7. The principal Act is hereby amended by inserting immediately after section 35 thereof the following new sections: —| “Application of sections 37 to 47 |
| 36. The provisions of sections 37 to 47 of this Act shall apply only to flats, houses or buildings which are used or intended to be used solely for the purpose of human habitation. |
| Restrictions on registration of assurance, lease, mortgage, transfer or charge |
37.—(1) The Registrar of Deeds and the Registrar of Titles shall not register any assurance, lease, mortgage, transfer or charge relating to any flat, house or building which has been bought or sold, leased, mortgaged or disposed of by a person in contravention of the provisions of section 38 or subsection (1) of section 39 of this Act.| (2) A certificate of the Corporation that any flat, house or building has been purchased, sold, leased, mortgaged, transferred or charged in accordance with the provisions of this Act shall be conclusive evidence of that fact. |
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| Conditions relating to sale, lease, mortgage or transfer of or charge on flat, house or building |
38.—(1) No flat, house or building which has been sold by the Corporation under the provisions of this Act shall be sold, leased, mortgaged, transferred or charged without the written consent of the Corporation.| (2) An assignment or a lease, mortgage or transfer of or a charge on a flat, house or building that is executed by or on behalf of the owner thereof without the written consent of the Corporation shall be void and shall be incapable of being registered under the provisions of the Registration of Deeds Act (Cap. 281) or the Land Titles Act (Cap. 276). |
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| Restriction relating to purchase of flat, house or building |
39.—(1) No person shall be entitled to purchase any flat, house or building sold by the Corporation under the provisions of this Act if such person or his spouse is the owner of any other flat, house or building sold by the Corporation or otherwise.| (2) If a person purchases a flat, house or building sold by the Corporation under the provisions of this Act when such person or his spouse is the owner of any other flat, house or building sold by the Corporation or otherwise, such person shall not present for registration under the provisions of the Registration of Deeds Act or the Land Titles Act the assurance of the flat, house or building so purchased by him. |
| (3) The Corporation shall, within three months of the date of the discovery of such purchase, serve a written notice upon the purchaser of the flat, house or building of its intention to lodge with the Registrar of Deeds or the Registrar of Titles, as the case may be, an instrument under the provisions of subsection (5) of this section. |
| (4) If a person purchases a flat, house or building sold by the Corporation under the provisions of this Act when such person or his spouse is the owner of any other flat, house or building sold by the Corporation or otherwise, the Corporation may lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, for the vesting in the Corporation of the title to or the estate or interest in the flat, house or building. |
| (5) The Registrar of Deeds or the Registrar of Titles shall register any instrument, lodged under the provisions of subsection (4) of this section, without being concerned to inquire into its regularity or validity, and upon its registration the title to or the estate or interest in the flat, house or building shall vest in the Corporation without further assurance free from all encumbrances (subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Corporation) for such title, estate or interest as the Corporation would have had on the date of the registration of the instrument, if there had been no sale of the flat, house or building. |
(6) Upon the registration of such an instrument —| (a) | in the case of a flat, house or building registered under the provisions of the Registration of Deeds Act (Cap. 281), the Registrar of Deeds shall make an entry in the books of the registry that the flat, house or building has vested in the Corporation in accordance with the provisions of subsection (5) of this section, and upon that entry being made, the flat, house or building shall vest in the Corporation free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Corporation; or | | (b) | in the case of a flat, house or building, registered under the provisions of the Land Titles Act (Cap. 276), the flat, house or building shall vest in the Corporation free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Corporation, and the Registrar of Titles shall cancel the registration of any lease, mortgage or charge thereby overreached. |
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| Penalty for unlawful purchase of flat, house or building |
| 40. Any person who acts in contravention of the provisions of subsection (1) or (2) of section 39 of this Act shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine. |
| Conditions in respect of a flat, house or building |
41.—(1) No lien by deposit of the title deeds, as security for a debt, of any flat, house or building that has been sold by the Corporation under the provisions of this Act shall be capable of being created in favour of any person and no caveat in support of any such lien by deposit shall be capable of being registered under the provisions of the Registration of Deeds Act (Cap. 281) or the Land Titles Act (Cap. 276).| (2) No such flat, house or building shall vest in the Official Assignee on the bankruptcy of the owner thereof. |
| (3) No such flat, house or building shall be attached in execution of a decree of a court. |
