Singapore legislation
Clause 4
of Recovery of Possession of Controlled Premises (Special Provisions) Bill
Clause 4
Recovery of possession of controlled premises for the purpose of development
(1)
Notwithstanding the provisions of any written law but subject to the provisions of this Act, a landlord of any controlled premises may, upon payment of the prescribed fee, apply in writing to the Board for the recovery of the possession thereof if —
the controlled premises are situated in a designated development area; and
the landlord intends to effect or cause to be effected development under this Act in relation to the controlled premises, or any part thereof.
(2)
Every application made under subsection (1) of this section shall be supported by —
evidence that funds are available for the purpose of putting into effect such development;
evidence that the landlord has obtained written approval for a plan of development;
an undertaking in writing that work for the purpose of putting into effect such development will commence within six months of the date when possession of the controlled premises shall have been obtained or such further period as the Board may determine in any particular case;
an undertaking in writing that the landlord will deposit with the Board within fourteen days of the date that he is notified by the Board that his application has been granted such amount of compensation as the Board in accordance with the provisions of this Act determines to be a fair and reasonable compensation to the tenant for any damage or loss which would be sustained or any reasonable expenses which would be incurred by the tenant as a result of such recovery of the controlled premises.
(3)
The Board after considering the application made under subsection (1) of this section and upon being satisfied as to the matters referred to in subsection (2) of this section may grant the application and make an order accordingly for the landlord to recover possession of the controlled premises.
(4)
Where the Board makes an order for the recovery of possession of any controlled premises the following provisions shall apply: —
the landlord shall within fourteen days of the making of the order deposit with the Board the amount of compensation awarded in accordance with the provisions of section 7 of this Act and if he fails to deposit the same the order shall, unless the Board otherwise determines, be deemed to be revoked and of no legal effect; and
every tenant against whom the order is made shall vacate the controlled premises in question within ninety days of the making of the order or within such further period as the Board in any particular case may allow; and on vacating those controlled premises, or any part thereof, such tenant may remove any building or structure erected by him on those controlled premises.
(5)
Upon vacating those controlled premises the compensation awarded under section 7 of this Act and deposited under subsection (4) of this section shall be paid by the Board to the tenant against whom the order was made.
(6)
Where the tenant fails to vacate those controlled premises within the period of ninety days of the making of such order, or within such further period as the Board has allowed, the Board may, without further order, take such measures (including the calling for the assistance of the police) as are necessary to have the tenant evicted from the controlled premises.
(7)
The controlled premises vacated by the tenant under this section shall not be used by the landlord for any purpose other than effecting development in accordance with the plan approved for such purpose and until such development is effected such controlled premises shall not be sold, leased, mortgaged, or otherwise disposed of, without the consent in writing of the Board.
(8)
Any tenant who without just cause fails to vacate the controlled premises in contravention of an order made under this section and any landlord who in contravention of subsection (7) of this section uses any controlled premises, the possession of which is recovered under this section, otherwise than for the purpose of effecting development in accordance with a plan approved for such purpose, shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding five thousand dollars or to both such imprisonment and fine and shall also be liable to a further fine of one hundred dollars for every day during which the contravention continues.