment of the Government. (2) Every member and officer of a Group 1 public body with a function of acting as an agent of the Government is, in relation to his or her entering into contracts on behalf of the Government in the performance of that function, taken to be a public officer for the purposes of the Government Contracts Act 1966.
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