On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/03/2012.
PART VII
MISCELLANEOUS
45.
—(1) A notice or other document required or authorised by this Act to be served on any person may be served —
(a)
in the case of an individual —
(i)
by delivering it to the individual personally;
(ii)
by leaving it with an adult person apparently resident at, or by sending it by pre-paid registered post to, the usual or last known address of the place of residence of the individual;
(iii)
by leaving it with an adult person apparently employed at, or by sending it by pre-paid registered post to, the usual or last known address of the place of business of the individual;
(iv)
by sending it by facsimile transmission to the usual or last known address of the place of residence or business of the individual; or
(v)
by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual;
(b)
in the case of a partnership other than a limited liability partnership —
(i)
by delivering it to any one of the partners or the secretary or other like officer of the partnership; or
(ii)
by leaving it at, or by sending it by pre-paid registered post or facsimile transmission to, the principal or last known place of business of the partnership in Singapore;
(c)
in the case of a body corporate that is a management corporation or subsidiary management corporation for a strata title plan —
(i)
by delivering it to the chairman, secretary or other member of the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be; or
(ii)
by leaving it at, or by sending it by pre-paid registered post or facsimile transmission to, the address of the management corporation or subsidiary management corporation, as recorded on the folio of the land-register comprising the strata title plan; or
(d)
in the case of any limited liability partnership or any other body corporate —
(i)
by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof; or
(ii)
by leaving it at, or by sending it by pre-paid registered post or facsimile transmission to, the registered office or principal office of the limited liability partnership or body corporate in Singapore.
(2) If the Collector is unable after due inquiry to ascertain the whereabouts of any person on whom a notice or other document is required by this Act to serve, the notice or document may be given or served —
(a)
by placing it on a board or other structure in a conspicuous place on the land to which the notice relates and by fixing a copy of the same notice or document in a conspicuous place in the office of the Collector; or
(b)
by publishing a copy of it in one or more daily local newspapers circulating in Singapore.
(3) Where any notice or other document is —
(a)
sent by a facsimile transmission in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed when there is an acknowledgment by electronic or other means to the effect that the notice or document has been received at the place of residence or business or registered office or principal office, as the case may be;
(b)
sent by pre-paid registered post, it shall be deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, unless it is returned undelivered; or
(c)
served by publishing a copy of it in one or more daily local newspapers circulating in Singapore, it shall be deemed to have been duly served on the person to whom it is addressed on the day of the last publication.
(4) This section shall not apply to notices and documents required to be served in proceedings in court.
46.
—(1) Any person who —
(a)
(b)
wilfully, without reasonable excuse, fills up, removes, damages, destroys, displaces, obliterates or defaces any trench or mark made under section 3,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both.
(2) A court that finds a person guilty of an offence under subsection (1)(b) may, in addition to any penalty it imposes, order the person to pay compensation, totalling not more than 3 times the cost of replacing and repairing the trench or mark and of making any survey rendered necessary by the act for which the person was convicted.
(3) The amount mentioned in subsection (1) shall be levied in the manner provided by the Criminal Procedure Code (Cap. 68) for the collection of fines.
47. If the Collector is opposed or impeded in taking possession under this Act of any land, he shall apply to the Commissioner of Police who shall enforce the surrender of the land to the Collector.
48.
—(1) Except in the case provided for in section 43, the Government shall be at liberty to withdraw from the acquisition of any land or any part thereof of which possession has not been taken.
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(2) Whenever the Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage, if any, done to the land under section 3 or 7 and not already paid for under section 4, and shall pay that amount to the person injured and shall pay to the persons interested all such costs as have been reasonably incurred by them by reason or in consequence of the proceedings for acquisition, together with compensation for the damage, if any, which they may have sustained by reason or in consequence of those proceedings.
(3) The provisions of Part III shall apply, so far as may be, to the determination of the compensation payable under this section.
(4) When the Government has withdrawn from any acquisition, any costs payable by the Government to any person interested under subsection (2) shall, unless their amount is agreed between the Government and the person interested, be taxed by the Registrar of the Supreme Court in accordance with a procedure to be prescribed by Rules of Court for the time being in force.
49.
—(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building which is reasonably required for the full and unimpaired use of the house, manufactory or other building, if any person interested desires that the whole of the house, manufactory or building be so acquired:
Provided that the person interested may, at any time before the Collector has made an award under section 10, by notice in writing withdraw or modify his expressed desire that the whole of the house, manufactory or building be so acquired.
(2) The question whether a part of any house, manufactory or building is reasonably required for the full and unimpaired use of the house, manufactory or building shall, if the parties cannot agree, be referred by the Collector for the determination of the High Court.
(3) If any question arises as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building which is reasonably required for the full and unimpaired use of the house, manufactory or building within the meaning of this section, the Collector shall refer the determination of that question to the High Court, and shall not take possession of the land until after the question has been determined.
50.
—(1) If any claim for compensation is made to a Collector holding an inquiry under section 10 by a person interested or his agent as provided by sections 15 and 33(1)(c), on account of the severing of the land to be acquired from his other land, or if, notwithstanding that no such claim has been made, a Collector holding such an inquiry has certified under his hand that compensation as aforesaid is payable upon the acquisition, it shall be lawful for the President at any time before the Collector has made his award, to order the acquisition of the whole or any additional portion of the land of which the land first sought to be acquired forms a part.
(2) No fresh notification or other proceedings under sections 5, 6 and 8 shall be necessary; but the Collector shall without delay furnish a copy of the order of the President to the person interested and shall thereafter proceed to make his award under section 10.
51. Where land is acquired for any person, corporation or statutory board, the costs incurred by the Collector in the acquisition shall be defrayed by that person, corporation or statutory board.
52. [Deleted by Act 38/2002 wef 01/01/2003]
53. No suit shall be brought to set aside an award or apportionment under this Act.
54.
—(1) The Minister may make rules generally for carrying out the provisions of this Act, and without prejudice to that general power, may make rules for the guidance of officers in all matters connected with this Act.
(2) All such rules shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.
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