Controlled Premises (Special Provisions) Act |
(CHAPTER 60) |
(Original Enactment: Act 10 of 1969)
REVISED EDITION 1995 |
(15th March 1995) |
An Act to provide for the recovery of possession of premises for development purposes where the premises are subject to control under the Control of Rent Act (Chapter 58), for the establishment of a Board to hear applications for recovery of possession of those premises and to assess the amount of compensation to be paid to tenants, sub-tenants and occupiers on account of the recovery of possession and for purposes connected therewith. |
[27th February 1970] |
Short title |
1. This Act may be cited as the Controlled Premises (Special Provisions) Act. |
Interpretation |
2. In this Act, unless the context otherwise requires —
|
Minister may declare any area to be a designated development area |
Recovery of possession of controlled premises for the purpose of development |
4.—(1) Notwithstanding the provisions of any written law but subject to the provisions of this Act, a landlord of any controlled premises may, upon payment of the prescribed fee, apply in writing to the Board for the recovery of the possession thereof if —
|
Compulsory acquisition of land where landlord fails to develop without reasonable cause |
5.—(1) Where a landlord who has recovered possession of controlled premises pursuant to an order under section 4 fails or neglects without reasonable cause (the burden of proof whereof shall lie upon the landlord) —
|
Constitution, procedure and functions of Board |
6.—(1) For the purposes of this Act, there shall be constituted a Board called the Tenants’ Compensation Board consisting of —
[17/90]
|
Oath and affirmation |
7.—(1) The Chairman or a Deputy Chairman shall take in the presence of the Chief Justice the oath or affirmation in the form set out in the rules made under section 23. [14/72; 17/90]
|
Assessment of compensation to tenants |
8.—(1) Where the Board has made an order under section 4(3) in favour of a landlord of controlled premises, the following provisions with regard to quantum of compensation to be awarded by the Board to any tenant and sub-tenant shall apply:
|
Landlord may make compensation agreement with tenant, sub-tenant and occupier |
9.—(1) Nothing in this Act shall preclude a landlord who has been granted an order to recover possession of controlled premises under this Act from making an agreement with a tenant, sub-tenant and occupier (if any) as to the quantum of compensation to be paid.
|
Circumstances where landlord not liable to pay compensation |
10.—(1) Notwithstanding anything to the contrary in this Act, a tenant or sub-tenant of the whole or part of the controlled premises in respect of which an order has been made by the Board under section 4 shall not be entitled to compensation, or any apportionment thereof, if —
|
Power of Board to award compensation to occupiers |
11.—(1) Notwithstanding anything in this Act or any written law or rule of law, but subject to this section and section 10, the Board may, in its discretion, award compensation to a person who is neither a tenant nor a sub-tenant if that person (referred to in this Act as the occupier) —
|
Landlord may make ex gratia payments to persons using or occupying controlled premises who do not pay rent |
12.—(1) Nothing in this Act shall preclude a landlord from making an ex gratia payment to any person (other than a tenant or sub-tenant) using or occupying any part of the controlled premises and not paying to the landlord any rent for that use or occupation under a tenancy, who is bound to vacate that part of the controlled premises consequent upon an order of the Board made in the landlord’s favour under section 4.
|
Order of Board to have effect to grant full and exclusive possession to landlord |
13. Every order of the Board made in a landlord’s favour enabling him to recover possession of controlled premises under this Act shall, subject to this Act, be effective to grant to the landlord full and exclusive possession of those controlled premises. |
Effect of order as against persons using or occupying controlled premises who do not pay rent |
14.—(1) Where, pursuant to an order of the Board made under this Act, a landlord recovers, and enters into, possession of controlled premises, that order shall, notwithstanding anything in any written law, be enforceable against any person using or occupying the controlled premises who does not pay rent to, and has no tenancy with, the landlord in respect of that use or occupation.
|
Powers of Board to examine on oath, etc. |
15. The Board shall have powers to examine any witness on oath, to summon any person to appear before it and to require any interested party or witness to produce any relevant document which the Board may require. |
Review of orders of Board |
16.—(1) An order or award of compensation of the Board may be reviewed, varied or set aside by the Board in the following circumstances:
|
Power of Board to state special case for decision of High Court |
17.—(1) The Board may at any stage of any application or proceedings before it, either on its own motion or on the written application of any party to the proceedings, reserve for the consideration of the High Court any question of law arising in the application or proceedings, in the form of a special case which shall —
|
High Court may call for proceedings of Board |
18.—(1) The High Court, either on its own motion or on the application within 14 days of any party aggrieved by a decision of the Board on the ground that it is wrong in law, may call for the proceedings and the grounds of the order and give such order thereon, either by directing a fresh hearing or otherwise, as seems necessary to secure that substantial justice is done.
|
Duty of Board to advise tenants, sub-tenants and occupiers of landlord’s application |
19.—(1) Upon an application being made by a landlord to recover possession of controlled premises under section 4(1) and before any order is made in the landlord’s favour under section 4(3), the Board shall cause a notice in the Malay, Chinese, Tamil and English languages to be exhibited in the controlled premises in question.
|
Orders and awards of Board to be binding and final |
20.—(1) Any order of the Board made under section 4 shall be binding on any landlord, tenant and sub-tenant and any person using or occupying the controlled premises who does not pay rent to the landlord and has no tenancy with the landlord.
|
Compensation Awards Register to be kept by Board |
21.—(1) The Board shall cause to be kept a register called the “Compensation Awards Register” and shall record in that register details of every award of compensation made under this Act including such details as the names of the landlord, tenant, sub-tenant and occupier, the address of the controlled premises, the amount of compensation awarded to the tenant, sub-tenant and occupier and the date of the award. [14/72]
|
Proof of order of Board |
22. Any order of the Board may be proved in any court by the production of a copy thereof duly signed by the Chairman or a Deputy Chairman. [17/90] |
Rules |
23.—(1) The Minister may make rules generally for carrying out the provisions of this Act and for the guidance of officers in all matters connected with this Act.
|
Fees and charges to be paid into Consolidated Fund |
24. Subject to any agreement made between the Minister and the Urban Redevelopment Authority and to any direction of the Minster, all fees and charges collected under the provisions of this Act or any rules made thereunder shall be paid into the Consolidated Fund. |