Section 1
Short title
This Act may be cited as the Urban Redevelopment Authority Act.
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Part I
Short title
This Act may be cited as the Urban Redevelopment Authority Act.
Interpretation
In this Act, unless the context otherwise requires —“Authority” means the Urban Redevelopment Authority established under section 3;“Board” means the Housing and Development Board constituted under the Housing and Development Act [Cap. 129];“building” includes any house, flat, hut, shed, roofed enclosure or other accommodation, whether used for the purpose of 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 or foundation connected to the foregoing;“Chairman” means the Chairman of the Authority appointed under section 4(1);“Collector” means an officer appointed by the President to be a Collector of Land Revenue or a Deputy Collector of Land Revenue;“common property” has the same meaning as in the Buildings and Common Property (Maintenance and Management) Act [Cap. 30];“competent authority” has the same meaning as in the Planning Act [Cap. 232];“develop” has the same meaning as in section 10 of the Planning Act;“developed land” means land of the Authority upon which a building has been erected;“flat” means a horizontal stratum of a building or part thereof, whether such stratum or part is on one or more levels or is partially or wholly below the surface of the ground;“General Manager” means the General Manager of the Authority appointed under section 29 and includes a person for the time being performing the functions of the General Manager;“land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;“Master Plan” has the same meaning as in the Planning Act;“member” means a member of the Authority appointed under section 4(1);“monument” has the same meaning as in the Preservation of Monuments Act [Cap. 239];“Municipal Provident Fund” means the Municipal Provident Fund established by the City Council under the provisions of the repealed Municipal Ordinance [1936 Ed. Cap. 133] and continued and deemed to have been established under section 11 of the Local Government Integration Act [Cap. 166];“parking place” has the same meaning as in the Parking Places Act [Cap. 214];“property” includes houses, buildings, lands and tenements;“unit” includes a flat, a shop, an office or other tenement within an urban redevelopment area;“urban redevelopment” includes the construction, reconstruction, extension, repair, alteration, change of use, aggregation and sub-division of a building and change of use, aggregation and sub-division of land;“urban redevelopment area” means an area with or without any building therein declared by notification in the Gazette under section 17(1) to be an urban redevelopment area for the purposes of this Act;“Urban Renewal Department” means the Urban Renewal Department of the Housing and Development Board.
“Authority” means the Urban Redevelopment Authority established under section 3;
“Board” means the Housing and Development Board constituted under the Housing and Development Act [Cap. 129];
“building” includes any house, flat, hut, shed, roofed enclosure or other accommodation, whether used for the purpose of 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 or foundation connected to the foregoing;
“Chairman” means the Chairman of the Authority appointed under section 4(1);
“Collector” means an officer appointed by the President to be a Collector of Land Revenue or a Deputy Collector of Land Revenue;
“common property” has the same meaning as in the Buildings and Common Property (Maintenance and Management) Act [Cap. 30];
“competent authority” has the same meaning as in the Planning Act [Cap. 232];
“developed land” means land of the Authority upon which a building has been erected;
“flat” means a horizontal stratum of a building or part thereof, whether such stratum or part is on one or more levels or is partially or wholly below the surface of the ground;
“General Manager” means the General Manager of the Authority appointed under section 29 and includes a person for the time being performing the functions of the General Manager;
“land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
“member” means a member of the Authority appointed under section 4(1);
“monument” has the same meaning as in the Preservation of Monuments Act [Cap. 239];
“Municipal Provident Fund” means the Municipal Provident Fund established by the City Council under the provisions of the repealed Municipal Ordinance [1936 Ed. Cap. 133] and continued and deemed to have been established under section 11 of the Local Government Integration Act [Cap. 166];
“parking place” has the same meaning as in the Parking Places Act [Cap. 214];
“unit” includes a flat, a shop, an office or other tenement within an urban redevelopment area;
“urban redevelopment” includes the construction, reconstruction, extension, repair, alteration, change of use, aggregation and sub-division of a building and change of use, aggregation and sub-division of land;
“urban redevelopment area” means an area with or without any building therein declared by notification in the Gazette under section 17(1) to be an urban redevelopment area for the purposes of this Act;
“Urban Renewal Department” means the Urban Renewal Department of the Housing and Development Board.
Part V
General Manager of Authority
The Authority shall, with the approval of the Minister, appoint a General Manager of the Authority on such terms and conditions as the Authority may think fit.
If the General Manager is temporarily absent from Singapore or temporarily incapacitated by illness or for other reasons temporarily unable to perform his duties, another person may be appointed by the Authority with the approval of the Minister to act in the place of the General Manager during such period of absence from duty.[28
Appointment of staff
The Authority may —
appoint such number of employees on such terms as to remuneration or otherwise as the Authority may determine; and(b)engage and remunerate for their services such persons or agents as the Authority considers necessary for carrying out its functions and duties.
The termination of appointment, dismissal and disciplinary control of the employees of the Authority shall be vested in the Authority.
The Authority may make rules, not inconsistent with the provisions of this Act or of any other written law, for the appointment, promotion, dismissal, termination of service, disciplinary control and terms and conditions of service of all persons employed by the Authority.[29
Pension schemes, provident fund, etc.
The Authority may, with the approval of the Minister, make regulations for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to persons transferred to the service of the Authority under section 12(1)(b) or to their legal personal representatives or dependants, on the death or retirement of such persons from the service of the Authority or on their otherwise leaving the service of the Authority.
