Local Government Integration Act

Any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved under the Municipal Ordinance [1936 Ed. Cap. 133], the Local Government Ordinance 1957 [24/57] and the Burials Ordinance [1955 Ed. Cap. 212], shall, except where otherwise expressly provided in this Act or in any other written law, continue and be deemed to have been prepared, made, granted or approved, as the case may be, under this Act.

Notwithstanding the repeal of the Municipal Ordinance, the Local Government Ordinance 1957 and the Burials Ordinance, any subsidiary legislation made under those Ordinances, so far as it relates to matters falling within the scope of this Act and is not inconsistent with the provisions of this Act, shall remain in force within the respective areas of Singapore affected by that subsidiary legislation prior to the repeal of those Ordinances and shall have the force of regulations made under this Act until it has been revoked or replaced by subsidiary legislation issued or made under this Act:Provided that the Minister may by regulations made under section 92 vary, amend, extend or revoke such subsidiary legislation so remaining in force or any part thereof as he thinks fit.

In this Act, unless the context otherwise requires —

“aerial sign” means any sign, representation, communication or advertisement visible against the sky from any street or public place or any sound audible therefrom made, exhibited or displayed by or by means of an aircraft or other means not attached to premises other than a sign, representation, communication or sound made, exhibited, displayed or used for the purposes of aerial navigation;

“annual value” means annual value within the meaning of the Property Tax Act [Cap. 254];

“arcade” includes verandah;

“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure, support or foundation connected to the foregoing;

“Building Authority” means the Deputy Director-General (Development and Building Control) of the Public Works Department;

“City Council” means the City Council of Singapore originally incorporated by Indian Act No. 27 of 1857 and incorporated under and by virtue of the Municipal (Elections—Amendment) Ordinance 1948 [29/48] with the status of a City conferred by Royal Charter dated 24th July 1951 and as constituted under section 6 of the Local Government Ordinance 1957 [24/57];

“competent authority” means any competent authority appointed under section 3 of the Planning Act [Cap. 232].

“dwelling-house” includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;

“footway” includes footways and verandah-ways at the sides of streets;

“holding” means any piece or parcel of land held or possessed under an instrument of title, capable of being registered under the Registration of Deeds Act [Cap. 269], or where applicable under the Land Titles Act [Cap. 157], relating exclusively thereto;

“house” includes dwelling-house, warehouse, office, counting-house, shop, school, and any other building in which persons are employed;

“Municipal Provident Fund” means the Municipal Provident Fund established by the City Council under the provisions of the Municipal Ordinance [1936 Ed. Cap. 133] and continued and deemed to have been established under the Local Government Ordinance 1957 [24/57];

“occupier” means the person in occupation of the premises in respect of which the word is used or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;

“owner” means the person for the time being receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as receiver or who would receive the rent if the premises were let to a tenant and shall for the purposes of section 40 include a mortgagee not in possession and includes the person whose name is entered in the Valuation List authenticated under section 15 of the Property Tax Act [Cap. 254];

“port” means the port within the meaning of the Port of Singapore Authority Act [Cap. 236];

“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

“private street” means any street not being a public street;

“public bridge” means a bridge which carries a public street;

“public street” means any street over which the public has a right of way which was usually repaired or maintained by the City Council or the Rural Board before the commencement of this Act or which has been transferred to or has become vested in the Government under this Act or in any other manner;

“Public Utilities Board” means the Public Utilities Board established by section 3 of the Public Utilities Act [Cap. 261];

“regular line of street” means a line of street shown on the Master Plan as defined in the Planning Act [Cap. 232], and includes a regular line of street prescribed by the Singapore Improvement Trust under the Singapore Improvement Ordinance [1955 Ed. Cap. 259] and before 1st July 1927 by the Municipal Commissioners of the Town of Singapore;

“Rural Board” means the Rural Board, Singapore, constituted under the Municipal Ordinance [1936 Ed. Cap. 133];

“Singapore Improvement Trust” means the Singapore Improvement Trust constituted under the Singapore Improvement Ordinance;

“sky-sign” means any erection consisting of a frame, hoarding, board, bar, pillar, post, wire or any combination of such things, or any erection of a like nature, or any visible object which floats or is kept in position by wire or other flexible attachment, displayed for the purposes of trade or professional advertisement in such a position as to be conspicuously visible against the sky above the general level of the roofs of surrounding buildings from any street or public place;

“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public has a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of the street;

“street works” includes work of sewering, levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of water, gas or electricity services and otherwise the making good a street or part of the street;

“trade effluent” means the water-borne waste of any trade, business or manufacture;

“Treasury” means the Minister charged with responsibility for finance and includes any officer under the administrative control or direction of the Minister.

In any written law and in any document whatsoever, unless the context otherwise requires, any reference to a local authority or the City Council or the Rural Board or any officer thereof, shall be construed as a reference to the Government, Minister or public officer for the time being, under and by virtue of this Act, discharging the functions performed by such local authority, the City Council, Rural Board or any officer thereof, as the case may be, prior to the commencement of this Act.

Upon the commencement of this Act, all lands, buildings and other property, movable and immovable, of the City Council and of the Rural Board, including all assets, powers, rights, interests and privileges as well as debts, liabilities and obligations in connection therewith or appertaining thereto, other than those vested in and held by the City Council —

If any question arises as to which of the properties, movable or immovable, have been transferred to and vested in the Government under subsection (1), a certificate under the hand of the Minister shall be conclusive evidence of the vesting of such property, movable or immovable, in the Government.