| (4) Every trust or alleged trust, whether the trust is express, implied or constructive, which purports to be created in respect of such flat, house or building by the owner thereof shall be null and void and shall be incapable of being enforced by a court. |
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| Transfer of a flat, house or building on the death of the owner |
42.—(1) The transmission, on the death of the owner, whether testate or intestate, of a flat, house or building that has been sold under the provisions of this Act shall not be registered under the provisions of the Registration of Deeds Act or the Land Titles Act without the written consent of the Corporation.| (2) Where the Corporation refuses to give its consent, the Corporation shall make a written offer to purchase the flat, house or building at a price to be determined by the Corporation. |
| (3) Any person who is dissatisfied with the price, determined by the Corporation under the provisions of subsection (2) of this section, may, within fourteen days of the date of the written offer, appeal to the Minister whose decision thereon shall be final. |
(4) The Corporation shall —| (a) | where there is an appeal under the provisions of subsection (3) of this section, within four weeks of the determination of the appeal by the Minister; or | | (b) | in any other case, within six weeks of the written offer, |
| purchase the flat, house or building at the price determined by the Corporation or the Minister on appeal, as the case may be. |
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| Establishment of management corporations |
43.—(1) The owners of flats in any building or buildings of the Corporation shall, as soon as possible after they are directed by the Corporation in writing, establish a body corporate under the name of “The Management Corporation for flat numbers … of the Jurong Town Corporation building situate in Lot number … in Town SubDivision or Mukim …”.| (2) The Corporation shall not, without consulting all the owners of the flats in any building or buildings, make any direction, under the provisions of subsection (1) of this section, upon owners of the flats. |
| (3) Where a direction of the Corporation under the provisions of subsection (1) of this section is not carried out, the Corporation may, by notification in the Gazette, authorise a company, incorporated under the provisions of any written law for the time being in force relating to companies, to exercise the functions, duties and powers of a management corporation. |
| (4) The Corporation may, by notification in the Gazette, revoke any authorisation granted to a company, under the provisions of subsection (3) of this section, without assigning any reason therefor. |
| (5) A management corporation, referred to in subsection (1) of this section, shall be constituted by order made by the Corporation, which shall be published in the Gazette. |
(6) Upon the constitution of a management corporation under subsection (5) of this section and so long as one exists in relation to one or more buildings the owners of flats in the building or buildings shall be —| (a) | members of the management corporation; and | | (b) | entitled to such voting rights as may be prescribed. |
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| (7) A management corporation, constituted under the provisions of subsection (5) of this section, shall have perpetual succession and may sue and be sued in its name and do all other matters and things incidental or appertaining to a body corporate and not inconsistent with the provisions of this Act. |
| (8) The management corporation shall establish and maintain a fund for administrative purposes sufficient in the opinion of the corporation for the control, management and administration of the common property of the building or buildings in relation to which the management corporation exists, for the payment of any rent, rates and premiums of insurance in respect of the common property and the discharge of any other obligations of the corporation. |
(9) For the purposes of establishing and maintaining a fund in accordance with the provisions of subsection (8) of this section the management corporation may —| (a) | determine from time to time and the amounts to be raised for the purposes referred to in subsection (8) of this section; | | (b) | raise amounts so determined by levying contributions on the owners of flats in the building or buildings referred to in subsection (8) of this section in such proportions as may be prescribed; and | | (c) | recover from any of the owners by an action in a court of competent jurisdiction any sum of money expended by the management corporation for rents, rates, premiums, maintenance, conservancy or for repairs to or done by it at its direction to his flat. |
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(10) Subject to the provisions of subsection (12) of this section, any contribution levied under the provisions of subsection (9) of this section shall be due and be payable —| (a) | on the passing of a resolution to that effect by the management corporation and in accordance with the terms of that resolution; or | | (b) | if the Corporation or a company, as the case may be, is performing the functions of a management corporation and has been vested with its powers, under the provisions of section 44 of this Act, on the service of a written notice and in accordance with the terms of that notice, |
| and may be recovered by the management corporation or the Corporation or company, as the case may be, in an action in a court of competent jurisdiction from the owner of a flat in a building referred to in subsection (8) of this section at the time when the resolution or notice, as the case may be, was passed or served and from the owner of the flat at the time when the action is instituted jointly or severally. |
