Controlled Premises (Special Provisions) (Amendment) Bill

Bill No. 9/1972

Read the first time on 7th March 1972.

An Act to amend the Controlled Premises (Special Provisions) Act (Chapter 267 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 Controlled Premises (Special Provisions) (Amendment) Act, 1972, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Controlled Premises (Special Provisions) Act (hereinafter in this Act referred to as “the principal Act”) is hereby amended by inserting immediately after the definition of “landlord” appearing therein the following new definition: —

“ “occupier” means the person referred to in subsection (1) of section 9A of this Act;”.

Amendment of section 4

3. Section 4 of the principal Act is hereby amended —

(a)	by inserting immediately after the figure “7” appearing in the fourth line of paragraph (a) of subsection (7) thereof the expression “and section 9A”; and
(b)	by inserting immediately after the figure “7” appearing in the second line of subsection (8) thereof the expression “and section 9A”.

New section 6A

4. The principal Act is hereby amended by inserting immediately after section 6 thereof the following new section: —

“Oath and affirmation

6A.—(1) The Chairman shall take in the presence of the Chief Justice the oath or affirmation in the form set out in the regulations.

(2) An oath or affirmation in the prescribed form shall be administered by the Chairman to every member of the Board.”.

Amendment of section 7

5. Section 7 of the principal Act is hereby amended —

(a)	by deleting subsection (3) thereof; and
(b)	by deleting the expression “, having regard to the provisions of subsection (3) of this section,” appearing in the third and fourth lines of subsection (4) thereof.

Amendment of section 8

6. Section 8 of the principal Act is hereby amended —

(a)	by deleting the words “and sub-tenant” appearing in the fourth line of subsection (1) thereof and substituting therefor the expression “, sub-tenant and occupier”; and
(b)	by deleting the words “and sub-tenant” appearing in the second line of subsection (2) thereof and substituting therefor the expression “, subtenant and occupier”.

New section 9A

7. The principal Act is hereby amended by inserting immediately after section 9 thereof the following new section: —

“Power of Board to award compensation to occupiers

9A.—(1) Notwithstanding anything contained in this Act or any written law or rule of law, but subject to this section and section 9 of this Act, the Board may in its discretion award compensation to a person who is neither a tenant nor a sub-tenant if that person (hereinafter in this Act referred to as “the occupier”) —

(a)	has been continuously using or occupying any part of the controlled premises prior to the 1st day of January 1968;
(b)	has been paying to the landlord or a tenant, as the case may be, a sum of money, whether described as rent or not, as consideration for the use or occupation of such part of the controlled premises under an arrangement that does not constitute a tenancy;
(c)	is not by reason of such user or occupation in breach of any of the terms of a tenancy made between the landlord and the tenant, or if he is, such breach has been waived or acquiesced in by the landlord;
(d)	is bound to vacate such part of the controlled premises consequent upon an order of the Board made in the landlord’s favour under section 4 of this Act.

(2) In determining any amount of compensation that the Board may decide to award to an occupier under this section, the Board, without prejudice to its right to consider any other relevant matter, may take into account the following matters: —

(a)	the cost of removal to another site;
(b)	the number of years that an occupier has been using or occupying part of the controlled premises;
(c)	the consideration paid by the occupier to the landlord or the tenant, as the case may be, for the use or occupation of such part of the controlled premises;
(d)	the area of floor space occupied or used by the occupier and the purpose for which such area has been used.

(3) Where an occupier uses or occupies part of the controlled premises under an arrangement with a tenant who receives consideration for such user or occupation from the occupier and the Board decides that such occupier is entitled to receive compensation, such compensation, as the Board decides is fair and reasonable, shall be paid by the Board to the occupier out of such amount of compensation as the Board has determined should be awarded to the tenant pursuant to section 7 of this Act; and the total amount of compensation that is to be paid to the tenant shall accordingly be reduced by the amount that is to be awarded to the occupier.

(4) The total amount of compensation to be awarded to an occupier under this section shall not in any event exceed such amount as would have been payable if he had occupied part of the controlled premises under a tenancy.

(5) In this section “continuously using or occupying” means use or occupation of any part of the controlled premises prior to the 1st day of January 1968, which has not been interrupted for any period longer than three months or for such further period not exceeding six months as the Board may in any particular case decide having regard to the reasons advanced by the occupier for failure to use or occupy that part of the controlled premises.”.

Amendment of section 16

8. Subsection (2) of section 16 of the principal Act is hereby amended by inserting immediately after the figure “7” appearing in the fourth line thereof the expression “or section 9A”.

Amendment of section 17

9. Section 17 of the principal Act is hereby amended —

(a)	by deleting the words “and sub-tenant” appearing in the fourth and fifth lines of paragraph (c) of subsection (2) thereof and substituting therefor the expression “, sub-tenant and occupier”; and
(b)	by deleting the words “and sub-tenant” appearing in the first and second lines of subsection (3) thereof and substituting therefor the expression “, sub-tenant and occupier”.

Amendment of section 18

10. Subsection (2) of section 18 of the principal Act is hereby amended —

(a)	by inserting immediately after the figure “7” appearing in the second line of subsection (2) thereof the expression “or section 9A”; and
(b)	by deleting the words “and sub-tenant” appearing at the end of subsection (2) thereof and substituting therefor the expression “, sub-tenant and occupier, as the case may be”.

Amendment of section 19

11. Subsection (1) of section 19 of the principal Act is hereby amended by deleting the words “and sub-tenant” appearing in the fifth and in the seventh lines thereof and substituting therefor in each case the expression “, sub-tenant and occupier”.

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