Land Acquisition (Temporary Provisions) Ordinance

Bill No. 212/1963

Read the first time on 24th July 1963.

An Ordinance to provide for the stabilisation of the value of land to be acquired for public purposes.

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title and duration

1.—(1) This Ordinance may be cited as the Land Acquisition (Temporary Provisions) Ordinance, 1963.

(2) This Ordinance shall continue in force for a period of five years from the date of the coming into operation thereof:

Provided that —

(a)	the Yang di-Pertuan Negara may from time to time by notification in the Gazette extend such period for such other period or periods of not more than twelve months at any time as he may think fit; and
(b)	the expiry of this Ordinance shall not affect the operation thereof as respects things previously done or omitted to be done.

Interpretation

2. In this Ordinance the expressions “person interested” and “Collector” shall have the same meaning as in the Land Acquisition Ordinance (Cap. 248).

Matters to be considered in determining compensation

3.—(1) Notwithstanding the provisions of the Land Acquisition Ordinance and subject to the provisions of subsection (2) of this section, in the case of any acquisition of land when in respect of such land a notification made under subsection (1) of section 3 or a declaration made under subsection (1) of section 5 of the Land Acquisition Ordinance has been published in the Gazette on or after the coming into operation of this Ordinance, the Court, in determining the amount of compensation to be awarded, shall take into consideration the following matters and no others, namely: —

(a)

the market value of such land and any building thereon as on 1st January, 1961, having regard to the state and condition in which they existed at the date of the publication of the notification under subsection (1) of section 3 of the Land Acquisition Ordinance or in the absence of such notification, the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance (Cap. 248):

Provided that no regard shall be taken of any improvements to such land or buildings which may have been made between 1st January, 1961, and the date of the publication of the notification under subsection (1) of section 3 of the Land Acquisition Ordinance or in the absence of such notification, the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance unless such improvements had been made bona fide by the person interested or his predecessors in interest:

And provided also that such market value shall be deemed not to exceed —

(i)	any value in respect of such land and any buildings thereon stated in any affidavit, return or other document required to be made or delivered to any public officer under the provisions of any written law and accepted by him at such value for the purposes of assessing the tax or duty payable thereon where such statement has been made between the date of the coming into operation of this Ordinance and the date of the publication of the notification under subsection (1) of section 3 of the Land Acquisition Ordinance or in the absence of such notification, the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance (Cap. 248);
(ii)	where no such statement as is specified in paragraph (i) of this proviso has been made between the dates specified therein, the consideration or purchase price of any such land and any buildings thereon on its last sale or transfer subsequent to the coming into operation of this Ordinance;
(iii)	where any such statement as is specified in paragraph (i) of this proviso was made between the 3rd day of June 1959, and the coming into operation of this Ordinance, an aggregate amount of the value in respect of such land and any buildings thereon as stated therein and accepted by a public officer between such dates under the provisions of any written law, and the percentage by which the value of comparable land has appreciated between the 3rd day of June 1959, and the 1st day of January 1961;

(b)

any increase in the value of any other land of the person interested likely to accrue from the use to which the land acquired will be put;

(c)

the damage, if any, sustained by the person interested by reason of the Collector’s taking possession of the land and of the severance of such land from his other land;

(d)

the damage, if any, sustained by the person interested by reason of the Collector’s taking possession of the land and of the acquisition injuriously affecting his other property, whether movable or immovable, in any other manner or his actual earnings; and

(e)

if, in consequence of the acquisition, he is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.

(2) Notwithstanding the provisions of the Land Acquisition Ordinance (Cap. 248), in the case of any acquisition of leasehold land, the amount of compensation awarded under this Ordinance shall in no case exceed the market value of the leasehold interest at the date of the publication of the notification under subsection (1) of section 3 of the Land Acquisition Ordinance, or in the absence of such notification, the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance.

Acquisition of land affected or devastated by fire

4.—(1) Notwithstanding the provisions of the Land Acquisition Ordinance and the provisions of section 3 of this Ordinance, in the case of an acquisition for a public purpose of any land devastated or affected directly by fire, explosion, thunderbolt, earthquake, storm, tempest, flood or any act of God, or of any land immediately adjoining such devastated or affected land as shall be required for such public purpose, the Court shall not take into consideration the matters set out in the Land Acquisition Ordinance (Cap. 248) and section 3 of this Ordinance but shall instead consider the market value of such land on the 1st day of January, 1961, having due regard to the fact that at the material time the land could not have been conveyed with vacant possession as it was subject to encumbrances, tenancies or occupation by squatters, but without taking into account the value of any buildings or structures, permanent or otherwise on such land at the material time:

Provided that such acquisition shall not affect the rights or liabilities of any owner, lessee, tenant or occupier of such buildings or structures in respect of any contract of insurance entered into by such owner, lessee, tenant or occupier:

And provided further that the market value of such land shall not exceed one-third of the value of such land had it been vacant land not subject to any such encumbrances, tenancies or occupation by squatters unless the Minister shall in his discretion by notification in the Gazette specify otherwise.

(2) Any person interested and to whom compensation is to be paid or has been paid in accordance with the provisions of subsection (1) of this section may apply to the Minister for compensation in excess of the amount provided by subsection (1) of this section, and the Minister may in his discretion order the payment of such compensation as he may decide:

Provided that the amount of compensation payable in accordance with the order of the Minister shall in no case exceed the amount payable under section 3 of this Ordinance.

Search within Legislation