Apportionment of Rents (Amendment) Bill

Bill No. 4/1975

Read the first time on 25th February 1975.
An Act to amend the Apportionment of Rents Act (Chapter 264 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 Apportionment of Rents (Amendment) Act, 1975 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Repeal and re-enactment of sections 2, 3 and 4
2.  Sections 2, 3 and 4 of the Apportionment of Rents Act (hereinafter in this Act referred to as “the principal Act”) are hereby repealed and the following substituted therefor: —
Interpretation
2.  In this Act, unless the context otherwise requires —
“Collector” means a Collector of Land Revenue;
“competent authority” means an authority appointed under section 3 of the Planning Act (Cap. 279);
“grant” means a grant in perpetuity;
“grantee” means the owner of a grant in perpetuity;
“land” includes any building or structure;
“lessee” means the lessee of land held under a State lease, and includes the assignee of the entirety of the land comprised in any State lease and the legal representatives of a State lessee;
“notice” means a notice of apportionment of rent;
“subdivided land” means any land in respect of which permission to subdivide has been granted by a competent authority under the Planning Act (Cap. 279).
Subdivision of land to be notified
3.—(1)  Every lessee or grantee of land comprised in any State lease or grant shall, within one month from the date of obtaining any written permission from the competent authority to subdivide such land, inform the Collector in writing of the written permission together with a copy of the approved plan showing the subdivision and particulars of the persons entitled as beneficial owners to the parts of the subdivided land.
(2)  The Collector shall determine the rent payable in respect of each subdivision.
(3)  The minimum rent in respect of any subdivision shall be one dollar and any fraction of fifty cents shall count as fifty cents.
(4)  When a determination has been made by the Collector under subsection (2), he shall cause a notice of apportionment of the rent to be served upon the lessee or grantee and upon the persons entitled as beneficial owners to the parts of the subdivided land.
(5)  Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars.
Apportionment by Collector
4.  Whenever it appears to the Collector that any land held under a State lease or grant has been subdivided and no notification of the subdivision in respect of the land has been given under the provisions of section 3 the Collector may determine the rent payable in respect of each subdivision and shall thereafter proceed to make an order of apportionment in accordance with the provisions of this Act which shall apply mutatis mutandis as if the determination has been made by the Collector under the provisions of subsection (2) of section 3.”.
Amendment of section 6
3.  Section 6 of the principal Act is hereby amended by deleting the words “three months” appearing in the third line thereof and substituting therefor the words “one month”.
Repeal and re-enactment of sections 7 and 8
4.  Sections 7 and 8 of the principal Act are hereby repealed and the following substituted therefor: —
Apportionment order when made
7.—(1)  On the expiration of one month from the date of the service of the last served of such notices, the Collector may, under his hand and seal, make an order of apportionment of the rent payable to the Government in respect of each subdivision.
(2)  If any objections have been received by him under section 6, he shall consider the objections prior to making his order of apportionment.
(3)  An order of apportionment shall be final and binding on every lessee or grantee and holder of a subdivision, notwithstanding that notice may not have been served on all the persons entitled to the various subdivisions of the State lease or grant.
(4)  The Collector shall cause a copy of his order to be served upon all persons upon whom a notice was served under subsection (4) of section 3.
(5)  Such service may be effected by posting on the land and at the Land Office.
Effect of order
8.  From the date of the order of apportionment —
(a)the rent apportioned in respect of any subdivision shall be due to the Government by the person entitled to each subdivision and his executors, administrators and assigns, and shall, if the rent for the current year upon the State lease or grant remains unpaid, be payable forthwith, and shall be henceforth payable at the time and place at which the rent on the State lease or grant was payable, and shall be recoverable by any means prescribed by law relating to the collection of rents due to the Government;
(b)the covenant by the lessee or grantee to pay to the Government the rent specified in the State lease or grant shall, in any case where the lessee or grantee has by duly registered deeds assigned or conveyed the entirety of the land comprised in the State lease or grant, be discharged, and shall, in any case where the lessee or grantee retains a part only of the land comprised in the State lease or grant, be so modified as to apply only to the rent apportioned under this Act to that part of the land comprised in the State lease or grant which is retained by the lessee or grantee; and
(c)any covenant by any person entitled to a subdivision to pay to the lessee or grantee a portion of the rent shall be discharged.”.
Repeal of sections 9 and 10
5.  Sections 9 and 10 of the principal Act are hereby repealed.
Amendment of section 12
6.  Section 12 of the principal Act is hereby amended by deleting the word “proceedings” appearing in the last line thereof and substituting therefor the words “particulars furnished to him or determined by him”.
Repeal of Schedules A, B and C
7.  Schedules A, B and C to the principal Act are hereby repealed.