The following provisions shall apply to any scheme established under subsection (1):
no assurance on the life of a 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 a person who has been employed by the Authority shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than a debt due to the Authority or to the Government;
no donation by the Authority or contribution by its employees made under any such scheme and no interest thereon shall be assignable or transferable or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than a debt due to the Authority or to the Government;
no such donation, contribution or interest shall be subject to the debts of the contributor, nor shall 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, such donation, contribution or interest shall, subject to the provisions of this Act, be deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;
the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions shall continue to be made notwithstanding the provisions of any written law, and the portion of salary so deducted shall not be deemed to form part of his after-acquired property;
subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor shall be subject to a trust in favour of the persons entitled thereto under a nomination in such form as may be prescribed in such scheme, or in the absence of any such nomination the persons entitled thereto under the will or intestacy of that deceased contributor and shall not form part of his estate or be subject to the payment of his debts but shall be deemed to be property passing on his death for the purposes of the Estate Duty Act [Cap. 96];
a contributor may by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; the memorandum shall be in the form prescribed in such scheme and shall be deposited with the Authority;
if at the time of death of a contributor 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; and(h)the receipt of a person duly nominated by a deceased contributor or a trustee or trustees duly appointed, or in default of any such nomination or appointment and of written notice thereof to the Authority, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Authority for any moneys payable on his death out of any such scheme.[30
Pension rights, etc., to be preserved
The Authority in making regulations under section 31(1) relating to any pension, provident fund or other superannuation benefits which affect any person transferred to the service of the Authority under section 12(1)(b) shall in such regulations provide for the payment to such person or his dependants of benefits not less in value than the amount of any pension, provident fund, gratuity or allowance for which such person would have been eligible under the Pensions Act [Cap. 225] had he continued to be in the service of the Government and any such regulations relating to the length of service with the Authority shall provide for the recognition of service under the Government by a person so transferred to be service by him under the Authority.
Nothing in the regulations to be made under section 31(1) shall adversely affect any condition that would have been applicable to persons transferred to the service of the Authority from their service with the Government as regards any pension, gratuity or allowance under the Pensions Act.
In every case where a person has been transferred to the service of the Authority under section 12(1)(b), the Government shall be liable to pay to the Authority such portion of any gratuity, pension or allowance payable to such person or his dependants on his retirement, death or otherwise leaving the service of the Authority as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government bears to the aggregate amount of his pensionable emoluments during his service under both the Government and the Authority.
Where any person in the service of the Authority whose case does not come within the scope and effect of any pension or other schemes established under section 31, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to him or to such other person or persons wholly or partly dependent on him, as the Authority may think fit, such allowance or gratuity as the Authority may determine.[31
Protective provisions
No matter or thing done and no contract of any kind entered into by the Authority and no matter or thing done by a member of the Authority or by an employee thereof or any other person whomsoever acting under the direction of the Authority shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Act, subject such member or employee or any person acting under the direction of the Authority personally to any action, liability, claim or demand whatsoever in respect thereof.[32
Public servants
The members and employees of the Authority shall be deemed to be public servants within the meaning of the Penal Code [Cap. 224].[33
Establishment of Authority
There is hereby established in accordance with the provisions of this Act a body to be called the Urban Redevelopment Authority which shall be a body corporate with perpetual succession and with power to sue and be sued in its corporate name, and to acquire and dispose of property, both movable and immovable, and to perform such other acts as bodies corporate may by law perform, and to exercise such other powers as are conferred under or by virtue of this Act.
Constitution of Authority
The Authority shall consist of the following members:
a Chairman;
a Deputy Chairman; and(c)at least 3 but not more than 7 other members,all of whom shall be appointed by the Minister.
The Chairman, Deputy Chairman and every other member shall, unless their appointment is revoked by the Minister under subsection (5), or unless they resign during their period of office, hold office for a term of 3 years or for such shorter period as the Minister may in any case determine.
Where for any reason the Chairman is absent or unable to act or the office of Chairman is vacant, the Deputy Chairman may exercise all or any of the powers conferred, or perform all or any of the duties imposed on the Chairman under this Act.
The Minister may appoint a person to be a temporary member during the absence, or incapacity owing to illness or otherwise, of a member.
The Minister may, at any time, revoke the appointment of the Chairman, Deputy Chairman or any of the other members without assigning any reason therefor.
Salaries, fees and allowances payable to members
There shall be paid to the Chairman, Deputy Chairman and other members out of the funds of the Authority such salaries, fees and allowances as the Minister may, from time to time, determine.
Vacation of office of member
The office of a member shall be vacated if the member —
becomes of unsound mind;
becomes a bankrupt or suspends payment to, or makes an arrangement or composition with, his creditors;
has been absent, without leave of the Authority, from 3 consecutive meetings of the Authority;
resigns from his office; or(e)is convicted of an offence involving dishonesty, fraud or moral turpitude.
Filling of vacancy in the office of a member
If a member dies or has his appointment revoked or otherwise vacates his office before the expiry of the term for which he has been appointed, another person may be appointed by the Minister for the unexpired period of the term of office of the member in whose place he is appointed.
Meetings of Authority
The Chairman shall summon meetings as often as may be required but not less than once in 3 months.
Decisions at meetings of the Authority shall be adopted by a simple majority of the votes of the members present and voting. In the case of an equality of votes the Chairman or in his absence the Deputy Chairman or the member presiding shall have a casting vote.
The Chairman or in his absence the Deputy Chairman shall preside at meetings of the Authority.
Where both the Chairman and the Deputy Chairman are absent at a meeting such member as the members present may elect shall preside at the meeting.
The Authority shall not be precluded from holding a meeting or acting in a matter merely by reason of a vacancy in its membership.
Subject to the provisions of this Act, the Authority may make standing orders to regulate its own procedure, and, in particular, the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of such minutes.
Member’s interest in contract to be made known
A member who is directly or indirectly interested in a contract made, or proposed to be made, by the Authority shall disclose the nature of his interest at the first meeting of the Authority at which he is present after the relevant facts have come to his knowledge.
