Housing and Development (Amendment) Ordinance

Bill No. 26/1964

Read the first time on 10th June 1964.

An Ordinance to amend the Housing and Development Ordinance, 1959 (No. 11 of 1959).

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 commencement

1. This Ordinance may be cited as the Housing and Development (Amendment) Ordinance, 1964, and shall be deemed to have come into operation on the 11th day of February 1964.

Amendment of section 2

2. Section 2 of the Housing and Development Ordinance, 1959 (hereinafter in this Ordinance referred to as the “principal Ordinance”), is hereby amended —

(a)

by deleting the definition of “building” appearing in subsection (1) thereof and substituting therefor the following: —

“ “building” includes any house, flat, hut, shed, roofed enclosure or other accommodation, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging gate, post, pillar, paling, frame hoarding, slip, dock, wharf, pier, jetty, landingstage or bridge, or any structure or foundation connected to the foregoing;”;

(b)

by inserting immediately after the definition of “Collector” appearing in subsection (1) thereof the following new definitions: —

“ “common property” means so much of the land and all parts of the building as are not comprised in the flats in a building;

“developed land” means any land of the Board upon which a building has been erected;

“flat” means a horizontal stratum of any building or part thereof, whether such stratum or part is on one or more levels or is partially or wholly below the surface of the ground;”;

(c)

by inserting immediately after subsection (1) thereof the following new section: —

“(2) References in this Ordinance to a flat, house or other living accommodation shall be construed to include references to the land appurtenant to such flat, house or other living accommodation.”; and

(d)

by renumbering the existing subsection (2) thereof as subsection (3).

New section 4A

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

“Rules as to the execution of documents

4A. The Board may, with the approval of the Minister, make rules in regard to the execution of instruments of any description, the issue of any document and the signing of cheques and as to the proof of documents purporting to be executed, issued or signed by the Board or a member or officer thereof.”.

Repeal and re-enactment of section 12 and new section 12A

4. Section 12 of the principal Ordinance is hereby repealed and the following substituted therefor: —

“Duties and functions of the Board

12. Subject as hereinafter provided, it shall be the function and duty of the Board —

(a)

to prepare and execute the proposals, plans and projects for —

(i)	the erection, conversion, improvement and extension of any building for sale, lease, rental or other purpose;
(ii)	the clearance and redevelopment of slum and urban areas;
(iii)	the development or redevelopment of areas designated by the Minister;
(iv)	the development of rural or agricultural areas for the resettlement of persons displaced by operations of the Board or other resettlement projects approved by the Minister;

(b)

to manage all lands, houses and buildings or other property vested in or belonging to the Board;

(c)

to carry out all investigations and the surveys necessary for the performance of the functions and duties of the Board;

(d)

to provide loans with the approval of the Minister, to enable persons to purchase any developed land or part thereof upon a mortgage of such developed land or part thereof at such interest as may be prescribed;

(e)

to do all such other matters and things as are necessary for the exercise or performance of all or any of the functions and duties of the Board.

Incorporated private companies may be formed

12A.—(1) The Board may, with the approval of the Minister, cause to be formed, under the provisions of the Companies Ordinance (Cap. 174) an incorporated private company or companies (hereinafter in this section referred to as the “Company”) limited by shares to be held by the Board and having as its or their object, any or all of the functions of the Board set out in section 12 of this Ordinance.

(2) Notwithstanding the provisions of the Companies Ordinance, there shall be registered with the memorandum of association of the Company articles of association prescribing regulations for the Company.

(3) Such articles of association of the Company shall contain, inter alia, such provisions relating to —

(a)	the capital and share structure of the Company;
(b)	the qualification, appointment, remuneration, powers and proceedings of Directors;
(c)	dividends and reserve funds; and
(d)	the winding up of the Company,

as may be directed by the Minister, and shall also provide that such employees of the Board as are transferred to the Company shall enjoy salaries and conditions of service as near as may be to those on which they were employed by the Board.”.

Amendment of section 17

5. Section 17 of the principal Ordinance is hereby amended —

(a)	by deleting the word “rules” appearing in the first and in the fifth lines thereof and substituting therefor the words “standing orders”; and
(b)	by deleting the word “rules” appearing in the second and in the fourth lines of the proviso thereto and substituting therefor the words “standing orders”.

Amendment of section 22

6. Section 22 of the principal Ordinance is hereby amended by deleting subsection (2) thereof and substituting therefor the following: —

“(2) The Board may, with the approval of the Minister (except in the case of leases from month to month), sell, surrender, lease or exchange any land or building belonging to the Board, either in block or parcels upon such terms and conditions as the Board may think fit.”.

Repeal and re-enactment of section 24 and new section 24A

7. Section 24 of the principal Ordinance is hereby repealed and the following substituted therefor: —

“Power to make rules

24.—(1) The Board may, with the approval of the Minister, make rules prescribing anything that is to be prescribed and generally for carrying out the provisions of this Ordinance.

