On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 31/07/2004.
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]