A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Authority and, after the disclosure, that member —
shall not take part in any deliberation or decision of the Authority with respect to that contract; and(b)shall be disregarded for the purpose of constituting a quorum of the Authority for such deliberation or decision.
No act or proceedings of the Authority shall be questioned on the ground that a member has contravened this section.
Validity of acts of members
The acts of a member shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualifications.
Transfer of Government’s and Board’s property, assets and liabilities to Authority
Upon the commencement of this Act —
the Urban Renewal Department being a department of the Board and operating under its control shall cease to exist;
the Authority shall exercise and perform all the powers, functions and duties of the Urban Renewal Department; and(c)there shall be transferred to the Authority for the purposes of this Act, such lands, buildings and other property, movable or immovable, powers, rights, interests and privileges, obligations and liabilities vested in, belonging to or incurred by the Government and the Board as the Minister may think fit, and all lands, buildings and other property, powers, rights and interests so transferred shall vest in the Authority without further assurance or assignment.
Upon such transfer, all debts, liabilities and obligations in connection with or appertaining to the lands, buildings and other property referred to in subsection (1)(c) shall also be transferred to and be deemed to have been incurred by the Authority.
In any document, unless the context otherwise requires, a reference to the Urban Renewal Department shall be construed as a reference to the Authority.
Where in any document there is a reference to the Government, the Board or the Collector in connection with or in relation to the performance or exercise of one or more of the functions, duties or powers that are imposed or conferred on the Authority by this Act the document shall have effect as if the Authority had originally been referred to therein instead of the Government, the Board or the Collector, as the case may be.
All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before the commencement of this Act, affecting any of the property, rights, interests, liabilities and obligations transferred to, vested in or deemed to have been incurred by the Authority under this Act, shall have effect against or in favour of the Authority, and be enforceable as fully and effectually as if, instead of the Government or the Board or a person acting on behalf of the Government or the Board, the Authority had been named therein or had been a party thereto.
A proceeding or cause of action pending or existing immediately before the commencement of this Act by or against the Government or the Board in respect of any property, right, power, interest, liability or obligation which under and by virtue of this Act is transferred to, vested in or deemed to have been incurred by the Authority, may be continued and enforced by or against the Authority as it might have been by or against the Government or the Board, as the case may be, had this Act not come into operation.
Transfer of employees
Upon the commencement of this Act —
every person employed by the Board in its Urban Renewal Department; and(b)such persons, as the Minister may think fit, who were employed by the Government immediately before the commencement of this Act and were engaged in discharging one or more of the functions vested in the Authority by this Act,shall be deemed to be transferred to the service of the Authority on terms not less favourable than those they enjoyed immediately prior to their transfer, and such terms, which shall be determined by the Authority, shall take into account the salaries and conditions of service, including any accrued rights to leave, enjoyed by them when in the employment of the Government or of the Board, as the case may be.
Nothing in this section shall preclude the secondment to the Authority of officers in the employment of the Government on such terms as may be agreed upon by the Government and the Authority.
Safeguarding of Municipal Provident Fund benefits
Rules for the maintenance of the Municipal Provident Fund shall be binding upon the Authority and its employees who were members of the Municipal Provident Fund immediately before the commencement of this Act.
Until other provision is made, the Municipal (Provident Fund) Rules 1956 [S 179/56] shall continue to apply to every person transferred to the service of the Authority under section 12(1)(a) who, immediately before the commencement of this Act, was a member of the Municipal Provident Fund, in the like manner as those Rules applied to such person 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 Authority in respect of such person.
Until other provision is made, the provisions of the Municipal (Provident Fund) Rules 1956 requiring the City Council to make payments into the Municipal Provident Fund shall apply to the Authority and be construed as provisions requiring the Authority to make payments into that Fund in respect of every person referred to in section 12(1)(a) who is a member of the Fund.
Persons who have been transferred to the service of the Authority under section 12(1)(a) may count their previous service in the Singapore Improvement Trust or the Housing and Development Board 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.
No entitlement in respect of abolition or reorganisation of office
Notwithstanding the provisions of the Pensions Act [Cap. 225], no person who is transferred to the service of the Authority under section 12(1)(b) shall be entitled to claim any benefits under this Act on the ground that he has been retired from the service of the Government on account of abolition or reorganisation of office.
Functions and duties of Authority
Notwithstanding the provisions of any other written law, it shall be the function and duty of the Authority —
to prepare or execute or prepare and execute proposals, plans and projects for —
the clearance, development and redevelopment of such land as the Authority may think fit for the purpose of resettling persons displaced by operations of the Authority and other resettlement projects approved by the Minister or for any other purpose;
the erection, conversion, improvement and extension of any building for sale, lease, rental or other purpose; and(iii)the provision and improvement of services and facilities for —
the promotion of public safety, recreation and welfare; and(B)the parking of vehicles,on the land referred to in sub-paragraph (i);
to superintend parking places;
to sell, lease or grant licences to use or occupy such land belonging to the Authority for the purposes of the development and redevelopment of the land as the Authority may think fit;
to manage such lands, buildings or other property as the Authority may think fit;
to submit or make recommendations or proposals to the Government or any person or statutory body for the preservation and protection of any monument and land of historic, traditional, archaeological, architectural or aesthetic interest;
to provide information and advice to and act as agent and consultant for such Government department, person, company and corporation carrying on or intending to carry on a building project or scheme or urban redevelopment in Singapore or elsewhere as the Authority may think fit;
to inform and advise the Government on all matters relating to urban redevelopment;
to secure and promote publicity in any form in Singapore or elsewhere of the functions and activities of the Authority;
to carry out all investigations and surveys necessary for the performance of the functions and duties of the Authority;
to conduct, promote and encourage research in matters connected with one or more of the Authority’s purposes and functions; and(k)to carry out such other functions and duties as are imposed upon the Authority by this Act.
