Tenure of office of elected members
13.—(1) Subject to this section, a Member of Parliament assumes office as an elected member of a Town Council —(a)
for a Town declared after a general election — on the day that the order made under section 3(1) in the circumstances in section 3(3) takes effect;
(b)
for a Town comprising any constituency in which a by‑election is held — on the day after the day the Member of Parliament is declared returned at the by‑election as the Member of Parliament for that constituency under section 49(7E)(a) or 49A(5) of the Parliamentary Elections Act 1954, whichever happens; or
(c)
for a Town in any other case — on the day the Town is declared under section 3.[17/2017]
(2) An elected member of a Town Council vacates office as an elected member of a Town Council only when he or she ceases to be a Member of Parliament for the constituency comprised within the Town for which the Town Council is established.[17/2017]
(3) Subject to subsection (2), an elected member of a Town Council cannot resign his or her office as an elected member, and any purported resignation as an elected member of a Town Council is of no effect.[17/2017]
(4) Every elected member of a Town Council who is not a chairperson or vice‑chairperson of the Town Council must, as soon as practicable after assuming office as an elected member, complete a declaration of acceptance of that office in the form prescribed by rules under section 82 and deliver the declaration to the Minister.[17/2017]
Tenure of office of appointed members
14.—(1) Subject to subsections (2), (4), (5), (6) and (8), an appointed member holds office for a term of 2 years and on such conditions as the chairperson may determine and is eligible for re‑appointment.[17/2017]
(2) Every appointed member of a Town Council ceases to be a member upon the assumption of office of the chairperson of the Town Council under section 9(2) or (4), unless the member earlier resigns or vacates his or her office in accordance with this Act.[17/2017]
(3) The chairperson may appoint any person to be a temporary appointed member of a Town Council during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of any appointed member.
(4) The chairperson may, at any time, revoke the appointment of any appointed member without assigning any reason.
(5) Any appointed member may resign from his or her appointment at any time by giving written notice to the chairperson.
(6) The office of an appointed member must be vacated if the appointed member —(a)
has been absent, without leave of the chairperson, from 3 consecutive meetings of the Town Council;
(b)
where the appointed member was a resident of any housing estate within the Town, ceases to be so resident; or
(c)
becomes in any manner disqualified for membership of the Town Council.
(7) If an appointed member resigns, dies or has his or her appointment revoked or otherwise vacates his or her office before the expiry of the term for which he or she has been appointed, the chairperson may appoint a person to fill the vacancy for the residue of the term for which the vacating member was appointed.
(8) A person must not be appointed or continue to hold office as an appointed member of a Town Council if he or she —(a)
is not a citizen of Singapore;
(b)
is appointed under section 52(1) as the auditor of the Town Council;
(c)
is or becomes the managing agent of the Town Council;
(d)
is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent or appointed auditor of the Town Council;
(e)
is an undischarged bankrupt or has made any arrangement with his or her creditors; or
(f)
has been sentenced to imprisonment for a term of at least one year or to a fine of at least $2,000 and has not received a free pardon.[17/2017]
(9) The disqualification of a person under subsection (8)(f) may be removed by the President and ceases, if not so removed, at the end of 5 years beginning from the date on which the person was released from custody or the date on which the fine was imposed on the person.
(10) Every appointed member of a Town Council must, as soon as practicable after being so appointed under subsection (1) or (3), complete a declaration of acceptance of that office in the form prescribed by rules under section 82 and deliver the declaration to the Minister.[17/2017]
Conflict of interest and disclosure by members
15.—(1) As soon as practicable after a member of a Town Council becomes aware of a conflict of interest in a question that has arisen or is about to arise before the Town Council, the member must disclose in writing the fact, nature, character and extent of the personal or financial interest that gives rise to the conflict —(a)
in the case of the chairperson, to the secretary and all other members of the Town Council; or
(b)
in the case of any other member of the Town Council, to the secretary and —(i)
to the chairperson;
(ii)
if the chairperson also has a conflict of interest — to a vice‑chairperson; or
(iii)
if both the chairperson and vice‑chairperson also have a conflict of interest — to all other members of the Town Council.[17/2017]
(2) The secretary to a Town Council must ensure that every disclosure under subsection (1) in relation to any question —(a)
is recorded in a register of interests kept and maintained in the prescribed form; and
(b)
is brought to the attention of the member presiding at a meeting of the Town Council at which that question arises or is to arise.[17/2017]
(3) A member of a Town Council —(a)
may be present at a meeting of the Town Council while a question in which the member has a conflict of interest is under consideration and may be treated as being present at a meeting for the purposes of determining quorum; but
(b)
must not participate in any decision on the question.[17/2017]
(4) For the purposes of this section, a member of a Town Council has a conflict of interest in a question arising for decision by the Town Council if the member, or an associate of the member, has a personal or financial interest in how the question is decided.[17/2017]
(5) However, subsection (4) does not apply merely because of an interest that is —(a)
an interest in a question about the level of allowances or expenses to be set for members;
(b)
an interest that the member, or an associate of the member, shares in common with the general public or a substantial section of the public;
(c)
