Land Titles (Amendment) Bill

Bill No. 8/2003

Read the first time on 20th March 2003.

An Act to amend the Land Titles Act (Chapter 157 of the 1994 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 Land Titles (Amendment) Act 2003 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 4

2. Section 4(1) of the Land Titles Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately after the word “Act” in the definition of “approved form”, the words “and includes an electronic form produced by making an electronic copy, image or reproduction of a written instrument”; and

(b)

by inserting, immediately after the definition of “dealing”, the following definition:

“ “electronic instrument” means an instrument in an electronic form;”.

Amendment of section 26

3. Section 26(1) of the principal Act is amended by inserting, immediately after the words “in the approved form” in the 3rd and 4th lines, the words “together with any deed, conveyance or instrument affecting the land”.

New section 51A

4. The principal Act is amended by inserting, immediately after section 51, the following section:

“Lodgment of instrument in electronic form

51A.—(1) Subject to this section, an instrument may be lodged in such electronic form as may be approved by the Registrar.

(2) No person shall lodge an instrument in electronic form unless he is authorised by the Registrar to do so.

(3) Every instrument lodged in electronic form under this section shall be completed in such manner as may be required by the Registrar.

(4) Where an instrument is lodged in electronic form under this section —

(a)	it shall be the duty of the person who certifies the correctness of the instrument under section 59 to ensure that all particulars entered therein are complete and accurate; and
(b)	the Registrar shall not be concerned to enquire into the completeness or accuracy of the particulars as entered in the instrument and shall, on acceptance of the instrument so lodged, register the instrument in accordance with those particulars.”.

Amendment of section 52

5. Section 52 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:

“(1) Every mortgage, charge or lease presented for registration need not be lodged in duplicate except for a lease to be comprised in a manual folio.”.

Amendment of section 57

6. Section 57 of the principal Act is amended —

(a)

by deleting the words “The Registrar shall” in the 1st line of subsection (1) and substituting the words “Subject to subsection (3), the Registrar shall”; and

(b)

by inserting, immediately after subsection (2), the following subsection:

“(3) The Registrar may dispense with proof of due execution of an instrument intended for registration under this Act for any of the following purposes:

(a)

for the entry, extension or withdrawal of a caveat;

(b)

for the registration of —

(i)	a writ of execution or an order of court; or
(ii)	the withdrawal of a writ of execution or an order of court;

(c)

for the cancellation of a writ of execution; or

(d)

for such other purpose as may be prescribed.”.

Amendment of section 58

7. Section 58 of the principal Act is amended —

(a)

by deleting the words “In favour of purchasers,” in the 1st line of subsection (1) and substituting the words “Subject to subsection (4), in favour of purchasers,”; and

(b)

by inserting, immediately after subsection (3), the following subsection:

“(4) Where an instrument dealing with land (whether registered or unregistered) is an electronic instrument, it shall be deemed to have been duly executed by a corporation aggregate if it is executed in such manner and form as may be approved by the Registrar.”.

Amendment of section 59

8. Section 59 of the principal Act is amended —

(a)

by deleting the words “registered land” in the 3rd and 4th lines of subsection (1) and substituting the words “land (whether registered or unregistered)”; and

(b)

by deleting paragraph (b) of subsection (4) and substituting the following paragraph:

“(b)	where it is signed by a solicitor employed by the party to the instrument, the solicitor holds a practising certificate which is in force as at the date of the instrument.”.

Amendment of section 127

9. Section 127(2) of the principal Act is amended by deleting the words “within 30 days from the date of the notice” in the 7th line and substituting the words “within 30 days from the date of the service of the notice”.

Amendment of section 132

10. Section 132(2) of the principal Act is amended by deleting the words “the writ or order, or an office copy thereof,” and substituting the words “a copy of the writ or order”.

Amendment of section 143

11. Section 143(4) of the principal Act is amended by deleting the words “thereby acquired” in the penultimate and last lines and substituting the words “not affected by the acquisition”.

Amendment of section 144

12. Section 144(1) of the principal Act is amended by deleting the words “the Collector, the Comptroller of Property Tax or the Director-General of Public Works” in the 6th and 7th lines and substituting the words “the Collector or the Comptroller of Property Tax”.

Amendment of section 161

13. Section 161 of the principal Act is amended —

(a)

by inserting, immediately after the word “microfilmed” in the 2nd line of subsection (3), the words “or imaged”; and

(b)

by inserting, immediately after subsection (3), the following subsection:

“(4) A search shall extend only to such electronic instruments as the Registrar may determine.”.

Amendment of section 164

14. Section 164 of the principal Act is amended —

(a)

by deleting the words “The Registrar” in the 1st line of subsection (1) and substituting the words “Subject to subsection (4), the Registrar”; and

(b)

by inserting, immediately after subsection (3), the following subsection:

“(4) Subsection (1) shall apply only to such electronic instruments as the Registrar may determine.”.

Search within Legislation