Powers of Authority
Subject to the provisions of this Act, the Authority may carry on such activities as appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its duties and functions under this Act and, without prejudice to the generality of the foregoing, the Authority may exercise one or more of the powers specified in the First Schedule.
The Authority may, in addition to the powers vested in it by subsection (1), exercise such other powers as the Minister may authorise the Authority in writing to exercise.
The Authority shall, when it is exercising powers authorised by the Minister under subsection (2), be deemed to be exercising powers vested in it by subsection (1).
Declaration of urban redevelopment areas
The Authority may from time to time, with the approval of the Minister, by notification in the Gazette declare an area, with or without any building therein, to be an urban redevelopment area for the purposes of this Act.
A declaration made under subsection (1) shall contain the following particulars:
the town subdivision or mukim in which the area is situated;
the lot number of the area, its approximate area and all other particulars necessary for identifying it; and(c)if a plan of the area has been made, the place and time where and when such plan may be inspected.
The declaration shall state that such area may be acquired by the Authority within 3 years from the date of the notification in the Gazette or within such extended period as the Minister may think fit.
Upon publication of the notification in the Gazette such area shall be deemed to be an urban redevelopment area for the purposes of this Act.
Compulsory acquisition of land
Where any immovable property, not being State land, is needed for the purposes of the Authority, the Authority may request and the President may if he thinks fit direct the acquisition of that property; and in such a case the property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose, and any declaration required under such written law that the property is so needed may be made (notwithstanding that compensation is to be paid out of the funds of the Authority) and the declaration shall have effect as if it were a declaration that such property is needed for a public purpose made in accordance with that written law.
Compulsory acquisition of property before 15th April 1983 not to be called in question
*19.—
No compulsory acquisition of any immovable property before 15th April 1983 shall be called in question in any court on the ground that the acquisition was not in compliance with section 18 as in force before that date.(2) Any action or proceedings pending after 15th April 1983 in any court in respect of any matter to which subsection (1) applies shall be dismissed on application by any party, and the court may make such order as to costs as it thinks fit.
No compulsory acquisition of any immovable property before 15th April 1983 shall be called in question in any court on the ground that the acquisition was not in compliance with section 18 as in force before that date.
Any action or proceedings pending after 15th April 1983 in any court in respect of any matter to which subsection (1) applies shall be dismissed on application by any party, and the court may make such order as to costs as it thinks fit.
Incorporated private companies may be formed
The Authority may, with the written approval of the Minister, cause to be formed under the provisions of any written law for the time being in force relating to companies any incorporated private company limited by shares, any number of which may be held by the Authority, and having as its object one or more of the functions and duties of the Authority set out in section 15.
Notwithstanding the provisions of any written law for the time being in force relating to companies, there shall be registered with the memorandum of association of the company articles of association prescribing regulations for the company.
Such articles of association of the company shall contain, inter alia, such provisions relating to —
the capital and share structure of the company;
the qualifications, appointments, remuneration, powers and duties of directors;
dividends and reserve funds; and(d)the winding up of the company,as may be directed by the Minister, and shall also provide that such employees of the Authority as are transferred to the company shall enjoy salaries and conditions of service as near as may be to those on which they were employed by the Authority.[19
Gifts
The Authority may accept gifts, legacies or donations and apply them for one or more of its functions or duties.[20
Authority may make ex-gratia payments
The Authority may, with the approval of the Minister, make an ex-gratia payment to a person sustaining damage by reason of the exercise of one or more of the powers vested in the Authority or its employees under and by virtue of this Act.[21
Powers of Minister in relation to Authority
The Minister may, after consultation with the Authority or otherwise, give to the Authority such directions, not inconsistent with the provisions of this Act, as he thinks fit, as to the exercise of the functions of the Authority under this Act, and the Authority shall give effect to all such directions.
The Authority shall furnish the Minister with such information or facilities for obtaining information with respect to its property and the exercise of its functions in such manner and at such times as the Minister may reasonably require.[22
Submission of projects by Authority
The Authority shall, 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 Authority under sections 15, 16 and 23, and 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 may think fit.
Every such proposal, plan or project submitted by the Authority under this section shall be in such form and contain such particulars as the Minister may direct.[23
Appointment of committees and delegation of powers
The Authority may, in its discretion, appoint from among its own members or other persons who are not members such number of committees consisting of members or other persons or members and other persons for purposes which, in the opinion of the Authority, would be better regulated and managed by means of such committees.
The Authority may, subject to such conditions or restrictions as it may impose, delegate to any such committee or the Chairman or the General Manager one or more of the functions, duties and powers by this Act vested in the Authority, except the power to borrow money; and any power, function or duty so delegated may be exercised or performed by such committee or the Chairman or the General Manager, as the case may be, in the name and on behalf of the Authority.
The Authority may, subject to such conditions or restrictions as it may impose, delegate to an employee thereof one or more of the Authority’s functions and duties by this Act vested in the Authority, 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, and a power, function or duty so delegated may be exercised or performed by such employee in the name and on behalf of the Authority.
The Authority may exercise any power conferred or perform any function or duty imposed upon it under this Act, notwithstanding the delegation of such power, function or duty under this section.[24
Power to make standing orders
The Authority may, with the approval of the Minister, make standing orders providing for every matter in regard to which standing orders may be made under this Act and in particular for the following:
the method of entering into contracts by or on behalf of the Authority;
the delegation of powers to officers of the Authority;
the opening, keeping, closing and internal audit of accounts of the Authority;
loans and allowances to officers of the Authority;
housing accommodation for officers of the Authority; and(f)the professional and technical training of officers of the Authority.[25
Power to enter upon lands
The Authority may, for the purposes of this Act, by its employees, agents or contractors, enter at all reasonable hours in the day into and upon a building or land for the purpose of making any survey or inspection and for the purpose of executing work authorised by this Act to be executed by them without being liable to any legal proceedings or molestation whatsoever on account of such entry or of anything done in a part of such building or land in pursuance of this Act.
