Housing and Development (Amendment) Bill

Bill No. 11/1975

Read the first time on 26th February 1975.

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, 1975 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Subsection (1) of section 2 of the Housing and Development Act (hereinafter in this Act referred to as “the principal Act”) is hereby amended —

(a)

by inserting immediately before the definition of “Board” appearing therein the following new definition: —

“ “authorised occupier” means a person who is named in an application made to the Board as the person who intends to reside in the flat, house or other living accommodation sold or to be sold by the Board under Part IV of this Act or any person who is authorised in writing by the Board to reside therein;”;

(b)

by inserting immediately after the definition of “flat” appearing therein the following new definition: —

“ “lease” includes an agreement for a lease;”; and

(c)

by inserting immediately after the definition of “Municipal Provident Fund” appearing therein the following new definition: —

“ “owner”, in relation to any property sold by the Board, includes a person who has purchased a leasehold interest in the property and also includes a purchaser under an agreement for a lease;”.

Amendment of section 4

3. Section 4 of the principal Act is hereby amended by deleting subsections (2) and (3) thereof and substituting therefor the following: —

“(2) Except as provided in subsection (3) of this section, all deeds, documents and other instruments requiring the seal of the Board shall be sealed with the seal of the Board in the presence of the Chairman, or the Deputy Chairman, or a member of the Board, and an officer of the Board authorised by the Board in that behalf, who shall sign every such deed, document or other instrument to which the seal is affixed, and such signing shall be sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board.

(3) All deeds, documents and other instruments which relate to the sale, lease, assignment, mortgage or assurance whatsoever of any premises sold under the provisions of this Act may be sealed with the seal of the Board in the presence of any officer of the Board duly authorised by the Board to act in that behalf who shall sign every such deed, document or other instrument to which the seal is affixed, and such signing shall be sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board.

(4) No officer of the Board shall be authorised for the purposes of subsection (3) of this section unless he is a qualified person within the meaning of section 2 of the Legal Profession Act (Cap. 217).

(5) The provisions of section 12 of the Registration of Deeds Act (Cap. 281) shall not apply to any instrument purporting to have been executed under the provisions of subsection (2) or (3) of this section.”.

New section 27A

4. The principal Act is hereby amended by inserting immediately after section 27 thereof the following new section: —

“Appointment of committees and delegation of powers

27A.—(1) The Board may, in its discretion, appoint from among its own members or other persons who are not members such number of committees consisting of members or other persons, or members and other persons, for purposes which, in the opinion of the Board, would be better regulated and managed by means of such committees.

(2) The Board may, subject to such conditions or restrictions as it may impose, delegate to any such committee or the Chairman or the Chief Executive Officer one or more of the functions, duties and powers by this Act vested in the Board, except the power to borrow money; and any function, duty or power so delegated may be exercised or performed by such committee or the Chairman or the Chief Executive Officer, as the case may be, in the name and on behalf of the Board.

(3) The Board may, subject to such conditions or restrictions as it may impose, delegate to an employee thereof one or more of the Board’s functions, duties and powers by this Act vested in the Board, except the power to borrow money or to raise or grant loans or advances to or subscribe to stocks, shares, bonds or debentures of a company or corporation, and a function, duty or power so delegated may be exercised or performed by such employee in the name and on behalf of the Board.

(4) The Board may exercise any power conferred or perform any function or duty imposed upon it under this Act, notwithstanding the delegation of such function, duty or power under the provisions of this section.”.

Amendment of section 41

5. Section 41 of the principal Act is hereby amended —

(a)

by deleting subsections (1), (2) and (3) thereof and substituting therefor the following: —

“(1) No person shall be entitled to purchase any flat, house or other living accommodation sold subject to the provisions of this Part if such person, his spouse or any authorised occupier —

(a)	is the owner of any other flat, house, building or land or has an estate or interest therein; or
(b)	has, at any time within thirty months immediately prior to the date of making an application to the Board to purchase the same, sold any flat, house, building or land of which he was the owner, or divested himself of any interest therein.

(2) Where a person purchases a flat, house or other living accommodation in contravention of the provisions of subsection (1) of this section, he shall not present for registration under the provisions of the Registration of Deeds Act (Cap. 281) or the Land Titles Act (Cap. 276) the assurance of the flat, house or other living accommodation. The Board shall on discovery of such a purchase —

(a)	serve a written notice upon the purchaser of the flat, house or other living accommodation 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 (3) of this section for the vesting in the Board of the title to or the estate or interest in that flat, house or other living accommodation; or
(b)	where no lease has been registered in favour of the purchaser, serve a written notice of the Board’s intention to terminate the agreement for a lease and to re-enter upon the flat, house or other living accommodation or part thereof in the name of the whole and thereupon any interest of the purchaser shall absolutely determine.

