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Contents

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF BOARD

Part III FUNCTIONS, DUTIES, PROPERTIES AND OFFICERS OF BOARD

Part IV SALE OF FLATS, HOUSES OR OTHER BUILDINGS

Part IVA UPGRADING WORKS IN PRECINCTS

Part IVB DESIGN-BUILD-and-SELL SCHEME

Part V FINANCIAL PROVISIONS

Part VI MISCELLANEOUS

FIRST SCHEDULE Housing and Urban Development Company

SECOND SCHEDULE Jurong Town Corporation

Legislative History

Comparative Table

 
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On 24/04/2014, you requested the version in force on 24/04/2014 incorporating all amendments published on or before 24/04/2014. The closest version currently available is that of 18/04/2013.
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PART IV
SALE OF FLATS, HOUSES OR OTHER BUILDINGS
Power to sell and restrictions as to registration
46.
—(1)  The Board may, with the approval of the Minister, sell any developed land or part thereof.
(2)  The Registrar of Deeds and the Registrar of Titles shall not, without the written consent of the Board, register any assurance relating to any developed land or part thereof which has been sold under the provisions of this Part.
(3)  The certificate of the Board that any developed land or part thereof has been sold under the provisions of this Part shall be conclusive evidence of that fact.
Restrictions as to purchase
47.
—(1)  No person shall be entitled to purchase any flat, house or other living accommodation sold subject to the provisions of this Part if such person, his spouse or any authorised occupier —
(a)
is the owner of any other flat, house, building or land or has an estate or interest therein; or
(b)
has, at any time within 30 months immediately prior to the date of making an application to the Board to purchase the same, or between the date of such application and the date of completion of the purchase of the flat, house or other living accommodation, sold any flat, house, building or land of which he was the owner, or divested himself of any interest therein.
[13/75; 25/79]
(2)  Where a person purchases a flat, house or other living accommodation in contravention of subsection (1), he shall not present for registration under the provisions of the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) the assurance of the flat, house or other living accommodation.
[13/75]
(2A)  The Board shall on discovery of such a purchase —
(a)
serve a written notice upon the purchaser of the flat, house or other living accommodation of its intention to lodge with the Registrar of Deeds or the Registrar of Titles, as the case may be, an instrument under subsection (3) for the vesting in the Board of the title to or the estate or interest in that flat, house or other living accommodation; or
(b)
where no lease has been registered in favour of the purchaser, serve a written notice of the intention of the Board to terminate the agreement for a lease and to re-enter upon the flat, house or other living accommodation or part thereof in the name of the whole and thereupon any interest of the purchaser shall absolutely determine.
[13/75]
(2B)  The purchaser may, within 14 days after the service of the notice, appeal to the Minister whose decision shall be final and shall not be called in question in any court.
[13/75]
(3)  Where an appeal has been made to the Minister under subsection (2B), the Board shall not proceed to vest the title to or the estate or interest in the flat, house or other living accommodation in itself, or to repossess the flat, house or other living accommodation, until the appeal has been disposed of.
[13/75]
(4)  The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument, lodged under subsection (3), without being concerned to inquire into its regularity or validity.
(4A)  Upon its registration the title to or the estate or interest in the flat, house or other living accommodation shall vest in the Board without further assurance free from all encumbrances (save such subsisting covenants, conditions or restrictions, if any, as may be binding on the Board) for such title, estate or interest as the Board would have had on the date of the registration of the instrument, if there had been no sale of the flat, house or other living accommodation.
(5)  Upon the registration of such an instrument —
(a)
in the case of a flat, house or other living accommodation, 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 flat, house or other living accommodation has vested in the Board in accordance with subsection (4A), and upon that entry being made, the flat, house or other living accommodation shall vest in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Board; or
(b)
in the case of a flat, house or other living accommodation, registered under the provisions of the Land Titles Act (Cap. 157), the flat, house or other living accommodation shall vest in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Board, and the Registrar of Titles shall cancel the registration of any mortgage, charge or lease thereby overreached.
(6)  The Board may, in its discretion, forfeit any moneys paid or deposited in respect of the purchase of any flat, house or other living accommodation from the Board if the Board discovers that the person who has purchased or seeks to purchase the flat, house or other living accommodation has acted in contravention of subsection (1).
[13/75]
(7)  The Board may, in its discretion or on the direction of the Minister, exempt any person or class of persons from all or any of the provisions of this section.
[12/82]
(8)  Notwithstanding subsection (1), the Board may sell or lease a flat, house or other living accommodation to any person, notwithstanding that such person, his spouse or any authorised occupier has purchased or acquired, with the prior written consent of the Board, any commercial property not exceeding in value $250,000 or such higher value as the Minister may allow, and that commercial property is used or intended to be used by any such person for business purposes.