An employee or agent or a contractor of or a person acting on behalf of the Authority shall not enter into a building in actual occupation without the consent of the occupier thereof or without 6 hours’ previous notice to such occupier.[26
Regulations
The Authority may, with the approval of the Minister, make such regulations as are necessary for carrying into effect the provisions of this Act.
Without prejudice to the generality of subsection (1), the Authority may make regulations for one or more of the following purposes:
the control and management of lands and buildings acquired by, vested in or belonging to, the Authority;
the use and enjoyment of those lands, buildings and other property; and(c)the prevention of trespass upon or on any of those lands, and buildings and the removal of trespassers or other persons causing annoyance or inconvenience upon or in those lands and buildings.
The Authority may, in making any regulations under this section, provide that a contravention of or failure to comply with the regulations shall be an offence and may prescribe as a penalty in respect of such offence a fine not exceeding the sum of $2,000 or imprisonment for a term not exceeding 3 months or both and, in the case of a continuing offence, a fine not exceeding $500 for every day or part thereof during which such offence continues after the date of conviction.
All regulations made under this section shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.[27
Power to sell and restriction as to registration
The Authority may, with the approval of the Minister, sell any developed land or part thereof.
The Registrar of Deeds and the Registrar of Titles shall not, without the written consent of the Authority, register an assurance relating to any developed land or part thereof which has been sold under the provisions of this Part.
The certificate of the Authority that any developed land or part thereof has been sold under the provisions of this Part shall be conclusive evidence of such fact.[34
Special provisions
For the purposes of the registration of an assurance pertaining to the sale by the Authority of any unit, the mortgage of such unit in favour of the Authority or the reconveyance or discharge of such mortgage —
in the case of land registered under the provisions of the Registration of Deeds Act [Cap. 269], section 12 of that Act shall not apply; and(b)in the case of land registered under the provisions of the Land Titles Act [Cap. 157], where a solicitor is not employed by the party acquiring title under an instrument relating to the transactions referred to in this section, a certificate of an officer authorised in writing in that behalf by the Authority, shall be sufficient for the purposes of section 54(4) of that Act.[35
Conditions as to sale of unit
No unit which has been sold by the Authority under the provisions of this Part shall be sold, leased, mortgaged or disposed of without the prior written consent of the Authority.
An assurance or a mortgage, transfer, charge or lease of such unit that is executed without the written consent of the Authority is void and is incapable of being registered under the provisions of the Registration of Deeds Act [Cap. 269] or the Land Titles Act [Cap. 157].
Where an assurance or a mortgage, transfer, charge or lease of a unit is executed without the written consent of the Authority, the person, who is entitled to the title to or the estate or interest in the unit if the written consent of the Authority had been obtained, shall not present for registration under the provisions of the Registration of Deeds Act or the Land Titles Act the assurance, mortgage, transfer, charge or lease of the unit.
The Authority shall, within 3 months of the discovery of such assurance, mortgage, transfer, charge or lease, serve a written notice upon the person, referred to in subsection (3), of its intention to lodge with the Registrar of Deeds or the Registrar of Titles, as the case may be, an instrument under subsection (6).
Such person may, within 14 days of the service of the notice, appeal to the Minister whose decision shall be final.
The Authority may, in any case where an assurance or a mortgage, transfer, charge or lease has been executed without the written consent of the Authority, and an appeal to the Minister under subsection (5) has been dismissed, lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, for the vesting in the Authority of the title to or the estate or interest in the unit in respect of which the assurance, mortgage, transfer, charge or lease had been executed.
The Registrar of Deeds or the Registrar of Titles shall register any instrument, lodged under subsection (6), without being concerned to inquire into its regularity or validity, and upon its registration the title to or the estate or interest in the unit shall vest in the Authority without further assurance free from all encumbrances (save such subsisting covenants, conditions or restrictions, if any, as may be binding on the Authority) for such title, estate or interest as the Authority would have had on the date of the registration of the instrument, if there had been no assurance, mortgage, transfer, charge or lease in respect of the unit.
Upon the registration of such instrument —
in the case of a unit registered under the provisions of the Registration of Deeds Act [Cap. 269], the Registrar of Deeds shall make an entry in the books of the registry that the unit has vested in the Authority in accordance with subsection (6), and upon that entry being made, the unit shall vest in the Authority free from all encumbrances, subject to such subsisting covenants, conditions, or restrictions, if any, as may be binding on the Authority; or(b)in the case of a unit, registered under the provisions of the Land Titles Act [Cap. 157], the unit shall vest in the Authority free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Authority, and the Registrar of Titles shall cancel the registration of any mortgage, charge or lease thereby overreached.
Any person who acts in contravention of subsection (1) or (3) 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 12 months or to both.[36
Borrowing powers
The Authority may, from time to time, for the purposes of this Act, raise loans from the Government or, with the approval of the Minister, from any other source, either by the creation and issue of debentures, stocks or bonds, or otherwise, as the Minister may direct.
The Authority shall pay interest on such loans at such rates and at such times, and shall make such provision for the mode and time or times of repayment of principal, as may be approved by the Minister.
