2. The Port of Singapore Authority Act (hereinafter in this Act referred to as “the principal Act”) is hereby amended by inserting immediately after section 39 thereof the following new Part: —“PART VA 39A. In this Part, unless the context otherwise requires —| “flat” means a horizontal stratum of a building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of human habitation; |
| “lease” includes an agreement for a lease; |
| “owner”, in relation to any property sold by the Authority, includes a person who has purchased a leasehold interest in the property and also includes a purchaser under an agreement for a lease. |
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| Special provisions relating to the sale by the Authority of a flat, house or building |
39B. For the purposes of the registration of an assurance pertaining to a flat, house or building sold by the Authority subject to the provisions of this Part —| (a) | in the case of land registered under the provisions of the Registration of Deeds Act (Cap. 281), the provisions of section 12 of that Act shall not apply; and | | (b) | in the case of land registered under the provisions of the Land Titles Act (Cap. 276), 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 Authority shall be sufficient for the purposes of section 50 of that Act. |
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| Conditions relating to sale, lease, mortgage or transfer of or charge on a flat, house or building |
39C.—(1) No flat, house or building which has been sold by the Authority subject to the provisions of this Part shall be sold, leased, mortgaged, transferred or charged without the written consent of the Authority.| (2) Where any assurance, mortgage, transfer, charge or lease of any such flat, house or other building (which is executed by or on behalf of the owner thereof without the written consent of the Authority) is registered under the provisions of the Registration of Deeds Act or the Land Titles Act, the Authority may by an instrument lodged with the Registrar of Deeds or the Registrar of Titles, as the case may be, declare such assurance, mortgage, transfer, charge or lease to be void and the Registrar of Deeds or the Registrar of Titles, as the case may be, shall register the instrument without being concerned to inquire into its regularity or validity, and upon registration thereof shall cancel the registration of any such assurance, mortgage, transfer, charge or lease. |
| (3) Where an assurance or a lease, mortgage or transfer of or a charge on a flat, house or building sold subject to the provisions of this Part is executed without the written consent of the Authority, the person, who is entitled to the title to or the estate or interest in the flat, house or building if the written consent of the Authority had been obtained, 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, lease, mortgage or transfer of or charge on the flat, house or building. |
| (4) The Authority may, on the discovery of such assurance, lease, mortgage, transfer or charge, serve a written notice upon the person, referred to in subsection (3) of this section, 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 (6) of this section. |
| (5) Such person may, within fourteen days after the date of the service of the notice, appeal against the lodging of such instrument for the purpose of subsection (6) of this section to the Minister whose decision thereon shall be final. |
| (6) The Authority may, in any case where an assurance or a lease, mortgage or transfer of or a charge on a flat, house or building, sold subject to the provisions of this Part has been executed without its written consent, and an appeal to the Minister under subsection (5) of this section 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 Authority of the title to or the estate or interest in the flat, house or building. |
(7) The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument, lodged under the provisions of subsection (6) of this section, without being concerned to inquire into its regularity or validity, and upon the registration of such instrument —| (a) | in the case of a flat, house or 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 building has been vested in the Authority in accordance with the provisions of this section, and upon that entry being made, the title to and the estate or interest in the flat, house or building shall vest in the Authority free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Authority; or | | (b) | in the case of a flat, house or 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 building shall vest in the Authority free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Authority, and the Registrar of Titles shall cancel the registration of any lease, mortgage or charge thereby overreached. |
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| (8) Any person who acts in contravention of the provisions of subsection (1) or (3) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment. |
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| Conditions in respect of a flat, house or building |
39D.—(1) No lien by deposit of the title deeds, as security for a debt, of any flat, house or building that has been sold subject to the provisions of this Part shall be capable of being created in favour of any person and any caveat in support of any such lien if lodged with the Registrar of Titles or presented for registration with the Registrar of Deeds shall have no legal effect.| (2) No such flat, house or building shall vest in the Official Assignee on the bankruptcy of the owner thereof. |
| (3) No such flat, house or building shall be attached in execution of a decree of a court. |
| (4) Every trust or alleged trust, whether the trust is express, implied or constructive, which purports to be created in respect of such flat, house or building by the owner thereof shall be null and void and shall be incapable of being enforced by a court. |
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| Transfer of a flat, house or other building on the death of the owner |
39E.—(1) The transmission made on the death of the owner, whether testate or intestate, or any transfer by the legal personal representatives of a deceased owner of a flat, house or building that has been sold subject to the provisions of this Part without the written consent of the Authority shall not be presented for registration under the provisions of the Registration of Deeds Act (Cap. 281) or the Land Titles Act (Cap. 276).| (2) Where the Authority refuses to give its written consent, the Authority shall lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or building vested in the Authority. |
| (3) Where no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or building within twelve months from the death of the owner, or where representation has been taken out but the legal personal representatives do not apply for the Authority’s written consent for the transmission or transfer of the flat, house or building within six months from the date of the representation, the Authority 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 building vested in the Authority. |
| (4) Where on the death of the owner of a flat, house or 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 (Cap. 281) or the Land Titles Act (Cap. 276), or where no representation has been taken out under a will or on the intestacy of a deceased owner of such flat, house or building within twelve months from the death of the owner, the Authority may rescind the agreement for the lease of such flat, house or building. |