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| (11) A certificate of the Corporation shall be conclusive evidence of the amount that may be due to the Corporation under the provisions of subsection (10) of this section. |
(12) A management corporation shall, on the application of an owner of a flat in a building in relation to which the management corporation exists under the provisions of this Act or a person authorised in writing by him, certify —| (a) | the amount determined as the contribution of the owner; | | (b) | the manner in which that contribution is payable; | | (c) | the extent to which his contribution has been paid by the owner; and | | (d) | the amount of any rates paid by the management corporation and not recovered by it, |
| and in favour of any person dealing with that owner such a certificate shall be conclusive evidence of the matters certified therein. |
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| (13) A management corporation, constituted under the provisions of subsection (5) of this section, shall not be wound up except by an order made by the Corporation cancelling the order by which it was constituted. |
| (14) An order made under subsection (13) of this section shall be published in the Gazette and shall provide for the winding up of the management corporation and for its dissolution. |
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| Corporation or company may exercise the powers of management corporation |
44. The functions and duties of a management corporation constituted under the provisions of section 43 of this Act may be performed and its powers shall be vested in and may be exercised by —| (a) | the Corporation —| (i) | where a management corporation has not been constituted under the provisions of subsection (5) of section 43 of this Act; or | | (ii) | where a management corporation, which had been constituted under the provisions of subsection (5) of section 43 of this Act, has been wound up by an order made under the provisions of subsection (13) of that section; or |
| | (b) | a company authorised by the Corporation under the provisions of subsection (3) of section 43 of this Act. |
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| Determination of the lease of a flat, house or building |
45. The Corporation may, where a flat, house or building has been sold by the Corporation under the provisions of this Act —| (a) | if any rent reserved by the lease or part thereof is unpaid for three calendar months after becoming payable and the Corporation has sent a demand in writing by registered post addressed to the owner of the flat, house or building (whether the demand has been received by the owner or not); | | (b) | if any condition on the part of the owner is not performed or observed within two weeks after notice in writing has been sent by the Corporation to the owner addressed to the owner at the flat, house or building drawing the attention of the owner to the non-performance or non-observance of the condition (whether the demand has been received by the owner or not); | | (c) | if the owner has submitted a false statement in his application form for the purchase of the flat, house or building; | | (d) | if the owner has, in the opinion of the Corporation, committed a breach of any of the rules made under the provisions of paragraph (f) of subsection (1) of section 46 of this Act; or | | (e) | if the owner has, in the opinion of the Corporation, used the flat, house or building otherwise than for a purpose allowed by the lease, |
| in every such case re-enter upon the flat, house or building or a part thereof in the name of the whole and thereupon the lease shall determine; but such determination shall be without prejudice to any right of action or remedy of the Corporation in respect of any such breach or any other breach of the conditions contained in the lease. |
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46.—(1) The Corporation may, with the approval of the Minister, make rules for giving effect to the provisions of sections 37 to 45 of this Act and, without prejudice to the generality of the foregoing, for or with respect to all or any of the following matters: —| (a) | the terms and conditions for the sale of a flat, house or building under the provisions of this Act; | | (b) | the persons to whom the flat, house or building may be sold, including the qualifications as to income, number in the family and citizenship of such persons; | | (c) | a scheme of savings by a prospective purchaser of the flat, house or building with the Corporation for the first minimum payment therefor; | | (d) | the minimum first payment for the purchase of the flat, house or building and the maximum period that may be allowed for the payment of the balance of the purchase price thereof, together with the prescribed interest; | | (e) | the functions, duties and powers of a management corporation constituted under the provisions of section 43 of this Act; and | | (f) | regulating the use of flats, houses or buildings that have been sold under the provisions of this Act, and the common property thereof. |
| (2) All such rules shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication. |
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| 47. The Minister may, by notification in the Gazette, exempt any person or class of persons or any flat, house or building or flats, houses or buildings described therein from any of the provisions of sections 37 to 46 of this Act.”. |
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