[25/79]
(9)  Without prejudice to any other rights, contractual or otherwise, which the Board may exercise, the Board may cancel an application to the Board, whether registered before or after 5th September 1986, for the purchase of a flat, house or other living accommodation where —
(a)
the applicant has made any misrepresentation of a material fact or false statement in a material particular, whether innocently or otherwise, in relation to his application;
(b)
the applicant, his spouse or any person above the age of 14 years listed in his application as intending to reside in the premises applied for has been convicted of an offence under section 304A, 336, 337 or 338 of the Penal Code (Cap. 224) in connection with the throwing of any matter or thing from any property belonging to, sold by or leased from the Board;
(c)
the applicant has paid in full or partially the purchase price or any loan for the purchase of the flat, house or other living accommodation with any cash grant made by the Government to the owner and paid into the owner’s account with the Central Provident Fund pursuant to section 14 of the Central Provident Fund Act (Cap. 36) and the applicant fails or refuses to return the money to the Government when he is required to do so under the terms of the grant; or
(d)
the applicant, his spouse or any person listed in his application as intending to reside in the premises applied for has been convicted of an offence under any written law relating to immigration for giving food or shelter to any person who has entered, remained or stayed in Singapore in contravention of any written law relating to immigration or for assisting such person in any way to evade apprehension.
[21/86]
Power to vary terms and conditions
48.
—(1)  The Board shall have power to vary the terms and conditions of any application made by an applicant and registered with the Board, whether before or after 5th September 1986, for the sale and purchase of any flat, house or other living accommodation sold subject to the provisions of this Part.
[21/86]
(2)  Where an applicant refuses or fails to accept the terms and conditions as varied by the Board under subsection (1), the Board may cancel his application and refund the deposit and administrative fees paid by the applicant.
[21/86]
(3)  No proceedings shall be instituted in any court by the applicant against the Board to recover any loss suffered, directly or indirectly, by the applicant arising out of or caused by the cancellation of his application under subsection (2).
[21/86]
Board and lessees to be discharged from certain restrictive covenant
48A.
—(1)  Notwithstanding the provisions of any written law but subject to subsection (3), the Board and every lessee of any flat comprised in any building comprising flats sold by the Board shall be discharged, respectively, from the following covenant:
(a)
in the case of a lessee, from any covenant in the lease —
(i)
restricting or prohibiting the use of the flat for any trade, business, manufacture or commercial purpose;
(ii)
prohibiting the erection or putting up of any signboard, advertisement, billboard or other sign on the exterior of the flat; or
(iii)
which would impede the reasonable use of that flat for any commercial purpose; and
(b)
in the case of the Board, from any covenant in the lease requiring the Board —
(i)
to grant any lease of any other flat comprised in that same building subject to any covenant referred to in paragraph (a)(i), (ii) or (iii); or
(ii)
to enforce any covenant referred to in paragraph (a)(i), (ii) or (iii) on behalf of any lessee of any flat comprised in that same building.
[21/2000; 31/2002]
(2)  No proceedings shall be instituted in any court by any person entitled (whether before or after 1st April 1992) to the benefit of any covenant referred to in subsection (1) to recover any loss or disadvantage suffered by that person in consequence of the discharge of that covenant.
[19/92; 21/2000]
(3)  Notwithstanding subsection (1), a lessee shall not use or allow to be used his flat or any part thereof for any purpose that is not permitted by the lease unless he has the prior written approval of the Board.
[31/2002]
Execution of sale and other instruments by Board on behalf of certain purchasers of flats
48B.
—(1)  Where —
(a)
a flat is sold by the Board to any person under this Part or a loan is granted by the Board to any person under section 13(d); and
(b)
the person has failed, refused or neglected to execute any instrument relating to the sale or mortgage of the flat required for registration under the Land Titles Act (Cap. 157) or the Registration of Deeds Act (Cap. 269) after the Board has sent a notice requiring him to execute the instrument,
the Board may execute the instrument on behalf of the person.
[19/92]
(2)  The Board shall be deemed to be the duly appointed attorney of the person referred to in subsection (1) for the purpose of effectuating any sale or mortgage of the flat under the instrument that is required to be registered under the Land Titles Act or the Registration of Deeds Act.
[19/92]
(3)  The execution of any instrument under subsection (1) by the Board on behalf of the lessee, assignee or mortgagor of any flat comprised in the instrument shall be deemed to have been properly effected.
[19/92]
(4)  The Registrar of Titles, the Registrar of Deeds and any purchaser of the flat shall not be concerned to enquire into the regularity or validity of the instrument referred to in subsection (3) in so far as it affects the Board’s execution of the instrument in its representative capacity under this section.
[19/92]
Special provisions
49.
