Housing and Development Act 1959

Section 1

Short title

This Act is the Housing and Development Act 1959.

Section 2

Interpretation

Amended [13/2015; 5/2018]

(1)

In this Act, unless the context otherwise requires —

Amended [13/2015; 5/2018]

Definition

“authorised occupier” means a person who is —

(a)

“owner”, in relation to any property sold by the Board, includes a person who has purchased a leasehold interest in the property and also includes a purchaser under an agreement for a lease.

Amended [13/2015; 5/2018]

(2)

References in this Act to a flat, house or other living accommodation are to be construed to include references to the land appurtenant to the flat, house or other living accommodation.

(3)

In any other written law and in any other document whatsoever, unless the context otherwise requires, any reference to the Singapore Improvement Trust is, except in respect of its planning functions, to be construed as a reference to the Board.

Section 3

Establishment and incorporation of Housing and Development Board

A body called the Housing and Development Board is established, which is a body corporate and has perpetual succession and may sue and be sued in its corporate name.

Section 4

Common seal

(1)

The Board must have a common seal and that seal may from time to time be broken, changed, altered and made anew as the Board considers fit.

(2)

Subject to subsection (3), all deeds, documents and other instruments requiring the seal of the Board must be sealed with the seal of the Board in the presence of the Chairperson, or the Deputy Chairperson, or a member of the Board, and an officer of the Board authorised by the Board in that behalf, who must sign every such deed, document or other instrument to which the seal is affixed, and the signing is sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board.

(3)

All deeds, documents and other instruments which relate to the sale, lease, assignment, mortgage or assurance whatsoever of any premises sold under the provisions of this Act may be sealed with the seal of the Board in the presence of any officer of the Board duly authorised by the Board to act in that behalf who must sign every such deed, document or other instrument to which the seal is affixed, and the signing is sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board.

(4)

Section 11 of the Registration of Deeds Act 1988 does not apply to any instrument purporting to have been executed under subsection (2) or (3).

Section 5

Rules as to execution of documents

The Board may, with the approval of the Minister, make rules in regard to the execution of instruments of any description, the issue of any document and the signing of cheques and as to the proof of documents purporting to be executed, issued or signed by the Board or a member or an officer of the Board.

Section 6

Constitution of Board

Amended [35/2020]Amended [35/2020]Amended [35/2020]Amended [35/2020]

(1)

The Board consists of —

(a)

a Chairperson; and(b)at least 4 and not more than 14 other members,each of whom must be appointed by the Minister subject to subsection (10) and on any conditions as the Minister may determine.

The Minister may, subject to subsection (10), at any time revoke the appointment of any member of the Board.

(9)

On the death, bankruptcy, inability to act, resignation, absence from Singapore for more than 3 months or revocation of the appointment of any member of the Board, the Minister may, subject to subsection (10), appoint a new member who is to hold office for so long as the member in whose place he or she is appointed would have held office.

(10)

No appointment under this section and no revocation of any such appointment may be made without the President’s concurrence under Article 22A(1)(b) of the Constitution.

(11)

The Chairperson may, by instrument in writing, authorise any member of the Board to exercise any power or perform any function, other than the functions referred to in section 4(2), conferred on the Chairperson by or under this Act.

Section 7

Disqualification from membership and vacation of office

Amended [21/2008]

(1)

A person is not eligible to be appointed or to remain a member of the Board if the person —

(a)

is an undischarged bankrupt;

(b)

has been convicted of an offence by a court of law in Singapore and sentenced to imprisonment for a term of not less than 6 months and has not received a free pardon; or(c)has a mental disorder and is incapable of managing himself or herself or his or her affairs.

Amended [21/2008]

(2)

The office of a member of the Board becomes vacant —

(a)

on the death of the member;

(b)

if the member, without sufficient cause acceptable to the Minister, fails to attend 3 consecutive meetings of the Board;

(c)

if the member becomes subject to any of the disqualifications specified in subsection (1); or(d)if the member resigns his or her office.

Section 8

Salaries, fees, etc., payable to members of Board

There are to be paid to members of the Board, out of the funds of the Board, such salaries, fees and allowances or expenses as the Minister may from time to time determine.[9

Section 9

Quorum

Amended [29/2005; 35/2020]

(1)

The quorum at all meetings of the Board is one‑third of the total number of members in office, of whom one must be the Chairperson or the Deputy Chairperson, and, in the Chairperson’s absence, the Deputy Chairperson presides at its meetings.

Amended [29/2005; 35/2020]

(2)

A decision of the majority of the members of the Board present and voting at a meeting of the Board is deemed to be a decision of the Board.

(3)

In the event of the votes on any question being equal, the member presiding has a casting vote in addition to his or her original vote.[10

Section 10

Vacancies

The Board may, subject to section 9(1), act despite any vacancy in its membership.[11

Section 11

Proceedings of Board

Amended [5/2018]

(1)

The Chairperson or other officers authorised by him or her must, subject to such standing orders as the Board may make under subsection (2), summon all meetings of the Board for the despatch of business.

(2)

Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may make standing orders to regulate its own procedure and, in particular, the holding of meetings, the notice to be given of its meetings, the proceedings at its meetings, the keeping of minutes and the custody, production and inspection of the minutes.[12

Amended [5/2018]

Section 12

Functions and duties of Board

Amended [29/2005; 18/2010]

Subject to the provisions of this Act, the functions and duties of the Board are —

(a)

to prepare and execute proposals, plans and projects for —

(i)

the erection, conversion, improvement and extension of any building for sale, lease, rental or other purpose;

(ii)

the clearance and redevelopment of slum and urban areas;

(iii)

the development or redevelopment of areas designated by the Minister;

(iv)

the development of rural or agricultural areas for the resettlement of persons displaced by operations of the Board or other resettlement projects approved by the Minister;

(b)

to manage all lands, houses and buildings or other property vested in or belonging to the Board;

(c)

to carry out all investigations and the surveys necessary for the performance of the functions and duties of the Board;

(d)

to provide loans, with the Minister’s approval, to enable persons to purchase —

(i)

any developed land or any housing accommodation sold under Part 4B; or(ii)any other land belonging to the Board for which planning permission to develop has been obtained under the Planning Act 1998,or any part thereof upon a mortgage of that land;

(e)

to provide technical and consultancy services within or outside Singapore, in respect of matters within its expertise acquired in the exercise of its functions under this Act, and to act as an agent for the Government or, with the Minister’s approval, as an agent for another public authority in the provision of such services;

(f)

to exercise such powers and perform such duties as may from time to time be conferred on or delegated to the Board by or under the provisions of any written law; and(g)to do all such other matters and things as are necessary for the exercise or performance of all or any of the functions and duties of the Board.[13

Section 13

Symbol or representation of Board

(1)

The Board has the exclusive right to the use of such symbol or representation as the Board may select or devise and thereafter display or exhibit in connection with its activities or affairs.

(2)

Any person who uses a symbol or representation identical with that of the Board, or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.[13A

Section 14

Use of name, etc., of Board

(1)

The Board may conduct its operations under its full name or under the acronym HDB.

(2)

A person other than the Board must not —

(a)

use in connection with a business, trade, profession or occupation;

(b)

use as the name, or as part of the name, of any firm, body corporate or institution; or(c)use in relation to —

(i)

services or products; or(ii)the promotion, by any means, of the supply of services or products,the name of the Board or the acronym HDB, or a name or acronym so closely resembling the name of the Board or the acronym HDB, as to be likely to be mistaken for it.

(3)

Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.[13B

Section 15

Power to vary rate of interest payable under mortgage

(1)

Where loans are provided by the Board for the purchase of any property upon a mortgage of that property to the Board, whether the mortgage was entered into before or after 5 September 1986, the Board has the power, despite anything contained in the mortgage document, to vary the rate of interest payable under the mortgage upon giving the mortgagor one month’s notice of the Board’s intention to do so.

(2)

Any notice under subsection (1) must be in writing and is deemed to be sufficiently served on the mortgagor if sent by ordinary post to the mortgagor at the address of the mortgaged property and is deemed to be served on the mortgagor at the time when the letter would, in the ordinary course of post, be delivered.[14

Section 16

Power to incorporate private companies

(1)

The Board may, with the Minister’s approval, form or participate in the formation of any private company (called in this section the company) having such object as the Minister may approve.

(2)

Despite the provisions of any written law for the time being in force relating to companies, there must be registered with the memorandum of association of the company articles of association prescribing regulations for the company.

(3)

The articles of association of the company must contain, among other things, such provisions relating to —

(a)

the capital and share structure of the company;

(b)

the qualification, appointment, remuneration, powers and proceedings of directors;

(c)

dividends and reserve funds; and(d)the winding up of the company,as the Minister may direct, and must also provide that the employees of the Board that are transferred to the company are to enjoy salaries and conditions of service as near as may be to those on which they were employed by the Board.

(4)

The Board may, with the Minister’s written approval, grant loans to any company in which the Board holds any shares.[15

Section 17

Gifts

The Board may accept gifts, legacies or donations and apply them for any of its functions or duties.[16

Section 18

Additional functions of Board

In addition to the functions and duties imposed by this Act, the Board may undertake such other functions as the Minister may assign to the Board and, in so doing, the Board is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Board in respect of those functions.[17

Section 19

Directions by Minister

Amended [5/2018]

(1)

The Minister may, after consulting the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.

Amended [5/2018]

(2)

The Board must provide the Minister with such information with respect to its property and activities as the Minister may require.[18

Section 20

Submission of proposals, plans and projects by Board

(1)

The Board must from time to time prepare and submit to the Minister proposals, plans and projects showing the nature of the work proposed to be executed and other steps proposed to be undertaken by the Board under sections 12, 18 and 19.

(2)

The Minister may reject or approve any such proposal, plan or project or any part thereof either without modification or subject to such modification as he or she may think fit.

(3)

Every such proposal, plan or project submitted by the Board under this section must be in such form and contain such particulars as the Minister may direct.[19

Section 21

Contracts

(1)

The Board may, in accordance with standing orders made under this Act, enter into such contracts as are necessary for the discharge of its functions and duties.

(2)

In the case of contracts for the supply of goods or materials or for the execution of works, the standing orders must —

(a)

require that, except as otherwise therein provided, notice of the intention to enter into such contracts must be published and tenders invited; and(b)regulate the manner in which the notice must be published and tenders invited.

(3)

A person entering into a contract with the Board is not bound to inquire whether the standing orders have been complied with and all such contracts, if otherwise valid, have full force and effect even though the standing orders applicable to those contracts have not been complied with.[20

Section 22

Protection of Board and employees from personal liability

No matter or thing done and no contract entered into by the Board and no matter or thing done by any member or by any employee of the Board or other person whomsoever acting under the direction of the Board shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of carrying out the provisions of this Act, subject them or any of them personally to any action, liability, claim or demand whatsoever.[21

Section 23

Power of Board to enter into agreements

It is lawful for the Board to make and carry into effect any agreement whereby the Board undertakes to act as agent for the Government or any public authority in the erection of houses or other buildings, the carrying out of repairs, the collection of rents, in relation to any other services in connection with housing or buildings ancillary thereto or, with the Minister’s approval, in relation to any services not connected with housing or buildings ancillary thereto.[22

Section 24

Power in respect of intellectual property rights

Amended [18/2010]

The Board may create, develop, apply for, acquire and hold intellectual property rights and enter into agreements (whether in Singapore or elsewhere) for the sale, licensing or commercial application of such rights, on its own or in conjunction with other persons.[22A

Section 25

Board may make ex gratia payments

The Board may, with the Minister’s approval, make an ex gratia payment to any person sustaining any damage by reason of the exercise of any of the powers vested in the Board or its employees under and by virtue of this Act.[23

Section 26

Power to purchase, sell, lease and exchange lands, etc.

(1)

The Board may, with the Minister’s approval, purchase or lease any land required for any of the purposes of this Act.

(2)

The Board may, with the approval of the prescribed approving authority (except for monthly leases), sell, surrender, lease or exchange any land or building belonging to the Board, either in block or in parcels as may be found most convenient or advantageous.

(3)

Subject to section 37, the Board may lease from month to month any land or building belonging to the Board at such rent and upon such terms and conditions as the Board thinks fit.[24

Section 27

Compulsory acquisition of property before 15 April 1983 not to be called in question

(1)

Despite the repeal of section 25 by the Housing and Development (Amendment) Act 1989, no compulsory acquisition of any immovable property before 15 April 1983 may be called in question in any court on the ground that the acquisition was not in compliance with the repealed section as in force before that date.