The Minister for Finance may, by notification in the Gazette, direct that any of the assets and liabilities so deemed to have been transferred to and vested in the Government shall be transferred to and vested in the Public Utilities Board and they shall be vested in the Board with effect from the date specified in the direction.

In respect of the movable or immovable property transferred to the Government under this section —

All public streets, public sewers, public canals, public surface and storm water drains and public bridges and the pavements, stones and other materials thereof, and also all erections, materials, implements and other things provided for them shall be vested in the Government for the purposes of this Act.

The Minister may declare by notification in the Gazette that any unnavigable river or stream outside the limits of the port, together with such means of access thereto and along the same as are set forth in the declaration, is required for the purposes of this Act, and thereupon the river or stream including its bed specified in the declaration and the land forming that means of access shall become vested in the Government and shall be maintained and cleaned at the expense of the Government.

The Government shall make full compensation to the owner of any land for any damage which the owner sustains by reason of any such declaration as in subsection (2) mentioned and, if any dispute arises touching the amount of compensation, it shall be ascertained in the manner hereinafter provided:Provided that the owner shall not be entitled to any compensation for such damage under any other written law for the time being in force.

If any person wilfully removes, destroys or damages any property belonging to the Government by virtue of this Act or acquired by the Government for the purposes thereof, or hinders or prevents such property from being used or operated in the manner in which it is intended to be used or operated, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and a Magistrate’s Court may order him to pay compensation to the Government for any damage done by him.

Any private person may apprehend any person who in his view commits an offence under this section and shall on such apprehension without unreasonable delay hand over the person so apprehended to a police officer.

Any person who carelessly or accidentally removes, destroys or damages any property belonging to the Government by virtue of this Act or acquired by the Government for purposes thereof, or hinders or prevents such property from being used or operated in the manner in which it is intended to be used or operated shall pay by way of compensation to the Government such sum of money not exceeding $1,000 as a Magistrate’s Court thinks reasonable. Nothing in this subsection shall prevent the Government from taking legal proceedings for the recovery of the full amount of the damage caused by such person.

Upon the commencement of this Act, every person in the employment of the City Council who is not deemed to have been transferred to the service of the Public Utilities Board under section 42 of the Public Utilities Act [Cap. 261] shall be deemed to be transferred to the service of the Government at the same rate of pay and, as near as may be, on the same conditions of service as those on which he was employed by the City Council:Provided that in respect of those persons whose appointment to the public service is required by the Constitution to be made by the Public Service Commission, their transfer shall be subject to the approval of the Commission.

The service under the City Council of every person transferred to the service of the Government under this section shall be deemed to have been service under the Government for the purposes and subject to the provisions of the Pensions Act [Cap. 225].

Until rules are made under section 12, the Municipal (Provident Fund) Rules 1956, as from time to time amended, shall continue to apply to every person transferred to the service of the Government under section 9 who, immediately before the commencement of this Act, was a member of the Municipal Provident Fund, or would have been eligible for membership of that Fund if he had attained the age of 20 years and had passed a medical examination of the standard prescribed, in the like manner as those Rules applied to such persons immediately before the commencement of this Act, and every reference to service or employment with the City Council in those Rules shall be construed as a reference to service or employment with the Government in respect of such persons.

Until rules are made under section 12, the provisions of the Municipal (Provident Fund) Rules 1956, as from time to time amended, requiring the City Council to make payments into the Municipal Provident Fund shall apply to the Government and be construed as provisions requiring the Government to make payments into that Fund in respect of every person referred to in subsection (1) who is or who becomes a member of the Fund.

Persons who have been transferred to the service of the Government under section 9 may count their previous service in the City Council, and their previous membership of the Municipal Provident Fund and their contributions to that Fund, for the purpose of determining the benefits to which they become entitled under this section.

The Municipal Provident Fund shall continue and be deemed to have been established under this Act and shall be held, managed and administered as a Government fund separate from other Government funds.

Until rules are made under section 12, the Municipal (Provident Fund) Rules 1956 shall continue to have effect as though references therein to the powers and duties of the City Council in relation to the management and administration of that Fund were references to the powers and duties of the Minister.

The Minister may make such rules for the maintenance of the Municipal Provident Fund as he may consider desirable and, in particular, for —

Subject to subsection (3), no payments or other allowances on death, superannuation, resignation, retirement or discharge made or granted to persons out of the Municipal Provident Fund nor the rights of any contributor acquired thereunder shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever. No such payments or other allowances shall pass to the Official Assignee on the bankruptcy of that person, but if any such person is adjudicated a bankrupt or is declared insolvent by judgment of the court, such payments or other allowances shall be deemed to be impressed with a trust in favour of the objects entitled thereto on the death of that person. The bankruptcy of a member shall not affect the making of deductions from the salary of the member under the rules of the Municipal Provident Fund, but notwithstanding the provisions of any written law such deductions shall continue to be made notwithstanding the bankruptcy and the portion of salary so deducted shall be deemed not to form part of the member’s after-acquired property.

Notwithstanding subsections (2) and (4), the Minister shall be entitled —

Subject to subsection (3), all moneys paid out of the Municipal Provident Fund on the death of any member shall be deemed to be impressed with a trust in favour of the objects entitled thereto under the will or intestacy of such deceased person, and shall not be deemed to form part of his or her estate or be subject to his or her debts but shall be deemed to be property passing on his or her death for the purposes of the Estate Duty Act [Cap. 96].