—(1)  Where —
(a)
a flat is sold by the Board to any person under the provisions of this Part; or
(b)
any estate or interest in such flat is —
(i)
subsequently transferred by or to any person with the written consent of the Board; or
(ii)
surrendered to the Board,
and a solicitor is not employed by such person to act for him in the transaction, the Board may by its duly authorised officer act for such person.
[4/78]
(2)  Where the Board acts for such person as is mentioned in subsection (1), then for the purposes of the registration of any instrument relating to the sale of the flat or the transaction in respect of the flat —
(a)
in the case of an instrument which is required to be registered under the Registration of Deeds Act (Cap. 269), section 11 of that Act shall not apply if a duly authorised officer of the Board certifies that such flat has been sold under the provisions of this Part; and
(b)
in the case of an instrument which is required to be registered under the provisions of the Land Titles Act (Cap. 157), a certificate of an officer of the Board duly authorised by the Board to act for such person as is mentioned in subsection (1) shall be sufficient for the purposes of section 59(3) of that Act.
[4/78]
(3)  In this section —
“flat” means any flat, house or other building or living accommodation sold by the Board under the provisions of this Part;
“transfer”, with reference to a flat, means the conveyance, sale, purchase, assignment, mortgage, charge or the disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, or a reconveyance, or the devolution of the rights of a deceased owner of a flat to another person, and “transferred” shall be construed accordingly.
[4/78]
(4)  Section 33 of the Legal Profession Act (Cap. 161) shall not apply to any officer of the Board acting for any party to the transactions referred to in subsection (1).
[4/78]
Prohibition of sale within minimum occupation period, etc.
49A.
—(1)  Except with the prior written consent of the Board, no owner of any flat, house or other building which has been sold by the Board under the provisions of this Part shall, within the prescribed minimum occupation period, by contract, agreement or otherwise, sell or agree to sell his flat, house or other building or any estate or interest therein to any other person.
[41/98]
(2)  Unless otherwise authorised by the Board, every contract, agreement or other document relating to the sale of any such flat, house or other building which is made between the owner of the flat, house or other building and a purchaser other than the Board shall be in the prescribed form.
[41/98]
(3)  Any contract, agreement or other document which is made on or after 20th November 1998 in contravention of subsection (1) or (2) shall be null and void.
[41/98]
Flat, house or other building not to be sold, mortgaged, etc., without consent of Board
50.
—(1)  No flat, house or other building which has been sold by the Board under the provisions of this Part shall be sold, leased, mortgaged or disposed of without the prior written consent of the Board.
[15/71]
(2)  Where any assignment, mortgage, transfer, charge or lease of any such flat, house or other building which is executed by or on behalf of the owner thereof without the prior written consent of the Board is registered under the provisions of the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157), the Board may, by an instrument lodged with the Registrar of Deeds or the Registrar of Titles, as the case may be, declare such assignment, mortgage, transfer, charge or lease to be void.
[13/75]
(3)  The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register the instrument without being concerned to inquire into its regularity or validity, and upon registration thereof shall cancel the registration of any such assignment, mortgage, transfer, charge or lease.
[13/75]
(4)  Any assignment, mortgage, transfer, charge or lease by an owner of a flat, house or other building sold subject to the provisions of this Part which would not be void but for this section, shall be deemed to be valid for the purposes of any legal proceedings instituted by the Board under sections 55, 56 and 61.
[13/75]
Purchase of flats, houses and other living accommodation by bodies corporate
50A.
—(1)  Notwithstanding section 47, the Minister may, by order published in the Gazette, declare any body corporate established by any written law to be entitled to purchase any flat, house or other living accommodation sold subject to the provisions of this Part.
[17/96]
(2)  Where an order is made under subsection (1) in relation to any body corporate, the provisions of this Part shall apply with such modifications as may be specified in the order.
[17/96]
Property not to be used as security or attached, etc., and no trust in respect thereof to be created without approval of Board
51.
—(1)  Subject to subsection (4), any contract or agreement to directly or indirectly use protected property (or the proceeds of sale of protected property) as security or collateral for any debt, obligation or claim shall be null and void.
(2)  Any act (including the deposit of title deeds), deed, instrument or document that purports to protect rights under or give effect to any contract or agreement that is null and void under subsection (1) shall be of no effect and shall not result in or create any interest in land or be capable of being registered under the provisions of the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157).
(3)  Where any deed, instrument or document referred to in subsection (2) is registered under the provisions of the Registration of Deeds Act or the Land Titles Act —
(a)
the Board may, by an instrument lodged with the Registrar of Deeds or the Registrar of Titles, as the case may be, declare such deed, instrument or document to be null and void; and
(b)
the Registrar of Deeds or the Registrar of Titles shall register the instrument lodged by the Board under paragraph (a) without being concerned to inquire into its regularity or validity, and upon registration thereof shall cancel the registration of such deed, instrument or document declared by the Board to be null and void.