The purchaser may within fourteen days after the service of the notice appeal to the Minister whose decision thereon shall be final and shall not be called into question in any court.

(3) Where an appeal has been made to the Minister pursuant to subsection (2) of this section, the Board shall not proceed to vest the title to or the estate or interest in the flat, house or other living accommodation in itself, or to re-possess the flat, house or other living accommodation, until the appeal has been disposed of.”; and

(b)

by deleting subsection (6) thereof and substituting therefor the following: —

“(6) The Board may in its discretion forfeit any monies paid or deposited in respect of the purchase of any flat, house or other living accommodation from the Board if the Board discovers that the person who has purchased or seeks to purchase the flat, house or other living accommodation in contravention of the provisions of subsection (1) of this section.

(7) The Board may in its discretion exempt any person or class of persons from the provisions of this section.”.

Repeal and re-enactment of section 42

6. Section 42 of the principal Act is hereby repealed and the following substituted therefor: —

“Special provisions

42. For the purposes of the registration of any assurance pertaining to a flat, house or other building sold by the Board —

(a)	in the case of land registered under the provisions of the Registration of Deeds Act, the provisions of section 12 of this Act shall not apply; and
(b)	in the case of land registered under the provisions of the Land Titles Act, where a solicitor is not employed by the party acquiring or divesting title under any instrument relating to the transactions referred to in this section, a certificate of an officer authorised in writing in that behalf by the Board shall be sufficient for the purposes of subsection (4) of section 50 of that Act.”.

Amendment of section 43

7. Section 43 of the principal Act is hereby amended by inserting immediately after subsection (2) thereof the following new subsection: —

“(3) Any assignment, mortgage, transfer, charge or lease by an owner of a flat, house or other building sold subject to the provisions of this Part which would not be void but for the provisions of this section, shall be deemed to be valid for the purposes of any legal proceedings instituted by the Board under sections 48, 48A and 48F of this Act.”.

Repeal and re-enactment of section 45

8. Section 45 of the principal Act is hereby repealed and the following substituted therefor: —

“Transfer of a flat, house or other building on the death of the owner

45.—(1) The transmission on the death of the owner, whether testate or intestate, or any transfer by the personal representatives of a deceased owner of a flat, house or other building that has been sold subject to the provisions of this Part shall not be registered under the provisions of the Registration of Deeds Act (Cap. 281) or the Land Titles Act (Cap. 276) without the written consent of the Board:

Provided that where the Board refuses to give its consent, the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or other building vested in the Board.

(2) Where no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or other building within twelve months from the death of the owner, or where representation has been taken out but the personal representatives do not apply for the Board’s written consent for the transmission or transfer of the flat, house or other building within six months from the date of representation, the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or other building vested in the Board.

(3) Where on the death of the owner of a flat, house or other building that has been sold subject to the provisions of this Part the lease in favour of the owner has not been registered under the provisions of the Registration of Deeds Act or the Land Titles Act, or where no representation has been taken out under a will or on the intestacy of a deceased owner of such flat, house or other building within twelve months from the death of the owner, the Board may rescind the agreement for the lease of such flat, house or other building.

(4) Where the Board decides to lodge an instrument under subsection (1) or (2) of this section to have the flat, house or other building vested in itself or to rescind an agreement for a lease under subsection (3) of this section, the Board shall —

(a)	serve a written notice on the personal representatives of the deceased owner of, and on all persons known or believed to have an interest or estate in, the flat, house or other building; and
(b)	in the case where no representation is taken out, serve a notice on the flat, house or other building and on all persons known or believed to have an interest or estate in the flat, house or other building,

of its intention to lodge with the Registrar of Deeds or the Registrar of Titles, as the case may be, an instrument of vesting under the provisions of subsection (1) or (2) of this section or of its decision to rescind the agreement for a lease and of the compensation to be paid therefor and the date on which the instrument will be lodged as aforesaid, or the date the rescission is to take effect, not being a date earlier than twenty-eight days after the date of the service of the notice.

(5) The personal representatives and any person who is interested in the estate of the deceased owner may within twenty-eight days after the date of the service of the notice appeal to the Minister whose decision thereon shall be final and shall not be called into question in any court.

(6) Where an appeal is made to the Minister pursuant to subsection (5) of this section the Board shall not proceed to lodge an instrument of vesting under subsection (1) or (2) of this section until the appeal is disposed of.