(2) All rules made under the provisions of this Ordinance shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication.

Power to make standing orders

24A. The Board may, with the approval of the Minister, make standing orders providing for any matter in regard to which standing orders may be made under this Ordinance and in particular for the following: —

(a)	the method of entering into contracts by or on behalf of the Board;
(b)	the delegation of powers to officers of the Board;
(c)	the opening, keeping, closing and internal audit of accounts of the Board;
(d)	the conduct and discipline of officers of the Board;
(e)	loans and allowances or gratuities to officers of the Board;
(f)	housing accommodation for officers of the Board; and
(g)	the professional and technical training of officers of the Board.”.

New Part IIIA

8. The principal Ordinance is hereby amended by inserting immediately after section 36 thereof the following new Part: —

“PART IIIA

SALE OF FLATS, HOUSES OR OTHER LIVING ACCOMMODATION

Power to sell and restrictions as to registration

36A.—(1) The Board may, with the approval of the Minister, sell any developed land or part thereof.

(2) The Registrar of Deeds and the Registrar of Titles shall not, without the written consent of the Board, register any assurance relating to any developed land or part thereof which has been sold under the provisions of this Part of this Ordinance.

(3) The certificate of the Board that any developed land or part thereof has been sold under the provisions of this Part of this Ordinance shall be conclusive evidence of such fact.

Restrictions as to purchase

36B.—(1) No person shall be entitled to purchase more than one flat, house or other living accommodation sold under the provisions of this Part of this Ordinance.

(2) Where a person purchases a flat, house or other living accommodation in contravention of the provisions of subsection (1) of this section, such person shall not present for registration under the provisions of the Registration of Deeds Ordinance (Cap. 255) or the Land Titles Ordinance, 1956 (Ord. 21 of 1956), the assurance of such flat, house or other living accommodation. The Board shall serve a written notice, upon the purchaser of such flat, house or other living accommodation of its intention to lodge with the Registrar of Deeds or the Registrar of Titles an instrument under the provisions of subsection (3) of this section. Such purchaser may, within fourteen days of the service of such notice, appeal to the Minister whose decision shall be final and shall not be called in question in any court.

(3) The Board may, in any case, where a person has purchased a flat, house or other living accommodation in contravention of the provisions of subsection (1) of this section, and whose appeal to the Minister has been dismissed, 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 such flat, house or other living accommodation.

(4) The Registrar of Deeds or the Registrar of Titles shall —

(a)

not be concerned to inquire into the regularity or validity of any instrument, lodged under the provisions of subsection (3) of this section; and

(b)

register such instrument and upon such registration the title to or the estate or interest in such flat, house or other living accommodation shall vest in the Board free from all incumbrances without further assurance, for such title, estate or interest as the Board would have had on the date of the registration of such instrument, if there had been no sale of such flat, house or other living accommodation.

(5) Upon registration of such an instrument —

(a)

in the case of a flat, house or other living accommodation registered under the provisions of the Registration of Deeds Ordinance (Cap. 255), the Registrar of Deeds shall make an entry in the books of the Registry that the flat has vested in the Board, in accordance with the provisions of subsection (4) of this section, free from all incumbrances, and upon such entry being made the flat shall vest in the Board, subject to the provisions of subsection (4) of this section, free from all incumbrances; or

(b)

in the case of a flat, house or other living accommodation registered under the provisions of the Land Titles Ordinance, 1956 (Ord. 21 of 1956), the land shall vest in the Board, in accordance with the provisions of subsection (4) of this section, free from all incumbrances, and the Registrar of Titles shall cancel the registration of any mortgage, charge or lease thereby over-reached and shall, if so requested, cancel the folium of the land-register (and the duplicate folium thereof if produced for that purpose) and shall create a new folium for the title or estate or interest thereby acquired.

(6) Any person, who acts in contravention of the provisions of subsection (1) or (2) of this section, shall be guilty of an offence under this Ordinance, and shall be liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.

Special provisions

36C. For the purposes of the registration of any assurance pertaining to the sale by the Board of a flat, the mortgage of such flat in favour of the Board or the reconveyance or discharge of such mortgage —

(a)

in the case of land registered under the provisions of the Registration of Deeds Ordinance (Cap. 255), the provisions of section 12 of the said Ordinance shall not apply; and

(b)

in the case of land registered under the provisions of the Land Titles Ordinance, 1956 (Ord. 21 of 1956), where a solicitor is not employed by the party acquiring 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 (3) of section 44 of the Land Titles Ordinance, 1956.

Implied conditions as to flat, house or other living accommodation

36D.—(1) No flat, house or other living accommodation which has been sold by the Board under the provisions of this Part of this Ordinance, shall be sold, leased, mortgaged or disposed of without the prior written consent of the Board.