Any member may by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of the Municipal Provident Fund and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof. Such memorandum shall be in such form as may be approved by the Minister and shall be deposited with the Government.

If at the time of the death of any member 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 High Court or a Judge thereof.

The receipt of a trustee or trustees duly appointed or in default of any such appointment and of written notice thereof to the Government the receipt of the legal personal representative of a deceased member shall be a discharge to the Government for any moneys payable on his death out of the Municipal Provident Fund.

The President may, by notification in the Gazette, appoint an officer to be called the Director-General of Public Works (referred to in this Part as the Director-General) also one or more officers to be called Deputy Directors-General of Public Works and one or more officers to be called Assistant Directors-General of Public Works who, subject to such limitations as may be prescribed by the Director-General, may perform all duties imposed and exercise all powers conferred on the Director-General by this Part, and every duty so performed and power exercised shall be deemed to have been duly performed and exercised for the purposes of this Part.

The Director-General may, subject to such conditions or restrictions as he thinks fit, delegate to any officer in Division I of the public service employed in the administration of this Part all or any of the powers, functions and duties vested in him by sections 18 to 21, and 35 to 37.

The Director-General shall, so far as the funds at his disposal will admit, cause all public streets together with the footways thereof, whether covered by arcades or not, to be maintained and repaired and may —

The Director-General may set up or affix to any buildings abutting on a public street, boundary stones or other marks to denote the width of the street.

Any person who removes, defaces or injures any such stone or mark shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

The owner and occupier of any premises in or against or to which such stone or mark is set up or affixed shall protect the same.

The expense of replacing any such stone or mark shall be paid by the occupier or, if the premises are unoccupied, by the owner, and shall be recoverable as hereinafter provided.

Where the Director-General intends to make any new street or widen, open, enlarge or otherwise improve any existing street, he may prepare a plan incorporating all premises set aside as street reserves pursuant to any development proposals approved by the competent authority and, by an instrument in the form approved by the Registrar of Titles or the Registrar of Deeds, as the case may be, declare that the street reserves shall vest in the Government.

Any plan prepared by the Director-General under this section shall comply with the requirements of the Land Titles Act [Cap. 157] in respect of registered land and of the Registration of Deeds Act [Cap. 269] in respect of other lands and shall show thereon the premises which will vest in the Government.

Such a declaration shall be published in the Gazette.

Where any street reserve that has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street reserve, the declaration shall be registered against those lots under the provisions of the Land Titles Act in respect of registered land and under the provisions of the Registration of Deeds Act in respect of other lands.

Where any street reserve that has become vested in the Government under this section comprises premises included in an existing lot or existing lots, the premises forming the street shall be excised from the existing lot or lots and the declaration shall be registered in respect of the excised portions under the provisions of the Land Titles Act in respect of registered land and under the provisions of the Registration of Deeds Act in respect of other lands.

Upon such registration the premises forming the street reserve shall vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting shall not be deemed to create a sub-division within the meaning of the State Lands Act [Cap. 314].

No compensation shall be payable for any premises vested in the Government pursuant to this section.

When the Director-General has pursuant to this section registered any instrument, he may take possession of the premises described therein and may proceed to demolish and remove any building or portion of any building forming part thereof.[16A

When the Director-General has made a new street or has widened, opened, enlarged or otherwise improved a public street, he may recover the cost of acquiring the land for, and of —

Such cost shall be paid by the persons who are the owners when the work is completed according to the frontage of their respective premises in such proportions as are settled by the Director-General.

If the owner of any such premises is dissatisfied with such apportionment of costs, he may appeal to the Minister whose decision shall be final.

The Director-General may, if he thinks fit, decide that in settling the apportionment regard shall be had to the following considerations:

The Director-General may, in any estimate of the expenses of street works, include reasonable charges in respect of surveys and superintendence.

The Government may, if it thinks fit, pay the whole or any part of the expenses of the street works, and the payment of part of the expenses may be made in such a manner as wholly to relieve the owner of any particular premises to the exclusion of other owners or to relieve him to a greater extent than other owners.

Section 64 shall apply to any sum payable by the owners under this section.

For the purposes of this section, the construction of a new street may include the widening, opening, enlarging or otherwise improving any part or parts of any existing private street for the purpose of constructing the new street.[17

Every person who intends to make any new street shall give notice in writing thereof to the Director-General, accompanied by a plan in duplicate, showing the intended level and construction of the street and the level of the houses to be built on land abutting upon it and the proposed manner of draining it, and by a statement whether the street is intended for a carriage road, or for foot traffic only, in order that the plan may be approved by the Director-General subject to compliance with such directions as may be given under subsection (2):Provided that the Director-General shall not approve the detailed plans of any new street unless the competent authority has first given written permission for the use of the land for this purpose under the provisions of the Planning Act [Cap. 232].

The Director-General may give written directions to the person submitting a plan for a new street with regard to any of the following particulars:

The person to whom any such written directions are so given shall amend the plan accordingly.

The person whose plan has been approved by the Director-General and each successor in title of that person, so far as the street lies in the land acquired by him, shall lay out the new street and demarcate its boundaries by such boundary stones or other marks as are considered sufficient by the Director-General to denote the length, width and alignment of the street.