an interest of the member or an associate of the member —(i)
in an appointment or a nomination for an appointment to a body with predominantly charitable objects; or
(ii)
in any payment or reimbursement of membership fees, or expenses related to membership, in a body mentioned in sub-paragraph (i);
(d)
an interest of the member, or an associate of the member, that is prescribed; or
(e)
an interest so remote or insignificant that it could not reasonably be regarded as likely to influence a decision.[17/2017]
(6) In this section and section 16, a person is an associate of another if —(a)
they are spouses or siblings or a parent and child or they are in a similar close family relationship;
(b)
they are in partnership;
(c)
one is a company and the other is a director or manager of the company;
(d)
one is a private company within the meaning of the Companies Act 1967 and the other is a shareholder in the company; or
(e)
a chain of relationships can be traced between them under one or more of the above paragraphs.[17/2017]
(7) The secretary to a Town Council who, without reasonable excuse —(a)
fails to keep and maintain a register of interests in the prescribed form; or
(b)
fails to comply with subsection (2),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[17/2017]
(8) To avoid doubt, this section is in addition to, and not in derogation of, the operation of any rule of law restricting a member of a Town Council from having any interest in contracts with the Town Council or from holding offices or possessing interests in conflict with his or her duties as such a member.[17/2017]
Town Council staff, etc., to disclose conflict of interest
16.—(1) This section applies —(a)
to the secretary to a Town Council;
(b)
to an employee, a staff or the managing agent of a Town Council who has been delegated a power, function or duty of the Town Council under this Act; and
(c)
to a member of a committee of a Town Council who has been delegated a power, function or duty of the Town Council under this Act.[17/2017]
(2) As soon as practicable after a person mentioned in subsection (1)(a), (b) or (c) becomes aware of a conflict of interest that has arisen or is about to arise in a matter in which the person is conferred a power, function or duty relating to the Town Council by or under this Act, the person —(a)
must not exercise or further exercise that power, or perform or further perform that function or duty, without the approval of the Town Council; and
(b)
must disclose the fact, nature, character and extent of the personal or financial interest that gives rise to the conflict as follows:(i)
in the case of the secretary to or a member of a committee of a Town Council, or the managing agent of the Town Council — disclose to the chairperson of the Town Council in writing as soon as the secretary, member of a committee or managing agent (as the case may be) becomes aware of the conflict of interest, and to the Town Council not later than at the next meeting of the Town Council;
(ii)
in the case of an employee or a staff of a Town Council — disclose to the secretary to the Town Council in writing as soon as the employee or staff becomes aware of the conflict of interest.[17/2017]
(3) A person mentioned in subsection (1) has a conflict of interest in a matter in which the person is conferred a power, function or duty relating to the Town Council if the person, or an associate of the person, has a personal or financial interest in how the power, function or duty is to be exercised or performed in relation to that matter.[17/2017]
(4) This section is in addition to, and not in derogation of, the operation of any rule of law restricting a person mentioned in subsection (1) from having any interest in contracts with a Town Council or from holding offices or possessing interests in conflict with his or her powers, functions or duties as such a secretary to, or an employee or a staff or a managing agent of, a Town Council or a member of a committee of a Town Council.[15A
[17/2017]
Allowances, etc., payable to members
17.—(1) Subject to subsection (2), the chairperson, vice‑chairpersons and other members of a Town Council may be paid, out of the Town Council Fund, such allowances as may be prescribed.
(2) Any full-time chairperson, vice‑chairpersons and other members of a Town Council may be paid, out of the Town Council Fund, such salaries as may be prescribed.[16
Validity of acts of members
18. The acts and proceedings of any member of a Town Council acting as such are, despite his or her want of qualification or disqualification, as valid and effectual as if he or she had been qualified.[17
Notice about members and key officers of Town Council
19.—(1) Within 30 days after an individual —(a)
assumes any of the following offices in a Town Council:(i)
the chairperson;
(ii)
a vice‑chairperson;
(iii)
an elected member;
(iv)
an appointed member; or
(b)
is appointed as a key officer of a Town Council,
the Town Council must give to the Minister a notice specifying the name and other prescribed particulars of the individual.
[17/2017]
(2) Within 30 days after an individual —(a)
ceases to hold any of the following offices in a Town Council, other than because of the operation of section 9(9), 13(2) or 14(2):(i)
the chairperson;
(ii)
a vice‑chairperson;
(iii)
an elected member;
(iv)
an appointed member; or
(b)
ceases to be a key officer of a Town Council,
the Town Council must give to the Minister a notice specifying the name of the individual and other prescribed particulars about the cessation.
[17/2017]
(3) Within 30 days after an individual —(a)
assumes any office mentioned in subsection (1)(a); or
(b)
is appointed as —(i)
the secretary to the Town Council;
(ii)
the general manager of the Town Council;
(iii)
a finance manager of a Town Council; or
(iv)
a deputy of any officer in sub-paragraph (i), (ii) or (iii),
the Town Council must exhibit, in accordance with subsection (4), a notice in English specifying the name of the individual.
[17/2017]
(4) The notice required by subsection (3) must be —(a)
affixed to a conspicuous part of such buildings comprised within the Town of the Town Council concerned as will secure adequate publicity for the contents of the notice; and
(b)
published in the Gazette, and at an online location accessible to residents of housing estates within that Town.[17A
[17/2017]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
