Prevention of Corruption Act 1960

• Jurisdiction: Singapore
• Coming into Force: 15 March 1993
• Act Number: (Original Enactment: Ordinance 39 of 1960)
• Enactment Date: 17 June 1960
• Record Number: Cap. 241
• Published date: 15 March 1993

Prevention of Corruption Act

(CHAPTER 241)

(Original Enactment: Ordinance 39 of 1960)

REVISED EDITION 1993

(15th March 1993)

An Act to provide for the more effectual prevention of corruption.

[17th June 1960]

PART I PRELIMINARY [29/2002 wef 30/01/2003] Short title 1. This Act may be cited as the Prevention of Corruption Act. Interpretation 2. In this Act, unless the context otherwise requires — “agent” means any person employed by or acting for another, and includes a trustee, administrator and executor, and a person serving the Government or under any corporation or public body, and for the purposes of section 8 includes a subcontractor and any person employed by or acting for such subcontractor; “CPIB officer” means a public officer in the Corrupt Practices Investigation Service (Junior) Scheme of Service or in the Corrupt Practices Investigation Service (Senior) Scheme of Service; [29/2002 wef 30/01/2003] “Director” means the Director of the Corrupt Practices Investigation Bureau appointed under section 3; “gratification” includes — (a) money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, employment or contract; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; (d) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (e) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a), (b), (c) and (d); “INVEST Fund” means the INVEST Fund established under Part III of the Home Affairs Uniformed Services Superannuation Act (Cap. 126B); [29/2002 wef 30/01/2003] “member” means a member of the Scheme established under this Act; [29/2002 wef 30/01/2003] “principal” includes an employer, a beneficiary under a trust, and a trust estate as though it were a person and any person beneficially interested in the estate of a deceased person and the estate of a deceased person as though the estate were a person, and in the case of a person serving the Government or a public body includes the Government or the public body, as the case may be; “public body” means any corporation, board, council, commissioners or other body which has power to act under and for the purposes of any written law relating to public health or to undertakings or public utility or otherwise to administer money levied or raised by rates or charges in pursuance of any written law; “Scheme” means the Occupational Superannuation Scheme established by regulations made under section 4A; [29/2002 wef 30/01/2003] “service” means regular service (whether part-time or full-time) as a CPIB officer; [29/2002 wef 30/01/2003] “special investigator” means a special investigator of the Corrupt Practices Investigation Bureau. [25/81]

