Part of a comprehensive analysis of the Professional Engineers Act 1991
All Parts in This Series
Appointment and Powers of Investigators under Section 54
Section 54(1) of the Professional Engineers Act 1991 empowers the Board to appoint investigators in writing, subject to any conditions and limitations, to investigate offences under the Act.
"The Board may, in writing, appoint ... an investigator, subject to any conditions and limitations ... to investigate the commission of an offence under this Act." — Section 54(1), Professional Engineers Act 1991
Verify Section 54 in source document →
This provision exists to ensure that the Board has the necessary authority to enforce compliance with the Act by conducting thorough investigations into suspected offences. The appointment of investigators formalises the investigative process and provides a legal basis for their actions.
Section 54(6) further stipulates penalties for obstructing investigators:
"Any person who — (a) intentionally offers any resistance to or wilfully delays an investigator ...; or (b) fails to comply with any requisition or order of an investigator ... shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both." — Section 54(6), Professional Engineers Act 1991
This penalty provision ensures that investigations are not hindered, maintaining the integrity and effectiveness of enforcement.
Application of Fees and Financial Management under Section 55
Section 55(1) mandates that all fees payable under the Act must be paid to the Board and applied first to defraying registration and administrative expenses, and thereafter to scholarships and the promotion of engineering education.
"All fees payable under this Act must be paid to the Board to be applied — (a) first, to defraying expenses of registration and other expenses of the administration of this Act ... (b) thereafter, to providing scholarships and the promotion of learning and education in connection with engineering." — Section 55(1), Professional Engineers Act 1991
Verify Section 55 in source document →
This provision ensures that fees collected serve both administrative functions and the advancement of the engineering profession through education and scholarships, promoting professional development.
Section 55(4) cross-references the Interpretation Act 1965 for investment powers:
"The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965." — Section 55(4), Professional Engineers Act 1991
Verify Section 55 in source document →
This allows the Board to manage its funds prudently, ensuring financial sustainability.
Payment of Financial Penalties into the Consolidated Fund under Section 56
Section 56 requires that all financial penalties collected by the Board under the Act be paid into the Consolidated Fund.
"All financial penalties collected by the Board under this Act must be paid into the Consolidated Fund." — Section 56, Professional Engineers Act 1991
Verify Section 56 in source document →
This provision ensures that penalties serve a public purpose rather than benefiting the Board directly, maintaining transparency and accountability in the handling of public funds.
Status of Board Members and Employees as Public Officers under Section 57
Section 57 declares that every member and employee of the Board is taken to be a public officer for the purposes of the Financial Procedure Act 1966.
"Every member and employee of the Board is ... taken to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies ..." — Section 57, Professional Engineers Act 1991
Verify Section 57 in source document →
This classification facilitates the enforcement of financial penalties and ensures that Board personnel are subject to the same standards and obligations as other public officers, promoting integrity in administration.
Penalties for Wilful Falsification and Wrongful Procurement under Section 58
Section 58 criminalises wilful falsification of the register and wrongful procurement of registration, prescribing penalties of a fine not exceeding $5,000, imprisonment for up to 6 months, or both.
"Any person who — (a) wilfully makes or causes to be made any false entry in or falsification of any register ... (b) wilfully procures or attempts to procure ... by making or producing ... any false or fraudulent representation ... shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both." — Section 58, Professional Engineers Act 1991
This provision protects the integrity of the professional register, ensuring that only qualified individuals are registered and that the public can rely on the accuracy of the register.
Liability of Corporations and Their Officers under Section 59
Section 59(2) holds that where a corporation commits an offence under the Act, any officer who consented or connived in the offence shall be guilty of the same offence and liable to the same punishment.
"Where a corporation commits an offence under this Act, a person ... who is ... an officer ... and who ... consented or connived ... shall be guilty of that same offence ... and shall be liable on conviction to be punished accordingly." — Section 59(2), Professional Engineers Act 1991
Verify Section 59 in source document →
This provision ensures accountability at the management level, preventing corporations from evading liability by attributing wrongdoing solely to the corporate entity.
Section 59(6) defines key terms:
"In this section — 'corporation' includes a limited liability partnership ...; 'officer', in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer ...; 'state of mind' of a person includes (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose." — Section 59(6), Professional Engineers Act 1991
These definitions clarify the scope of liability and the mental element required for offences, ensuring precise application of the law.
Liability of Unincorporated Associations or Partnerships and Their Officers under Section 60
Section 60(2) similarly holds officers of unincorporated associations or partnerships liable for offences committed by the entity if they consented or connived in the offence.