(5) Where the Authority decides to lodge an instrument under subsection (2) or (3) of this section to have the flat, house or building vested in itself or to rescind an agreement for the lease pursuant to subsection (4) of this section, the Authority shall —| (a) | serve a written notice on the legal 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 building; and | | (b) | in the case where no representation is taken out, affix a notice at the flat, house or building and also serve a notice on all persons known or believed to have an interest or estate in the flat, house or 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 (2) or (3) of this section or of its decision to rescind the agreement for the lease and of the compensation to be paid therefor and the date on which the instrument will be lodged as aforesaid not being a date earlier than twenty-eight days after the date of the service of the notice. |
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| (6) The legal 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. |
| (7) Where an appeal is made to the Minister pursuant to subsection (6) of this section the Authority shall not proceed to lodge an instrument of vesting under subsection (2) or (3) of this section until the appeal is disposed of. |
(8) The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument lodged under subsection (2) or (3) of this section without being concerned to inquire into its regularity or validity and —| (a) | in the case of a flat, house or 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 building has been vested in the Authority and upon that entry being made; and | | (b) | in the case of a flat, house or 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 building shall vest in the Authority free from all incumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Authority, 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. |
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| (9) Where an appeal has been determined by the Minister or on the expiry of a period of twenty-eight days after the date of the service of the notice referred to in subsection (5) of this section and the legal 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 Authority, the Authority 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 Supreme Court for the time being in force, the Court may make such an order. |
| (10) The compensation to be paid by the Authority for any flat, house or building vested in the Authority under this section shall be determined by the Authority. |
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| Restrictions on registration of assurance, lease, mortgage, transfer or charge |
39F.—(1) The Registrar of Titles and the Registrar of Deeds shall have the power to refuse to accept for registration or lodgement of any assurance, lease, mortgage, transfer or charge relating to any flat, house or building which has been bought or sold, leased, mortgaged or disposed of by a person in contravention of the provisions of subsection (1) of section 39C, 39D and 39E of this Act.| (2) A certificate of the Authority that any flat, house or building has been purchased, sold, leased, mortgaged, transferred or charged in accordance with the provisions of this Act shall be conclusive evidence of that fact. |
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| Authority may compulsorily acquire property sold subject to the provisions of this Part |
39G.—(1) The Authority may compulsorily acquire any flat, house or building sold subject to the provisions of this Part —| (a) | if the owner thereof and his spouse, if any, have, in the opinion of the Authority, ceased to occupy the same; or | | (b) | if the owner thereof or his spouse has at any time, whether before or within ten years from the date of the purchase of the flat, house or building from the Authority, acquired whether by operation of law or otherwise any title to or an estate or interest in any other flat, house, building or land; or | | (c) | if the owner thereof has, in the opinion of the Authority, used the flat, house or building otherwise than for the purpose permitted by the lease; or | | (d) | 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 Authority drawing his attention to the non-performance or non-observance of the condition in the lease and the Authority is of the opinion that he is likely to continue to do the same if he should continue to own the flat, house or building; or | | (e) | if the owner thereof has made a misleading or false statement in his application to the Authority for the purchase of the same; or | | (f) | if the owner thereof has made a misrepresentation of a material fact, whether innocently or otherwise, in his application to the Authority for the purchase of the same; or | | (g) | if the owner thereof assigns, underlets or parts with the possession of the same or any part thereof in breach of a condition in the lease against assigning, subletting or parting with possession. |
| (2) Where the Authority intends to exercise its powers of compulsory acquisition conferred by this section, the Authority shall serve a notice in writing on the owner of the flat, house or building 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 building (hereinafter in this Act referred to as “an interested person”) stating the Authority’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 Authority may within twenty-eight days after the date of the service of the notice referred to in subsection (2) of this section, submit in writing to the Authority precisely the grounds upon which he objects to the acquisition and the compensation offered by the Authority. |
| (4) The Authority 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 Authority may, within twenty-eight days after the date of the service of such decision, appeal to the Minister whose decision thereon shall be final. |
| (6) This section shall not limit or affect the powers conferred upon the Authority 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. |
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| Vesting of acquired property in the Authority |
39H.—(1) When the Authority has made a decision pursuant to section 39G of this Act to compulsorily acquire a flat, house or building, the Authority 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 Authority of the title to or the estate or interest in that flat, house or building —| (i) | in the case where no objection has been made pursuant to section 39G of this Act, on the expiry of a period of twenty-eight days after the date of the service of the notice referred to in subsection (4) of that section; 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 re-possess the flat, house or building 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, as the case may be, 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 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 building has been vested in the Authority and upon that entry being made; or | | (b) | in the case of a flat, house or 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 building shall vest in the Authority free from all incumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Authority, 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. |
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39I.—(1) The Authority shall pay the compensation determined by the Authority for the acquisition of a flat, house or building under section 39E or 39G of this Act to an owner or the legal personal representatives of a deceased owner or to both an owner or the legal personal representatives, as the case may be, and an interested person in such proportion as the Authority may decide or such amount as may be varied by the Minister on appeal 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 Authority 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 Authority may withhold any compensation payable in respect of any flat, house or building vested in the Authority under this Part to any person until the Authority has taken possession of that flat, house or building.”. |
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