(7) The Registrar of Deeds or the Registrar of Titles shall register any instrument lodged under subsection (1) or (2) of this section without being concerned to inquire into its regularity or validity and —

(a)	in the case of a flat, house or other 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 other building has been vested in the Board and upon that entry being made; and
(b)	in the case of a flat, house or other building registered under the provisions of the Land Titles Act (Cap. 276), the Registrar of Titles shall register the instrument on the relevant folio of the land register without the necessity of the production of the duplicate certificate of title and upon registration thereof,

the title to and the estate or interest in the flat, house or other building shall vest in the Board free from all incumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Board, and the Registrar of Deeds, and the Registrar of Titles, as the case may be, shall cancel the registration of any mortgage, charge or lease thereby overreached.

(8) Where an appeal has been determined by the Minister or on the expiry of a period of twenty-eight days after the service of the notice referred to in subsection (4) of this section and the personal representatives do not consent to receive the compensation, or where representation has not been taken out under a will or intestacy of the deceased owner, or where there are conflicting claims to the compensation to be paid by the Board, the Board shall apply to the High Court ex parte by originating summons, supported by an affidavit, for an order to deposit the amount of the compensation in Court and, notwithstanding anything to the contrary in the rules of the Court for the time being in force, the Court may make such an order.

(9) The compensation to be paid by the Board for any flat, house or other building vested in the Board under this section shall be determined by the Board.”.

Amendment of section 48

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

(a)

by deleting paragraph (b) thereof and substituting therefor the following: —

“(b)

if the owner has committed any breach of a condition against assigning, under-letting or parting with possession of the flat, house or other building or any part thereof or has committed any other condition the breach of which is not capable of remedy and the Board has sent a notice in writing by registered post addressed to the owner or purchaser at the flat, house or other building (whether the notice has been received or not);

(c)

if any condition (being a condition the breach of which is capable of remedy) on the part of the owner is not performed or observed within two weeks after a notice in writing has been sent by the Board to the owner addressed to the owner at the flat, house or other 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);”; and

(b)

by re-lettering paragraphs (c), (d) and (e) thereof as paragraphs (d), (e) and (f) respectively.

New sections 48A, 48B, 48C, 48D, 48E and 48F

10. The principal Act is hereby amended by inserting immediately after section 48 thereof the following new sections: —

“Board may compulsorily acquire property sold subject to the provisions of this Part

48A.—(1) The Board may compulsorily acquire any flat, house or other living accommodation sold subject to the provisions of this Part, whether before or after the date of the commencement of the Housing and Development (Amendment) Act, 1975 —

(a)	if the owner thereof and his spouse, if any, has, in the opinion of the Board, ceased to occupy the same; or
(b)	if the owner thereof or his spouse has at any time, whether before or after the date of the commencement of the Housing and Development (Amendment) Act, 1975, acquired whether by operation of law or otherwise any title to or an estate or interest in any other flat, house or building or land; or
(c)	if the owner thereof has, in the opinion of the Board, used the flat, house or other living accommodation otherwise than for the purpose permitted by the lease; or
(d)	if the owner thereof has permitted any person other than an authorised occupier to reside or stay in the flat, house or other living accommodation; or
(e)	if the owner thereof has failed to perform or observe any condition contained in the lease to be performed or observed on the part of the owner after a notice in writing has been sent by the Board drawing his attention to the non-performance or non-observance of the condition in the lease 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; or
(f)	if the owner thereof has made a misleading or false statement in his application to the Board for the purchase of the same; or
(g)	if the owner thereof has made a misrepresentation of a material fact, whether innocently or otherwise, in his application to the Board for the purchase of the same; or
(h)	if the owner thereof assigns, underlets or parts with the possession of the same or any part thereof without obtaining the prior written consent of the Board as required by the lease; or
(i)	if, in the opinion of the Board, the flat, house or other living accommodation is not being occupied by such minimum number of persons as the Board may require; or
(j)	if the owner thereof has at any time, whether before or after the date of commencement of the Housing and Development (Amendment) Act, 1975, ceased to be a citizen of Singapore; or
(k)	if the rent or any payments or any part thereof due to the Board reserved under the lease or mortgage remains unpaid for three calendar months after they are due and payable and the Board has sent a notice of demand in writing to the owner thereof.

(2) Where the Board intends to exercise its powers of compulsory acquisition conferred by this section, the Board shall serve a notice in writing on the owner of the flat, house or other living accommodation and all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the flat, house or other living accommodation (hereinafter in this Act referred to as “an interested person”) stating the Board’s intention to acquire the premises and the compensation to be paid therefor.