The Authority may, with the consent of the Minister, from time to time borrow by way of a temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require —
for the purpose of defraying expenses pending the receipt of revenues receivable by it in respect of the period of account in which those expenses are chargeable; or(b)for the purpose of defraying, pending the receipt of money due in respect of a loan authorised to be raised under subsection (1), expenses intended to be defrayed by such loan.[37
Loans charged upon the revenues of Authority
All loans raised by the Authority under section 38, together with all interest and other sums payable in respect thereof, shall be charged indifferently upon all the revenues of the Authority and shall rank equally with one another, with priority over any other charge on the revenues of the Authority.[38
Provision of working capital
For the purpose of enabling the Authority to carry out its objects and to defray expenditure properly chargeable to capital account, including defraying initial expenses, and for the provision of working capital, the Minister may authorise payment to the Authority of such sums as he may determine.[39
Annual estimates
The Authority shall every year cause to be prepared and shall adopt annual estimates of income and expenditure of the Authority for the ensuing year.
Supplementary estimates may be adopted by the Authority at any of its meetings.
A copy of all annual and supplementary estimates shall, upon their adoption by the Authority, be sent forthwith to the Minister for approval.
The Authority may transfer all moneys or part thereof assigned to one item of expenditure to another under the same head of expenditure in supplementary estimates approved by the Minister.
A summary of the annual estimates and supplementary estimates adopted by the Authority and approved by the Minister shall be published in the Gazette.[40
Accounts to be kept
The Authority shall prepare in respect of each financial year ending on 31st March a statement of accounts in a form approved by the Minister.
The Authority shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Authority and over the expenditure incurred by the Authority.[41
Appointment and powers of auditors
The accounts of the Authority shall be audited by the Auditor-General or by an auditor appointed annually by the Minister in consultation with the Auditor-General.
The Auditor-General or the auditor appointed under subsection (1), as the case may be, is entitled to full and free access to all accounting and other records relating directly or indirectly to the financial transactions of the Authority and may make copies of or extracts from any such accounting and other records.
The Authority’s auditor or a person authorised by him may require any person to furnish him with such information which such person possesses or has access to as the auditor or the duly authorised person considers necessary for the purposes of the functions of the auditor under this Act.
An officer of the Authority who refuses or fails without any reasonable cause to allow the Authority’s auditor access to any accounting and other records of the Authority in his custody or power or to give any information possessed by him as and when required or who otherwise hinders, obstructs or delays the Authority’s auditor in the performance of his duties or the exercise of his powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.[42
Financial statements
The Authority shall, not later than 31st July in every year, prepare and submit the financial statements in respect of the preceding financial year to the Authority’s auditor who shall audit and report on them.
The Authority’s auditor shall send an annual report of his audit to the Authority not later than 30th September in each year.
The Authority’s auditor shall also submit such periodical and other reports as may appear necessary to him.
The Authority’s auditor shall report —
whether the financial statements show fairly the financial transactions and the state of affairs of the Authority; and(b)on such other matters arising from the audit as he considers necessary.
The Authority’s auditor shall state in his report whether —
proper accounting and other records have been kept;
the financial statements are prepared on a basis similar to that adopted for the preceding year;
the financial statements are in agreement with the accounting and other records; and(d)the receipt, expenditure and investment of moneys and the acquisition and disposal of assets by the Authority during the year have been in accordance with the provisions of this Act.[43
Presentation of financial statements and report
A copy of the audited financial statements signed by the Chairman and certified by the Authority’s auditor, together with a copy of any report made by the auditor, shall be submitted to the Minister not later than 31st October in each year.
Where the Auditor-General has not been appointed to be the auditor of the Authority a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General at the same time as they are submitted to the Minister.
The Minister shall present a copy of the audited financial statements and of the report of the Authority’s auditor to Parliament.[44
Annual report
The Authority shall as soon as practicable after the end of each accounting year but not later than 4 months from the end of that year, unless the Minister otherwise authorises in writing, furnish to the Minister a report of its functions during the preceding year.
The Minister shall cause a copy of every such report to be presented to Parliament.[45
Investment
Moneys belonging to the Authority may from time to time, subject to the approval of the Minister, be invested in any of the securities in which trust funds may, by any written law for the time being in force relating to trustees, be invested.[46
Application of profits of Authority
The Minister may, after consultation with the Authority, give directions to the Authority as to the manner in which its profits shall be applied.[47
Provision of car parking spaces
Every person who wishes to develop any land shall, when applying to the competent authority under the provisions of the Planning Act [Cap. 232] for permission to develop such land, submit to the Authority proposals and plans for the provision of car parks and car parking spaces or otherwise on the land or such alternative place as may be approved by the Authority.
Notwithstanding anything in the Planning Act and the Local Government Integration Act [Cap. 166], the Authority may —
prescribe —
the number of car parks and car parking spaces to be provided by such person;
the minimum dimensions and area of every such car parks and parking spaces, respectively; and(iii)the arrangement of such car parking spaces; and(b)require such person to provide that number of such car parks and car parking spaces on the land or on such land and any other place approved by the Authority.
The Authority may waive the requirements of subsection (2), if such person —
undertakes to provide at an alternative place approved by the Authority one or more car parks having such number of car parking spaces, as is required to be provided under this section; or(b)undertakes to pay or secure to the satisfaction of the Authority such sum of money as the Authority may determine in accordance with any rate prescribed by the Authority.[48
Penalty
A person who fails to comply with section 49(1) or any requirement imposed or prescribed by the Authority under section 49(2)(a) or (b) or commits a breach of an undertaking given under section 49(3) 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 not exceeding $300 for every day or part thereof during which the offence continues after the date of conviction.[49
Enforcement of planning control
If, in the opinion of the Authority, any development of land has been carried out in contravention of section 49(1) or any requirement imposed by the Authority under section 49(2)(b) or in breach of any undertaking given under section 49(3), the Authority may, by notice in writing (referred to in this Act as an enforcement notice) direct the owner or occupier of the land or such other person as, in the opinion of the Authority, was responsible for the contravention or breach to take, within a time to be stated in the notice, such measures as are directed by the notice.