(4)  Subsection (1) does not apply if the security or collateral is to be created or granted in favour of —
(a)
the Board;
(b)
an approved financial institution; or
(c)
any person or person belonging to a class of persons prescribed by the Minister as a person to whom, or a class of persons to which, subsection (1) will not apply.
(5)  No protected property shall vest in the Official Assignee on the bankruptcy of the owner thereof.
(6)  No protected property shall be attached in execution of an order of any court unless the order of the court is obtained by —
(a)
a mortgagee in exercise of his rights under a mortgage created with the prior written consent of the Board over that property; or
(b)
a chargee in exercise of his rights under a charge under any written law over that property.
(7)  Subsections (5) and (6) shall not apply if the sole owner of any protected property is not a citizen of Singapore or, where there is more than one owner, all the owners are not citizens of Singapore.
(8)  No trust in respect of any protected property shall be created by the owner thereof without the prior written approval of the Board.
(9)  Every trust which purports to be created in respect of any protected property without the prior written approval of the Board shall be null and void.
(10)  No person shall become entitled to any protected property (or any interest in such property) under any resulting trust or constructive trust whensoever created or arising.
(11)  In this section —
“approved financial institution” means —
(a)
any bank licensed under the Banking Act (Cap. 19);
(b)
any finance company licensed under the Finance Companies Act (Cap. 108);
(c)
any direct insurer licensed under the Insurance Act (Cap. 142); and
(d)
any merchant bank approved as a financial institution under the Monetary Authority of Singapore Act (Cap. 186);
“proceeds of sale”, in relation to any property, means the proceeds from any transaction involving the sale, transfer, conveyance, assignment, mortgage, charge or the disposal in any manner of the property or an estate or interest in the property;
“protected property” means any flat, house or other building that has been sold by the Board under the provisions of this Part;
“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act (Cap. 269) and includes any Deputy Registrar of Deeds;
“Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act (Cap. 157) and includes any Deputy Registrar of Titles and Assistant Registrar of Titles.
Transfer of flat, house or other building on death of owner
52.
—(1)  The transmission on the death of the owner, whether testate or intestate, or any transfer by the personal representatives of a deceased owner of a flat, house or other building that has been sold subject to the provisions of this Part shall not be registered under the provisions of the Registration of Deeds Act or the Land Titles Act without the written consent of the Board.
[13/75]
(1A)  Where the Board refuses to give its consent, the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or other building vested in the Board.
[13/75]
(2)  Where —
(a)
no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or other building within 12 months from the death of the owner;
(b)
representation has been taken out but the personal representatives do not apply for the written consent of the Board for the transmission or transfer of the flat, house or other building within 6 months from the date of representation; or
(c)
representation has been taken out and the personal representatives have the written consent of the Board referred to in paragraph (b), but the sale or transfer of the flat, house or other building is not completed within 12 months from the date of that written consent,
the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or other building vested in the Board.
[13/75]
(3)  Where, on the death of the owner of a flat, house or other building that has been sold subject to the provisions of this Part —
(a)
the lease in favour of the owner has not been registered under the provisions of the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157); or
(b)
no representation has been taken out under a will or on the intestacy of a deceased owner of such flat, house or other building within 12 months from the death of the owner,
the Board may rescind the agreement for the lease of such flat, house or other building.
[13/75]
(4)  Where the Board decides to lodge an instrument under subsection (1A) or (2) to have the flat, house or other building vested in itself or to rescind an agreement for a lease under subsection (3), the Board shall —
(a)
serve a written notice on the personal representatives of the deceased owner of, and on all persons known or believed to have an interest or estate in, the flat, house or other building; and
(b)
in the case where no representation is taken out, serve a notice on the flat, house or other building and on all persons known or believed to have an interest or estate in the flat, house or other building,
of its intention to lodge with the Registrar of Deeds or the Registrar of Titles, as the case may be, an instrument of vesting under subsection (1A) or (2) or of its decision to rescind the agreement for a lease and of the compensation to be paid therefor and the date on which the instrument will be lodged, or the date the rescission is to take effect, not being a date earlier than 28 days after the date of the service of the notice.
[13/75]
(5)  The personal representatives and any person who is interested in the estate of the deceased owner may, within 28 days after the date of the service of the notice, appeal to the Minister whose decision shall be final and shall not be called in question in any court.
[13/75]
(6)  Where an appeal is made to the Minister pursuant to subsection (5), the Board shall not proceed to lodge an instrument of vesting under subsection (1A) or (2) until the appeal is disposed of.