(2)

Any action or proceedings pending after 15 April 1983 in any court in respect of any matter to which subsection (1) applies is to be dismissed on application by any party, and the court may make such order as to costs as it thinks fit.[26

Section 28

Power to enter upon notice or under warrant

Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]

(1)

The Board may, by one or more of its officers or persons authorised by the Board (called in this section an authorised officer and authorised person, respectively), enter any premises at any reasonable time, on giving 24 hours’ notice of its intention to do so to the owner or occupier of the premises, to do either or both of the following:

(a)

If the owner or occupier is present when an authorised officer or authorised person seeks to execute the warrant, the authorised officer must —

(a)

identify himself or herself to the owner or occupier;

(b)

show the owner or occupier —

(i)

his or her original identity card or such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and(ii)some duly authenticated document showing his or her authority;

(c)

show the owner or occupier the warrant; and(d)if required, give the owner or occupier a copy of the warrant.

Amended [13/2015]

(8)

If the owner or occupier is not present when entry under subsection (7) is sought, but some other person who appears to be in charge of the premises is present, then subsection (7) applies to that other person as if he or she were the owner or occupier.

Amended [13/2015]

(9)

An authorised officer or authorised person entering the premises under a warrant issued under subsection (4) may do all or any of the following:

(a)

break open any outer or inner door or window leading to the premises;

(b)

forcibly enter the premises and every part of the premises;

(c)

remove by force any obstruction to the entry.

Amended [13/2015]

(10)

An authorised officer or authorised person entering the premises under subsection (1), or under a warrant issued under subsection (4), may do either or both of the following:

(a)

take with him or her such other persons as may be necessary;

(b)

(b)

carry out the urgent repairs or works.

Amended [13/2015]

(2)

Power to make rules

Amended [18/2010; 13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]

(1)

The Board may, with the approval of the Minister, make rules prescribing anything that is to be prescribed and generally for carrying out the provisions of this Act.

(2)

Without limiting subsection (1), the Board may, with the approval of the Minister, make rules for or in respect of all or any of the following matters:

(a)

regulating the use and enjoyment of common property and open spaces in any land vested in or held in trust for the Board;

(b)

prohibiting or regulating the parking of vehicles on such common property or in such open spaces other than parking places;

(c)

regulating the carrying out of any renovation in any flat, house or other building sold under this Act;

(d)

prescribing the form or forms of the contract or agreement that must be used by every owner of any such flat, house or other building and a purchaser other than the Board;

(e)

prescribing the conditions which, if used in any contract or agreement between any owner of any such flat, house or other building and a purchaser other than the Board, are void;

(f)

prescribing that any act or omission in contravention of any rule (except a rule made under paragraph (c)) shall be an offence punishable by a fine not exceeding $5,000;

(g)

prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Board and be recoverable as such) to be paid by the Board’s tenant or licensee, an owner of any flat, house or other living accommodation sold by the Board or an owner of any HUDC dwelling for late payment of any of the following moneys due to the Board:

(i)

rent;

(ii)

licence fees;

(iii)

maintenance fees;

(iv)

moneys due under any loan provided to such owner for the owner’s purchase of such HUDC dwelling, flat, house or other living accommodation;

(h)

prescribing the financial penalty (not exceeding $5,000) to be paid by the person who leases a flat from the Board, for non‑observance or non‑compliance with any of the restrictions, conditions or requirements of the lease;

(i)

prescribing a right to appeal to the Minister (whose decision is to be final) against any financial penalty imposed under this Act or any rules made under this Act and the appeal procedures.

Amended [18/2010; 13/2015]

(3)

Any rules made under subsection (2)(c) may prescribe —

(a)

the procedure and fees relating to the application by and grant of a licence to a lessee or contractor to carry out any renovation in any such flat, house or other building;

(b)

the conditions of any such licence;

(c)

the deposit of security to the satisfaction of the Board for the due performance of all or any of the obligations imposed on the licensee by the licence or by this Act;

(d)

the power of the Board to forfeit (in part or in whole) the security deposited by a licensee under any rule made under paragraph (c) for any contravention of any obligation imposed on the licensee by the licence or by this Act;

(e)

When a parking offence is committed, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under the rules made under section 31 in all respects as if the person were the actual offender guilty of the parking offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.

(2)

Nothing in this section affects the liability of the actual offender except that, where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation to the parking offence.

Amended [28/89]

(3)

Despite subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if the owner —

(a)

within 7 days after service on the owner of a notice alleging that the owner has been guilty of the offence, provides by statutory declaration to the Board the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned;

(b)

satisfies the Board that the owner did not know and could not with reasonable diligence have ascertained such name and address; or(c)satisfies the court that the owner did not know and could not with reasonable diligence have ascertained such name and address.

(4)

A statutory declaration made under subsection (3)(a) if produced in any proceedings against the person named in the statutory declaration and in respect of the parking offence concerned is prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence.

(5)

A statutory declaration which relates to more than one parking offence is not to be regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).

(6)

In this section —

Definition

“owner”, in relation to a vehicle, includes —

(a)

every person who is the joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the owner under any such agreement;

(b)

the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to the person in regard to the sale or disposal; and(c)in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act 1961, the person to whom the general licence is issued;

Definition

“parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any rules made under section 31.[27B

Section 34

Power to make standing orders

Amended [5/2018]

The Board may, with the approval of the Minister, and subject to the Public Sector (Governance) Act 2018, make standing orders providing for any matter in regard to which standing orders may be made under this Act and, in particular, for the following:

(a)

the method of entering into contracts by or on behalf of the Board;

(b)

the delegation of powers to officers of the Board;

(c)

the opening, keeping, closing and internal audit of accounts of the Board;

(d)

the conduct and discipline of officers of the Board;

(e)

loans and allowances or gratuities to officers of the Board;

(f)

housing accommodation for officers of the Board;

(g)

the professional and technical training of officers of the Board.[28

Section 35

Appointment of committees and delegation of powers

Amended [5/2018]Amended [5/2018]

(1)

The Board may appoint from among its own members or other persons who are not members any number of committees consisting of members or other persons, or members and other persons, for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees.

(2)

The Board may, subject to any conditions or restrictions that it may impose, delegate to any such committee or the Chairperson or the Chief Executive Officer one or more of the functions, duties and powers by this Act vested in the Board, except the power to borrow money.

Amended [5/2018]

(3)

Any function, duty or power delegated under subsection (2) may be exercised or performed by such committee or the Chairperson or the Chief Executive Officer (as the case may be) in the name and on behalf of the Board.

(4)

The Board may, subject to any conditions or restrictions that it may impose, delegate to an employee of the Board one or more of the Board’s functions, duties and powers by this Act vested in the Board, except the power to borrow money or to raise or grant loans or advances to or subscribe to stocks, shares, bonds or debentures of a company or corporation.

Amended [5/2018]

(5)

A function, duty or power delegated under subsection (4) may be exercised or performed by the employee in the name and on behalf of the Board.

(6)

Subject to the approval of the Minister, the Board may delegate to —

(a)

any Town Council established under section 4 of the Town Councils Act 1988;

(b)

any member of the Town Council;

(c)

any member of any committee of the Town Council appointed under section 45 of the Town Councils Act 1988; or(d)any employee or agent of the Town Council,one or more of the Board’s powers under any rules made under section 31, subject to such conditions or restrictions as the Board may specify.

(7)

Any power so delegated under subsection (6) may be exercised by such Town Council, member, employee or agent in the name and on behalf of the Board.[29

Section 36

Conformity with Master Plan

The Board must, in all housing and development projects, act in conformity with the Master Plan.[30

Section 37

Power to fix and vary rent, licence fees and maintenance fees

(1)

The Board may from time to time with the approval of the Minister fix the amount of —

(a)

rent and licence fees payable in respect of any property provided under this Act which is subject to a tenancy or licence agreement; and(b)maintenance fees payable in respect of any property provided under this Act.

(2)

Despite anything contained in any tenancy or licence agreement or sale and purchase agreement in respect of any property provided under this Act, the Board has the power to vary, with the approval of the Minister, the rent, licence fees or maintenance fees fixed under subsection (1).

(3)

Any variation in the rent, licence fees or maintenance fees made under subsection (2) must be published in the Gazette and takes effect on such date as may be specified therein.[31

Section 38

Transfer to Board of undertakings and assets of Singapore Improvement Trust

(1)

As from 1 February 1960, the undertakings of the Singapore Improvement Trust are, except as provided in the Planning Act (Cap. 232, 1990 Revised Edition), transferred to and vest in the Board without further assurance.

(2)

Without limiting subsection (1), that transfer includes —

(a)

all lands, buildings and other property, movable or immovable, and all assets, powers, rights and privileges held or enjoyed by the Singapore Improvement Trust in connection therewith, or appertaining thereto;

(b)

all rights and interests of the Singapore Improvement Trust in any other undertaking; and(c)all liabilities and obligations of the Singapore Improvement Trust.[32

Section 39

Transfer of properties, liabilities and obligations, etc.

Amended [34/2017]

(1)

On 1 May 1982, all the estates and interests of —

(a)

the Housing and Urban Development Company in the lands described in the First Schedule; and(b)the Jurong Town Corporation in the lands described in the Second Schedule,vest in the Board without further assurance subject to the same conditions of tenure incident thereto and to any subsisting encumbrances.

(2)

The Board has the power to execute any instrument under the Land Titles Act 1993, disposing of or creating an interest in any of the lands so vested in the Board (called in this Act transferred properties).

(3)

On 1 May 1982, any land described in the Second Schedule which immediately before that date was held in trust for the Jurong Town Corporation is to be held upon the same trust for the Board.

(4)

Without limiting subsection (1), on 1 May 1982, all the rights and liabilities of the Housing and Urban Development Company or the Jurong Town Corporation in connection with or pertaining to the transferred properties are transferred to the Board.

(5)

All proceedings in respect of the transferred properties by or against the Housing and Urban Development Company or the Jurong Town Corporation which are pending on 1 May 1982 may be continued, completed and enforced by or against the Board.

(6)

Every agreement relating to any of the transferred properties to which the Housing and Urban Development Company or the Jurong Town Corporation was a party immediately before 1 May 1982, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if —

(a)

the Board had been a party to the agreement; and(b)for any reference to the Housing and Urban Development Company or the Jurong Town Corporation there were substituted in respect of anything to be done on or after 1 May 1982 a reference to the Board.

(7)

Any flat, house or other living accommodation which has been built on any land vested in the Board under subsection (1)(b) and which has been sold by the Jurong Town Corporation under Part IV of the Jurong Town Corporation Act 1968 as in force before 1 January 2018 is deemed to be a flat, house or other living accommodation sold by the Board under Part 4 of this Act.

Amended [34/2017]

(8)

In all applications made to and registered with the Jurong Town Corporation prior to 1 May 1982 for the purchase of any flat, house or other living accommodation mentioned in subsection (7), any reference to the Jurong Town Corporation is to be read as if it were a reference to the Board.[33

Section 40

Payment of compensation for transferred properties

(1)

The Board must pay to —

(a)

the Housing and Urban Development Company for the estates and interests in the lands vested in the Board under section 39(1)(a) such compensation as may be agreed between the Board and the Housing and Urban Development Company; and(b)the Jurong Town Corporation for the estates and interests in the lands vested in the Board under section 39(1)(b) such compensation as may be agreed between the Board and the Jurong Town Corporation.

(2)

Any dispute between the Board and the Housing and Urban Development Company or the Jurong Town Corporation as to the compensation to be paid under subsection (1) must be referred to an arbitrator to be appointed by the Minister and the decision of the arbitrator is final and binding on the parties.[34

Section 41

HUDC dwellings

All dwellings erected before or after 1 May 1982 on those lands which immediately prior to that date were vested in the Housing and Urban Development Company and are vested in the Board under section 39(1)(a) are to be known as HUDC dwellings after that date.[35

Section 42

Transfer of rights and obligations relating to applications for HUDC dwellings

(1)

Subject to this section, on and after 1 May 1982, all the rights and obligations of the Housing and Urban Development Company with respect to the sale of its dwellings (called in this Act HUDC dwellings) are transferred to the Board.

(2)

In all applications made to and registered with the Housing and Urban Development Company prior to 1 May 1982 for the purchase of HUDC dwellings, any reference to the Housing and Urban Development Company is to be read as if it were a reference to the Board.

(3)

The Board has power to vary the terms and conditions of any application made by an applicant and registered with the Housing and Urban Development Company prior to 1 May 1982 for the sale and purchase of a HUDC dwelling after that date.