(3) An owner or interested person who objects to a proposed acquisition by the Board may within twenty-eight days after the service of a notice referred to in subsection (2) of this section submit in writing to the Board precisely the grounds upon which the objects to the acquisition and the compensation offered by the Board.

(4) The Board shall consider the objection and may either disallow it or allow it either wholly or in part, and shall serve the owner or interested person by post or otherwise with a written notice of its decision.

(5) Any owner or interested person aggrieved by the decision of the Board may, within twenty-eight days after the date of service of such decision, appeal to the Minister in the prescribed manner whose decision thereon shall be final.

(6) This section shall not limit or affect the powers conferred upon the Board by any other provision of this Act or under any other written law to exercise its right of forfeiture and right of re-entry for a breach of the conditions of a lease.

(7) The compensation to be paid by the Board for any flat, house or other living accommodation compulsorily acquired by the Board under this section shall be determined by the Board.

Vesting of acquired property in the Board

48B.—(1) When the Board has made a decision pursuant to section 48A of this Act to compulsorily acquire a flat, house or other living accommodation, the Board may —

(a)

lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, for the vesting in the Board of the title to or the estate or interest in that flat, house or other living accommodation —

(i)	in the case where no objection has been made pursuant to section 48C of this Act, on the expiry of a period of twenty-eight days after the date of service of the notice referred to in subsection (4) of section 48A; and
(ii)	in the case where an appeal has been made to the Minister, at any time after the appeal has been determined by the Minister or when the appeal is withdrawn, as the case may be; and

(b)

in the case where no lease has been registered in favour of the owner, serve a written notice to terminate the agreement for a lease and to repossess the flat, house or other living accommodation or part thereof in the name of the whole and thereupon any interest of the purchaser shall absolutely determine.

(2) The Registrar of Deeds or the Registrar of Titles shall register any instrument lodged under subsection (1) of this section without being concerned to inquire into its regularity or validity and —

(a)	in the case of a flat, house or other living accommodation 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 other living accommodation has been vested in the Board and upon that entry being made; or
(b)	in the case of a flat, house or other living accommodation registered under the provisions of the Land Titles Act (Cap. 276), the Registrar of Titles shall register the instrument on the relevant folio of the land register without the necessity of the production of the duplicate certificate of title and upon registration thereof,

the title to and the estate or interest in the flat, house or other living accommodation shall vest in the Board free from all incumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles, as the case may be, shall cancel the registration of any mortgage, charge or lease thereby overreached.

Payment of compensation

48C.—(1) The Board shall pay the compensation determined by the Board or varied by the Minister on an appeal to an owner or to both an owner and an interested person in such proportion as the Board may decide or as may be varied by the Minister and in the case where any party refuses to accept it or where there is a dispute between the parties to the proportion they are entitled to the compensation to be paid the Board shall apply to the High Court ex parte by summons supported by an affidavit for an order to deposit the amount of the compensation or any part thereof in Court and, notwithstanding anything to the contrary in the Rules of the Supreme Court for the time being in force the High Court may make such an order.

(2) The Board may withold any compensation payable in respect of any flat, house or other living accommodation vested in the Board under this Act to any person until the Board has taken possession of that flat, house or other living accommodation.

Taking possession

48D. Where any flat, house or other living accommodation has been vested in the Board pursuant to section 41, 45 or 48B, the Board may proceed to take possession of that flat, house or other living accommodation on the expiry of a period of thirty days after the service of a notice on the owner thereof and if any of the officers of the Board is opposed or impeded in taking possession under this section of any flat, house or other living accommodation, the Board may take such measures (including the calling for the assistance of the police) as are necessary to have the occupants evicted from and to enforce the surrender of the same and to remove all things and other movable property found therein.

Giving false information

48E. Any person who makes any statement in his application to the Board for the purchase of a flat, house or other living accommodation 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 five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

Unauthorised subletting

48F.—(1) Any person who being the lessee of a flat, house or other living accommodation sold by the Board subject to the provisions of this Part assigns, underlets or parts with the possession of the said flat, house or other living accommodation or any part thereof without obtaining the prior consent of the Board as required by the lease shall be gulity of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(2) Any person who abets the commission of an offence under this section shall be punished with the punishment provided for the offence.”.