[13/75]
(7)  The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument lodged under subsection (1A) or (2) without being concerned to inquire into its regularity or validity and —
(a)
in the case of a flat, house or other building registered under the provisions of the Registration of Deeds Act (Cap. 269), the Registrar of Deeds shall make an entry in the books of the Registry that the flat, house or other building has been vested in the Board; and
(b)
in the case of a flat, house or other building registered under the provisions of the Land Titles Act (Cap. 157), the Registrar of Titles shall register the instrument on the relevant folio of the land-register without the necessity of the production of the duplicate certificate of title.
[13/75]
(7A)  Upon the making of the entry or upon registration under subsection (7)(a) or (b), the title to and the estate or interest in the flat, house or other building shall vest in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles, as the case may be, shall cancel the registration of any mortgage, charge or lease thereby overreached.
[13/75]
(8)  Where an appeal has been determined by the Minister or on the expiry of a period of 28 days after the service of the notice referred to in subsection (4) and —
(a)
the personal representatives do not consent to receive the compensation;
(b)
where representation has not been taken out under a will or intestacy of the deceased owner; or
(c)
where there are conflicting claims to the compensation to be paid by the Board,
the Board shall apply to the High Court ex parte by originating summons, supported by an affidavit, for an order to deposit the amount of the compensation in Court and, notwithstanding anything to the contrary in the Rules of Court for the time being in force, the High Court may make such an order.
[13/75]
(9)  The compensation to be paid by the Board for any flat, house or other building vested in the Board under this section shall be determined by the Board.
[13/75]
Establishment of management corporations
53.
—(1)  The owners of flats in any building of the Board shall, as soon as possible after they are directed by the Board in writing, establish a body corporate under the name of “The Management Corporation for flat numbers . . . of the Housing and Development Board building situate in Lot number . . . in Town Sub-Division or Mukim . . .”.
(2)  The Board shall not, without the prior approval in writing of the Minister and without consulting all the owners of the flats in any building, make any direction, under subsection (1), upon owners of the flats of the Board in any building.
(3)  Where a direction of the Board under subsection (1) is not carried out, the Board may, with the approval of the Minister, by notification in the Gazette, authorise a company, incorporated under the provisions of any written law for the time being in force relating to companies, to exercise the functions, duties and powers of a management corporation.
(4)  The Board may, in its discretion, with the approval of the Minister, by notification in the Gazette revoke any authorisation granted to a company under subsection (3) without assigning any reason.
(5)  A management corporation shall be constituted by an order made by the Minister, which shall be published in the Gazette.
(6)  Upon the constitution of a management corporation and so long as one exists in relation to a building, every owner of a flat in the building shall be —
(a)
a member of the management corporation; and
(b)
entitled to such voting rights as may be prescribed.
(7)  A management corporation, constituted under subsection (5), shall have perpetual succession and may sue and be sued in its name and do all other matters and things incidental or appertaining to a body corporate and not inconsistent with the provisions of this Act.
(8)  A management corporation shall establish and maintain a fund for administrative purposes sufficient in the opinion of the corporation for the control, management and administration of the common property, for the payment of any rent, rates and premiums of insurance and the discharge of any other obligations of the corporation.
(9)  For the purposes of establishing and maintaining a fund in accordance with subsection (8), the management corporation may —
(a)
determine from time to time the amounts to be raised for the purposes referred to in that subsection;
(b)
raise amounts so determined by levying contributions on the owners in such proportions as may be prescribed; and
(c)
recover from any owner by an action in any court of competent jurisdiction any sum of money expended by the management corporation for rents, rates, premiums, maintenance or conservancy, or for repairs to his flat done by the management corporation or at its direction.
(10)  Subject to subsection (13), any contribution levied under subsection (9) shall be due and be payable —
(a)
on the passing of a resolution to that effect and in accordance with the terms of that resolution; or
(b)
if the Board or a company, as the case may be, is performing the functions of a management corporation and has been vested with its powers, under section 54 on the service of a written notice and in accordance with the terms of that notice.
(11)  Any such contribution may be recovered by the management corporation or the company, as the case may be, in an action in any court of competent jurisdiction from the owner of the flat at the time when the resolution or notice, as the case may be, was passed or served and from the owner of the flat at the time when the action is instituted, both jointly and severally.
(12)  A certificate of the Board shall be conclusive evidence of the amount that may be due to the Board under subsection (10).
(13)  A management corporation shall, on the application of any owner of a flat or any person authorised in writing by him, certify —
(a)
the amount determined as the contribution of the owner;
(b)
the manner in which that contribution is payable;
(c)
the extent to which his contribution has been paid by the owner; and
(d)
the amount of any rates paid by the management corporation and not recovered by it.
(14)  In favour of any person dealing with the owner referred to in subsection (13), such a certificate shall be conclusive evidence of the matters certified therein.
