Government Proceedings Act

• Jurisdiction: Singapore
• Coming into Force: 30 March 1987
• copyrightNote: © Singapore legislation sourced from Singapore Statutes Online. It is subject to copyright of the Singapore Government and is reproduced with the permission of the Attorney-General’s Chambers of Singapore.
• Enactment Date: 25 February 1965
• Published date: 30 March 1987
• Record Number: Cap. 121
• Act Number: (Original Enactment: M Ordinance 58 of 1956)

Government Proceedings Act

(CHAPTER 121)

(Original Enactment: M Ordinance 58 of 1956)

REVISED EDITION 1985

(30th March 1987)

An Act to make provision for proceedings by and against the Government.

[25th February 1965]

PART I PRELIMINARY Short title 1. This Act may be cited as the Government Proceedings Act. Interpretation 2.—(1) Any reference in this Act to the provisions of this Act shall, unless the context otherwise requires, include a reference to Rules of Court made for the purposes of this Act. (2) In this Act, except in so far as the context otherwise requires or it is otherwise expressly provided — “civil proceedings” means proceedings of whatever kind of a civil nature before a court and includes proceedings for judicial review and recovery of fines and penalties and an application at any stage of a proceeding; [7/97 wef 01/10/1997] “law officer” means the Attorney-General, a Deputy Attorney‑General and the Solicitor-General; [Act 41 of 2014 wef 01/01/2015] “legal officer” includes a law officer and a legally qualified member of the Attorney-General’s Chambers; “officer”, in relation to the Government, includes a person in the permanent or temporary employment of the Government and accordingly (but without prejudice to the generality of the foregoing) includes a Minister of the Government; “order” includes a judgment, decree, rule, award or declaration; “prescribed” means prescribed by or under Rules of Court made for the purposes of this Act; “proceedings against the Government” includes a claim by way of set-off or counterclaim in proceedings by the Government; “State Court” means a District Court and any Magistrate Court. [Act 5 of 2014 wef 07/03/2014] (3) Any reference in Part IV or V to civil proceedings by or against the Government, or to civil proceedings to which the Government is a party, shall be construed as including a reference to civil proceedings to which any officer of the Government as such is a party: Provided that the Government shall not for the purposes of Parts IV and V be deemed to be a party to any proceedings by reason only that they are brought by the Attorney-General upon the relation of some other person.

PART II SUBSTANTIVE LAW 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. 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. 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. (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. Public nuisances 8.—(1) In the case of a public nuisance the Attorney-General, or two 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. 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 two 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 plaintiff or defendant, whether by himself or by relation of parties, shall be brought and had in the name of the Attorney-General as plaintiff 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. 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. Sureties to be sued as principals 11. All ...