(4)

Where an applicant refuses or fails to accept the terms and conditions as varied by the Board under subsection (3), the Board may cancel the applicant’s application and refund the registration fee paid to the applicant.

(5)

No proceedings shall be instituted in any court by the applicant against the Board to recover any loss suffered, directly or indirectly, by the applicant arising out of or caused by the cancellation of the applicant’s application under subsection (4).[36

Section 43

Charge on immovable property of Board

(1)

The Government is deemed to have a first charge, unless the Minister otherwise directs, on all immovable property at any time vested in or acquired by the Board to secure all moneys from time to time owing by the Board to the Government or lent by the Government to the Board.

(2)

Subject to subsection (1) and excepting only such charges, and mortgages as were created, or made by the Board with the Minister’s approval before the moneys became owing to or were advanced by the Government, that charge has priority over all other charges and mortgages.

(3)

The President by virtue of that charge may, at any time, so long as there are moneys owing by the Board to the Government —

(a)

sell the whole or any part of the immovable property of the Board, either by public auction or private contract, and on the sale execute a conveyance of the immovable property sold, which conveyance vests, without the concurrence of the Board, that property in the purchaser;

(b)

by notification in the Gazette declare that the whole or any part of the immovable property of the Board vests, on a date to be mentioned in the notification, in the Government, and thereafter the immovable property of the Board described in the notification vests, on that date, in the Government for all the estate, right, title and interest of the Board, freed and discharged from all charges and mortgages created or made by the Board, saving only such charges and mortgages as are excepted in subsection (2) and are subsisting securities;

(c)

appoint some person to receive the rents and other income which the Board is entitled to receive, or any portion thereof, and to apply the same in discharge of the amount due and of all expenses incurred in respect of the appointment of that person, and of the recovery by that person of the rents and income; and the person so appointed has for the recovery of the rents or other income, all and singular the powers conferred by this Act on the Board for that purpose.

(4)

Whenever any declaration has been made under this section, notice of the declaration must, in the case of registered land, be sent to the Registrar of Titles who must thereupon enter in the land-register a memorial of the registration of the vesting of the land in the Government and in other cases to the Registrar of Deeds who must thereupon make an entry in the books of the Registry of Deeds that the land described in the notification containing the declaration is vested in the Government.[37

Section 44

Chief Executive Officer

Amended [5/2018]Amended [5/2018]

(1)

There must be a Chief Executive Officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018 and Article 22A of the Constitution.

Amended [5/2018]

(2)

The Board may, subject to the Public Sector (Governance) Act 2018 and Article 22A of the Constitution, appoint an individual to act temporarily as the Chief Executive Officer during any period, or during all periods, when the Chief Executive Officer —

(a)

is absent from duty or Singapore; or(b)is, for any reason, unable to perform the duties of the office.[38

Amended [5/2018]

Section 45

Appointment of officers and employees

(1)

Subject to the disallowance under section 99(1) of any item or portion of any item in a budget, the Board may appoint and employ such officers as may be necessary for the purpose of this Act, and may dismiss them.

(2)

Subject to this section —

(a)

appointments and promotions of all employees must be made by the Board; and(b)determination of an appointment, dismissal and disciplinary control of the employees of the Board are vested in the Board.

(3)

The Minister may, with the consent of the Public Service Commission, declare by notification in the Gazette that any appointment and promotion of an officer or class of officers as the Minister thinks fit, and determination of an appointment, dismissal and disciplinary control of persons appointed as such officers, is to be vested in the Board acting on the advice of the Public Service Commission, and upon the declaration the Board must exercise those functions on the advice of the Public Service Commission.

(4)

Despite this section, the Chief Executive Officer may appoint persons temporarily for a period not exceeding 2 months.

(5)

The Board must, with the approval of the Minister, prescribe the rates of remuneration payable to persons employed by the Board, and no persons so employed may be paid otherwise than in accordance with those rates.[39

Section 46

Officers not to be interested in contracts in Singapore

(1)

A person is not eligible for employment as an officer of the Board if the person has, directly or indirectly, by himself or herself or his or her partner, any share or interest in any contract with, for or on behalf of the Board.

(2)

Any officer of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.

(3)

No officer is deemed to have or acquire any such share or interest by reason only that —

(a)

he or she is or becomes a member of an incorporated company which owns land situated in Singapore or has a contract with or executes work for the Board; or(b)he or she has or acquires a share in any loan issued by the Board or in any security for the same.[40

Section 47

Transfer of other officers of Singapore Improvement Trust

(1)

As from 1 February 1960, every officer of the Singapore Improvement Trust, not being an officer exclusively engaged in the planning functions of the Singapore Improvement Trust, is deemed to be transferred to the service of the Board at the same rate of pay and, as near as may be, on the same conditions of service, as those on which he or she was employed by the Singapore Improvement Trust.

(2)

Nothing in this section affects the right of the Board to terminate the employment of any such officer transferred to the service of the Board or to vary his or her rate of pay or conditions of service in the manner and to the extent that the Singapore Improvement Trust could have done had he or she continued in the service of the Singapore Improvement Trust.[41

Section 48

Pension schemes, provident fund, etc.

Amended [40/2019]

(1)

Subject to the approval of the Minister, the Board may make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such officers or classes of officers of the Board as the Board may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board.

(2)

The following provisions apply to any scheme established under this section:

(a)

no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board, is assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;

(b)

no donation by the Board or contribution by its officers made under any such scheme and no interest thereon is assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government;

(c)

no such donation, contribution or interest is subject to the debts of the contributor, nor does such donation, contribution or interest pass to the Official Assignee on the bankruptcy of the contributor, but, if the contributor is adjudicated a bankrupt or is declared insolvent by a court, the donation, contribution or interest is, subject to the provisions of this Act, deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;

(d)

the bankruptcy of a contributor does not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions must continue to be made despite the provisions of any written law, and the portion of salary so deducted is not to be deemed to form part of his or her after-acquired property;

(e)

subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor are deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of the deceased contributor, or under a nomination in such form as may be prescribed in the scheme, and are not to be deemed to form part of his or her estate or be subject to the payment of his or her debts, but are deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929;

(f)

any contributor may by a memorandum under his or her hand appoint a trustee or trustees of the moneys payable on his or her death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of the moneys and for the investment of the moneys; such a memorandum must be in the form prescribed in the scheme and must be deposited with the Board;

(g)

if at the time of any contributor’s death or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the General Division of the High Court; and(h)the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor is a discharge to the Board for any moneys payable on his or her death out of any such scheme.[42

Amended [40/2019]

Section 49

Power to sell and restrictions as to registration

(1)

The Board may, with the Minister’s approval, sell any developed land or part thereof.

(2)

The Registrar of Deeds and the Registrar of Titles must not, without the written consent of the Board, register any assurance relating to any developed land or part thereof which has been sold under the provisions of this Part.

(3)

The certificate of the Board that any developed land or part thereof has been sold under the provisions of this Part is conclusive evidence of that fact.[46

Section 50

Restrictions as to purchase

(1)

A person is not entitled to purchase any flat, house or other living accommodation sold subject to the provisions of this Part if the person, his or her spouse or any authorised occupier —

(a)

is the owner of any other flat, house, building or land or has an estate or interest therein; or(b)has, at any time within 30 months immediately prior to the date of making an application to the Board to purchase the same, or between the date of the application and the date of completion of the purchase of the flat, house or other living accommodation, sold any flat, house, building or land of which the person was the owner, or divested himself or herself of any interest therein.

(2)

Where a person purchases a flat, house or other living accommodation in contravention of subsection (1), the person must not present for registration under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993 the assurance of the flat, house or other living accommodation.

(3)

No proceedings shall be instituted in any court by the applicant against the Board to recover any loss suffered, directly or indirectly, by the applicant arising out of or caused by the cancellation of his or her application under subsection (2).[48

Section 52

Board and lessees to be discharged from certain restrictive covenant

(1)

Despite the provisions of any written law but subject to subsection (3), the Board and every lessee of any flat comprised in any building comprising flats sold by the Board is discharged, respectively, from the following covenant:

(a)

in the case of a lessee, from any covenant in the lease —

(i)

restricting or prohibiting the use of the flat for any trade, business, manufacture or commercial purpose;

(ii)

“flat” means any flat, house or other building or living accommodation sold by the Board under the provisions of this Part;

Definition

“transfer”, with reference to a flat, means the conveyance, sale, purchase, assignment, mortgage, charge or the disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, or a reconveyance, or the devolution of the rights of a deceased owner of a flat to another person, and “transferred” is to be construed accordingly.

(4)

Section 33 of the Legal Profession Act 1966 does not apply to any officer of the Board acting for any party to the transactions mentioned in subsection (1).[49

Property not to be used as security or attached, etc., and no trust in respect thereof to be created without approval of Board

Amended [18/2010; 35/2020]Amended [18/2010]Amended [18/2010]Amended [18/2010]Amended [35/2020]Amended [18/2010]Amended [18/2010]Amended [18/2010]Amended [18/2010]Amended [18/2010]Amended [18/2010]Amended [18/2010; 11/2013; 1/2020; 35/2020]

(1)

Subject to subsections (4) and (5), any contract or agreement to directly or indirectly use protected property (or the proceeds of sale of protected property) as security or collateral for any debt, obligation or claim is void.

Amended [18/2010; 35/2020]

(2)

Any act (including the deposit of title deeds), deed, instrument or document that purports to protect rights under or give effect to any contract or agreement that is void under subsection (1) is of no effect and does not result in or create any interest in land and is not capable of being registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993.

Amended [18/2010]

(3)

Where any deed, instrument or document mentioned in subsection (2) is registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993 —

(a)

the Board may, by an instrument lodged with the Registrar of Deeds or the Registrar of Titles (as the case may be) declare the deed, instrument or document to be void; and(b)the Registrar of Deeds or the Registrar of Titles must register the instrument lodged by the Board under paragraph (a) without being concerned to inquire into its regularity or validity, and upon registration of the instrument must cancel the registration of the deed, instrument or document declared by the Board to be void.

Amended [18/2010]

(4)

Subsection (1) does not apply if the security or collateral is to be created or granted in favour of —

(a)

the Board;

(b)

an approved financial institution; or(c)any person or person belonging to a class of persons prescribed by the Minister as a person to whom, or a class of persons to which, subsection (1) will not apply.

Amended [18/2010]

(5)

Subsection (1) does not apply to any contract, agreement or arrangement under which an approved financial institution uses any of its interest in any security over any protected property as security or collateral for the grant of any facility by the MAS to the approved financial institution.

Amended [35/2020]

(6)

No protected property is to vest in the Official Assignee on the bankruptcy of the owner thereof.

Amended [18/2010]

(7)

No protected property is to be attached in execution of an order of any court unless the order of the court is obtained by —

(a)

“approved financial institution” means —

(a)

any bank licensed under the Banking Act 1970;

(b)

any finance company licensed under the Finance Companies Act 1967;

(c)

“Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act 1993 and includes any Deputy Registrar of Titles and Assistant Registrar of Titles.[51

Amended [18/2010; 11/2013; 1/2020; 35/2020]

Section 59

Transfer of flat, house or other building on death of owner

Amended [29/2005]Amended [35/2020]

(1)

The transmission on the death of the owner, whether testate or intestate, or any transfer by the personal representatives of a deceased owner of a flat, house or other building that has been sold subject to the provisions of this Part must not be registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993 without the written consent of the Board.

(2)

Where the Board refuses to give its consent, the Board 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 other building vested in the Board.

(3)

Where —

(a)

no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or other building within 12 months from the death of the owner;

(b)

representation has been taken out but the personal representatives do not apply for the written consent of the Board for the transmission or transfer of the flat, house or other building within 6 months from the date of representation; or(c)representation has been taken out and the personal representatives have the written consent of the Board mentioned in paragraph (b), but the sale or transfer of the flat, house or other building is not completed within 12 months from the date of that written consent,the Board 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 other building vested in the Board.

Amended [29/2005]

(4)

Where, on the death of the owner of a flat, house or other building that has been sold subject to the provisions of this Part —

(a)

the lease in favour of the owner has not been registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993; or(b)no representation has been taken out under a will or on the intestacy of a deceased owner of the flat, house or other building within 12 months from the death of the owner,the Board may rescind the agreement for the lease of the flat, house or other building.