If the new street has not been laid out and demarcated within the period of 6 calendar months from the date when the plan was approved by the Director-General, the Director-General may enter upon the land and demarcate the boundaries of the new street at the expense of the person whose plan has been approved or of his successor in title.

Any person who removes, defaces or injures any stone or mark set to denote the length, width or alignment of such new street shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.

The person whose plan has been approved by the Director-General or his successor in title so far as the street lies in the land acquired by the successor, shall, if he constructs the new street, construct it in accordance with the plans approved by the Director-General within such period as may be specified in the approval:Provided that the Director-General may in his discretion renew his approval for such period as he may consider necessary.

Any person who —

Where any new street is stated to be intended for foot traffic only, the Director-General may impose such conditions for ensuring that the street shall not be used as a carriage road as he thinks fit.

Any person who keeps open or uses such street in breach of such conditions shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and to a further fine not exceeding $50 for every day during or on which the offence continues or is repeated.

No person shall erect or maintain or permit to be erected or maintained any obstruction in any such street, and the Director-General may, where any such obstruction exists, take down and remove the same.

For the purposes of this section, “new street” shall be deemed to include the continuation of an existing street or the widening or alteration of any existing street or the adapting of a street made for foot traffic only for carriage traffic.

If the person giving a notice under subsection (1) is dissatisfied with any requisition or disapproval by the Director-General, he may, within 7 days from the receipt of such requisition or disapproval, appeal to the Minister whose decision shall be final.

If the Director-General does not, within two calendar months from the delivery of a notice and the plan under subsection (1) or of the date of the resubmission of the plan amended in pursuance of subsection (3), as the case may be, approve the plan, the plan shall be deemed to be approved unless the Director-General has previously disapproved it:Provided that nothing herein shall be construed to exempt the person submitting the plan from otherwise complying with the provisions of this Act or any regulations made thereunder.[18

Where any private street or part of a private street in the opinion of the Director-General requires the execution in respect of it of street works, the Director-General may from time to time decide with respect to that private street or part thereof to execute such street works as he considers necessary and the expenses incurred by the Director-General in executing those street works shall be apportioned (subject as in this section mentioned) among the premises fronting, adjoining or abutting on the private street or part thereof, and any such decision may include several private streets or parts thereof or may be limited to any part or parts of a private street.

The Director-General shall cause to be prepared plans and specifications of the street works and an estimate of the expenses thereof and a provisional apportionment of the estimated expenses among the owners of the said premises and shall serve a notice of his decision in the prescribed form upon each of the owners of the premises and upon the owners of such other premises (if any) as the Director-General in accordance with subsection (3) decides to include in the provisional apportionment, requiring them to execute to the satisfaction and in accordance with the directions in writing of the Director-General, such street works within such period as may be specified in the notice commencing from the date of the service of the notice.

In such a provisional apportionment of expenses of street works, the apportionment of expenses against the premises fronting, adjoining or abutting on the private street or part thereof in respect of which the expenses are to be incurred shall, unless the Director-General otherwise decides, be apportioned according to the frontage of the respective premises; but the Director-General may, if he thinks fit, decide that in settling the apportionment regard shall be had to the following considerations:

The Director-General in any estimate of the expenses of street works may include such reasonable charges in respect of surveys, superintendence and publication and service of notices as he may from time to time determine.

During one month from the date of the service of the notice, the plans, specifications, estimate and provisional apportionment prepared under subsection (2) shall be open to inspection by or on behalf of any person upon whom the notice has been served and by or on behalf of the owners of any building or holding listed in the Valuation List of the Comptroller of Property Tax for the time being in force, at the office of the Director-General, and that notice shall state that the aforesaid plans, specifications, estimate and provisional apportionment are so open to inspection as aforesaid during the usual office hours until a day, not less than one month from the date of the service of the notice, upon which the Director-General will consider any objections to the proposed street works or to the plans, specifications, estimate and provisional apportionment or any amendment thereof, and shall also state that in default of compliance with the requirements of the Director-General as stated in the notice, the Director-General will himself cause the street works to be executed.

The Government may, if it thinks fit, pay the whole or any part of the expenses of the street works and if it decides so to pay any part of those expenses, the provisional apportionment shall indicate the proportion of the expenses which the Government has decided to pay, and the payment of part of the expenses may be made in such a manner as wholly to relieve the owner of any particular premises served with a notice under this section to the exclusion of other owners or to relieve him to a greater extent than other owners.

The Director-General may from time to time amend the plans, specifications, estimate and provisional apportionment for any street works, but if by reason of such an amendment the estimate in respect of any private street or part thereof is increased or the provisional apportionment of the cost of the street works on any premises is increased, the notices previously served shall be withdrawn in the prescribed manner by the Director-General and fresh notices based on the amended plans, specifications, estimate and apportionment or any of them shall be served by the Director-General in accordance with subsection (2) and the amended plans, specifications, estimate and provisional apportionment shall be similarly open to inspection.

During the period of one month referred to in subsection (5), the owner of any premises shown in the provisional apportionment or amended provisional apportionment as liable to be charged with any part of the expenses of executing the street works may, by notice in writing in the prescribed form duly served upon the Director-General, object to the execution of the proposed street works and to the plans, specifications, estimate and provisional apportionment or any one or more of them or to any amendment thereof pursuant to subsection (7) on any one or more of the following grounds:

Objections may be made in writing and in accordance with the prescribed procedure and after valid objections have been inquired into and the persons making them have been allowed an opportunity of being heard in accordance with the prescribed procedure, the Director-General may at his discretion confirm or amend the plans, specifications, estimate and provisional apportionment.

