Singapore legislation
Section 31
Section 31
Power to make rules
(1)
The Board may, with the approval of the Minister, make rules prescribing anything that is to be prescribed and generally for carrying out the provisions of this Act.
(2)
Without limiting subsection (1), the Board may, with the approval of the Minister, make rules for or in respect of all or any of the following matters:
regulating the use and enjoyment of common property and open spaces in any land vested in or held in trust for the Board;
prohibiting or regulating the parking of vehicles on such common property or in such open spaces other than parking places;
regulating the carrying out of any renovation in any flat, house or other building sold under this Act;
prescribing the form or forms of the contract or agreement that must be used by every owner of any such flat, house or other building and a purchaser other than the Board;
prescribing the conditions which, if used in any contract or agreement between any owner of any such flat, house or other building and a purchaser other than the Board, are void;
prescribing that any act or omission in contravention of any rule (except a rule made under paragraph (c)) shall be an offence punishable by a fine not exceeding $5,000;
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 Board’s tenant or licensee, an owner of any flat, house or other living accommodation sold by the Board or an owner of any HUDC dwelling for late payment of any of the following moneys due to the Board:
rent;
licence fees;
maintenance fees;
moneys due under any loan provided to such owner for the owner’s purchase of such HUDC dwelling, flat, house or other living accommodation;
prescribing the financial penalty (not exceeding $5,000) to be paid by the person who leases a flat from the Board, for non‑observance or non‑compliance with any of the restrictions, conditions or requirements of the lease;
prescribing a right to appeal to the Minister (whose decision is to be final) against any financial penalty imposed under this Act or any rules made under this Act and the appeal procedures.
(3)
Any rules made under subsection (2)(c) may prescribe —
the procedure and fees relating to the application by and grant of a licence to a lessee or contractor to carry out any renovation in any such flat, house or other building;
the conditions of any such licence;
the deposit of security to the satisfaction of the Board for the due performance of all or any of the obligations imposed on the licensee by the licence or by this Act;
the power of the Board to forfeit (in part or in whole) the security deposited by a licensee under any rule made under paragraph (c) for any contravention of any obligation imposed on the licensee by the licence or by this Act;
the procedure for cancelling or suspending any such licence or forfeiting any such deposit of security, including a right of appeal to the Minister (whose decision is to be final) against any such proposed cancellation, suspension or forfeiture;
the power of the Board to impose a financial penalty not exceeding $10,000 on a licensee for contravention of any licence condition; and
that any act or omission in contravention of any rule made under subsection (2)(c) shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both.
(4)
Where any financial penalty is imposed under any rule made under subsection (3)(f) on a licensee for contravening any licence condition, any security deposited by the licensee in respect of that licence under any rule made under subsection (3)(c) is not to be forfeited under any rule made under subsection (3)(d) for that contravention except to the extent to pay the financial penalty.
(5)
Any reference to a licence in subsections (3) and (4) includes a reference to a permit or a registration scheme authorising the carrying out of any renovation in any flat, house or other building sold under this Act.
(6)
All rules made under the provisions of this Act must be presented to Parliament as soon as possible after publication in the Gazette.[27