(15)  A management corporation constituted under subsection (5) shall not be wound up except by an order made by the Minister cancelling the order by which it was constituted.
(16)  Such an order shall be published in the Gazette and shall provide for the winding up of the management corporation and for its dissolution.
Board or company may exercise powers of management corporation
54.  The functions and duties of a management corporation may be performed and its powers shall be vested and may be exercised by —
(a)
the Board —
(i)
where a management corporation has not been constituted under section 53(5); or
(ii)
where a management corporation, which had been constituted under section 53(5), has been wound up by an order under section 53(15); or
(b)
a company authorised by the Board under section 53(3).
Determination of lease
55.
—(1)  Where a flat, house or other building has been sold by the Board under the provisions of this Act, the Board may re-enter upon the flat, house or other building or part thereof in the name of the whole and thereupon the lease shall absolutely determine —
(a)
if the rent reserved by the lease or any part thereof is unpaid for 3 calendar months after becoming payable and the Board has sent a demand in writing by registered post addressed to the purchaser at the flat, house or other building (whether the demand has been received by the owner or not);
(b)
if the owner has committed any breach of a condition against assigning, underletting or parting with possession of the flat, house or other building or any part thereof or has committed a breach of any other condition the breach of which is not capable of remedy and the Board has sent a notice in writing by registered post addressed to the owner or purchaser at the flat, house or other building (whether the notice has been received or not);
(c)
if any condition (being a condition the breach of which is capable of remedy) on the part of the owner is not performed or observed within 2 weeks after a notice in writing has been sent by the Board to the owner addressed to the owner at the flat, house or other building drawing the attention of the owner to the non-performance or non-observance of the condition (whether the demand has been received by the owner or not);
(d)
if the owner has submitted a false statement in his application form for the purchase of the flat, house or other building;
(e)
if the owner has, in the opinion of the Board, committed a breach of any of the rules made under section 65(1)(f); or
(f)
if the owner has, without the prior written approval of the Board, used or allowed the use of the flat, house or other building otherwise than for the purpose permitted by the lease.
[31/2002]
(2)  Any determination of a lease under subsection (1) shall be without prejudice to any right of action or remedy of the Board in respect of any such breach or any other breach of the conditions contained in the lease.
Board may compulsorily acquire property sold subject to the provisions of this Part
56.
—(1)  The Board may compulsorily acquire any flat, house or other living accommodation sold subject to the provisions of this Part, whether before or after 2nd June 1975 —
(a)
if the owner thereof and his spouse, if any, has, in the opinion of the Board, ceased to occupy the same;
(b)
if the owner thereof, his spouse or any authorised occupier has at any time, whether before or after 2nd June 1975, acquired whether by operation of law or otherwise any title to or an estate or interest in any other flat, house or building or land;
(c)
if the flat, house or other living accommodation has, without the prior written approval of the Board, been used otherwise than for the purpose permitted by the lease;
(d)
if the owner thereof has permitted any person other than an authorised occupier to reside or stay in the flat, house or other living accommodation;
(e)
if the owner thereof has failed to perform or observe any condition contained in the lease to be performed or observed on the part of the owner after a notice in writing has been sent by the Board drawing his attention to the non-performance or non-observance of the condition in the lease;
(f)
if the owner thereof has made a misleading or false statement in his application to the Board for the purchase of the same;
(g)
if the owner thereof has made a misrepresentation of a material fact, whether innocently or otherwise, to the Board relating to the purchase of the flat, house or other living accommodation;
(h)
if the owner thereof assigns, underlets or parts with the possession of the same or any part thereof without obtaining the prior written consent of the Board as required by the lease;
(i)
if, in the opinion of the Board, the flat, house or other living accommodation is not being occupied by such minimum number of persons or by such persons as the Board may require;
(j)
if the owner thereof has at any time, whether before or after 2nd June 1975, ceased to be a citizen of Singapore or if the owner thereof has, at any time whether before or after 1st May 1982, ceased to be a permanent resident of Singapore;
(k)
if the rent or any payment or any part thereof due to the Board reserved under the lease or mortgage remains unpaid for 3 calendar months after it is due and payable and the Board has sent a notice of demand in writing to the owner thereof;
(l)
if the purchase price or any loan for the purchase of the flat, house or other living accommodation has been paid in full or partially with any cash grant made by the Government to the owner and paid into the owner’s account with the Central Provident Fund pursuant to section 14 of the Central Provident Fund Act (Cap. 36) and the owner refuses or fails to return the money to the Government when he is required to do so under the terms of the grant;
(m)
if the owner thereof, his spouse or any authorised occupier above the age of 14 years has on or after 1st March 1984 been convicted of an offence under section 304A, 336, 337 or 338 of the Penal Code (Cap. 224) in connection with the throwing of any matter or thing from any property belonging to, sold by or leased from, the Board; or
(n)
if the owner thereof, his spouse or any authorised occupier has been convicted of an offence under any written law relating to immigration for giving food or shelter to any person who has entered, remained or stayed in Singapore in contravention of any written law relating to immigration or for assisting such person in any way to evade apprehension.