The plans, specifications, estimate and provisional apportionment so confirmed or amended shall be open to inspection by the persons referred to in subsection (5) during the usual office hours at the office of the Director-General and notice in the prescribed form stating that they are open to inspection shall forthwith be published in the Gazette and in such other manner as the Director-General may determine.

Any person who is dissatisfied with the decision of the Director-General may within 14 days of the publication of the notice under subsection (10) appeal to the Minister whose decision shall be final.

If such street works are not commenced within 14 days from the date of such confirmation or amendment or the date on which the plans, specifications, estimate and provisional apportionment are confirmed or amended by the Minister, as the case may be, or having been commenced are thereafter suspended or are not completed within the period specified in the notice mentioned in subsection (2), the Director-General may, if he thinks fit, cause them to be executed and completed.

When the street works have been completed and the expenses thereof ascertained, the Director-General shall cause a final apportionment of the cost of the street works to be made by dividing the expenses in the same proportions as those in which the estimated expenses were divided in the provisional apportionment or amended provisional apportionment (as the case may be) and that final apportionment shall be conclusive for all purposes and notice of the final apportionment shall be served upon the owners of the premises affected thereby; and the sums apportioned thereby shall be recoverable in the manner provided in section 64.

If the expenses incurred in executing the street works as shown in the final apportionment exceed the estimated expenses as shown in the provisional apportionment or amended provisional apportionment (as the case may be), the owners of the premises affected shall not be liable to pay that part of the expenses as shown in the final apportionment which exceeds a sum equal to the estimates shown in the provisional apportionment plus 10% thereof.

Where street works have been executed to the satisfaction of the Director-General under this Part in respect of a private street or part of a private street, not being less than 11 metres wide, then on the requisition —

Such a declaration shall be published in the Gazette.

Where a street or part of a street that is declared to be a public street and to be vested in the Government comprises separate lots already set aside as part of a street, the declaration shall be registered under the provisions of the Land Titles Act [Cap. 157] in respect of registered land and under the provisions of the Registration of Deeds Act [Cap. 269] in respect of other land.

Where a street or part of a street that is declared to be a public street and to be vested in the Government comprises premises included in an existing lot or existing lots, the premises forming the street or part of the street shall be excised from the existing lot or lots and the declaration shall be registered against the excised portions under the provisions of the Land Titles Act, in respect of registered land and under the provisions of the Registration of Deeds Act in respect of other land.

Upon such registration the premises forming the street shall vest in the Government free from all encumbrances and where the premises are held under a statutory land grant such vesting shall not be deemed to create a subdivision within the meaning of the State Lands Act [Cap. 314].[20

Subject to this section where any building which is to be erected —

If any work is commenced for the erection of any new building in contravention of subsection (1), the person who, in the opinion of the Director-General, is responsible for the commencement of the work may be served with a notice, in writing, by the Director-General requiring that person to cease building operations forthwith.

If any work is commenced for the erection of any new building in contravention of subsection (1), the person who, in the opinion of the Director-General, is responsible for the commencement of the work shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term which may extend to 12 months or to both. That person shall also be liable to a fine not exceeding $100 for every day during which the contravention continues after his conviction.

If any notice served under subsection (2) is not complied with, the person who was served with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term which may extend to 12 months or to both, and to a further fine not exceeding $100 for every day during which the notice is not complied with. That person shall also be liable to a fine not exceeding $100 for every day during which the contravention of subsection (1) continues after his conviction.

Where any person has been convicted of an offence under subsection (3) or (4) and the erection of the building has been completed, the court before which the person is convicted may, in addition to the fine or imprisonment that it may impose under those provisions, order him to pay the amount of any deposit that he would have had to deposit under section 24(5). Such amount as may be ordered by the court may be recovered according to the law for the time being in force for the recovery of fines.

No prosecution for an offence under this section shall be instituted except by or with the sanction of the Director-General.

A certificate of the Director-General stating that he is of the opinion —

Every person shall, before commencing any work for the erection of any new building, submit an application in the prescribed form for the determination of the amount to be deposited, if any, for the execution of street works.

The Director-General shall —

Where no deposit is required, the Director-General shall issue a certificate to the person who made the application under subsection (1) in the prescribed form stating that no deposit is required to be made for the execution of street works before the commencement of building operations.

The Director-General shall, in making an order under subsection (2), have regard to the amount that could be recovered by the Director-General if he executed the street works under the provisions of this Act.

The Director-General shall serve a copy of the order on the person who is required to deposit the amount determined for the execution of street works. That amount shall be deposited with the Director-General within 14 days of the service of the copy of the order. Such a deposit shall not be refunded, except in accordance with section 26.

Any person who is dissatisfied with the order may, within 10 days of the service of the copy of the order, appeal to the Minister. The decision of the Minister on such an appeal shall be final and shall not be questioned in any court.[23

If street works are not commenced or executed to the satisfaction of the Director-General in any case where a deposit has been made under section 24(5), the Director-General may, at any time, after the service of a notice in the prescribed form execute or cause the street works to be properly carried out.

The costs of the execution of the street works or of causing the street works to be properly carried out by the Director-General shall be recovered from the deposit made under section 24(5).[24

Where a deposit has been made under section 24(5) and street works have been carried out to the satisfaction of the Director-General, the Director-General may, upon an application in the prescribed form, refund to the person who made the deposit the whole or part of the deposit.