(5)

Where the Board decides to lodge an instrument under subsection (2) or (3) to have the flat, house or other building vested in itself or to rescind an agreement for a lease under subsection (4), the Board must —

(a)

serve a written notice on the 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 other building; and(b)in the case where no representation is taken out, serve a notice on the flat, house or other building and on all persons known or believed to have an interest or estate in the flat, house or other 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 subsection (2) or (3) or of its decision to rescind the agreement for a lease and of the compensation to be paid therefor and the date on which the instrument will be lodged, or the date the rescission is to take effect, not being a date earlier than 28 days after the date of the service of the notice.

(6)

The personal representatives and any person who is interested in the estate of the deceased owner may, within 28 days after the date of the service of the notice, appeal to the Minister whose decision is final and is not to be called in question in any court.

(7)

Where an appeal is made to the Minister pursuant to subsection (6), the Board must not proceed to lodge an instrument of vesting under subsection (2) or (3) until the appeal is disposed of.

(8)

The Registrar of Deeds or the Registrar of Titles (as the case may be) must register any instrument lodged under subsection (2) or (3) without being concerned to inquire into its regularity or validity and —

(a)

in the case of a flat, house or other building registered under the provisions of the Registration of Deeds Act 1988 — the Registrar of Deeds must make an entry in the books of the Registry that the flat, house or other building has been vested in the Board; and(b)in the case of a flat, house or other building registered under the provisions of the Land Titles Act 1993 — the Registrar of Titles must register the instrument on the relevant folio of the land-register without the necessity of the production of the duplicate certificate of title.

(9)

Upon the making of the entry or upon registration under subsection (8)(a) or (b), the title to and the estate or interest in the flat, house or other building vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles (as the case may be) must cancel the registration of any mortgage, charge or lease thereby overreached.

(10)

Where an appeal has been determined by the Minister or on the expiry of a period of 28 days after the service of the notice mentioned in subsection (5) and —

(a)

the personal representatives do not consent to receive the compensation;

(b)

where representation has not been taken out under a will or intestacy of the deceased owner; or(c)where there is any dispute as to the entitlement to or the apportionment of the compensation,the Board must apply to the Registrar of the Supreme Court ex parte by originating summons, supported by an affidavit, for an order to deposit the amount of the compensation in court and, despite anything to the contrary in the Rules of Court for the time being in force, the Registrar may make the order.

Amended [35/2020]

(11)

The compensation to be paid by the Board for any flat, house or other building vested in the Board under this section is to be determined by the Board.[52

Section 60

Establishment of management corporations

(1)

The owners of flats in any building of the Board must, as soon as possible after they are directed by the Board in writing, establish a body corporate under the name of “The Management Corporation for flat numbers . . . of the Housing and Development Board building situate in Lot number . . . in Town Subdivision or Mukim . . .”.

(2)

The Board must not, without the prior approval in writing of the Minister and without consulting all the owners of the flats in any building, make any direction, under subsection (1), upon owners of the flats of the Board in any building.

(3)

Where a direction of the Board under subsection (1) is not carried out, the Board may, with the approval of the Minister, by notification in the Gazette, authorise a company, incorporated under the provisions of any written law for the time being in force relating to companies, to exercise the functions, duties and powers of a management corporation.

(4)

The Board may, with the approval of the Minister, by notification in the Gazette revoke any authorisation granted to a company under subsection (3) without giving any reason.

(5)

A management corporation must be constituted by an order made by the Minister, which must be published in the Gazette.

(6)

Upon the constitution of a management corporation and so long as one exists in relation to a building, every owner of a flat in the building is —

(a)

a member of the management corporation; and(b)entitled to such voting rights as may be prescribed.

(7)

A management corporation, constituted under subsection (5), has perpetual succession and may sue and be sued in its name and do all other matters and things incidental or appertaining to a body corporate and not inconsistent with the provisions of this Act.

(8)

A management corporation must establish and maintain a fund for administrative purposes sufficient in the opinion of the corporation for the control, management and administration of the common property, for the payment of any rent, rates and premiums of insurance and the discharge of any other obligations of the corporation.

(9)

For the purposes of establishing and maintaining a fund in accordance with subsection (8), the management corporation may —

(a)

determine from time to time the amounts to be raised for the purposes referred to in that subsection;

(b)

raise amounts so determined by levying contributions on the owners in such proportions as may be prescribed; and(c)recover from any owner by an action in any court of competent jurisdiction any sum of money expended by the management corporation for rents, rates, premiums, maintenance or conservancy, or for repairs to the owner’s flat done by the management corporation or at its direction.

(10)

Subject to subsection (13), any contribution levied under subsection (9) is due and payable —

(a)

on the passing of a resolution to that effect and in accordance with the terms of that resolution; or(b)if the Board or a company (as the case may be) is performing the functions of a management corporation and has been vested with its powers, under section 61 on the service of a written notice and in accordance with the terms of that notice.

(11)

Any such contribution may be recovered by the management corporation or the company (as the case may be) in an action in any court of competent jurisdiction from the owner of the flat at the time when the resolution or notice (as the case may be) was passed or served and from the owner of the flat at the time when the action is instituted, both jointly and severally.

(12)

A certificate of the Board is conclusive evidence of the amount that may be due to the Board under subsection (10).

(13)

A management corporation must, on the application of any owner of a flat or any person authorised in writing by the owner, certify —

(a)

the amount determined as the contribution of the owner;

(b)

the manner in which that contribution is payable;

(c)

the extent to which the person’s contribution has been paid by the owner; and(d)the amount of any rates paid by the management corporation and not recovered by it.

(14)

In favour of any person dealing with the owner mentioned in subsection (13), such a certificate is conclusive evidence of the matters certified in the certificate.

(15)

A management corporation constituted under subsection (5) must not be wound up except by an order made by the Minister cancelling the order by which it was constituted.

(16)

Such an order must be published in the Gazette and must provide for the winding up of the management corporation and for its dissolution.[53

Section 61

Board or company may exercise powers of management corporation

The functions and duties of a management corporation may be performed and its powers are vested in and may be exercised by —

(a)

the Board —

(i)

where a management corporation has not been constituted under section 60(5); or(ii)where a management corporation, which had been constituted under section 60(5), has been wound up by an order under section 60(15); or(b)a company authorised by the Board under section 60(3).[54

Section 62

Determination of lease

(1)

Where a flat, house or other building has been sold by the Board under the provisions of this Act, the Board may re-enter upon the flat, house or other building or part thereof in the name of the whole and thereupon the lease determines absolutely —

(a)

if the rent reserved by the lease or any part thereof is unpaid for 3 calendar months after becoming payable and the Board has sent a written demand by registered post addressed to the purchaser at the flat, house or other building (whether the demand has been received by the owner or not);

(b)

if the owner has committed any breach of a condition against assigning, underletting or parting with possession of the flat, house or other building or any part thereof or has committed a breach of any other condition the breach of which is not capable of remedy and the Board has sent a written notice by registered post addressed to the owner or purchaser at the flat, house or other building (whether the notice has been received or not);

(c)

if any condition (being a condition the breach of which is capable of remedy) on the part of the owner is not performed or observed within 2 weeks after a written notice has been sent by the Board to the owner addressed to the owner at the flat, house or other building drawing the attention of the owner to the non-performance or non‑observance of the condition (whether the demand has been received by the owner or not);

(d)

if the owner has submitted a false statement in the owner’s application form for the purchase of the flat, house or other building;

(e)

if the owner has, in the opinion of the Board, committed a breach of any of the rules made under section 74(1)(g); or(f)if the owner has, without the prior written approval of the Board, used or allowed the use of the flat, house or other building otherwise than for the purpose permitted by the lease.

(2)

Any determination of a lease under subsection (1) does not affect any right of action or remedy of the Board in respect of any such breach or any other breach of the conditions contained in the lease.[55

Section 63

Board may compulsorily acquire property sold subject to the provisions of this Part

Amended [35/2020]Amended [13/2015]Amended [35/2020]

(1)

The Board may compulsorily acquire any flat, house or other living accommodation sold subject to the provisions of this Part, whether before or after 2 June 1975 —

(a)

if the owner thereof and his or her spouse (if any) has, in the opinion of the Board, ceased to occupy the same;

(b)

if the owner thereof, his or her spouse or any authorised occupier has at any time, whether before or after 2 June 1975, acquired whether by operation of law or otherwise any title to or an estate or interest in any other flat, house or building or land;

(c)

if the flat, house or other living accommodation has, without the prior written approval of the Board, been used otherwise than for the purpose permitted by the lease;

(d)

if the owner thereof has permitted any person other than an authorised occupier to reside or stay in the flat, house or other living accommodation;

(e)

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 written notice has been sent by the Board drawing the owner’s attention to the non‑performance or non-observance of the condition in the lease;

(f)

if the owner thereof has made a misleading or false statement in the owner’s application to the Board for the purchase of the same;

(g)

if the owner thereof has made a misrepresentation of a material fact, whether innocently or otherwise, to the Board relating to the purchase of the flat, house or other living accommodation;

(ga)

if the owner or any owner thereof made a misleading or false statement in the owner’s application to the Board for, or a misrepresentation of a material fact (whether innocently or otherwise) to the Board relating to —

(i)

the owner’s acquisition of the flat, house or other living accommodation or an interest in it from a related person; or(ii)the owner’s transfer of an interest in the flat, house or other living accommodation to a related person;

(h)

if the owner thereof assigns, underlets or parts with the possession of the same or any part thereof without obtaining the prior written consent of the Board as required by the lease;

(i)

if, in the opinion of the Board, the flat, house or other living accommodation is not being occupied by such minimum number of persons or by such persons as the Board may require;

(j)

if the owner thereof has at any time, whether before or after 2 June 1975, ceased to be a citizen of Singapore or if the owner thereof has, at any time whether before or after 1 May 1982, ceased to be a permanent resident of Singapore;

(k)

if the rent or any payment or any part thereof due to the Board reserved under the lease or mortgage remains unpaid for 3 calendar months after it is due and payable and the Board has sent a written notice of demand to the owner thereof;

(l)

if the purchase price or any loan for the purchase of the flat, house or other living accommodation has been paid in full or partially with any cash grant made by the Government to the owner and paid into the owner’s account with the Central Provident Fund pursuant to section 14 of the Central Provident Fund Act 1953 and the owner refuses or fails to return the money to the Government when the owner is required to do so under the terms of the grant;

(m)

if the owner thereof, his or her spouse or any authorised occupier above the age of 14 years has on or after 1 March 1984 been convicted of an offence under section 304A, 336, 337 or 338 of the Penal Code 1871 in connection with the throwing of any matter or thing from any property belonging to, sold by or leased from, the Board; or(n)if the owner thereof, his or her spouse or any authorised occupier has been convicted of an offence under any written law relating to immigration for giving food or shelter to any person who has entered, remained or stayed in Singapore in contravention of any written law relating to immigration or for assisting such person in any way to evade apprehension.

Amended [35/2020]

(2)

Subsection (1)(b) does not apply to any owner or his or her spouse or any authorised occupier who has purchased or acquired, with the prior written consent of the Board, any commercial property not exceeding in value $250,000 or such higher value as the Minister may allow, and that commercial property is used or intended to be used by any such person for business purposes.

(3)

Where the Board intends to exercise its powers of compulsory acquisition conferred by this section, the Board must serve a written notice on the owner of the flat, house or other living accommodation 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 other living accommodation (called in this Part an interested person) stating the intention of the Board to acquire the premises and the compensation to be paid therefor.

(4)

Where the owner or interested person is deceased —

(a)

any reference to the owner or interested person in subsections (3) to (7) includes a reference to any legal personal representative of the deceased;

(b)

if no legal personal representative is appointed in respect of the deceased owner, any notice required to be served by the Board on the deceased owner under this section may be served by affixing a copy of the notice in a conspicuous place at the flat, house or other living accommodation; and(c)if no legal personal representative is appointed in respect of the deceased interested person, any notice required to be served by the Board on the interested person under this section may be served by affixing a copy of the notice in a conspicuous place at the last known place of residence of the interested person immediately before the interested person’s death.

Amended [13/2015]

(5)

Any owner or interested person who objects to a proposed acquisition by the Board may, within 28 days after the service of a notice mentioned in subsection (3), submit in writing to the Board precisely the grounds upon which the owner or interested person objects to the acquisition and the compensation offered by the Board.

(6)

The Board must consider the objection and may either disallow it or allow it either wholly or in part, and must serve the owner or interested person by post or otherwise with a written notice of its decision.

