PART 2 | Right of Government to sue |
| 3. Subject to the provisions of this Act and of any written law, where the Government has a claim against any person which would, if such claim had arisen between private persons, afford ground for civil proceedings, the claim may be enforced by proceedings taken by or on behalf of the Government for that purpose in accordance with the provisions of this Act. |
| Claims enforceable by proceedings against Government |
4. Subject to the provisions of this Act and of any written law, any claim against the Government which —| (a) | is founded on the use or occupation or the right to the use or occupation of State land; | | (b) | arises out of the revenue laws; | | (c) | arises out of any contract made by the authority of the Government which would, if such claim had arisen between private persons, afford ground for civil proceedings; or | | (d) | is a claim (other than a claim in tort) for damages or compensation not included in paragraphs (a), (b) and (c) which might lawfully be enforced by civil proceedings as between private persons, |
| shall be enforceable by proceedings against the Government for that purpose in accordance with the provisions of this Act. |
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| Liability of Government in tort |
| 5. Subject to the provisions of this Act, the Government shall be liable for any wrongful act done or any neglect or default committed by any public officer in the same manner and to the same extent as that in which a principal, being a private person, is liable for any wrongful act done, or any neglect or default committed by his agent, and for the purposes of this section and without prejudice to the generality thereof, any public officer acting or purporting in good faith to be acting in pursuance of a duty imposed by law shall be deemed to be the agent of and to be acting under the instructions of the Government. |
| Limits of liability of Government |
6.—(1) No proceedings shall lie against the Government by virtue of section 5 in respect of any act, neglect or default of any public officer, unless proceedings for damages in respect of such act, neglect or default would have lain against such officer personally.| (2) Any written law which negatives or limits the amount of the liability of any public officer in respect of any act, neglect or default committed by that officer shall, in the case of proceedings against the Government under section 5 in respect of such act, neglect or default of such officer, apply in relation to the Government as it would have applied in relation to such officer if the proceedings against the Government had been proceedings against such officer. |
| (3) No proceedings shall lie against the Government by virtue of section 5 in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him, or any responsibilities which he has in connection with the execution of judicial process. |
| (4) No proceedings shall lie against the Government by virtue of section 5 in respect of any act, neglect or default of any public officer, unless that officer was at the material time employed by the Government and paid in respect of his duties as an officer of the Government wholly out of the revenues of the Government, or any fund certified by the Minister responsible for finance for the purposes of this subsection or was at the material time holding an office in respect of which the Minister responsible for finance certifies that the holder thereof would normally be so paid. |
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| Savings of acts done in exercise of public duties |
7.—(1) Notwithstanding any other provisions of this Act to the contrary, no proceedings, other than proceedings for breach of contract, shall lie against the Government on account of anything done or omitted to be done or refused to be done by the Government or any public officer in exercise of the public duties of the Government.(2) For the purposes of subsection (1), “exercise of the public duties” includes —| (a) | the construction, maintenance, diversion and abandonment of railways, roads or bridges; | | (b) | the construction, maintenance and abandonment of schools, hospitals or other public buildings; | | (c) | the construction, maintenance and abandonment of drainage, flood prevention and reclamation works; and | | (d) | the maintenance, diversion and abandonment of the channels of rivers and waterways. |
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| (3) Nothing in this section shall prevent the bringing of any suit for damages or compensation arising out of negligence or trespass in the execution of any works of construction or maintenance undertaken by the Government in the exercise of the said public duties. |
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8.—(1) In the case of a public nuisance the Attorney‑General, or 2 or more persons having obtained the consent in writing of the Attorney‑General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the case.| (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions. |
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| Public, religious, social or charitable trusts |
9.—(1) In the case of any alleged breach of any express or constructive trust for public, religious, social or charitable purposes, or where the direction of the court is deemed necessary for the administration of any such trust, the Attorney‑General or 2 or more persons having an interest in the trust and having obtained the consent in writing of the Attorney‑General, may institute a suit or be joined as a party in any existing suit on behalf of the Government or the public for the purpose of —| (a) | asserting any interest or right in the trust property; | | (b) | removing any trustee; | | (c) | appointing a new trustee; | | (d) | vesting any property in a trustee; | | (e) | directing accounts and inquiries; | | (f) | declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust; | | (g) | authorising the whole or any part of the trust property to be let, sold, mortgaged, charged or exchanged; | | (h) | settling a scheme; and | | (i) | obtaining such further or other relief as the nature of the case may require. |
| (2) No suit claiming any of the reliefs specified in subsection (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with that subsection. |
| (3) Subject to subsections (1) and (2), all suits and proceedings in any court relating to any such trust as is therein referred to or otherwise in which the Government is interested, or in which the interests of the public are affected, or in which if brought in England the Attorney‑General of England would be, or would be made, a necessary party as claimant or defendant, whether by himself or by relation of parties, shall be brought and had in the name of the Attorney‑General as claimant or defendant; and the Attorney‑General shall have and exercise therein the same rights, duties and powers as the Attorney‑General of England would have and exercise in England in similar cases so far as the circumstances of Singapore admit. [Act 25 of 2021 wef 01/04/2022] |