"Where an unincorporated association or a partnership commits an offence under this Act, a person ... who is ... an officer ... and who ... consented or connived ... shall be guilty of the same offence ... and shall be liable on conviction to be punished accordingly." — Section 60(2), Professional Engineers Act 1991
Verify Section 60 in source document →
This provision extends accountability to non-corporate entities, ensuring comprehensive enforcement across organisational forms.
Section 60(6) provides definitions:
"In this section — 'officer', in relation to an unincorporated association ... means the president, the secretary, or any member of the committee ...; 'partner' includes a person purporting to act as a partner; 'state of mind' of a person includes (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose." — Section 60(6), Professional Engineers Act 1991
These definitions ensure clarity in identifying responsible individuals within such entities.
Rule-Making Powers of the Board under Section 61
Section 61(1) authorises the Board, with Ministerial approval, to make rules for carrying out the purposes of the Act and for any matter required to be prescribed.
"The Board may, with the approval of the Minister, make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed." — Section 61(1), Professional Engineers Act 1991
Verify Section 61 in source document →
This provision empowers the Board to create detailed regulations necessary for effective administration and enforcement, allowing flexibility and responsiveness to evolving needs.
Ministerial Exemption Powers under Section 62
Section 62(1) grants the Minister the power to exempt any person or class of persons from all or any provisions of the Act, subject to conditions deemed fit.
"The Minister may, by order and subject to any conditions that the Minister thinks fit, exempt any person or class of persons from all or any of the provisions of this Act." — Section 62(1), Professional Engineers Act 1991
Verify Section 62 in source document →
This provision allows for administrative discretion to accommodate special circumstances or classes of persons, such as those regulated under other statutes.
The Schedule to the Act lists exempt classes, including certificated officers under the Merchant Shipping Act 1995 and licensed electrical workers under the Electricity Act 2001.
Protection from Actions Against the Board under Section 63
Section 63 protects the Board and its committees from legal actions unless it is proven that acts were done in bad faith or with malice.
"No action or proceedings shall lie against the Board ... unless it is proved ... that the act or thing was done in bad faith or with malice." — Section 63, Professional Engineers Act 1991
Verify Section 63 in source document →
This provision shields the Board from frivolous or vexatious litigation, enabling it to perform its functions without undue interference, while maintaining accountability for misconduct.
Cross-References to Other Legislation
The Act incorporates and interacts with other statutes to ensure comprehensive governance:
- Financial Procedure Act 1966: Section 57 applies this Act to Board members and employees as public officers for financial penalty enforcement.
- Interpretation Act 1965: Section 55(4) references section 33A for the Board’s investment powers.
- Penal Code 1871 and Evidence Act 1893: Sections 59(4) and 60(4) clarify that these provisions do not affect the application of Penal Code chapters on offences or Evidence Act rules on admissibility.
- Other Acts for Exempt Classes: The Schedule lists exemptions under the Merchant Shipping Act 1995, Workplace Safety and Health Act 2006, Electricity Act 2001, and Fire Safety Act 1993.
Summary of Penalties for Non-Compliance
The Act prescribes penalties to enforce compliance and uphold professional standards:
- Resisting or delaying investigators or failing to comply with their orders: fine up to $5,000, imprisonment up to 6 months, or both (Section 54(6)).
- Wilful falsification of the register or wrongful procurement of registration: fine up to $5,000, imprisonment up to 6 months, or both (Section 58).
- Officers of corporations or unincorporated associations who consent or connive in offences are liable to the same penalties as the entity (Sections 59(2), 60(2)).
Conclusion
The provisions analysed provide a robust framework for the regulation and enforcement of professional engineering standards in Singapore. They empower the Board with investigative and rule-making authority, ensure proper financial management, impose penalties to deter misconduct, and establish accountability for individuals and entities alike. Cross-references to other legislation and exemption powers allow for integration within the broader legal landscape, while protections for the Board safeguard its effective functioning.
Sections Covered in This Analysis
- Section 54 – Appointment and powers of investigators
- Section 55 – Application of fees and investment powers
- Section 56 – Payment of financial penalties
- Section 57 – Status of Board members and employees as public officers
- Section 58 – Penalties for falsification and wrongful procurement
- Section 59 – Liability of corporations and officers
- Section 60 – Liability of unincorporated associations or partnerships and officers
- Section 61 – Rule-making powers of the Board
- Section 62 – Ministerial exemption powers
- Section 63 – Protection from actions against the Board
- Schedule – Exempt classes of persons
Source Documents
For the authoritative text, consult SSO.