(7)

Any appeal by any owner or interested person aggrieved by the decision of the Board must be made to the Minister within 28 days after the date of service of the decision on the owner or interested person and the Minister’s decision is final and not open to review or challenge on any ground whatsoever.

(8)

This section does not limit or affect the powers conferred upon the Board 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.

(9)

The compensation to be paid by the Board for any flat, house or other living accommodation compulsorily acquired by the Board under this section is to be determined by the Board.

(10)

The Minister may direct the Board to exempt any person or class of persons from all or any of the provisions of this section.

(11)

For the purposes of subsection (1)(ga), a person (A) is related to an owner of a flat, house or other living accommodation (B) if A is the spouse, a parent, remoter lineal ancestor, step‑parent, son, daughter, son‑in‑law, daughter‑in‑law, remoter issue, stepson, stepdaughter, brother or sister, or the spouse of a brother or sister, of B.[56

Amended [35/2020]

Section 64

Power to inspect, search, etc.

Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]

(1)

The Magistrate may, on the application of the Board, issue a warrant authorising the Board by one or more officers authorised by the Board (called in this section an authorised officer) to enter and search —

(a)

any flat, house or other living accommodation sold subject to the provisions of Part 4; or(b)any other premises (whether or not sold, leased or rented out by the Board) that the owner or occupier of that flat, house or other living accommodation may be residing in,(collectively called in this section the premises), if —

(c)

(b)

whether subsection (4) applies and, if so, the extent of its application.

Amended [13/2015]

(7)

The Magistrate may, in addition to the conditions in subsection (6), specify in any warrant such conditions as the Magistrate considers necessary for the proper execution of the warrant and the prevention of any breach of the peace.

Amended [13/2015]

(8)

An authorised officer entering the premises under a warrant may take such photographs, or audio or video recordings as the authorised officer thinks necessary of the premises (including anything in the premises).

Amended [13/2015]

(9)

If the owner or occupier is present when an authorised officer seeks to execute the warrant, the authorised officer must —

(a)

identify himself or herself to the owner or occupier;

(b)

show the owner or occupier —

(i)

his or her original identity card or such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and(ii)some duly authenticated document showing his or her authority;

(c)

For the purposes of investigating any ground under section 63(1) for acquiring any flat, house or other living accommodation, an officer authorised by the Board (called in this section an authorised officer) may do all or any of the following:

(a)

require any person who appears to be involved in or related to the matter under investigation to provide evidence of the person’s identity;

(b)

examine orally any person who appears to be acquainted with any of the facts or circumstances of the matter under investigation;

(c)

issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with any of the facts or circumstances of the matter under investigation, to attend before the authorised officer;

(d)

issue a written notice requiring any person whom the authorised officer reasonably believes to have —

(i)

any information; or(ii)any document or thing in the person’s possession, custody or control,relevant to the investigation, to —

(iii)

provide that information;

(iv)

produce that document or thing at the time and place stated in the notice; or(v)give the authorised officer access to that document or thing.

Amended [13/2015]

(2)

(1)

When the Board has made a decision under section 63 to compulsorily acquire a flat, house or other living accommodation, the Board 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 Board of the title to or the estate or interest in that flat, house or other living accommodation —

(i)

in the case where no objection has been made pursuant to section 63(5) — on the expiry of a period of 28 days after the date of service of the notice mentioned in section 63(3); 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 other living accommodation or part thereof in the name of the whole and thereupon any interest of the purchaser determines absolutely.

(2)

The Registrar of Deeds or the Registrar of Titles (as the case may be) must register any instrument lodged under subsection (1) without being concerned to inquire into its regularity or validity and —

(a)

in the case of a flat, house or other living accommodation registered under the provisions of the Registration of Deeds Act 1988 — the Registrar of Deeds must make an entry in the books of the Registry that the flat, house or other living accommodation has been vested in the Board; or(b)in the case of a flat, house or other living accommodation registered under the provisions of the Land Titles Act 1993 — the Registrar of Titles must register the instrument on the relevant folio of the land‑register without the necessity of the production of the duplicate certificate of title.

(3)

Upon the making of the entry or upon registration under subsection (2)(a) or (b), the title to and the estate or interest in the flat, house or other living accommodation vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles (as the case may be) must cancel the registration of any mortgage, charge or lease thereby overreached.[57

Section 67

Payment of compensation

Amended [13/2015]Amended [13/2015]Amended [13/2015]Amended [13/2015]

(1)

The Board must pay the compensation determined by the Board or varied by the Minister on an appeal to an owner or to both an owner and an interested person in such proportion as the Board may decide or as may be varied by the Minister.

(2)

The Board may apply to the Registrar of the Supreme Court for an order to deposit the compensation in court where —

(a)

any person entitled to the compensation refuses to accept it or cannot with due diligence be found;

(b)

there is any dispute as to the entitlement to or the apportionment of the compensation;

(c)

the Board is satisfied that any person entitled to the compensation is incapacitated by reason of mental illness and no donee of a lasting power of attorney or deputy has been appointed under the Mental Capacity Act 2008; or(d)the person entitled to the compensation is deceased and no legal personal representative has been appointed.

Amended [13/2015]

(3)

An application under subsection (2) is to be made ex parte by originating summons, supported by an affidavit.

Amended [13/2015]

(4)

Despite anything to the contrary in the Rules of Court, the Registrar of the Supreme Court may make an order under subsection (2) to deposit the compensation in court.

Amended [13/2015]

(5)

The Board may withhold any compensation payable in respect of any flat, house or other living accommodation vested in the Board under this Act to any person until the Board has taken possession of the flat, house or other living accommodation.

(6)

Any reference to compensation in subsections (2) and (4) includes a reference to any part of the compensation.[58

Amended [13/2015]

Section 68

Taking possession

(1)

Where any flat, house or other living accommodation has been vested in the Board pursuant to section 50, 59 or 66, the Board may proceed to take possession of the flat, house or other living accommodation on the expiry of a period of 30 days after the service of a notice on the owner thereof.

An application under subsection (7) is to be made ex parte by originating summons, supported by an affidavit.

Amended [13/2015]

(9)

Despite anything to the contrary in the Rules of Court, the Registrar of the Supreme Court may make an order under subsection (7) to deposit the balance of the sale proceeds or any part of it in court.[59A

Amended [13/2015]

Section 70

Giving false information

Amended [29/2005]

Any person who —

(a)

in relation to the purchase, mortgage, sale or transfer by the person or any other person of a flat, house or other living accommodation; or(b)in relation to any application (whether by the person or on behalf of another) to the Board for its permission, consent, approval or licence under this Act or any subsidiary legislation made under this Act,makes (whether orally, electronically, in writing or otherwise) any statement to the Board which is false, and which the person either knows or believes to be false or does not believe to be true, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.[60

Section 71

Direction of Minister to be conclusive evidence

(1)

If any dispute arises or should a ruling be required as to whether any property is a commercial property within the meaning of this Act, a direction by the Minister to the effect that the property is, or is not, a commercial property is conclusive evidence for all purposes.

(2)

Every direction under subsection (1) is final and is not to be called in question in any court or tribunal.[62

Section 72

Direction by Board to remove article or object placed in manner likely to cause damage to property, etc.

(1)

The Board may by written notice direct any owner, lessee or occupier of any flat, house or other living accommodation sold or leased under the provisions of this Act to remove any article or object placed by any window or on any balcony of or outside those premises in a manner which is likely to cause any damage to property or injury to life.

(2)

Any person who fails to comply with the direction of the Board given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction.[63

Section 73

Notice to quit, etc., not waived by payment made to Board

Where the Board has given notice to quit or notice of breach of condition, covenant or undertaking under a lease or licence agreement or any other agreement or notice of intention to compulsorily acquire, forfeit or re-enter any property provided under this Act, any money paid to the Board after the notice has been given is not to be construed as a waiver of the breach or intention to compulsorily acquire, to terminate a lease or licence agreement or to forfeit or re‑enter.[64

Section 74

Power to make rules

Amended [13/2015]

(1)

The Minister may make rules for giving effect to the provisions of this Part and, in particular, for or with respect to all or any of the following matters:

(a)

the terms and conditions for the sale of any flat, house or other building under the provisions of this Part;

(b)

the terms and conditions which the Board may impose in granting its consent under section 56 to any sale, lease, mortgage or disposal of a flat, house or other building; and those rules may provide that in specified circumstances, the Board is deemed for the purposes of that section to have granted its prior written consent subject to such terms and conditions;

(c)

the person to whom the flat, house or other building may be sold and the persons who are allowed to stay in it, including the qualifications as to income, the minimum number in the family, citizenship of and ownership of any other properties by all or any such persons;

(d)

a scheme of savings, by a prospective purchaser of a flat, house or other building, with the Board for the first minimum payment on a flat, house or other building;

(e)

the minimum first payment on the purchase of a flat, house or other building and the maximum period that may be allowed for the payment of the balance of the purchase price, together with the prescribed interest;

Section 76

Declaration of precincts

Amended [23/2005]

(1)

The Minister may, after consulting the Board, from time to time by order in the Gazette, declare any housing estate of the Board or any part thereof to be a precinct for the purposes of carrying out any upgrading works in the precinct.

(2)

Any order made under subsection (1) must include a plan with a description of the housing estate and the buildings within the precinct.

(3)

The Minister may, by order in the Gazette, revoke or amend any order made under subsection (1).

(4)

In this section, any reference to the Minister includes a reference to a Minister of State for the Ministry of National Development.[65B

Amended [23/2005]

Section 77

Upgrading works in precinct

Amended [1/2008]Amended [29/2005]Amended [1/2008]Amended [29/2005]Amended [1/2008]

(1)

Where a precinct has been declared under section 76, the Board must —

(a)

make arrangements to conduct in the manner prescribed a poll (in combination with another poll or otherwise) of prescribed owners of the flats within the precinct with a view to establishing their opinions about any proposal to carry out any of the following:

(i)

general upgrading works within the precinct together with specified upgrading works (if any) in any building within the precinct;

(ii)

special upgrading works within a building, or in relation to more than one building, in the precinct;

(iii)

flat upgrading works within any building in the precinct; and(b)do such other things as the Minister may direct.

Amended [1/2008]

(2)

A poll conducted in connection with any proposal to carry out special upgrading works within a building, or in relation to more than one building, in a precinct must be a poll of the prescribed owners of prescribed flats within the building or buildings (as the case may be), being flats the occupants of which directly benefit from the special upgrading works.

Amended [29/2005]

(3)

A poll conducted in connection with any proposal to carry out any flat upgrading works within any building in a precinct must be a poll of the prescribed owners of prescribed flats within the building.

Amended [1/2008]

(4)

The Board may, with the Minister’s approval, carry out general upgrading works within a precinct if it appears from a poll conducted under subsection (1)(a) of the prescribed owners of flats within the precinct that 75% or more of the total value in votes of all prescribed owners of all flats within the precinct have been cast in favour of the proposal to carry out those upgrading works.

(5)

Where the Minister has approved the carrying out of general upgrading works in a precinct under subsection (4), and —

(a)

in the case of a building comprising wholly of residential flats — it appears from a poll conducted under subsection (1)(a) of the prescribed owners of flats comprised in the building that 75% or more of the total value in votes of all prescribed owners of all flats in the building have been cast in favour of any proposal to carry out any specified upgrading works in the building; or(b)in the case of a building comprising residential and non‑residential flats —

(i)

it appears from a poll conducted under subsection (1)(a) of the prescribed owners of residential flats comprised in the building that 75% or more of the total value in votes of all prescribed owners of all such residential flats have been cast in favour of any proposal to carry out any specified upgrading works in the part of the building comprising residential flats; and(ii)it appears from another poll conducted under subsection (1)(a) of the prescribed owners of non‑residential flats comprised in the same building that 75% or more of the total value in votes of all prescribed owners of all such non‑residential flats have been cast in favour of any proposal to carry out any specified upgrading works in the part of the building comprising non‑residential flats,the Board may, with the Minister’s further approval, carry out those specified upgrading works in the building within the precinct.

(6)

Despite subsection (5), where it appears from the polls mentioned in subsection (5)(b) that the minimum percentage of value in votes have been cast in favour of the proposal to carry out any specified upgrading works in a building by the prescribed owners of residential flats in the building but not by the prescribed owners of non-residential flats comprised in that building, the Board may, with the approvals of the Minister mentioned in subsection (5), carry out the specified upgrading works in the part of the building comprising residential flats.

