On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 18/04/2013.
4.
—(1) No housing development shall be carried out or undertaken in Singapore except by a housing developer who or which is in possession of a licence in writing from the Controller authorising it to do so.
(2) A housing developer that desires to carry out or undertake housing development in Singapore may apply to the Controller in the prescribed form for a licence and shall supply —
(a)
if a company, a copy of the memorandum of association and articles of association or other instrument under which the company is incorporated;
(b)
if a group of persons or a partnership, a copy of any agreement between those persons or the partnership agreement, as the case may be;
(c)
if a society, the rules or by-laws of the society;
(d)
if a limited liability partnership, a copy of its limited liability partnership agreement or, in the absence of such agreement in writing, any other document which sets out the mutual rights and duties of the partners of the limited liability partnership;
(e)
a copy of the latest balance-sheet of the partnership, society, company or limited liability partnership or, in the case of a person or group of persons, the balance-sheet, if any, relating to any housing development undertaken by the person or group of persons; and
(f)
such other information as may be required by the Controller.
(3) Any copy of any memorandum, articles of association, agreement, partnership agreement, limited liability partnership agreement or other document to that effect, rules or by-laws of a society or balance-sheet which is supplied to the Controller under subsection (2) shall be duly verified by a statutory declaration by the following person:
(a)
in the case of a company, by a senior officer of the company;
(b)
in the case of a partnership, by a partner;
(c)
in the case of a society, by the president or the secretary or person holding a position analogous to that of president or secretary;
(d)
in the case of a person or group of persons, by that person or by any person in the group of persons; and
(e)
in the case of a limited liability partnership, by its manager.
(4) Upon receiving an application under subsection (2), the Controller may, subject to section 5, grant a licence, with such conditions as may be imposed for carrying out the purposes of this Act or without conditions.
(5) The Controller may at any time vary or revoke any existing conditions of a licence or impose conditions or additional conditions:
Provided that —
(a)
the Controller shall, prior to any such action, notify his intention to take such action against the housing developer concerned and shall give the housing developer an opportunity to submit reasons or an explanation in writing why its licence should not be so amended;
(b)
any variation of the conditions, or additional conditions imposed, in exercise of the powers under this subsection, shall not have retrospective effect.
(6) Where a licence is subject to conditions, the housing developer concerned shall comply with the conditions of the licence.
(7) Any housing developer that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and shall also be liable to imprisonment for a term not exceeding 5 years.
(8) Any housing developer that fails to comply with any condition of its licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
(9) Any housing developer that is aggrieved by a decision of the Controller under —
(a)
subsection (4) may, within 10 days of its being notified of the decision, appeal to the High Court in Singapore;
(b)
subsection (5) may, within 10 days of its being notified of the decision, appeal to the Minister whose decision shall be final.