An enforcement notice shall take effect, subject to subsection (6), at the end of such period, not being less than 28 days, after service thereof, as may be specified in the notice.
Where a person appeals against a direction in an enforcement notice or withdraws such appeal, the notice shall take effect at the end of 28 days from the determination of the appeal or the withdrawal of the appeal, as the case may be.
A person aggrieved by any direction given in an enforcement notice may, at any time within the period specified in the notice, appeal to the Minister in such form and in such manner as the Minister may require.
Where an appeal is made under subsection (4), the Minister may dismiss the appeal, allow the appeal unconditionally or allow the appeal subject to such conditions as he thinks fit.
The decision of the Minister on an appeal, made under subsection (4), shall be final.
When an appeal is made to the Minister under subsection (4), the enforcement notice shall be of no effect pending the final determination or withdrawal of the appeal.
Any person who fails to comply with any direction in an enforcement notice by the Authority under subsection (1) 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 not exceeding $300 for every day or part thereof during which the offence continues after the date of conviction.
Where a person fails to comply with the directions given in an enforcement notice, an employee of or any other person acting on behalf of the Authority may enter upon the land and take any measures directed by the enforcement notice.
All expenses incurred by the Authority, in exercise of the powers conferred by subsection (9), are a first charge on the holding upon or with respect to which they were expended or are payable.
The certificate of the Authority stating the amount of the expenses so incurred is conclusive evidence of that amount.
A person who uses land at any time in contravention of an enforcement notice after the directions in the notice have been complied with shall, notwithstanding that compliance with the notice, 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.
A person who carries out any development on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the directions in an enforcement notice 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.[50
Transitional
Any requirement or condition imposed, act done, waiver granted or order made by and any undertaking given to the competent authority under the provisions of the Planning Act [Cap. 232] in respect of the provision of car parking spaces shall be deemed to have been imposed, done, granted, or made by or given to the Authority under section 49 and shall continue to have effect accordingly.[51
Proceedings for recovery of money due under this Act
For the recovery of any money due under this Act, the Authority has and may exercise the following powers:
the Authority may issue a warrant of attachment and may seize by virtue thereof any movable property and crops of any person liable to pay any sum due, and may, after service of the prescribed notice, sell the movable property and crops by public auction or in such manner as may be prescribed; and(b)the Authority may, by notice of sale to be served or published in the prescribed manner, declare its intention of selling, at the expiration of 3 months from the date of the notice of sale, any land belonging to the person from whom any sum is due and, if at the expiration of that period, that sum has not been paid or satisfied, the Authority may sell, by public auction or otherwise, the whole of that land or such portion thereof or such interest therein as it considers sufficient for the recovery of that sum and costs.
The Authority shall not proceed under subsection (1)(b) and sell the land of a person from whom a sum is due, or a portion thereof or interest therein, where there is upon the land and liable to be seized and sold under subsection (1)(a) movable property or crops, belonging to the person from whom a sum is due, of a value estimated by the Authority to be sufficient to realise the sum required to satisfy the money due and costs.
A tenant, sub-tenant or occupier who, in order to avoid the seizure or sale of the land for non-payment of any sum due from the owner of the land, pays such sums and costs may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by him from the rent due or to become due by him to his immediate landlord on account of the land or such part thereof as is held or occupied by him, and may retain possession thereof until that amount has been fully reimbursed to him whether by deduction from the rent or otherwise. A tenant or sub-tenant who has reimbursed, whether by allowing a deduction from his rent or otherwise, any sub-tenant or occupier holding or occupying under him the amount so paid by that sub-tenant or occupier shall have a similar right to deduct the amount from the rent due or to become due to his immediate landlord and to retain possession until similarly reimbursed.
The receipt of the Authority or its duly authorised officer for any amount so paid by any such tenant, sub-tenant or occupier shall be deemed to be an acquittance in full for the like amount of the rent.
If land belonging to a person from whom any sum is due, or any movable property or crops that are mentioned in subsection (1) or the proceeds of sale thereof, are already in the custody of the law under any process of execution whereby the Authority is unable to exercise the powers vested in him by this section the Authority may notify the Sheriff or the bailiff of the court concerned of the amount due, and is entitled without obtaining judgment to be paid that amount out of the proceeds of sale of the land, movable property or crops in priority to every judgment debtor and creditor and to every other creditor, except the Government. A certificate from the Authority shall be conclusive evidence of the amount of the sum that may be due.[52
Attachment
The attachment mentioned in section 53(1)(a) may be made by a person appointed for the purpose by the Authority and that person shall notify publicly the attachment in the prescribed manner and shall take an inventory of the property attached.
For the purpose of effecting the attachment that person may break upon in the day any house or building.[53
Application of proceeds
The proceeds of a sale under section 53(1) shall be applied in the first place in satisfaction of the sum due together with interest thereon at the rate of 6% per annum and costs.
In the event of there being a surplus remaining thereafter the Authority shall, if satisfied as to the right of any person claiming the surplus, pay the amount thereof to that person or, if not so satisfied, shall hold the amount in trust for the person who ultimately succeeds in due course of law in establishing his title thereto.
If no title is established to that surplus within the period of 5 years from the date of the sale, it shall be paid into the Authority’s fund.[54
Title conferred upon purchaser at a sale under section 53
The purchaser at a sale, under section 53(1)(b), shall be deemed to have acquired the right or property offered for sale free from all encumbrances created over it and from all subordinate interests derived from it, except such as are reserved expressly by the Authority at the time of the sale.
