Housing and Development (Amendment) Act 1986

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 22]

Friday, September 5

[1986

The following Act was passed by Parliament on 31st July 1986 and assented to by the President on 25th August 1986:—

Housing And Development (Amendment) Act 1986

(No. 21 of 1986)

I assent.

WEE KIM WEE

President.

25th August 1986.

Date of Commencement: 5th September 1986

An Act to amend the Housing and Development Act (Chapter 271 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Housing and Development (Amendment) Act 1986 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2(1) of the Housing and Development Act (referred to in this Act as the principal Act) is amended by inserting, immediately after the word “therein” at the end of the definition of “authorised occupier”, the words “except that where such a person has entered, stayed or remained in Singapore in contravention of any provision of any written law relating to immigration, he shall be deemed not to be an authorised occupier from the date of contravention”.

New section 13A

3. The principal Act is amended by inserting, immediately after section 13, the following section:

“Power to vary rate of interest payable under mortgage

13A.—(1) Where loans are provided by the Board for the purchase of any property upon a mortgage of that property to the Board, whether such mortgage was entered into before or after the commencement of the Housing and Development (Amendment) Act 1986, the Board shall have the power, notwithstanding anything contained in the mortgage document, to vary the rate of interest payable under the mortgage upon giving the mortgagor one month’s notice of the Board’s intention to do so.

(2) Any notice under subsection (1) shall be in writing and shall be deemed to be sufficiently served on the mortgagor if sent by ordinary post to the mortgagor at the address of the mortgaged property and shall be deemed to be served on the mortgagor at the time when the letter would in the ordinary course of post be delivered.”.

Amendment of section 26

4. Section 26 of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:

“(1A) The rules made under subsection (1) —

(a)	may prescribe that any act or omission in contravention of the provisions of any regulation shall be an offence and may provide that the penalty for such an offence shall be a fine not exceeding $4,000; and
(b)	may prescribe the penalty (such penalty, if unpaid, to constitute a debt due to the Board and be recoverable as such) to be paid by the Board’s tenant or licensee or an owner of any flat, house or other living accommodation sold by the Board for late payment of any rent, licence fees or maintenance fees.”.

Repeal and re-enactment of section 29

5. Section 29 of the principal Act is repealed and the following section substituted therefor:

“Power to fix and vary the rent, licence fees and maintenance fees

29.—(1) The Board may from time to time with the approval of the Minister fix the amount of —

(a)	rent and licence fees payable in respect of any property provided under this Act which is subject to a tenancy or licence agreement; and
(b)	maintenance fees payable in respect of any property provided under this Act.

(2) Notwithstanding anything contained in any tenancy or licence agreement or sale and purchase agreement in respect of any property provided under this Act, the Board shall have the power to vary, with the approval of the Minister, the rent, licence fees or maintenance fees fixed under subsection (1).

(3) Any variation in the rent, licence fees or maintenance fees made pursuant to subsection (2) shall be published in the Gazette and shall take effect on such date as may be specified therein.”.

Amendment of section 30A

6. Section 30A of the principal Act is amended by deleting subsection (6) and substituting the following subsections:

“(6) Any flat, house or other living accommodation which has been built on any land vested in the Board under subsection (1)(b) and which has been sold by the Jurong Town Corporation under Part IV of the Jurong Town Corporation Act (Cap. 209) shall be deemed to be a flat, house or other living accommodation sold by the Board under Part IV of this Act.

(7) In all applications made to and registered with the Jurong Town Corporation prior to the appointed day for the purchase of such flat, house or other living accommodation as is referred to in subsection (6), any reference to the Jurong Town Corporation shall be read as if it were a reference to the Board.”.

Amendment of section 41

7. Section 41 of the principal Act is amended by inserting, immediately after subsection (8), the following subsection:

“(9) Without prejudice to any other rights, contractual or otherwise, which the Board may exercise, the Board may cancel an application to the Board, whether registered before or after the commencement of the Housing and Development (Amendment) Act 1986, for the purchase of a flat, house or other living accommodation where —

(a)	the applicant has made any misrepresentation of a material fact or false statement in a material particular, whether innocently or otherwise, in relation to his application;
(b)	the applicant, his spouse or any person above the age of 14 years listed in his application as intending to reside in the premises applied for has been convicted of an offence under section 304A, 336, 337 or 338 of the Penal Code (Cap. 103) in connection with the throwing of any matter or thing from any property belonging to, sold by or leased from the Board;
(c)	the applicant has paid in full or partially the purchase price or any loan for the purchase of the flat, house or other living accommodation with any cash grant made by the Government to the owner and paid into the owner’s account with the Central Provident Fund pursuant to section 11B of the Central Provident Fund Act (Cap. 121) and the applicant fails or refuses to return the money to the Government when he is required to do so under the terms of the grant; or
(d)	the applicant, his spouse or any person listed in his application as intending to reside in the premises applied for has been convicted of an offence under any written law relating to immigration for giving food or shelter to any person who has entered, remained or stayed in Singapore in contravention of any written law relating to immigration or for assisting such person in any way to evade apprehension.”.

