In forceAmended2020 Revised Edition

Contents

Central Provident Fund Act 1953 · 2020 Revised Edition · Part 3 · Withdrawal of Contributions

21E. Definitions and interpretation of provisions relating to immovable property

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Amended

Last amended by an amending law of 2024.

(1)

In this section, sections 21C and 21D and Part 3A —

“applicable provision” —

(a)

in relation to a continued charge constituted under section 21C(1), means the following provisions corresponding to the relevant charge referred to in section 21C(1)(a):

(i)

if the relevant charge is a charge under section 15AB(1) or (2), or under section 15(9) or (9A) of the Act as in force before 1 March 2022 — section 15AB(15);

(ii)

if the relevant charge is a charge under section 15AB(10), (11) or (13) or under section 15(11D), (11E) or (11EB) of the Act as in force before 1 March 2022 — section 15AB(14);

(iii)

if the relevant charge is a charge under section 21(1) — section 21(1A) to (12);

(iv)

if the relevant charge is a charge under section 21A(1) — section 21A(1A) to (10) and section 21(12);

(v)

if the relevant charge is a charge under section 21B(1) — section 21B(2) to (11B) and section 21(12);

(vi)

if the relevant charge is a charge under section 27C(1)(i) — section 27C(1)(g), (j), (k) and (l);

(vii)

if the relevant charge is a charge under section 27D(1)(j)(ii) — section 27D(1)(h) and (l);

(viii)

if the relevant charge is a charge under section 27DA(1)(i) — section 27DA(1)(g), (j) and (k);

(ix)

if the relevant charge is a charge under section 27DB(2)(e) — section 27DB(2)(c), (f) and (g);

(x)

if the relevant charge is a charge under section 27E(1)(h) — section 27E(1)(f), (i) and (j);

(xi)

if the relevant charge is a charge under section 27F(1)(h) — section 27F(1)(f), (i), (j) and (k);

(xii)

if the relevant charge is a charge under section 21C(1) (called in this sub-paragraph the earlier continued charge) — the applicable provisions in relation to that earlier continued charge; and

(b)

in relation to a deemed undertaking under section 21C(2) or 21D(1), means the following provisions corresponding to the relevant undertaking referred to in sections 21C(2)(a) and 21D(1):

(i)

if the relevant undertaking is an undertaking under section 15AB(3) or (4), or under section 15(10) or (10A) of the Act as in force before 1 March 2022 — section 15AB(5);

(ii)

if the relevant undertaking is an undertaking under section 27D(1)(j)(i) — section 27D(1)(k);

(iii)

if the relevant undertaking is a deemed undertaking under section 21C(2) or 21D(1) (called in this sub-paragraph the earlier deemed undertaking) — the applicable provisions in relation to that earlier deemed undertaking;

“original property”, in relation to a relevant charge or relevant undertaking, means any immovable property on which the relevant charge is constituted or in respect of which a relevant undertaking is given;

“relevant charge” means a charge mentioned in the following paragraphs (constituted before, on or after the date of commencement of section 29 of the Central Provident Fund (Amendment) Act 2024) which secures payment to the Board, on the disposal of an immovable property, of the payment mentioned in the same paragraph (called the corresponding payment):

(a)

a charge under section 15AB(1) or (2), or under section 15(9) or (9A) of the Act as in force before 1 March 2022 — payment of the whole or part of the member’s retirement sum;

(b)

a charge under section 15AB(10), or under section 15(11D) of the Act as in force before 1 March 2022 — payment of an amount withdrawn by a member;

(c)

a charge under section 15AB(11), or under section 15(11E) of the Act as in force before 1 March 2022 — payment of the entire surrender value of a member’s approved annuity;

(d)

a charge under section 15AB(13), or under section 15(11EB) of the Act as in force before 1 March 2022 — payment of the whole or part of the retirement sum applicable to a member;

(e)

a charge under section 21(1), 21A(1) or 21B(1) — repayment of the money withdrawn from the Fund including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made;

(f)

a charge under section 27C(1)(i), 27D(1)(j)(ii), 27DA(1)(i), 27DB(2)(e), 27E(1)(h) or 27F(1)(h) — payment of an amount referred to in section 27C(1)(g), 27D(1)(h), 27DA(1)(g), 27DB(2)(c), 27E(1)(f) or 27F(1)(f), respectively, to be credited to one or more designated accounts maintained, or to be maintained, for a member’s spouse;

(g)

a charge under section 21C(1) where the relevant charge referred to in section 21C(1)(a) is a charge mentioned in paragraph (a), (b), (c), (d), (e) or (f) or this paragraph — payment of the corresponding payment mentioned in paragraph (a), (b), (c), (d), (e) or (f) (as the case may be) applicable to that relevant charge;

“relevant owner” means —

(a)

in relation to an immovable property on which there is a relevant charge — all persons to whose rights, benefits and interest the relevant charge extends; and

(b)

in relation to an immovable property in respect of which there is a relevant undertaking — all persons who have given or consented to, or are deemed to have given, the relevant undertaking;

“relevant transaction” means —

(a)

the surrender of the certificate of title, subsidiary certificate of title or duplicate lease of the original property for a new certificate of title, subsidiary certificate of title or duplicate lease of a replacement property; or

(b)

any other transaction prescribed by regulations made under section 77(1) in which the original property is disposed of and results in a relevant owner acquiring an interest or estate in a replacement property;

“relevant undertaking” means any of the following undertakings given before, on or after the date of commencement of section 29 of the Central Provident Fund (Amendment) Act 2024:

(a)

an undertaking by a member under section 15AB(3) or (4), or section 15(10) or (10A) of the Act as in force before 1 March 2022, to refund to the Board an amount equal to the member’s retirement sum or part thereof which is required to be set aside;

(b)

an undertaking by a member’s spouse under section 27D(1)(j)(i) to pay to the Board an amount referred to in section 27D(1)(h) to be credited to one or more designated accounts maintained, or to be maintained, for the member’s spouse;

(c)

an undertaking deemed to be given under section 21C(2), where the relevant undertaking referred to in that provision is an undertaking mentioned in paragraph (a), (b) or (d) or this paragraph, to pay to the Board the amount mentioned in paragraph (a) or (b) (as the case may be) applicable to that relevant undertaking;

(d)

an undertaking deemed to be given under section 21D(1), where the relevant undertaking referred to in that provision is an undertaking mentioned in paragraph (a), (b) or (c), to pay to the Board the amount mentioned in paragraph (a) or (b) (as the case may be) applicable to that relevant undertaking;

“replacement property” means immovable property which —

(a)

includes the whole or part of an original property; and

(b)

is acquired by a relevant owner as a result of a relevant transaction;

“spouse” includes a former spouse.

(2)

In this section, sections 15AB(3) and (4), 21C and 21D and Part 3A —

(a)

a reference to a relevant charge on immovable property includes a relevant charge in respect of an interest or estate in the immovable property;

(b)

a reference to the disposal of an immovable property includes the sale, transfer, assignment or other disposal of any interest or estate in the immovable property, whether voluntary or otherwise.

(3)

To avoid doubt, in this section and sections 15AB(3), (4) and (8) to (14), 21, 21A, 21C and 21D, “immovable property” includes an HDB flat unless the context otherwise requires.