[13/75; 25/79; 12/82; 21/86; 31/2002]
(2)  Subsection (1)(b) shall not apply to any owner or his spouse or any authorised occupier who has purchased or acquired, with the prior written consent of the Board, any commercial property not exceeding in value $250,000 or such higher value as the Minister may allow, and that commercial property is used or intended to be used by any such person for business purposes.
[25/79]
(3)  Where the Board intends to exercise its powers of compulsory acquisition conferred by this section, the Board shall serve a notice in writing on the owner of the flat, house or other living accommodation and all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the flat, house or other living accommodation (referred to in this Part as an interested person) stating the intention of the Board to acquire the premises and the compensation to be paid therefor.
[13/75]
(4)  Any owner or interested person who objects to a proposed acquisition by the Board may, within 28 days after the service of a notice referred to in subsection (3), submit in writing to the Board precisely the grounds upon which he objects to the acquisition and the compensation offered by the Board.
[13/75]
(5)  The Board shall consider the objection and may either disallow it or allow it either wholly or in part, and shall serve the owner or interested person by post or otherwise with a written notice of its decision.
[13/75]
(6)  Any appeal by any owner or interested person aggrieved by the decision of the Board shall be made to the Minister within 28 days after the date of service of such decision on the owner or interested person and the decision of the Minister shall be final and not open to review or challenge on any ground whatsoever.
[21/86]
(7)  This section shall not limit or affect the powers conferred upon the Board by any other provision of this Act or under any other written law to exercise its right of forfeiture and right of re-entry for a breach of the conditions of a lease.
[13/75]
(8)  The compensation to be paid by the Board for any flat, house or other living accommodation compulsorily acquired by the Board under this section shall be determined by the Board.
[13/75]
(9)  The Minister may direct the Board to exempt any person or class of persons from all or any of the provisions of this section.
[12/82]
Vesting of acquired property in Board
57.
—(1)  When the Board has made a decision under section 56 to compulsorily acquire a flat, house or other living accommodation, the Board may —
(a)
lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, for the vesting in the Board of the title to or the estate or interest in that flat, house or other living accommodation —
(i)
in the case where no objection has been made pursuant to section 56(4), on the expiry of a period of 28 days after the date of service of the notice referred to in section 56(3); and
(ii)
in the case where an appeal has been made to the Minister, at any time after the appeal has been determined by the Minister or when the appeal is withdrawn, as the case may be; and
(b)
in the case where no lease has been registered in favour of the owner, serve a written notice to terminate the agreement for a lease and to re-possess the flat, house or other living accommodation or part thereof in the name of the whole and thereupon any interest of the purchaser shall absolutely determine.
[13/75; 25/79]
(2)  The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument lodged under subsection (1) without being concerned to inquire into its regularity or validity and —
(a)
in the case of a flat, house or other living accommodation registered under the provisions of the Registration of Deeds Act (Cap. 269), the Registrar of Deeds shall make an entry in the books of the Registry that the flat, house or other living accommodation has been vested in the Board; or
(b)
in the case of a flat, house or other living accommodation registered under the provisions of the Land Titles Act (Cap. 157), the Registrar of Titles shall register the instrument on the relevant folio of the land-register without the necessity of the production of the duplicate certificate of title.
[13/75]
(3)  Upon the making of the entry or upon registration under subsection (2)(a) or (b), the title to and the estate or interest in the flat, house or other living accommodation shall vest in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles, as the case may be, shall cancel the registration of any mortgage, charge or lease thereby overreached.
[13/75]
Payment of compensation
58.
—(1)  The Board shall pay the compensation determined by the Board or varied by the Minister on an appeal to an owner or to both an owner and an interested person in such proportion as the Board may decide or as may be varied by the Minister.
[30/84]
(2)  Where any person entitled to the compensation refuses to accept it or cannot with due diligence be found or where there is any dispute as to the apportionment of the compensation, the Board shall apply to the High Court ex parte by originating summons, supported by an affidavit for an order to deposit the amount of compensation or any part thereof in Court and, notwithstanding anything to the contrary in the Rules of Court, the High Court may make such an order.
[30/84]
(3)  The Board may withhold any compensation payable in respect of any flat, house or other living accommodation vested in the Board under this Act to any person until the Board has taken possession of the flat, house or other living accommodation.
[13/75]
Taking possession
59.