New section 41A

8. The principal Act is amended by inserting, immediately after section 41, the following section:

“Power to vary terms and conditions

41A.—(1) The Board shall have power to vary the terms and conditions of any application made by an applicant and registered with the Board, whether before or after the commencement of the Housing and Development (Amendment) Act 1986, for the sale and purchase of any flat, house or other living accommodation sold subject to the provisions of this Part.

(2) Where an applicant refuses or fails to accept the terms and conditions as varied by the Board pursuant to subsection (1), the Board may cancel his application and refund the deposit and administrative fees paid by the applicant; and no proceedings shall be instituted in any court by the applicant against the Board to recover any loss suffered, directly or indirectly, by the applicant arising out of or caused by the cancellation of his application.”.

Amendment of section 48A

9. Section 48A of the principal Act is amended —

(a)

by deleting the words “and the Board is of the opinion that he is likely to continue to do the same if he should continue to own the flat, house or other living accommodation” in subsection (1)(e);

(b)

by deleting paragraph (g) of subsection (1) and substituting the following paragraph:

“(g)	if the owner thereof has made a misrepresentation of a material fact, whether innocently or otherwise, to the Board relating to the purchase of the flat, house or other living accommodation;”;

(c)

by inserting, immediately after the word “persons” in subsection (1)(i), the words “or by such persons”;

(d)

by deleting the word “or” at the end of subsection (1)(j);

(e)

by deleting the full-stop at the end of subsection (1)(k) and substituting a semicolon, and by inserting immediately thereafter the following paragraphs:

“(l)	if the purchase price or any loan for the purchase of the flat, house or other living accommodation has been paid in full or partially with any cash grant made by the Government to the owner and paid into the owner’s account with the Central Provident Fund pursuant to section 11B of the Central Provident Fund Act (Cap. 121) and the owner refuses or fails to return the money to the Government when he is required to do so under the terms of the grant;
(m)	if the owner thereof, his spouse or any authorised occupier above the age of 14 years has on or after 1st March 1984 been convicted of an offence under section 304A, 336, 337 or 338 of the Penal Code (Cap. 103) in connection with the throwing of any matter or thing from any property belonging to, sold by or leased from the Board; or
(n)	if the owner thereof, his spouse or any authorised occupier has been convicted of an offence under any written law relating to immigration for giving food or shelter to any person who has entered, remained or stayed in Singapore in contravention of any written law relating to immigration or for assisting such person in any way to evade apprehension.”; and

(f)

by deleting subsection (5) and substituting the following subsection:

“(5) Any appeal by any owner or interested person aggrieved by the decision of the Board shall be made to the Minister within 28 days after the date of service of such decision on the owner or interested person and the decision of the Minister shall be final and not open to review or challenge on any ground whatsoever.”.

Repeal and re-enactment of section 48E

10. Section 48E of the principal Act is repealed and the following section substituted therefor:

“Giving false information

48E. Any person who, in relation to the purchase by such person of a flat, house or other living accommodation, makes any statement to the Board which is false, and which he either knows or believes to be false or does not believe to be true, 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.”.

New sections 48H and 48I

11. The principal Act is amended by inserting, immediately after section 48G, the following sections:

“Direction by Board to remove any article or object placed in a manner likely to cause damage to property, etc

48H.—(1) The Board may by notice in writing direct any owner, lessee or occupier of any flat, house or other living accommodation sold or leased under the provisions of this Act to remove any article or object placed by any window or on any balcony of or outside such premises in a manner which is likely to cause any damage to property or injury to life.

(2) Any person who fails to comply with the Board’s direction given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and in the case of a continuing offence to a further fine of $100 for every day during which the offence continues after conviction.

Notice to quit, etc., not waived by payment made to Board

48I. Where the Board has given notice to quit or notice of breach of condition, covenant or undertaking under a lease or licence agreement or any other agreement or notice of intention to compulsorily acquire, forfeit or re-enter any property provided under this Act, any money paid to the Board after such notice has been given shall not be construed as a waiver of such breach or intention to compulsorily acquire, to terminate a lease or licence agreement or to forfeit or re-enter.”.

Amendment of section 67

12. Section 67 of the principal Act is amended by deleting paragraph (b) and substituting the following paragraph:

“(b)	if it is sent to the person by registered post to his flat, house or building (whether or not it has been received by him); or”.

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