The Authority shall notify in the Gazette the result of the sale and the conveyance to the purchaser of the right or property offered for sale.[55
Costs of proceedings for recovery of sum due
All costs and expenses incurred in the recovery of any sum due may be recovered as if they formed part of the sum due.[56
Power to stop sale
If a person having an interest in any land liable to be sold at a time before the sale tenders to the Authority the sum due with interest and costs, the Authority shall thereupon desist from all further proceedings in respect thereof.[57
Application to court
If a person whose movable property, crops or land has been attached or offered for sale disputes the propriety of the attachment or sale, he may apply to the High Court, or, when the sum due does not exceed $5,000, to a District Court for an order to stay the proceedings.
The court, after hearing the Authority and after making such further inquiry as is necessary, shall make such order as it thinks fit.[58
Security to be given
No application shall be entertained by the court under section 58 unless the applicant has deposited in court the amount of the sum due and costs or given security for that sum to the satisfaction of the court.[59
Liability for payment of any sum due by transferor
Every person who sells or transfers land with respect to which any sum is due shall continue to be liable for the payment of all sums due in respect of that land which become payable at any time before the sale or transfer of the land.
Nothing in this section shall affect the liability of the purchaser or transferee to pay any sum due in respect of that property, or the right of the Authority to recover that sum under this Act.[60
Regulations for this Part
The Authority may make such regulations as it may consider expedient for the purposes of this Part.[61
Common seal and execution of documents
The Authority shall have a common seal and such seal may from time to time be broken, changed, altered and made anew as the Authority thinks fit.
All deeds, documents and other instruments requiring the seal of the Authority shall be sealed with the common seal of the Authority and every instrument to which the common seal is affixed shall be signed by an officer of the Authority and shall be countersigned by a member of the Authority or by some other person duly authorised in writing by the Authority for that purpose, and such signing shall be sufficient evidence that such seal was duly and properly affixed and that the seal is the lawful seal of the Authority.
The Authority may by resolution or otherwise in writing appoint an officer of the Authority or any other agent either generally or in a particular case to execute or sign on behalf of the Authority an agreement or other instrument not under seal in relation to any matter coming within the powers of the Authority.
Section 12 of the Registration of Deeds Act [Cap. 269] shall not apply to an instrument purporting to have been executed under subsection (2).[62
Use of Authority’s symbol
The Authority shall have the exclusive right to the use of the symbol (referred to in this section as the Authority’s symbol), a representation of which is set out in the Second Schedule.
A person who without the permission of the Authority uses a symbol resembling the Authority’s symbol so as to be likely to cause confusion in relation to the identity of the Authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.[63
Obstructing officers of Authority
Any person who obstructs or hinders an officer or agent of the Authority acting in the discharge of his duty under this Act or any regulations made thereunder 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.[64
Proceedings conducted by officers of Authority
Any proceedings in respect of an offence under this Act or any regulations made thereunder may be conducted by an officer of the Authority or an officer of the Government authorised in writing in that behalf by the Chairman.[65
Sanction of Public Prosecutor
No court shall take cognizance of an offence under this Act or the regulations made thereunder except with the sanction of the Public Prosecutor.[66
General penalties
A person who contravenes a provision of or commits an offence under this Act or any regulations made thereunder for which no special penalty is provided by this Act 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.[67
Offence by body corporate
Where an offence under this Act or the regulations made thereunder is committed by a body corporate and it is proved to have been committed with the consent or connivance of or to be attributable to an act or default on the part of a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.[68
Fines to be paid to Authority
All fines imposed for an offence under this Act or any regulations made thereunder shall be paid into the funds of the Authority.[69
Exemption
Notwithstanding the provisions of this Act, the Minister may, by notification in the Gazette, exempt any organisation, person or class of persons from all or any of the provisions of this Act.[70
Powers of the Authority
FIRST SCHEDULESection 16(1)Powers of the Authority1. With the approval of the Minister, to carry out or assist in carrying out any project in connection with urban redevelopment.2. With the written approval of the Minister, to grant loans or advances to a company or corporation carrying on or intending to carry on urban redevelopment in Singapore or having one or more of its objects connected with or related to one or more of the functions or duties imposed on the Authority under this Act.3. To manage, control or supervise such company or corporation by nominating directors or advisers or otherwise collaborating with them or entering into partnerships or any other arrangement for jointly working with them.4. With the written approval of the Minister, to establish and manage such company or corporation.5. To enter into any joint venture or arrangement with the Government for the sharing of profits or otherwise for the purposes of this Act.6. With the written approval of the Minister, to subscribe to stocks, shares, bonds or debentures of a company or corporation.7. To acquire, hire, procure, construct, erect, manufacture, provide, operate, maintain or repair anything, whether movable or immovable, required by the Authority for the purposes of this Act.8. To enter into contracts, covenants, bonds, deeds or agreements or prepare documents of every kind for the purposes of this Act.9. Subject to rules which may be made by the Minister under this Act, to impose such charges or fees as the Authority may determine for the provision of accommodation, services or works, or the use of buildings, recreational grounds, equipment, amenities or facilities provided, maintained, controlled or operated by the Authority.10. To do anything for the purpose of advancing the skill of persons employed by the Authority, or of the efficiency of the equipment of the Authority, or of the manner in which that equipment is operated, including the provision by the Authority and the assistance of the provision by orders or facilities for training, education and research.11. To provide houses, hostels and other like accommodation, including convalescent or holiday houses, club houses and playing fields, for persons employed by the Authority.12. To make or guarantee loans to any person employed by the Authority for the purpose of purchasing a vehicle, building a house, purchasing a plot of land on which to build a house or purchasing a house for the use of that person or for the residential use of his family.13. To award scholarships or to give loans to persons employed by the Authority for purposes specifically approved by the Authority as likely to increase the efficiency of such persons in their services to the Authority, or otherwise for the purposes of the functions of the Authority.
The Authority’s symbol
SECOND SCHEDULESection 64(1)The Authority’s symbol[S 47/75]