The Director-General may retain the deposit or any part of the deposit, if he is of the opinion that —

In this section and in section 27, “building operations” means such works as are carried out for the erection of any new building, including works which are preparatory to the erection of a new building.[25

Any person who has made a deposit under section 24(5), and who subsequently decides not to proceed with the erection of any building, without having commenced any building operations, may give notice in the prescribed form to the Director-General of his intention not to proceed with the erection of the building.

A copy of such a notice shall be served upon the Building Authority. The Building Authority shall, upon receipt of the notice, cancel the approval of the plans and specifications in respect of the proposed building.

The Director-General shall, on an application in the prescribed form by a person who has given such a notice, refund the deposit or part thereof as he may determine.[26

If any street, not being a public street, is levelled, channelled, drained, paved, metalled, flagged and provided with lighting or otherwise made up to the satisfaction of the Director-General, he may, whether at the request of owners of premises fronting, adjoining or abutting on the street or otherwise, if he thinks fit, by writing under his hand, declare that at the expiration of one month from the date thereof the street shall become a public street.

A copy of such a declaration shall be forthwith posted up in some part of the said street.

At the expiration of the said period, unless the owners of the premises fronting, adjoining or abutting on the street or the owners of such premises having the greater part in value have, by notification to the Director-General in writing under their hands, objected thereto, the street shall become a public street and shall vest in the Government and for ever afterwards be repaired by the Government.

Such a declaration shall be published in the Gazette.

Where a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street, the declaration shall be registered against those lots under the provisions of the Land Titles Act [Cap. 157] in respect of registered land and under the provisions of the Registration of Deeds Act [Cap. 269] in respect of other land.

Where a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in an existing lot or existing lots, the premises forming the street shall be excised from the existing lot or lots and the declaration shall be registered in respect of the excised portions under the provisions of the Land Titles Act in respect of registered land and under the provisions of the Registration of Deeds Act in respect of other land.

Upon such registration the premises forming the street shall vest in the Government free from all encumbrances, and where the premises are held under a statutory land grant, such vesting shall not be deemed to create a subdivision within the meaning of the State Lands Act [Cap. 314].[27

The Director-General may, with the concurrence of the competent authority, decide that any private street or any part of a private street shall be widened to a width of not less than 11 metres throughout its length, and for this purpose may prepare a plan complying with the requirements of the Land Titles Act in respect of registered land and of the Registration of Deeds Act in respect of other land showing thereon the premises the acquisition of which will be rendered necessary to effect such widening and by deed may declare that the premises shall vest in the Government and may register the deed together with the aforesaid plan in accordance with the provisions of the Land Titles Act in respect of registered land and the Registration of Deeds Act in respect of other land.

Upon such registration the aforesaid premises shall vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting shall not be deemed to create a subdivision within the meaning of the State Lands Act [Cap. 314]:Provided that no part of the premises shall be deemed to be or to form part of a public street by reason of their having become vested in the Government or by reason of their subsequently being repaired or maintained by the Government notwithstanding the fact that the private street of which the premises may be deemed to form part may be a street over which the public has a right of way, but shall be deemed to be a part of that private street until the whole of the street or the entire width of that part of it adjoining those premises has been declared a public street in accordance with the provisions of this Part.

Whenever any premises other than those referred to in subsection (1) have been acquired by the Government pursuant to subsections (5) and (6), the Director-General shall prepare a plan complying with the requirements mentioned in subsection (1) of the premises so acquired and shall by deed declare that those premises have been acquired by the Government and upon registration of the deed together with the plan the premises shall vest in the Government free from all encumbrances.

When the Director-General has pursuant to this section registered any deed, he may take possession of the premises described therein and may proceed to demolish and remove any building or portion of any building forming part thereof.

Where the acquisition under this section of any portion of a building affixed to a holding renders useless the remainder of the building, the Government shall, if the owner so requires, acquire the remainder of the holding of which the building forms a part and shall pay compensation therefor in accordance with subsection (7).

Where the acquisition under this section of any portion of a holding having no building affixed to that portion or to the remainder of the holding would render useless as a building site the remainder of the holding, the Government shall, if the owner so requires, acquire the remainder of the holding, and shall pay compensation therefor in accordance with subsection (7).

Compensation for premises acquired under this section shall be paid to such owners thereof as require to be paid compensation in accordance with the following provisions:

Subject to this section, the compensation to be paid by the Government for any premises acquired under this section shall be ascertained in accordance with the provisions of the Land Acquisition Act [Cap. 152] and any other written law for the time being in force governing the acquisition of land for public purposes, as if the premises were acquired for a public purpose, the date of the aforesaid registration being substituted for the date of the declaration under section 5(1) of the Land Acquisition Act for the purpose of ascertaining the market value of the premises.