(2) Every assignment, mortgage, transfer, charge or lease of any such flat, house or other living accommodation which is executed by or on behalf of the owner thereof without the prior written consent of the Board shall be void and no such assignment, mortgage, lease, transfer or charge shall be capable of being registered under the provisions of the Registration of Deeds Ordinance (Cap. 255) or the Land Titles Ordinance, 1956 (Ord. 21 of 1956).

Implied conditions as to flats

36E.—(1) No lien by deposit of the title deeds of any flat, which has been sold by the Board under the provisions of this Part of this Ordinance, as security for a debt shall be capable of being created in favour of any person and no caveat in support of any such lien by deposit shall be capable of being registered under the provisions of the Registration of Deeds Ordinance or the Land Titles Ordinance, 1956.

(2) No such flat shall vest in the Official Assignee on the bankruptcy of the owner thereof.

(3) No such flat shall be attached in execution of a decree of any court.

(4) Every trust or alleged trust, whether such trust be express, implied or constructive, which purports to be created in respect of any such flat by the owner thereof shall be null and void and shall be incapable of being enforced by any court.

Transfer of a flat, house or other living accommodation on the death of the owner

36F.—(1) The transmission of a flat, house or other living accommodation, which has been sold under the provisions of this Part of this Ordinance, on the death of the owner, whether testate or intestate, shall not be registered, under the provisions of the Registration of Deeds Ordinance or the Land Titles Ordinance, 1956, without the written consent of the Board:

Provided that, where the Board refuses to give its consent, the Board shall make a written offer to purchase such flat, house or other living accommodation at a price to be determined by the Board.

(2) Any person who is dissatisfied with the price, determined by the Board, under the provisions of subsection (1) of this section, may within fourteen days of the date of the written offer appeal to the Minister whose decision shall be final.

(3) The Board shall —

(a)	where there is an appeal under the provisions of subsection (2) of this section, within four weeks of the determination of the appeal by the Minister; or
(b)	in any other case, within six weeks of the written offer,

purchase the flat, house or other living accommodation at the price determined by the Board or at the price determined by the Minister on appeal, as the case may be.

Establishment of management corporation

36G.—(1) The owners of flats of the Board in any building shall, as soon as possible after they are directed by the Board in writing, establish a body corporate under the name of “The Management Corporation for flat numbers in Lot Number ...... in Town Sub-Division (or Mukim) ...... of the building in the ...... of the Housing and Development Board.”.

(2) The Board shall not, without the prior approval in writing of the Minister and without consulting all the owners of the flats in any building, make any direction, under the provisions of subsection (1) of this section, upon owners of the flats of the Board in any building.

(3) Where a direction of the Board under the provisions of subsection (1) of this section is not carried out, the Board may, with the approval of the Minister, by notification in the Gazette, authorise a company, incorporated under the provisions of the Companies Ordinance (Cap. 174) or any written law repealing and re-enacting the provisions thereof, to exercise the functions, duties and powers of a management corporation.

(4) The Board may, in its absolute discretion, with the approval of the Minister, revoke any authorisation granted to a company, under the provisions of subsection (3) of this section, without assigning any reason therefor, by a notification in the Gazette.

(5) A management corporation shall be constituted by an order made by the Minister, which shall be published in the Gazette.

(6) Upon the constitution of a management corporation and so long as one exists in relation to a building every owner of a flat in such building shall be —

(a)	a member of the management corporation; and
(b)	entitled to such voting rights as may be prescribed.

(7) A management corporation, constituted under the provisions of subsection (5) of this section, shall have perpetual succession and may sue and be sued in its name and do all other matters and things incidental or appertaining to a body corporate and not inconsistent with the provisions of this Ordinance.

(8) A management corporation shall establish and maintain a fund for administrative purposes sufficient in the opinion of the corporation for the control, management and administration of the common property, for the payment of any rent, rates and premiums of insurance and the discharge of any other obligations of the corporation.

(9) For the purposes of establishing and maintaining a fund in accordance with the provisions of subsection (8) of this section the management corporation may —

(a)	determine from time to time the amounts to be raised for the purposes referred to in subsection (8) of this section;
(b)	raise amounts so determined by levying contributions on the owners in such proportions as may be prescribed;
(c)	recover from any owner by an action in any court of competent jurisdiction any sum of money expended by the management corporation for rents, rates, premiums, maintenance, conservancy or for repairs to or done by it at its direction to his flat.

(10) Subject to the provisions of subsection (12) of this section, any contribution levied under the provisions of subsection (9) of this section shall be due and be payable —

(a)	on the passing of a resolution to that effect and in accordance with the terms of that resolution; or
(b)	if the Board or a company, as the case may be, is performing the functions of a management corporation and has been vested with its powers, under the provisions of section 36H of this Ordinance, on the service of a written notice and in accordance with the terms of that notice,

and may be recovered by the management corporation or the company, as the case may be, in an action in any court of competent jurisdiction from the owner of the flat at the time when such resolution or notice, as the case may be, was passed or served and from the owner of the flat at the time when such action is instituted, both jointly and severally.