(7)

The poll mentioned in subsection (5)(b)(ii) must be conducted in relation to a building if it appears from the poll mentioned in subsection (5)(b)(i) that 75% or more of the total value in votes of all prescribed owners of all residential flats in the building have been cast in favour of the proposal to carry out specified upgrading works in the part of the building comprising residential flats, but not otherwise.

(8)

The Board may, with the Minister’s approval, carry out special upgrading works within a building, or in relation to more than one building, within a precinct if, and only if —

(a)

it appears from a poll of the owners mentioned in subsection (2) that 75% or more of the total value in votes of such owners within the building or buildings (as the case may be) have been cast in favour of the proposal to carry out special upgrading works within that building or in relation to those buildings; and(b)where the proposal is for the special upgrading works to be carried out within or in relation to any building in the precinct together with any general upgrading works within the precinct, it also appears from a poll of prescribed owners mentioned in subsection (4) that 75% or more of the total value in votes of all such owners of all flats within the precinct have been cast in favour of the proposal to carry out the general upgrading works in the precinct.

Amended [29/2005]

(9)

The Board may, with the Minister’s approval, carry out any flat upgrading works within any building or buildings within a precinct if, and only if, it appears from a poll of the owners mentioned in subsection (3) that 75% or more of the total value in votes of such owners of flats within each such building have been cast in favour of the proposal to carry out the flat upgrading works within that building.

Amended [1/2008]

(10)

No poll is invalid by reason of any failure to comply with any provision of this Part or any rules made thereunder relating to the conduct of a poll if it appears that the poll was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the poll.

(11)

In this section, “owner” includes the Board in respect of any flat which the Board has not sold the leasehold interest therein.

(12)

Any poll conducted by the Board before 1 April 1992 in any housing estate of the Board or any part thereof with a view to establishing the opinions of owners of the flats within the housing estate about proposals to carry out general upgrading works or specified upgrading works is deemed to be a poll conducted in accordance with this section.[65C

Section 78

Power to carry out upgrading works and to recover contribution

Amended [1/2008]Amended [1/2008]

(1)

As soon as practicable after the Minister has given his or her approval under section 77(4), (5), (8) or (9), the Board must carry out, in such manner as the Board thinks fit —

(a)

the general upgrading works within the precinct and, where applicable, the specified upgrading works in any building within the precinct;

(b)

the special upgrading works within a building, or in relation to more than one building, in a precinct; or(c)the flat upgrading works within any building in the precinct,as the case may be.

Amended [1/2008]

(2)

Where the Board has completed any general upgrading works or specified upgrading works in a precinct under this section, the Board may recover from —

(a)

the owner of every flat within the precinct the costs incurred by the Board in respect of the general upgrading works and the specified upgrading works (if any); and(b)the Town Council responsible for the maintenance of the common property within the precinct the costs incurred by the Board in respect of the general upgrading works carried out on the common property.

(3)

Where the Board has completed any special upgrading works or flat upgrading works in a building in a precinct under this section, the Board may recover the costs incurred by the Board in respect of the special upgrading works or flat upgrading works from —

(a)

every owner of such flats in the building as are mentioned in section 77(2) in the case of special upgrading works or section 77(3) in the case of flat upgrading works; and(b)the Town Council responsible for the maintenance of the common property comprised in the building if the special upgrading works or flat upgrading works have been carried out on the common property.

Amended [1/2008]

(4)

The amount of improvement contribution payable by the owner of a flat and a Town Council under subsection (2) or (3) is to be determined by the Board whose decision is final.

(5)

In this section and section 80, “owner”, in relation to any flat sold by the Board —

(a)

Any transfer or dealing in respect of a flat on or after the acceptance by the Registrar of Deeds or the Registrar of Titles (as the case may be) of the notice of vesting of the additional floor area of the flat or the instrument to vest the additional floor area of the flat presented by the Board for notification in the Registry of Deeds or Registry of Titles is deemed to include the additional floor area.

(5)

Any power exercised by the Board under section 78 or 79 in respect of any flat is deemed to have been properly exercised and the Registrar of Titles, the Registrar of Deeds and any purchaser of the flat need not be concerned to inquire into the regularity or validity of the exercise of the power.

(6)

For the purposes of notification or registration of any instrument under this section, the Registrar of Deeds or the Registrar of Titles (as the case may be) may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be.[65G

Section 82

Recovery of improvement contribution from sale of flat

Amended [23/2005]

(1)

Where any improvement contribution payable in respect of any flat to the Board under section 78 remains unpaid on the expiry of the period of 3 months after the Board has served on the owner of the flat a written demand of such contribution under section 80(1), the improvement contribution (including any interest and penalty thereon) constitutes a charge on the flat on the expiry of that period in favour of the Board.

(2)

Upon the constitution of the charge on a flat under subsection (1), the Board has the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the title to the flat to any purchaser as if the Board is a registered mortgagee even though the charge is not registered under the Land Titles Act 1993.

(3)

Any charge on a flat constituted under subsection (1) is subject to all encumbrances registered or notified prior to the date of the constitution of the charge and to all moneys due to the Board or the Central Provident Fund Board before and after the date of the constitution of the charge under the lease of the flat.

(4)

Subject to subsection (5), the Board may, by notice of sale to be served or published in the prescribed manner —

(a)

declare its intention of selling, on the expiry of the period of 3 months from the date of the notice of sale, any flat which is subject to a charge constituted under subsection (1); and(b)if on the expiry of that period, any improvement contribution (including any interest and penalty thereon) or any part thereof has not been paid or satisfied, sell the flat.

(5)

The Board must not proceed under subsection (4) to sell any flat in respect of which any improvement contribution (including any interest and penalty thereon) or any part thereof is due if there is upon the flat and liable to be seized and sold by the Board by writ of seizure and sale any movable property belonging to the owner of the flat of a value estimated by the Board to be sufficient to realise the sum required to satisfy the unpaid improvement contribution.

Amended [23/2005]

(6)

Where the Board has sold any flat under subsection (4), neither the purchaser of the flat nor the Registrar of Titles need be concerned to inquire into the regularity or validity of the sale or transfer.

(7)

For the purpose of registration of a transfer of any flat sold under subsection (4), the Registrar of Titles may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be.

(8)

The moneys received by the Board in exercise of its power of sale under subsection (4), after discharge of the prior encumbrances and the payment of moneys due to the Board specified in subsection (3) and all charges of any Town Council constituted under section 66 of the Town Councils Act 1988, must be held by it in trust to be applied —

(a)

firstly, in payment of all costs and expenses properly incurred by it as incidental to the sale or any attempted sale, or otherwise;

(b)

secondly, in discharge of the improvement contribution and interest and penalty accrued and due to the Board at the date of the sale;

(c)

thirdly, in discharge of the conservancy and service charges and interest accrued and due to a Town Council at the date of sale;

(d)

fourthly, in payment of subsequent mortgages and charges (if any) in the order of their priority; and(e)the residue of such moneys so received must be paid to the person who appears from the land-register kept under the Land Titles Act 1993 to be entitled to the flat sold or to be authorised to give receipts for the proceeds of the sale of the flat.

(9)

Any charge on a flat constituted under subsection (1) —

(a)

continues in force until all the improvement contribution (including any interest and penalty thereon) secured by the charge have been paid; and(b)upon payment of the improvement contribution (including any interest and penalty thereon) and any necessary incidental expenses to the Board before it has exercised its powers of sale under subsection (4), is discharged, and the owner of the flat is entitled to a certificate of discharge executed and acknowledged by the Board as to the receipt of the payment.[65H

Section 83

Recovery of payments due to Board

Amended [33/2018]

Any improvement contribution, interest and penalty payable to the Board under this Part may be recovered by the Board by an action for a debt in any court of competent authority.[65I

Section 84

Power of entry and compulsory acquisition

(1)

Any officer or person authorised by the Board may at any reasonable time, on giving 48 hours’ notice of his or her intention to the occupier and producing, if so required, some duly authenticated document showing his or her authority, enter any flat or building within a precinct for the purpose —

(a)

of carrying out any upgrading works within the flat or building;

(b)

of taking any action authorised or required by this Part or any rule to be taken by the Board; or(c)generally, of the performance by the Board of its function under this Part or any rule.

(2)

If it is shown to the satisfaction of a Magistrate’s Court on sworn information in writing that there is reasonable ground for entry into any premises for any of the purposes mentioned in subsection (1) and —

(a)

that admission to the premises has been refused, or that refusal is apprehended; or(b)that the premises are unoccupied or the occupier is temporarily absent,the Magistrate’s Court may by warrant authorise the Board by any authorised officer or person to enter the premises forcibly, if necessary.

(3)

A warrant must not be issued unless the Magistrate’s Court is satisfied —

(a)

that notice of the intention to apply for a warrant has been given to the occupier; or(b)that the premises are unoccupied, the occupier is temporarily absent and the case is one of urgency.

(4)

Any officer or person authorised by the Board entering any premises by virtue of this section, or of a warrant issued under this section, may take with him or her such other persons as may be necessary; and on leaving any unoccupied premises which he or she has entered by virtue of such a warrant must leave them as effectually secured against trespassers as he or she found them.

(5)

Any officer or person authorised by the Board entering any premises by virtue of a warrant issued under this section may do all or any of the following:

(a)

break open any outer or inner door or window leading to the premises;

(b)

forcibly enter the premises and every part of the premises;

(c)

remove by force any obstruction to such entry.

(6)

A warrant issued under this section continues in force until the purpose for which the entry is necessary has been satisfied.

(7)

Any person who wilfully obstructs a person acting in the execution of this Part or of any rule or warrant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction.

(8)

After the Minister has given his or her approval under section 77(4) or (5) in relation to any upgrading works in a precinct, the Board may compulsorily acquire the whole of any particular flat in the precinct for the purpose of those upgrading works to be carried out in that precinct.

(9)

Where the Board intends to exercise its powers of compulsory acquisition conferred by subsection (8), the Board must serve a written notice on the owner of the flat and all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the flat (called in this section an interested person) stating the intention of the Board to acquire the flat and the compensation to be paid therefor.

(10)

Any owner or interested person may, within 28 days after the service of a notice mentioned in subsection (9), submit in writing to the Board the owner’s or interested person’s objections to the compensation offered by the Board, stating precisely the grounds upon which the owner or interested person objects.

(11)

The Board must consider the objection and may either disallow it or allow it either wholly or in part, and must serve on the owner or interested person by post or otherwise a written notice of its decision.

(12)

Any appeal by any owner or interested person aggrieved by the decision of the Board must be made to the Minister within 28 days after the date of service of the decision on the owner or interested person, and the decision of the Minister is final.

(13)

The compensation to be paid by the Board for any flat compulsorily acquired by the Board under this section is to be determined by the Board.

(14)

This section does not limit or affect the powers conferred upon the Board 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.

(15)

Sections 66, 67 and 68 apply, with the necessary modifications, to any exercise of the power of compulsory acquisition under this section.[65J

Section 85

Power to make rules

The Minister may make rules for giving effect to the provisions of this Part and for the due administration thereof, and, in particular, for or with respect to all or any of the following matters:

(a)

prescribing the manner and procedure for obtaining the opinion of owners of flats for upgrading works;

(b)

prescribing the value in votes of owners of flats, including different values in respect of general upgrading works and specified upgrading works, and in respect of different classes of owners;

(c)

prescribing the manner for recovering the improvement contribution from owners of the flats and Town Councils;

(d)

to develop public housing on such parcels of land held under a State lease as the Minister may specify; and(b)to sell in accordance with this Part a lease of any housing accommodation built or to be built by the approved developer on that land.

Amended [29/2005]

(2)

An approved developer must not, without first obtaining the Minister’s consent, use any unsold housing accommodation built or to be built by the approved developer under this Part, or any part of such unsold housing accommodation, for a purpose that is not a prescribed purpose.

Amended [29/2005]

(3)

An approved developer is exempt from the provisions of —

(a)

the Housing Developers (Control and Licensing) Act 1965 with regard to the form of the contract or agreement for the sale between an approved developer and a purchaser of any housing accommodation; and(b)Part 4 of the Building Maintenance and Strata Management Act 2004 (Act 47 of 2004),with regard to its carrying out of any development, and to the sale of any housing accommodation it builds, under this Part.[65O

Amended [29/2005]

Section 90

Vesting of reversion, etc., in Board

Amended [29/2005]Amended [29/2005]Amended [29/2005]Amended [29/2005]Amended [29/2005]

(1)

At any time on or after the relevant date in respect of the housing accommodation built on any parcel of land by an approved developer under this Part, the Minister may, by notification in the Gazette, declare that —

(a)

the following vests in the Board:

(i)

the reversion immediately expectant on the lease of every housing accommodation sold by the approved developer;

(ii)

the entire estate in any commercial property built by the approved developer on that same parcel of land; and(iii)the entire estate in the common property (if any) built by the approved developer on that same parcel of land; and(b)a lease of each unsold housing accommodation vests in the approved developer.