—(1)  Where any flat, house or other living accommodation has been vested in the Board pursuant to section 47, 52 or 57, the Board may proceed to take possession of the flat, house or other living accommodation on the expiry of a period of 30 days after the service of a notice on the owner thereof.
[13/75]
(2)  If any of the officers of the Board is opposed or impeded in taking possession under this section of any flat, house or other living accommodation, the Board may take such measures (including the calling for the assistance of the police) as are necessary to have the occupants evicted from and to enforce the surrender of the flat, house or other living accommodation and to remove all things and other movable property found therein.
[13/75]
Giving false information
60.  Any person who —
(a)
in relation to the purchase, mortgage, sale or transfer by such person or any other person of a flat, house or other living accommodation; or
(b)
in relation to any application (whether by the person or on behalf of another) to the Board for its permission, consent, approval or licence under this Act or any subsidiary legislation made thereunder,
makes (whether orally, electronically, in writing or otherwise) any statement to the Board which is false, and which he either knows or believes to be false or does not believe to be true, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Unauthorised subletting
61.
—(1)  Any person who, being the lessee of a flat, house or other living accommodation sold by the Board subject to the provisions of this Part, assigns, underlets or parts with the possession of the flat, house or other living accommodation or any part thereof without obtaining the prior consent of the Board as required by the lease 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.
[13/75]
(2)  Any person who abets the commission of an offence under this section shall be punished with the punishment provided for the offence.
[13/75]
Direction of Minister to be conclusive evidence
62.
—(1)  If any dispute arises or should a ruling be required as to whether any property is a commercial property within the meaning of this Act, a direction by the Minister to the effect that the property is, or is not, a commercial property shall be conclusive evidence for all purposes.
[25/79]
(2)  Every direction under subsection (1) shall be final and shall not be called in question in any court or tribunal.
[25/79]
Direction by Board to remove any article or object placed in a manner likely to cause damage to property, etc.
63.
—(1)  The Board may by notice in writing direct any owner, lessee or occupier of any flat, house or other living accommodation sold or leased under the provisions of this Act to remove any article or object placed by any window or on any balcony of or outside such premises in a manner which is likely to cause any damage to property or injury to life.
[21/86]
(2)  Any person who fails to comply with the direction of the Board given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction.
[21/86]
Notice to quit, etc., not waived by payment made to Board
64.  Where the Board has given notice to quit or notice of breach of condition, covenant or undertaking under a lease or licence agreement or any other agreement or notice of intention to compulsorily acquire, forfeit or re-enter any property provided under this Act, any money paid to the Board after such notice has been given shall not be construed as a waiver of such breach or intention to compulsorily acquire, to terminate a lease or licence agreement or to forfeit or re-enter.
[21/86]
Power to make rules
65.
—(1)  The Minister may make rules for giving effect to the provisions of this Part and, in particular, for or with respect to all or any of the following matters:
(a)
the terms and conditions for the sale of any flat, house or other building under the provisions of this Part;
(aa)
the terms and conditions which the Board may impose in granting its consent under section 50 to any sale, lease, mortgage or disposal of a flat, house or other building; and those rules may provide that in specified circumstances, the Board shall be deemed for the purposes of that section to have granted its prior written consent subject to such terms and conditions;
(b)
the person to whom the flat, house or other building may be sold and the persons who are allowed to stay in it, including the qualifications as to income, the minimum number in the family, citizenship of and ownership of any other properties by all or any such persons;
(c)
a scheme of savings, by a prospective purchaser of a flat, house or other building, with the Board for the first minimum payment on a flat, house or other building;
(d)
the minimum first payment on the purchase of a flat, house or other building and the maximum period that may be allowed for the payment of the balance of the purchase price, together with the prescribed interest;
(e)
the functions, duties and powers of a management corporation;
(f)
regulating the use, management and control of flats, houses or other buildings of the Board, that have been sold under the provisions of this Part, and the common property;
(g)
prescribing the fees to be charged by the Board for acting for any person in the sale, purchase, transmission of the interest of a deceased owner, transfer, assignment, mortgage, discharge of a mortgage, reconveyance or surrender, of a flat sold under the provisions of this Part or for acting for any surviving joint owner of such a flat in his application to register his entitlement consequent upon the death of the other joint owner; and
(h)
prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Board and be recoverable as such) to be paid by the owner of any flat, house or other living accommodation sold under the provisions of this Part or by any applicant for any such flat, house or other living accommodation for non-observance or non-compliance with any of the restrictions, conditions or requirements of section 47, 55 or 56 where the Board does not institute proceedings against him under any of those sections.
[15/71; 13/75; 4/78; 25/79; 20/80; 31/2002]
(2)  All such rules shall be presented to Parliament as soon as possible after publication in the Gazette.