Controlled Premises (Special Provisions) Rules

Controlled Premises (Special Provisions) Act

(Chapter 60, Section 23(2))

R 1

REVISED EDITION 1994

(25th March 1992)

[10th June 1970]

Citation

1. These Rules may be cited as the Controlled Premises (Special Provisions) Rules.

Application for recovery of possession of controlled premises

2.—(1) The landlord of any controlled premises situated in a designated development area who intends to effect or cause to be effected development in relation to such controlled premises may apply for recovery of possession of such controlled premises in the form set out in the First Schedule setting out, inter alia, the particulars in rule 3.

(2) Every such application shall be supported by an affidavit certifying the evidence and the undertakings required to be given under section 4(2) of the Act.

(3) The fee payable in respect of an application shall be $800.

[S 223/94 wef 01/06/1994]

Registration of application

3.—(1) An application for the recovery of possession of controlled premises shall be addressed to the Secretary who shall upon its receipt register the application in a register containing particulars of —

(a)	the landlord’s name and address;
(b)	a description of the controlled premises;
(c)	the nature of the interest which the landlord has in the controlled premises;
(d)	the names and address of every tenant, sub-tenant and any person in occupation of the controlled premises;
(e)	the name and address of the landlord’s advocate and solicitor (if any); and
(f)	the landlord’s address for service within Singapore.

(2) The Board may without prejudice to section 19 of the Act require the landlord at any time —

(a)	to serve a copy of the application made by him to all tenants, sub-tenants and occupiers, for the time being known to him, of the controlled premises in question; and
(b)	to advertise the application made in at least one English language newspaper and one Chinese language newspaper.

Appearance

4.—(1) Any tenant or sub-tenant or any person in occupation of the controlled premises intending to attend and be heard at the proceedings of the Board in relation to any application made shall within 14 days of the date of receipt of a notice issued under section 19 of the Act or in pursuance of rule 3(2) (a) give notice in the form set out in the Second Schedule of his intention to do so to the Secretary whereupon the Secretary shall, on the direction of the Board, fix the date and place for the hearing of the application.

(2) Before the commencement of the hearing of an application, the Board may, at its discretion, require any tenant, sub-tenant or any person in occupation of the controlled premises who has given notice under paragraph (1) to indicate in writing or by supporting affidavit the nature of the evidence, whether oral or documentary, upon which he intends to rely and to serve such evidence upon the landlord.

Sitting of Board

5. The Board shall sit in the Court room of the Industrial Arbitration Court or at such other place as the Chairman may from time to time determine.

Procedure at hearings

6. Subject to the Act and these Rules, the procedure at hearings and at any proceedings before the Board shall be such as the Board may determine.

Default of appearance

7. When an application is called for hearing and the landlord or any party does not appear, the Board may, if it thinks fit, dismiss or allow the application.

Disclosure of documents

8.—(1) The Board may require any party to any proceedings before it to furnish to the Secretary within such time as may be prescribed any document or other information which it is within the power of such party to furnish and shall afford to all other parties to the proceedings an opportunity to inspect such documents and to take copies thereof.

(2) Nothing in this rule shall be regarded as requiring the furnishing of any information the disclosure of which would be contrary to the public interest.

Failure to supply documents

9. If it appears to the Board that any party to any proceedings before it has failed to furnish a copy of any document required under these Rules within such period as the Board may determine or as may be prescribed, the Board may direct that a copy of the document shall be furnished and that the further hearing of the proceedings be adjourned, and may in any such case require the party at fault to pay any costs occasioned thereby.

Administration of oaths

10. The Secretary shall have power to administer oaths and take affirmations for the purpose of proceedings before the Board.

Service of notices

11.—(1) Any notice or document required or authorised to be served on any person for the purposes of these Rules shall be deemed to have been duly served if sent by post to that person at his ordinary address or to his address for service specified in the application.

(2) If any person to whom any notice or any other document is required to be sent for the purposes of these Rules cannot be found or has died and has no personal representative or is out of Singapore or for any other reason service upon such person cannot be readily effected in accordance with paragraph (1), the Board may dispense with service upon such person and make an order for substituted service upon such person in such form as the Board may think fit.

Inspection of controlled premises

12. The Board may, if it thinks fit, enter and inspect any controlled premises which is the subject-matter of an application before it and so far as may be practicable, any other comparable premises to which the attention of the Board may be directed so long as the Board gives 3 days’ notice of its intention to do so to the occupier of any such controlled premises and entry and inspection is effected between the hours of 9 a.m. and 4 p.m. on any day other than a Saturday, Sunday or a public holiday.

Oaths and affirmations

13. The oath or affirmation to be taken by the Chairman and members of the Board under section 7 of the Act shall be in the appropriate form set out in the Third Schedule.

Fees

14. The fee payable in respect of —

(a)	transcripts of the proceedings of the Board shall be $2.50 per folio; and
(b)	written awards of the Board shall be $50 per copy.

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