Amended [29/2005]

(2)

Upon the publication of a notification mentioned in subsection (1) —

(a)

the reversion immediately expectant on every lease mentioned in subsection (1)(a)(i) vests in the Board, and the Board has all powers, rights and remedies to which the approved developer as the reversioner was by law entitled, and is subject, to all the covenants and conditions in the lease to be performed and observed by or on the part of the approved developer;

(b)

the entire estates in the commercial property and common property mentioned in subsection (1)(a)(ii) and (iii), respectively, vest in the Board free from all encumbrances; and(c)a lease of each unsold housing accommodation mentioned in subsection (1)(b) vests in the approved developer.

Amended [29/2005]

(3)

An approved developer whose land is the subject of a notification mentioned in subsection (1) is entitled to receive any compensation that is agreed (whether before, on or after the declaration is registered) between the Board and the approved developer.

Amended [29/2005]

(4)

After a notification mentioned in subsection (1) is published, the Board may take possession of the commercial property and common property described in that notification.

Amended [29/2005]

(5)

To avoid doubt, this section does not prejudice the enforcement —

(a)

An approved developer shall not be liable to any purchaser or former purchaser (as the case may be) for any loss suffered, directly or indirectly, by the purchaser or former purchaser solely on account of the cancellation of his or her application, or the termination of the sale and purchase agreement, by the approved developer in accordance with subsection (3).

Amended [29/2005]

(5)

Any purchaser of a housing accommodation sold under this Part who is aggrieved by the service of a written notice under subsection (3) in respect of his or her housing accommodation may, within 14 days after service of the notice, appeal to the Minister whose decision is final and is not to be called in question in any court.

Amended [29/2005]

(6)

Where an appeal has been made to the Minister under subsection (5), the approved developer must not proceed to lodge any instrument for the vesting of the title to or the estate or interest in the housing accommodation in itself until the appeal has been disposed of.

Amended [29/2005]

(7)

The Registrar of Titles must register any instrument mentioned in subsection (6) without being concerned to inquire into its regularity or validity, and upon its registration —

Borrowing powers

(1)

The Board may, from time to time, for the purposes of this Act, raise loans —

(a)

from the Government;

(b)

with the Minister’s approval and subject to the provisions of any written law, within or outside Singapore by any of the methods set out in subsection (3); or(c)from such other source within or outside Singapore as the Minister may direct.

(2)

The Board must pay interest on the loans at such rate and at such times, and must make such provisions for the mode and time or times of repayment of principal, as the Minister may approve.

(3)

The Board may, where the Minister’s approval has been obtained to borrow money under subsection (1), raise the money by —

(a)

mortgage;

(b)

charge, whether legal or equitable, on any property vested in the Board or on any revenue receivable by the Board under this Act or any other Act; or(c)the creation and issue of debentures, stocks or bonds or otherwise.

(4)

For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Board for the purchase of goods, materials or things.[66

Section 96

Issue of shares, etc.

As a consequence of the vesting of —

(a)

Presentation of financial statements and audit reports

Amended [5/2018]Amended [5/2018]

(1)

As soon as the accounts of the Board and the financial statements have been audited, a copy of the audited financial statements signed by the Chairperson and the Chief Financial Officer or the Chairperson and such officer of the Board as may be authorised in writing by the Board, together with a copy of any report made by the auditor, must be submitted to the Minister and the President.

Amended [5/2018]

(2)

The auditor may at any other time report to the Minister and the President upon any matter arising out of the performance of the auditor’s audit.[73

Amended [5/2018]

Section 103

Bank account

(1)

Subject to subsection (2), all moneys paid to the Board must immediately be paid into such bank or banks as may from time to time be approved by the Chairperson.

(2)

Subsection (1) does not apply to —

(a)

moneys paid for the purposes of a pension scheme or schemes or a provident fund or funds established under section 48;

(b)

moneys paid for the purposes of any separate fund or funds which the Board may by any written law or by any direction or sanction of the Minister under the provisions of this Act be required to administer; or(c)moneys deposited by any person in connection with the person’s tender to the Board.[75

Section 104

Payments to be made in accordance with budget

(1)

Payment must not be made by the Board unless the expenditure of the Board is covered by an item in a budget and a sufficient balance for the item is available.

(2)

Despite the absence of such provision, the Board may pay —

(a)

sums deposited by contractors or other persons whenever by the conditions of the deposit the sum has become repayable;

(b)

sums collected and credited to the funds of the Board in error;

(c)

sums payable by the Board under any award of a Collector or under any of the provisions of this Act or of any other written law relating to the acquisition of land for a public purpose or under any judgment or order of any court; and(d)any expenditure incurred to secure the proper execution of the functions and duties of the Board under this Act which in the opinion of the Board cannot be postponed except that the Board must report the payment immediately to the Minister and the President.

(3)

Provision must be made in a supplemental budget for any payment made under subsection (2)(c) or (d).[76

Section 105

Transfer of sums from one item to another

Despite any of the provisions of this Part, the Board may transfer all or any part of moneys assigned to one item of expenditure to another item under the same head of expenditure in a budget approved by the Minister and the President, except that the transfer is not inconsistent with any provision in any other Part.[77

Section 106

Power of investment

Amended [45/2004]

The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.[78

Section 107

Obstruction

Amended [13/2015]

Any person who obstructs any officer of the Board, or any person duly authorised by the Board in that behalf, in the performance of any thing which the Board is by this Act required or empowered to do shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months.[79

Section 108

Employee of Board may require evidence of identity in certain cases

Amended [29/2005]Amended [29/2005]Amended [29/2005]

(1)

In addition to the powers conferred on him or her by this Act or any subsidiary legislation made under this Act, an officer or employee of the Board may, in relation to any offence under this Act or such subsidiary legislation, on declaration of his or her office and production to the person against whom he or she is acting such identification card as the Chief Executive Officer may direct to be carried by officers or employees of the Board —

(a)

require any person whom he or she reasonably believes to have committed that offence to provide evidence of the person’s identity;

(b)

require any person to provide any information or produce any book, document or other record or a copy thereof in the possession of that person, and may, without fee or reward, inspect, make copies of or take extracts from the book, document or other record; or(c)require, by written order, the attendance before the officer or employee of any person within the limits of Singapore who, from any information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case.

Amended [29/2005]

(2)

Where any record mentioned in subsection (1)(b) is kept in electronic form, then —

(a)

the power of an officer or employee of the Board under subsection (1) to require the record to be produced for inspection includes power to require a copy of the record to be made available for inspection in legible form; and(b)the power of any officer or employee of the Board under subsection (1) to inspect the record includes power to require any person in question to give the officer or employee such assistance as he or she may reasonably require to enable him or her —

(i)

to inspect and make copies of the record in legible form or to make a record of information contained in that record; or(ii)to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of that record.

Amended [29/2005]

(3)

Any person who —

(a)

refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Board in the discharge of the officer’s or employee’s duties under this Act or any subsidiary legislation made under this Act;

(b)

wilfully misstates or without lawful excuse refuses to give any information or produce any book, document or other record or a copy thereof required of the person by an officer or employee of the Board under subsection (1); or(c)fails to comply with a lawful demand of an officer or employee of the Board in the discharge of the officer’s or employee’s duties under this Act or any subsidiary legislation made under this Act,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

Amended [29/2005]

(4)

Any Town Council established under section 4 of the Town Councils Act 1988 or —

(a)

any member of the Town Council or of any committee of the Town Council appointed under section 45 of that Act; or(b)any employee of the Town Council,to whom the Board has delegated any of its powers under section 35(6) who reasonably believes that any person has committed an offence under any rules made under this Act within the Town of the Town Council, may, subject to the production of his or her authority when requested, require the person to provide evidence of the person’s identity, and that person must thereupon provide such evidence of the person’s identity as may be so required.

(5)

Any person who refuses to provide any information required of the person by any police officer, employee of the Board or person referred to in subsection (4), or wilfully misstates such information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.[80

Section 109

Fines and financial penalties payable to Consolidated Fund, etc.

Amended [13/2015]Amended [13/2015]

(1)

All fines and financial penalties paid or recovered under this Act or any rules made under this Act are to be paid into the Consolidated Fund.

Amended [13/2015]

(2)

All members, officers and employees of the Board, in relation to their administration, assessment, collection or enforcement of payment of composition sums or financial penalties, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to such persons even though they are not or were not in the employment of the Government.[81

Amended [13/2015]

Section 110

Conduct of prosecutions

Amended [15/2010]

Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by any officer of the Board or any other person authorised in writing in that behalf by the Chairperson.[82

Section 111

Service of summons, notices, etc.

(1)

Unless otherwise expressly provided, every notice, order or document required or authorised by this Act to be served on the owner of a flat, house or building sold under the provisions of this Act is deemed to be sufficiently served —

(a)

if the same is delivered to the person or is delivered at the flat, house or building to some adult member or servant of the person’s family;

(b)

if it is sent to the person by registered post to the person’s flat, house or building (whether or not it has been received by the person); or(c)if it is affixed to some conspicuous part of the person’s flat, house or building.

(2)

Every notice, order or document required or authorised by this Act to be served on any person other than an owner of a flat, house or building sold under the provisions of this Act, and every summons issued by a court in connection with any offence under this Act, may be served on the person concerned —

(a)

by delivering the notice, document, order or summons to the person or to some adult member or servant of the person’s family at the person’s last known place of residence;

(b)

by leaving the notice, order, document or summons at the person’s usual or last known place of residence or business in a cover addressed to the person;

(c)

by sending the notice, order, document or summons by registered post addressed to the person at the person’s usual or last known place of residence or business;

(d)

where the person is a body corporate —

(i)

by delivering the notice, order, document or summons to the secretary or other like officer of the body corporate at its registered or principal office; or(ii)by sending the notice, order, document or summons by registered post addressed to the body corporate at its registered or principal office.

(3)

Any notice, order, document or summons sent by registered post to any person in accordance with subsection (2) is deemed to be duly served on the person to whom the letter is addressed at the time when the letter would, in the ordinary course of post, be delivered and, in proving service of the same, it is sufficient to prove that the envelope containing the notice, order, document or summons was properly addressed, stamped and posted by registered post.[83