The total cost of acquisitions under this section shall be paid to the Government by the owners at the time of the apportionment mentioned in this subsection of the premises fronting, adjoining or abutting upon the street or part thereof so widened by the inclusion of the premises vested in the Government under subsection (2), in proportion to the frontages of the respective premises of those owners adjoining or abutting upon the street. The Director-General shall as soon as may be after completion of the acquisitions apportion that cost accordingly and may, without prejudice to any other remedies for the recovery thereof, recover the apportioned parts of the cost in the manner provided in section 64, and from the date of the apportionment until recovered the apportioned parts shall, subject and without prejudice to the rights of the Government, be first charges upon the premises to which they have been apportioned and such charges may be enforced and the remedies conferred by this subsection may be exercised against the respective premises or against any movable property or crops for the time being found thereon notwithstanding any changes in the ownership or occupation of the premises.[28

Where any private street or any part thereof is in a dangerous or defective condition, the Director-General may, by notice in writing, require —

If such owners, person, body of persons, society, firm or company fail or fails to comply with the requirements of the notice, the Director-General may himself cause the work to be done and the owners, person, body of persons, society, firm or company shall pay to the Government the cost and expense thereof in such proportions as are settled by the Director-General:Provided that if such owners, person, body of persons, society, firm or company fail or fails to commence the work before the date specified under subsection (1), the Director-General may in his discretion, notwithstanding that the period stated in the notice for the completion of the work has not yet expired, himself cause the work to be done and recover the cost and expense thereof in the manner provided in this subsection.

If the owner of any such premises, person, body of persons, society, firm or company is dissatisfied with the apportionment of costs, he may appeal to the Minister whose decision shall be final.

Notwithstanding subsections (1) and (2), the Director-General may, in his discretion, and so far as the funds at his disposal will admit, execute at the expense of the Government street works on any private street or any part thereof as may be considered necessary for or conducive to the public safety, health, convenience or comfort:Provided that the execution of such street works at the expense of the Government shall not affect the liability of such owners, person, body of persons, society, firm or company under subsections (1) and (2).

A certificate of the Director-General stating that he is of the opinion that such owners, person, body of persons, society, firm or company named in the certificate was responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purpose of any proceedings for the recovery of the cost and expense of repairing that private street.[29

The Director-General may in any case where he is of the opinion that any person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition by notice require him not to make further use of the private street for the purpose of transporting any matter, material or thing until such deposit as may be required under subsection (2) has been made with the Director-General.

The Director-General may, by order in writing, require any person who has been served with the notice to deposit with him such sum as may be required for causing the street to be properly repaired.

The Director-General shall in making an order under subsection (2) have regard to the cost and expense that would have to be incurred if he should cause the work to be done.

If any such notice is not complied with, the person who has been served with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both, and to a further fine not exceeding $100 for every day during which the notice was not complied with; and shall also be liable to a fine not exceeding $100 for every day during which the contravention of subsection (1) continues after conviction.

The certificate of the Director-General stating that he is of the opinion that the owner, person, body of persons, society, firm or company named in the certificate is responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purposes of any prosecution under this section.[30

The Director-General may as respects any land which is in process of development or appears to him likely to be used for building purposes at an early date, prepare a scheme showing the streets, back-lanes and open spaces which he considers necessary to secure proper sanitary conditions, amenity and convenience in connection with the laying out and the use of that land and of any neighbouring lands.

Upon the completion of the preparation of such a scheme, the Director-General shall —

Upon compliance with subsections (1) and (2) with respect to the publication of an advertisement and the service of notices, the Director-General shall apply to the Minister that an order may be made confirming the scheme.

The application shall be accompanied by a copy of the scheme, and shall state the names of the owners or reputed owners who have dissented from the scheme.

If on consideration of the application and on proof of the publication of the proper advertisements and the service of the proper notices the Minister thinks fit to proceed with the scheme, he may, after giving any person who has dissented from it and the Director-General an opportunity of being heard, in the case of the Director-General, by a person appointed by him or by counsel and, in the case of the person dissenting, either in person or by counsel, make an order declaring the limits of the area comprised in the scheme and authorising the scheme to be carried into execution.

Such order may be made either absolutely or with such conditions and modifications of the scheme as the Minister thinks fit.

The Minister at any time after any scheme has been authorised under subsection (5) may modify the scheme or any part thereof on the application of either the owner of the land affected or the Director-General, after giving every owner or reputed owner of any property which in his opinion is affected by such modification and the Director-General an opportunity to be heard, as to the owners, in person or by counsel, and, as to the Director-General, by a person appointed by him or by counsel.

Any plan forming part of any scheme made under this section shall, for the purposes of section 5 of the Building Control Act [Cap. 29], have the same effect as a plan approved by the Building Authority under that section:Provided that the duty imposed by subsection (5) thereof shall not attach to any person unless he submits a plan for the erection of a building on some part of the land comprised in the plan under section 5 of the Building Control Act.[31

When any building or any part thereof within a regular line of street prescribed under the Planning Act [Cap. 232] or the Singapore Improvement Ordinance [1955 Ed. Cap. 259], or prior to 1st July 1927, prescribed under section 107 of the Municipal Ordinance [1936 Ed. Cap. 133] falls down or is burned down or is taken down, the Director-General shall take possession of the portion of land within the regular line of the street theretofore occupied by the building and, if necessary, clear it.

If any land, whether open or enclosed, lies within the regular line of a public street and is not occupied by a house, or if a platform, verandah, step or some other structure external to a house abutting on a public street or a portion of a platform, verandah, step or other such structure is within the regular line of such street, the Director-General may, after giving to the owner of the land or building not less than 7 clear days written notice of his intention to do so, take possession of that land with its enclosing wall, hedge or fence (if any) or of the said platform, verandah, step or other structure as aforesaid or of the portion of that platform, verandah, step or other structure as aforesaid and, if necessary, clear it.

Land acquired under this section shall thenceforward be deemed a part of the public street and shall vest as such in the Government.