PART II APPOINTMENT OF STAFF AND PERSONNEL MATTERS [29/2002 wef 30/01/2003] Appointment of Director and officers 3.—(1) The President may appoint an officer to be the Director of the Corrupt Practices Investigation Bureau: Provided that the President acting in his discretion may refuse to appoint or revoke the appointment of the Director if he does not concur with the advice or recommendation of the Cabinet or a Minister acting under the general authority of the Cabinet. (2) The President may appoint such number of deputy directors, assistant directors and special investigators of the Corrupt Practices Investigation Bureau as he may think fit. [Act 2 of 2012 wef 01/03/2012] (3) Any powers conferred on and duties to be performed by the Director under this Act may, subject to the orders and directions of the Director, be exercised or performed by a deputy director or an assistant director of the Corrupt Practices Investigation Bureau. [Act 2 of 2012 wef 01/03/2012] (4) A deputy director and an assistant director of the Corrupt Practices Investigation Bureau may exercise the powers conferred by this Act on a special investigator. [Act 2 of 2012 wef 01/03/2012] (5) The President may create such different grades for deputy directors, assistant directors and special investigators as he may think fit. [25/81] [11/91] [Act 2 of 2012 wef 01/03/2012] Director and officers deemed to be public servants 4.—(1) The Director, deputy directors, assistant directors and special investigators of the Corrupt Practices Investigation Bureau shall be deemed to be public servants within the meaning of the Penal Code. [Act 2 of 2012 wef 01/03/2012] (2) A warrant card shall be issued to every officer of the Corrupt Practices Investigation Bureau referred to in subsection (1) and shall be evidence of his appointment under this Act. [Act 2 of 2012 wef 01/03/2012] Establishment of Occupational Superannuation Scheme 4A.—(1) The Minister shall, by regulations, establish an Occupational Superannuation Scheme for the benefit of all CPIB officers appointed on or after 1st November 2001, who will be the members of the Scheme. [29/2002 wef 30/01/2003] (2) The regulations made under subsection (1) shall provide for the payment of — (a) any gratuity, allowance, superannuation or other like benefit to members of the Scheme, or to their legal personal representatives or dependants, on the death of the members in the service or on the resignation, retirement or discharge of the members from the service; (b) any pension, gratuity, allowance, compensation or other benefit in respect of the death of or injuries received by any member of the Scheme in and which are attributable to service; and (c) any allowance, subsidy or other benefit to such former members of the Scheme as may be prescribed after their retirement from the service. (3) The regulations made under subsection (1) may provide for — (a) the payment of contributions in respect of each member; (b) the age or ages at which a member may retire or be required to retire from the service; (c) the appointment of award officers to assess, award and pay pensions, gratuities and allowances and other like benefits under the Scheme and to otherwise administer the Scheme; and (d) the bringing of appeals against decisions of award officers and the appointment of one or more persons to hear such appeals and review the decisions of award officers. (4) In making regulations under subsection (1), the Minister shall also provide for — (a) every CPIB officer who is appointed before 1st November 2001 and who, immediately before that date, is eligible (whether on retirement or in respect of death or injury in or attributable to service) for any pension, gratuity or other allowance under the Pensions Act (Cap. 225); and (b) every CPIB officer who is appointed before 1st November 2001 to the service on a contract for a term and who, immediately before that date, is eligible for any gratuity or other like benefit under the contract, an option to join the Scheme as a member and for the terms and conditions of such an option. (5) The regulations made in relation to CPIB officers referred to in subsection (4) shall provide — (a) in the case of an officer referred to in subsection (4)(a), that any such officer who opts to join the Scheme shall cease to be eligible to benefits under the Pensions Act but shall remain eligible under the Scheme to benefits not less in value than the amount of any pension, gratuity or other allowance for which he would have been granted under the Pensions Act if he retired from the service, or was injured or died in service, on the date immediately before his joining the Scheme; and (b) in the case of an officer referred to in subsection (4)(b), that any such officer who opts to join the Scheme shall remain eligible to benefits not less in value than the amount of any gratuity or other like benefit for which he would have been granted under his contract if he had completed his term of service under the contract on the date immediately before his joining the Scheme. (6) Any option exercised by any CPIB officer before 1st November 2001 to join or not to join the Scheme shall be deemed to be exercised in accordance with the regulations made under subsection (1) in relation to CPIB officers referred to in subsection (4). [29/2002 wef 30/01/2003] Benefits not as of right, etc. 4B.—(1) No member shall have an absolute right to compensation for past services or to any pension, gratuity, allowance or other benefit under the Scheme. (2) Nothing in this Act shall limit the right of the Public Service Commission, or any of its delegates, to dismiss any CPIB officer who is a member from the service without compensation. (3) Subject to Article 113 of the Constitution, where it is established to the satisfaction of an award officer that a member has been guilty of negligence, irregularity or misconduct, it shall be lawful for the award officer to reduce or altogether withhold the pension, gratuity, allowance or other benefit for which the member would but for this section have become eligible under the Scheme. [29/2002 wef 30/01/2003] Non-assignability or attachment of benefits, etc. 4C.—(1) No payments, allowance or other benefit payable under the Scheme (whether on death, retirement or resignation of a member or otherwise), and no contribution by the Government made under the Scheme, and no interest thereon shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than — (a) a debt due to the Government; or (b) an order of court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child (whether legitimate or not) of the member to whom the payment, allowance or other benefit has been granted. (2) Subject to the provisions of any regulations made under ...