Schedule 1

Housing and Urban Development Company

FIRST SCHEDULESection 39(1)(a)Housing and Urban Development CompanyDescription of LandReference to Land‑RegisterTown SubdivisionMukimLotTenureVolumeFolio18459 274458together with the buildings erected thereonlease for a term of 103 years commencing from 20 December 197419854 174490together with the buildings erected thereonlease for a term of 103 years commencing from 3 February 1975215114 151747together with the buildings erected thereonlease for a term of 102 years commencing from 30 November 1974224197 21617together with the buildings erected thereonlease for a term of 102 years commencing from 1 November 1974224199 21623together with the buildings erected thereonlease for a term of 102 years commencing from 1 November 19742252 21750together with the buildings erected thereonlease for a term of 102 years commencing from 1 November 19742253 21751together with the buildings erected thereonlease for a term of 102 years commencing from 1 November 19742254 21752together with the buildings erected thereonlease for a term of 102 years commencing from 1 November 1974224198 21619together with the buildings erected thereonlease for a term of 102 years commencing from 1 November 19742255 21753together with the buildings erected thereonlease for a term of 102 years commencing from 1 November 1974224200 21628together with the buildings erected thereonlease for a term of 102 years commencing from 1 November 197418457 253485together with the buildings erected thereonlease for a term of 103 years commencing from 30 June 19752055628 562together with the buildings erected thereonlease for a term of 103 years commencing from 6 July 1977200152 174487together with the buildings erected thereonlease for a term of 103 years commencing from 1 August 19772353 43980together with the buildings erected thereonlease for a term of 103 years commencing from 3 September 1979238115 44003together with the buildings erected thereonlease for a term of 103 years commencing from 15 September 1980180141 to 145 (both inclusive) 29790 to 794 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187417642 to 47 (both inclusive) 29633 to 638 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187417629 29620together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187417649 to 52 (both inclusive) 29640 to 643 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187417620 29611together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187417623 to 26 (both inclusive) 29614 to 617 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187417633 to 36 (both inclusive) 29624 to 627 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187417639 to 40 (both inclusive) 29630 to 631 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180153 to 159 (both inclusive) 29802 to 808 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180137 to 139 (both inclusive) 29786 to 788 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180131 to 135 (both inclusive) 29780 to 784 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180120 to 124 (both inclusive) 29769 to 773 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180116 to 117 (both inclusive) 29765 to 766 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180163 to 164 (both inclusive) 29812 to 813 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180166 to 170 (both inclusive) 29815 to 819 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180173 to 182 (both inclusive) 29822 to 831 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180185 to 189 (both inclusive) 29834 to 838 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418084 29733together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418081 29730together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418099 to 100 (both inclusive) 29748 to 749 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418095 to 97 (both inclusive) 29744 to 746 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418090 to 93 (both inclusive) 29739 to 742 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418075 to 78 (both inclusive) 29724 to 727 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180104 to 107 (both inclusive) 29753 to 756 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180110 to 113 (both inclusive) 29759 to 762 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874180126 to 129 (both inclusive) 29775 to 778 (both inclusive)together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418052 29701together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418057 29706together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418059 29708together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418064 29713together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418060 29709together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418065 29714together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418062 29711together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418067 29716together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418053 29702together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418054 29703together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418055 29704together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418056 29705together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418063 29712together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418088 29737together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418066 29715together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 187418061 29710together with the buildings erected thereonlease for a term of 999 years commencing from 10 February 1874243134 I1478together with the buildings being erected thereonlease for a term of 103 years commencing from 3 March 198024610427 686together with the buildings being erected thereon Reference to Subsidiary Strata Land-RegisterTown SubdivisionMukimLotTenureVolumeFolio4018822 189-15/16-Slease for a term of 99 years commencing from 2 June 19704018922 189-13/14-Slease for a term of 99 years commencing from 2 June 19704019722 189-13/14-Tlease for a term of 99 years commencing from 2 June 197041422 189-15/16-Ulease for a term of 99 years commencing from 2 June 197041522 189-13/14-Ulease for a term of 99 years commencing from 2 June 1970411222 189-15/16-Vlease for a term of 99 years commencing from 2 June 1970411322 189-13/14-Vlease for a term of 99 years commencing from 2 June 1970412022 189-15/16-Wlease for a term of 99 years commencing from 2 June 1970412322 189-9/10-Wlease for a term of 99 years commencing from 2 June 1970412922 189-13/14-Xlease for a term of 99 years commencing from 2 June 1970414522 189-13/14-Zlease for a term of 99 years commencing from 2 June 1970416022 189-15/16-2Clease for a term of 99 years commencing from 2 June 1970416122 189-13/14-2Clease for a term of 99 years commencing from 2 June 1970416522 189-5/6-2Clease for a term of 99 years commencing from 2 June 1970417722 189-13/14-2Elease for a term of 99 years commencing from 2 June 1970417922 189-9/10-2Elease for a term of 99 years commencing from 2 June 1970418222 189-3/4-2Elease for a term of 99 years commencing from 2 June 1970418422 189-15/16-2Flease for a term of 99 years commencing from 2 June 1970418622 189-11/12-2Flease for a term of 99 years commencing from 2 June 1970419122 189-1/2-2Flease for a term of 99 years commencing from 2 June 1970418522 189-13/14-2Flease for a term of 99 years commencing from 2 June 1970419322 189-13/14-2Glease for a term of 99 years commencing from 2 June 1970419422 189-11/12-2Glease for a term of 99 years commencing from 2 June 1970419622 189-7/8-2Glease for a term of 99 years commencing from 2 June 19704110022 189-15/16-2Hlease for a term of 99 years commencing from 2 June 19704110122 189-13/14-2Hlease for a term of 99 years commencing from 2 June 19704110222 189-11/12-2Hlease for a term of 99 years commencing from 2 June 19704110422 189-7/8-2Hlease for a term of 99 years commencing from 2 June 19704110922 189-13/14-2Ilease for a term of 99 years commencing from 2 June 19704111022 189-11/12-2Ilease for a term of 99 years commencing from 2 June 19704111122 189-9/10-2Ilease for a term of 99 years commencing from 2 June 19704111322 189-5/6-2Ilease for a term of 99 years commencing from 2 June 19704111622 189-15/16-2Jlease for a term of 99 years commencing from 2 June 19704111722 189-13/14-2Jlease for a term of 99 years commencing from 2 June 19704111822 189-11/12-2Jlease for a term of 99 years commencing from 2 June 19704111922 189-9/10-2Jlease for a term of 99 years commencing from 2 June 19704112022 189-7/8-2Jlease for a term of 99 years commencing from 2 June 19704112122 189-5/6-2Jlease for a term of 99 years commencing from 2 June 1970

Schedule 2

Jurong Town Corporation

SECOND SCHEDULESection 39(1)(b) and (3)Jurong Town CorporationDescription of LandPart 1(A) TAMAN JURONG (MUKIM 6)Reference to Land-RegisterTown SubdivisionMukimLotTenure: Lease for a term of 999 years commencing fromVolumeFolio19339 61090together with the buildings erected thereon17 October 196219338 61089together with the buildings erected thereon17 October 196219337 61088together with the buildings erected thereon17 October 196218335 6922together with the buildings erected thereon17 October 196218336 6923together with the buildings erected thereon17 October 1962141135 6809together with the buildings erected thereon17 October 1962141136 6810together with the buildings erected thereon17 October 1962141138 6812together with the buildings erected thereon17 October 1962141137 6811together with the buildings erected thereon17 October 1962141134 6808together with the buildings erected thereon17 October 1962141133 6807together with the buildings erected thereon17 October 196219335 61086together with the buildings erected thereon17 October 196219336 61087together with the buildings erected thereon17 October 1962206110 61270together with the buildings erected thereon17 October 1962206116 61276together with the buildings erected thereon17 October 1962206115 61275together with the buildings erected thereon17 October 1962206114 61274together with the buildings erected thereon17 October 1962206113 61273together with the buildings erected thereon17 October 1962206112 61272together with the buildings erected thereon17 October 1962206111 61271together with the buildings erected thereon17 October 1962(B) BOON LAY GARDEN (MUKIM 6)Reference to Land-RegisterTown SubdivisionMukimLotTenure: Lease for a term of 999 years commencing fromVolumeFolio19837 61096together with the buildings erected thereon17 October 196220310 61097together with the buildings erected thereon17 October 196219838 61098together with the buildings erected thereon17 October 1962206108 61284together with the buildings erected thereon17 October 1962206109 61285together with the buildings erected thereon17 October 1962206107 61283together with the buildings erected thereon17 October 1962206106 61282together with the buildings erected thereon17 October 1962203157 61264together with the buildings erected thereon17 October 1962203158 61265together with the buildings erected thereon17 October 19622108 61333together with the buildings erected thereon17 October 196220925 61326together with the buildings erected thereon17 October 196220926 61327together with the buildings erected thereon17 October 196220927 61328together with the buildings erected thereon17 October 1962209128 61314together with the buildings erected thereon17 October 1962209127 61313together with the buildings erected thereon17 October 1962209126 61312together with the buildings erected thereon17 October 1962209125 61311together with the buildings erected thereon17 October 1962209124 61310together with the buildings erected thereon17 October 1962209123 61309together with the buildings erected thereon17 October 1962206117 61267together with the buildings erected thereon17 October 196220924 61325together with the buildings erected thereon17 October 1962206118 61268together with the buildings erected thereon17 October 196220923 61324together with the buildings erected thereon17 October 196220922 61323together with the buildings erected thereon17 October 196220313 61167together with the buildings erected thereon17 October 196220312 61166together with the buildings erected thereon17 October 196220314 61168together with the buildings erected thereon17 October 196220315 61169together with the buildings erected thereon17 October 196220615 61289together with the buildings erected thereon17 October 196220613 61287together with the buildings erected thereon17 October 196220614 61288together with the buildings erected thereon17 October 196220616 61290together with the buildings erected thereon17 October 196222182 61415together with the buildings erected thereon17 October 1962(C) TEBAN GARDENS (MUKIM 5)Reference to Land-RegisterTown SubdivisionMukimLotTenure: Lease for a term of 103 years commencing fromVolumeFolio220160 53429together with the buildings erected thereon1 July 1977220161 53430together with the buildings erected thereon1 December 197621287 53331together with the buildings erected thereon1 January 1977220164 53434together with the buildings erected thereon1 December 1976220163 53433together with the buildings erected thereon1 December 1976220162 53432together with the buildings erected thereon1 December 197621285 53327together with the buildings erected thereon1 December 197621284 53326together with the buildings erected thereon1 December 197622160 53444together with the buildings erected thereon1 July 197722161 53445together with the buildings erected thereon1 July 197722162 53446together with the buildings erected thereon1 June 197722163 53447together with the buildings erected thereon1 September 197722164 53448together with the buildings erected thereon1 October 1977244131 53649together with the buildings erected thereon1 September 1980225112 53504together with the buildings erected thereon1 April 1979220175 53442together with the buildings erected thereon1 October 1977220176 53443together with the buildings erected thereon1 October 197721286 53329together with the buildings erected thereon1 April 1977244134 53652together with the buildings erected thereon1 February 1981244135 53653together with the buildings erected thereon1 February 1981244132 53650together with the buildings erected thereon1 January 198122197 53437together with the buildings erected thereon1 November 197622198 53438together with the buildings erected thereon1 November 197622192 53440together with the buildings erected thereon1 November 197622191 53439together with the buildings erected thereon1 November 197622196 53436together with the buildings erected thereon1 October 1977244133 53651together with the buildings erected thereon1 January 1981(D) PANDAN GARDENS (MUKIM 5)Reference to Land-RegisterTown SubdivisionMukimLotTenure: Lease for a term of 103 years commencing fromVolumeFolio220172 53462together with the buildings erected thereon1 March 197922010 53407together with the buildings erected thereon1 April 1978216106 53410together with the buildings erected thereon1 September 1978216165 53411together with the buildings erected thereon1 September 1978220173 53463together with the buildings erected thereon1 March 1979216167 53413together with the buildings erected thereon1 September 1978216166 53412together with the buildings erected thereon1 October 197822011 53408together with the buildings erected thereon1 May 19782209 53406together with the buildings erected thereon1 May 1978219190 53420together with the buildings erected thereon1 November 197822139 53419together with the buildings erected thereon1 November 197822138 53418together with the buildings erected thereon1 November 1978220174 53464together with the buildings erected thereon1 April 19792208 53405together with the buildings erected thereon1 April 1978(E) SEMBAWANG (MUKIM 13)Reference to Land-RegisterTown SubdivisionMukimLotTenure: Lease for a term of 103 years commencing fromVolumeFolio215157 13940together with the buildings erected thereon1 March 1975215158 13941together with the buildings erected thereon1 March 1975215159 13942together with the buildings erected thereon1 March 1975Part 2(A) TAMAN JURONG All that part of Lots 1124 and 1593 Mukim 6 together with the buildings thereon and delineated in red on Plan No. JTC/CB 1696-108 excluding all those lands described in Part 1 (A) of this Schedule and excluding all those lands as shown coloured yellow on the Plan. (B) BOON LAY GARDEN All the whole of Lots 1600 and 1559 Mukim 6 together with the buildings thereon and all that part of Lots 1560 and 1557 Mukim 6 together with the buildings thereon and delineated in red on Plan No. JTC/CB 1696-105 excluding all those lands described in Part 1 (B) of this Schedule and excluding all those lands as shown coloured yellow on the Plan. (C) TEBAN GARDENS All the whole of Lots 1795 and 3666 Mukim 5 together with the buildings thereon and all that part of Lots 3667 and 3668 Mukim 5 together with the buildings thereon and delineated in red on Plan No. JTC/CB 1696-107 excluding all those lands described in Part 1 (C) of this Schedule and excluding all those lands as shown coloured yellow on the Plan. (D) PANDAN GARDENS All that part of Lot 3738 Mukim 5 together with the buildings thereon and delineated in red on Plan No. JTC/CB 1696-106 excluding all those lands described in Part 1 (D) of this Schedule and excluding all those lands as shown coloured yellow on the Plan. (E) SEMBAWANG All that part of Lot 943 Mukim 13 together with the buildings thereon and delineated in red on Plan JTC/CB 327/2 excluding all those lands described in Part 1 (E) of this Schedule. Note: The Plans referred to in this Schedule may be inspected at the Singapore Land Authority, 55 Newton Road, #12‑01, Revenue House, Singapore 307987.

Housing and Development Act 1959

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ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF BOARD

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