Amendment of section 49

11. Subsection (1) of section 49 of the principal Act is hereby amended —

(a)

by deleting paragraph (b) thereof and substituting therefor the following: —

“(b)	the person to whom it may be sold and the persons who are allowed to stay in the flat, house or other building, including the qualifications as to income, the minimum number in the family, citizenship of and ownership of any other properties by all or any such persons;”; and

(b)

by inserting immediately after the word “use” appearing in the first line of paragraph (f) thereof the expression “, management and control”.

Repeal and re-enactment of sections 55 to 58

12. Sections 55 to 58 of the principal Act are hereby repealed and the following substituted therefor: —

“Accounts

55.—(1) The Board shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Board and over the expenditure incurred by the Board.

(2) The accounts of the Board shall be kept by a Financial Officer who shall be appointed by and be responsible to the Board.

(3) The accounts of the Board shall be made up yearly to the 31st day of March.

(4) The accounts of the Board shall be audited by the Auditor-General or by an auditor appointed annually by the Minister in consultation with the Auditor-General (hereinafter in this Act referred to as “the Auditor”).

(5) The remuneration of the Auditor shall be paid out of the funds of the Board.

(6) The Board shall, as soon as practicable after the close of a financial year, prepare and submit the financial statements in respect of that year to the Auditor who shall audit and report on them.

(7) The Auditor shall report —

(a)	whether the financial statements show fairly the financial transactions and the state of affairs of the Board; and
(b)	on such other matters arising from the audit as he considers should be reported.

(8) The Auditor shall state in his report whether or not —

(a)	proper accounting and other records have been kept;
(b)	the receipt, expenditure, and investment of moneys and the acquisition and disposal of assets by the Board during the year have been in accordance with the provisions of this Act.

(9) The Auditor may at any other time report to the Minister through the Board upon any matter arising out of the performance of his audit.

Powers of the Auditor

56.—(1) The Auditor or any person authorised by him is entitled at all reasonable times to full and free access to all accounting and other records relating directly or indirectly to the financial transactions of the Board.

(2) The Auditor or a person authorised by him may make copies of, or make extracts from, any such accounting and other records.

(3) The Auditor or any person authorised by him may require any person to furnish him with such information which such person possesses or has access as the Auditor or any duly authorised person considers necessary for the purposes of the functions of the Auditor under this Act.

(4) Any officer of the Board who refuses or fails without any reasonable cause to allow the Auditor access to any accounting and other records of the Board in his custody or power or to give any information possessed by him as and when required or who otherwise hinders, obstructs or delays the Auditor in the performance of his duties or the exercise of his powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars and in the case where the offence is continued after conviction to a fine not exceeding one hundred dollars for every day or part of a day during which the offence continues.

Presentation of financial statements and audit reports

57.—(1) As soon as the accounts of the Board and the financial statements have been audited in accordance with the provisions of this Act, a copy of the audited financial statements signed by the Chairman and the Financial Officer, together with a copy of any report made by the Auditor, shall be submitted to the Minister.

(2) Where the Auditor-General has not been appointed to be the Auditor a copy of the audited financial statements and any report made by the Auditor shall be forwarded to the Auditor-General at the same time they are submitted to the Board.

(3) The Minister shall cause a copy of the audited financial statements and of the Auditor’s report to be published in the Gazette and to be presented to Parliament.

Annual report

58. The Board shall, as soon as practicable after the close of each financial year, submit to the Minister an annual report of the activities of the Board during that year, and the Minister shall cause a copy of every such annual report to be presented to Parliament.”.

Amendment of section 63

13. Section 63 of the principal Act is hereby amended by deleting the word “one” appearing in the fifth line thereof and substituting therefor the word “five”.

Amendment of section 64

14. Section 64 of the principal Act is hereby amended by inserting immediately after the word “Act” appearing in the first line thereof the words “or any rules made thereunder”.

New sections 65, 66 and 67

15. The principal Act is hereby amended by inserting immediately after section 64 thereof the following new sections: —

“Sanction for prosecution

65. No court shall take cognizance of any offence under this Act or any rules or regulations made thereunder except with the sanction of the Public Prosecutor.

Conduct of prosecutions

66. Proceedings in respect of any offence under this Act or any rules or regulations made thereunder may be conducted by any officer of the Board or any other person authorised in writing in that behalf by the Chairman.

Service of notices

67. Unless otherwise expressly provided, every notice, order or document required or authorised by this Act or any rules or regulations made thereunder to be served on the owner of a flat, house or building sold under the provisions of this Act shall be deemed to be sufficiently served —

(a)	if the same is delivered to such person or is delivered at the flat, house or building to some adult member or servant of his family; or
(b)	if it is sent to the person by registered post at his flat, house or building.”.

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