Compensation for all lands acquired by the Government under this section shall be ascertained in accordance with the provisions of the Land Acquisition Act [Cap. 152] and any other written law for the time being in force governing the acquisition of land for public purposes, as if the lands were acquired for a public purpose, the date on which the regular line of street was prescribed being substituted for the date of the declaration under section 5(1) of the Land Acquisition Act [Cap. 152] for the purpose of ascertaining the market value of the land.[32

Wherever there is a frontage to the public street vacant of houses to a depth of 1.2 metres or more, the Director-General may, by notice in writing, require the owner or owners of such vacant frontage or the owners of the several frontages making up the same forthwith to allow without compensation a footway of a width of 2.1 metres or equal to the vacant depth of the frontage whichever is less, to be made for the use of the public along the frontage, and, if necessary for this purpose, to set back any wall, fence, paling, hedge or other similar erection separating his or their land from the public street to a distance not exceeding 2.1 metres from the edge of the street within 3 months from the date of the notice.

The cost of constructing and maintaining any footway proposed to be made under the powers given in this section, as well as the cost of setting back any such erection as aforesaid, shall be borne by the Government and the notice or notices required to be given shall contain an offer by the Government to pay the cost of carrying out such work.

The footway shall be made of such material and in such a manner as the Director-General may determine.

On receipt of the notice, the owner or owners may either execute the work as regards their respective frontages or require the Director-General to do so, and, in the former case, if any owner fails to complete the work within the time specified in the notice, the Director-General may enter upon his land and carry out the work.

In every case where a footway is made under this section, the Director-General shall deliver to each owner of the land a plan showing the land taken for the footway with a declaration endorsed thereon under the hand of the Minister to the effect that the land has been taken under this section for use as a public footway, subject nevertheless to the right of each owner and his successors in title at any time to build in such manner and to such extent as he would have been entitled to build if the land had not been taken for use as a public footway.

The Director-General may cause such lamp-irons, lamp-posts or other lighting apparatus to be put up or fixed upon or against the walls or palisades of any building or enclosure, doing as little damage as is practicable thereto, or to be put up or erected in such other manner within any street, road or place as he thinks proper and may cause such number of lamps of such sizes and sorts to be provided and affixed and put on such lamp-irons and lamp-posts as are necessary for lighting all or any of such streets, roads and places and cause the same to be lighted during such hours as are necessary.

The owner of every house or building shall, within 21 days after notice from the Director-General to that effect, put up and keep in good condition proper troughs, gutters and pipes for receiving and carrying the water from the roof and other part of the house or building and for discharging it in such manner as the Director-General may direct so that it shall not fall upon persons passing along the street or enter any sewer.

If the notice is not complied with, the Director-General at any time after the expiration of the time so specified may cause the work to be done and the cost and expenses of so doing shall be paid to the Government by the owner in default.[33

If the Director-General considers it necessary for the purposes of this Act to raise, sink or otherwise alter the situation of any water-pipe, gas-pipe or other waterworks or gas-works, electric lighting cable or main telegraph wire or other electric lighting apparatus or telegraph apparatus laid in any street, he may by notice in writing require the person to whom any such pipes, works, cables, mains or apparatus belong or under whose control they are, to cause forthwith, or as soon as conveniently may be, any such pipes, works, cables, mains or apparatus to be raised, sunk or otherwise altered in position in such manner as he directs, provided that the alteration is not such as permanently to injure such works, cables, mains or apparatus or to prevent the water or gas from flowing as freely and conveniently as before.

The expenses attending such raising, sinking or altering, and full compensation for the damage done thereby, shall be paid by the Government as well to the persons to whom such pipes, works, cables, mains or apparatus belong as to all other persons.

If any dispute arises touching the amount or apportionment of such compensation, it shall be settled in the manner hereinafter provided.[34

If the roadway, drain or verandah-way in or adjoining any street is endangered or is damaged by or in consequence of any excavation on land adjoining the roadway, drain or verandah-way, the Director-General may repair and make good the damage done or cause remedial action of a preventive nature to be effected.

All costs and charges arising therefrom shall be paid to the Government by the owner of the land on which the excavation has been made.[36

Where upon the submission of a plan relating to a building for the approval of the Building Authority under section 5 of the Building Control Act [Cap. 29], it appears that the site thereof or any land set apart by the person submitting the plan abuts upon any land capable of forming part of a back-lane in conformity with a line laid down by the competent authority for a back-lane, the Director-General may, if he thinks fit, acquire the last mentioned land on behalf of the Government and shall notify the owner accordingly:Provided that no land shall be acquired under this subsection the acquisition of which would cause a severance of land from other land forming part of the same holding.

Where any land is set apart or acquired under this section, the Director-General may prepare a plan of the land or any part thereof and by writing declare that it has been acquired by the Government under this section, and, in the event of his so doing, shall register that declaration together with that plan under the Land Titles Act [Cap. 157] in respect of registered land and under the Registration of Deeds Act [Cap. 269] in respect of other land.

Upon such registration under subsection (2), the land comprised in the plan shall be deemed to have vested in the Government for the purposes of this Act freed from all encumbrances thereon, and, where the land is held under a statutory land grant, such setting apart or acquisition shall not be deemed to be a subdivision within the meaning of the State Lands Act [Cap. 314].

After such registration the Director-General shall with all reasonable speed proceed to demolish and remove any building or portion of a building which is on the land so vested in the Government.