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| Priority of Government debts |
10.—(1) All debts due and claims owing from time to time by any person to the Government, whether upon judgment, bond, or other specialty, or upon simple contract or otherwise, shall be entitled from the date of the accrual thereof, respectively, to a preference of payment over all debts or claims of every kind which shall, subsequent to such date, have been contracted or incurred by or become due from such person to any other person whomsoever.| (2) Nothing herein shall affect any right vested in any person by virtue of a mortgage or charge of immovable property duly registered in the manner provided by law for the registration of such mortgage or charge. |
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| Sureties to be sued as principals |
| 11. All sureties for persons owing money to the Government may be sued as principals; and if the liability is several as well as joint, they may be sued either severally or any 2 or more of them may be sued together; and either separately or together with the principal debtors, or with any one, 2 or more of the principal debtors. |
| Provisions as to industrial property |
12.—(1) Where, after 25 February 1965, any employee or agent of the Government infringes a patent, a registered trade mark or any copyright and the infringement is committed with the authority of the Government, civil proceedings in respect of the infringement shall, subject to the provisions of this Act, lie against the Government.| (2) Subject to this section, no proceedings shall lie against the Government by virtue of this Act in respect of the infringement of a patent, a registered trade mark or a copyright. |
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| Application of law as to indemnity, contribution and contributory negligence |
| 13. Where the Government is subject to any liability by virtue of this Part, any written law relating to indemnity, contribution and contributory negligence shall apply in favour of or against the Government in respect of the liability to which it is so subject as if the Government were a private person of full age and capacity. |
| Provisions relating to the armed forces |
14.—(1) Nothing done or omitted to be done by a member of the forces while on duty as such shall subject either him or the Government to liability in tort for causing the death of another person, or for causing personal injury to another person, insofar as the death or personal injury is due to anything suffered by that other person while he is a member of the forces if —| (a) | at the time when the thing is suffered by that other person, he is —| (i) | on duty as a member of the forces; or | | (ii) | though not on duty as a member of the forces —| (A) | on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the forces; or | | (B) | on any journey necessary to enable him to report for duty as such or to return home after such duty; and |
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| | (b) | the Minister responsible for finance certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to an award under any written law relating to the disablement or death of members of the force of which he is a member: |
Provided that this subsection shall not exempt a member of the forces from liability in tort in any case in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of the forces. |
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[45/96] (2) No proceedings in tort shall lie against the Government for death or personal injury due to anything suffered by a member of the forces if —| (a) | that thing is suffered by him in consequence of the nature or condition of any such land, premises, ship, aircraft or vehicle as aforesaid, or in consequence of the nature or condition of any equipment or supplies used for the purposes of the forces; and | | (b) | the Minister responsible for finance certifies as mentioned in subsection (1), |
| nor shall any act or omission of an officer of the Government subject him to liability in tort for death or personal injury, insofar as the death or personal injury is due to anything suffered by a member of the forces being a thing as to which the conditions aforesaid are satisfied. |
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(3) The Minister charged with the responsibility for defence or internal security, as the case may be, if satisfied that it is the fact —| (a) | that a person was or was not on any particular occasion on duty as a member of the forces; | | (b) | that a person was or was not on any particular occasion either on any journey necessary to enable him to report for duty as such or to return home after such duty; or | | (c) | that at any particular time any land, premises, ship, aircraft, vehicle, equipment or supplies was or was not, or were or were not, used for the purposes of the forces, |
| may issue a certificate certifying that to be the fact; and any such certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies. |
[45/96] |
| (4) No act or omission of a public officer shall subject him to liability in tort for death or personal injury, insofar as the death or personal injury is due to anything suffered by a member of the forces being a thing as to which the conditions mentioned in subsection (1) or (2) are satisfied. |
(5) In this section —| “armed forces” means the Singapore Armed Forces raised and maintained under the Singapore Armed Forces Act 1972; |
| “forces” includes the armed forces and the police force; and |
| “police force” means the Singapore Police Force established under the Police Force Act 2004 and includes any volunteer, auxiliary or special police force attached to, or coming under the jurisdiction of, the Police Force. |
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| Saving in respect of acts done under prerogative and statutory powers |
15.—(1) Nothing in this Part shall extinguish or abridge any powers or authorities which, if this Act had not been passed, would have been exercisable by virtue of the prerogative of the President or the Government, or any powers or authorities conferred on the President or the Government by any written law, and, in particular, nothing in this Part shall extinguish or abridge any such powers or authorities, whether in time of peace or of war, for the purpose of the defence of the nation or of training, or maintaining the efficiency of, the armed forces.| (2) Where in any proceedings under this Act it is material to determine whether anything was properly done or omitted to be done in the exercise of the prerogative of the President or the Government, the President may, if satisfied that the act or omission was necessary for any such purpose as is mentioned in subsection (1), issue a certificate to the effect that the act or omission was necessary for that purpose; and the certificate shall, in those proceedings, be conclusive as to the matter so certified. |
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