(11) A certificate of the Board shall be conclusive evidence of the amount that may be due to the Board under the provisions of subsection (10) of this section.

(12) A management corporation shall on the application of any owner of a flat or any person authorised in writing by him certify —

(a)	the amount determined as the contribution of the owner;
(b)	the manner in which such contribution is payable;
(c)	the extent to which such contribution has been paid by the owner; and
(d)	the amount of any rates paid by the management corporation and not recovered by it,

and in favour of any person dealing with that owner such certificate shall be conclusive evidence of the matters certified therein.

(13) A management corporation, constituted under the provisions of subsection (5) of this section shall not be wound up, except by an order made by the Minister cancelling the notification which constituted such management corporation. Such order shall be published in the Gazette and shall provide for the winding up of the management corporation and for its dissolution.

Board or company may exercise the powers of management corporation

36H. The functions and duties of a management corporation may be performed and its powers shall be vested and may be exercised by —

(a)

the Board —

(i)	where a management corporation has not been constituted under the provisions of subsection (5) of section 36G of this Ordinance; or
(ii)	where a management corporation, which has been constituted under the provisions of subsection (5) of section 36G of this Ordinance, has been wound up by an order under the provisions of subsection (13) of the said section; or

(b)

a company authorised by the Board under the provisions of subsection (3) of section 36G of this Ordinance.

Determination of the lease

36I.—(1) The Board may, where a flat has been sold by the Board under the provisions of this Ordinance —

(a)	if the rent reserved by the lease or any part thereof shall be unpaid for three calendar months after becoming payable and the Board shall have sent a demand in writing by registered post addressed to the purchaser at the flat (whether such demand shall have been received by the owner or not);
(b)	if any condition on the part of the owner shall not be performed or observed within two weeks after notice in writing shall have been sent by the Board to the purchaser addressed to the purchaser at the flat drawing the attention of the owner to the non-performance or non-observance of the condition (whether such demand shall have been received by the owner or not);
(c)	if the owner has submitted a false statement in his application form for the purchase of the flat;
(d)	if the owner has, in the opinion of the Board, committed a breach of any of the rules made under the provisions of paragraph (f) of subsection (1) of section 36J of this Ordinance;
(e)	if the owner has in the opinion of the Board, used the flat otherwise than for the purpose of his residence,

in every such case re-enter upon the flat or part thereof in the name of the whole and thereupon the lease shall absolutely determine, but such determination shall be without prejudice to any right of action or remedy of the Board in respect of any such breach or any other breach of the conditions contained in the lease.

(2) Upon the determination of the lease, under the provisions of subsection (1) of this section, the title to such flat and the estate or interest in such flat shall vest in the Board free from all incumbrances without further assurance, for such title, estate or interest as the Board would have had on the date of such determination, if there had been no sale of such flat.

Power to make rules

36J.—(1) The Minister may prescribe rules for giving effect to the provisions of this Part of this Ordinance and, without prejudice to the generality of the foregoing, for or in respect of all or any of the following matters: —

(a)	the terms and conditions for the sale of any flat, house or other living accommodation under the provisions of this Part of this Ordinance;
(b)	the persons to whom it may be sold, including the qualifications as to income, number in the family and citizenship of such persons;
(c)	a scheme of savings, by prospective purchasers of flats, with the Board for the first minimum payment on a flat;
(d)	the minimum first payment on the purchase of a flat and the maximum period that may be allowed for the payment of the balance of the purchase price, together with the prescribed interest;
(e)	the functions, duties and powers of a management corporation; and
(f)	regulating the use of flats of the Board, which have been sold under the provisions of this Part of this Ordinance, and the common property.

(2) All such rules shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication.”.

Repeal of sections 37 and 38 and re-enactment of section 37

9. Sections 37 and 38 of the principal Ordinance are hereby repealed and the following substituted therefor: —

“Borrowing powers

37.—(1) The Board may, from time to time, for the purposes of this Ordinance, raise loans from the Government or, with the approval of the Minister, by any of the methods set out in subsection (3) of this section.

(2) The Board shall pay interest on such loans at such rate and at such times, and shall make such provisions for the mode and time or times of repayment of principal, as may be approved by the Minister.

(3) The Board may, where the approval of the Minister has been obtained to borrow money under the provisions of subsection (1) of this section, raise the money by —

(a)	mortgage;
(b)	charge, whether legal or equitable, on any property vested in the Board or on any revenue receivable by the Board under this or any other Ordinance; or
(c)	the creation and issue of debenture stock.”.

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