Controlled Premises (Special Provisions) (Amendment) Bill

Bill No. 19/1990

Read the first time on 18th July 1990.
An Act to amend the Controlled Premises (Special Provisions) Act (Chapter 60 of the 1985 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 Controlled Premises (Special Provisions) (Amendment) Act 1990 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 of the Controlled Premises (Special Provisions) Act (referred to in this Act as the principal Act) is amended —
(a)by inserting, immediately after the definition of “Chairman”, the following definition:
“ “Deputy Chairman” means a Deputy Chairman appointed under section 6(1);”; and
(b)by deleting the definition of “plan for development” and substituting the following definition:
“ “plan for development” means a plan for development approved by any person authorised by the Minister for the purpose and includes any subsequent modifications or alterations to a plan for development that may be approved by that person;”.
Repeal and re-enactment of section 6
3.  Section 6 of the principal Act is repealed and the following section substituted therefor:
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 —
(a)a Chairman;
(b)such number of Deputy Chairmen as the Minister may determine; and
(c)not less than 4 nor more than 15 other members as the Minister may determine,
all of whom shall be appointed by the Minister.
(2)  The names of the Chairman, Deputy Chairmen and every other member of the Board shall, upon their appointment, be published in the Gazette.
(3)  No person shall be appointed to be or to act as the Chairman or a Deputy Chairman unless he possesses the qualifications required of a District Judge by section 9(3) of the Subordinate Courts Act [Cap. 321].
(4)  All the powers and duties conferred and imposed on the Chairman may be exercised and performed by a Deputy Chairman.
(5)  The Chairman or, in his absence, a Deputy Chairman shall preside at all meetings of the Board.
(6)  Three members of the Board of whom at least one shall be either the Chairman or a Deputy Chairman shall form a quorum.
(7)  All questions arising at any meeting of the Board shall be decided by a majority of the votes of the members present and voting except that in the case of an equality of votes, the Chairman or the Deputy Chairman presiding at the meeting shall have a casting vote.
(8)  No person shall be eligible to be appointed, or to remain, a member of the Board —
(a)if he is an undischarged bankrupt;
(b)if he has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or
(c)if he is a person found or declared under any written law to be of unsound mind.
(9)  A member shall, unless his appointment is revoked by the Minister or unless he resigns during the period of appointment, hold office for a period of 3 years or such shorter period as the Minister may in any case determine and shall be eligible for reappointment.
(10)  The Minister may at any time revoke the appointment of a member of the Board.
(11)  Where a person ceases to be a member of the Board, the Minister shall as soon as is reasonably practicable take steps to fill the vacancy and every person so appointed shall hold office for the residue of the term for which his predecessor was appointed.
(12)  The Board may act notwithstanding any vacancy in its membership.
(13)  Every member of the Board shall be deemed to be a public servant for the purposes of the Penal Code [Cap. 224] and the proceedings of the Board shall be deemed to be judicial proceedings.
(14)  There shall be paid to the members of the Board such salaries, fees and allowances as the Minister may determine.
(15)  Any interested party may be represented before the Board —
(a)by an advocate and solicitor of the Supreme Court;
(b)subject to the provisions of the Legal Aid and Advice Act [Cap. 160], by the Director, a Deputy Director or an Assistant Director of Legal Aid; or
(c)in any particular case in which the Board may at the request of that party and for good reason permit, by an agent acting without fee, gain, reward, or any expectation thereof, as that party may appoint.
(16)  Every summons and notice issued under the hand of the Chairman or a Deputy Chairman shall be deemed to be issued by the Board.
(17)  The functions of the Board under this Act shall be —
(a)to hear and determine applications by landlords for the recovery of controlled premises;
(b)to award to tenants of controlled premises, possession of which is recovered by the landlord under this Act, such compensation under section 8;
(c)to determine and apportion compensation as between tenant and subtenant;
(d)to execute any order made in a landlord’s favour to recover possession of controlled premises; and
(e)to perform such other functions as may be assigned to it under the provisions of this Act.
(18)  The Minister may appoint a Secretary of the Board and such other officers and employees of the Board as may be necessary.”.
New section 24
4.  The principal Act is amended by inserting, immediately after section 23, the following section:
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 Minister, all fees and charges collected under the provisions of this Act or any rules made thereunder shall be paid into the Consolidated Fund.”.
Miscellaneous amendments
5.  The principal Act is amended by inserting, immediately after the word “Chairman” in sections 7(1), 17(1)(a) and (b), 17(2) and 22, in each case the words “or a Deputy Chairman”.