Housing Developers (Control and Licensing) Ordinance

This Ordinance may be cited as the Housing Developers (Control and Licensing) Ordinance, 1964, and shall come into operation on such date as the Minister may by notification in the Gazette, appoint.

The Minister may appoint different dates for the coming into operation of different Parts or provisions of this Ordinance.

“company” means any company incorporated, formed or registered under the provisions of the Companies Ordinance (Cap. 174) or any other written law repealing and re-enacting the provisions thereof;

“Controller” means the Controller of Housing appointed under the provisions of subsection (1) of section 3 of this Ordinance;

“develop” means to construct or cause to construct housing accommodation, including any building operations in, on, over or under the land for the purpose of erecting housing accommodation and the sale of land which would be appurtenant to such housing accommodation;

“housing accommodation” includes a building or tenement wholly or principally constructed, adapted or intended for human habitation or for human habitation and as business premises;

“housing developer” means any —

“housing development” means the business of —

“Inspector” means an Inspector appointed under the provisions of subsection (2) of section 3 of this Ordinance;

“licence” means a licence granted under the provisions of subsection (4) of section 4 of this Ordinance;

“licensed housing developer” means a housing developer holding a valid licence or provisional licence;

“provisional licence” means a provisional licence granted under the provisions of subsection (3) of section 29 of this Ordinance.

The Minister shall appoint an officer to be styled the Controller of Housing for the purposes of this Ordinance.

The Minister may appoint such number of Inspectors and other officers and servants for the purposes of this Ordinance.

The Government, the Controller, any Inspector or any other officer of the Government shall not be subject to any action, claim or demand by or liability to any person in respect of anything done or omitted to be done in good faith in pursuance or in execution or intended execution or in connection with the execution or intended execution of any power conferred upon the Government, the Controller, any Inspector or such officer by this Ordinance.

For the purposes of this section, the Minister and any public officer shall be deemed to be an officer of the Government.

Without prejudice to anything contained in any written law relating to companies, co-operative societies, societies or partnerships, any person who is a director, manager or secretary of a licensed housing developer or who holds a position analogous to that of a director, manager or secretary shall cease to hold office —

No person who has been a director of, or directly concerned in the management of, the business of a licensed housing developer which has been wound up by a court shall, without the approval in writing of the Minister, act or continue to act as a director of, or be directly concerned in, the management of the business of any licensed housing developer.

Any person who acts in contravention of the provisions of subsection (1) or (2) of this section shall be guilty of an offence under this Ordinance and shall be liable on conviction to be punished with imprisonment for a term which shall not be less than twelve months, but which shall not exceed three years and shall also be liable to a fine not exceeding ten thousand dollars.

Where any offence against any provision of this Ordinance has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or holds a position analogous to that of a director, manager or secretary or was purporting to act in such capacity shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances. Such director, manager, secretary or person who held a position analogous to that of a director, manager or secretary or who was purporting to act in such capacity shall be liable on conviction to be punished with imprisonment for a term which shall not be less than twelve months, but which shall not exceed three years and shall also be liable to a fine not exceeding ten thousand dollars.

Where any person would be liable under this Ordinance to any punishment or penalty for any act, omission, neglect or default he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any clerk, servant or agent, or of the clerk or servant of such agent:Provided that such act, omission, neglect or default was committed by such clerk or servant in the course of his employment, or by such agent when acting on behalf of such person, or by the clerk or servant of such agent when acting in the course of his employment in such circumstances that had such act, omission, neglect or default been committed by the agent his principal would have been liable under this section.

Housing development shall not be carried out or undertaken in Singapore except by a housing developer which is in possession of a licence in writing from the Controller authorising it to do so.

A housing developer which 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 —

Any copy of a memorandum, articles of association, agreement, partnership agreement, rules or by-laws of a society or balance-sheet which is supplied to the Controller, under the provisions of subsection (2) of this section shall be duly verified by a statutory declaration in the case of an application by a —

Upon receiving an application under the provisions of subsection (2) of this section, the Controller may, subject to the provisions of section 5 of this Ordinance, grant a licence, with or without conditions, or refuse a licence.

The Controller may at any time vary or revoke any existing conditions of a licence or impose conditions or additional conditions:Provided that 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.

Where a licence is subject to conditions the housing developer concerned shall comply with the conditions of the licence.

Any housing developer which contravenes the provisions of subsection (1) of this section shall be guilty of an offence under this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding twenty thousand dollars.

Any housing developer which fails to comply with any condition of its licence shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding twenty thousand dollars.

Any housing developer which is aggrieved by a decision of the Controller under the provisions of subsection (4) or (5) of this section may, within ten days of its being notified of such decision, appeal to the Minister whose decision thereon shall be final.

Except with the consent in writing of the Controller, a person or body of persons not being a licensed housing developer shall not assume or use in relation to the business or any part of the business carried on by the person or body of persons the words “housing developer” or any of its derivatives or any word indicating the carrying on of housing development.

Any person or body of persons, not being a licensed housing developer, who contravenes the provisions of subsection (1) of this section shall be guilty of an offence under this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding twenty thousand dollars or to both such imprisonment and fine.

If any licensed housing developer —

Where the licence of a housing developer has been revoked under the provisions of subsection (1) of this section the licensed housing developer may, within thirty days of being notified of such revocation, appeal against such revocation to the Minister whose decision thereon shall be final and shall not be questioned in any court.

A licensed housing developer shall within four weeks of the making of any alteration —

Any licensed housing developer which fails to comply with the requirements of subsection (1) of this section shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five hundred dollars for every day during which such default continues.

Every licensed housing developer shall —

Any licensed housing developer which fails to comply with any of the provisions of subsection (1) of this section shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding ten thousand dollars.

Every licensed housing developer shall send to the Controller not later than twenty-one days after the last day of each half year ending on the 30th day of June, and the 31st day of December, a statement in the prescribed form.

Any licensed housing developer which fails to comply with any of the requirements set out in subsection (1) of this section shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding ten thousand dollars.

A licensed housing developer which considers that it is likely to become unable to meet its obligations to the purchasers shall forthwith inform the Controller of such fact.

Any licensed housing developer which fails to comply with the provisions of subsection (1) of this section shall be guilty of an offence under this Ordinance.

Every licensed housing developer shall inform the Controller of any proposed arrangement or agreement for any sale or disposal of its business relating to housing development by amalgamation or otherwise or of any proposal for reconstruction.

The Controller may approve or withhold approval of such arrangement or reconstruction.

Any licensed housing developer which is aggrieved by a decision of the Controller, under the provisions of subsection (2) of this section, may appeal to the Minister, within fourteen days of being notified of such decision. The decision of the Minister shall be final and shall not be questioned in any court.

Any licensed housing developer which fails to comply with the provisions of subsection (1) of this section shall be guilty of an offence under this Ordinance.

Every licensed housing developer shall appoint annually an auditor, being a person approved by the Controller, whose duties shall be to make a report upon the annual balance-sheet and accounts of such housing developer. The auditor shall in every such report state in his opinion whether —

The report of the auditor shall be sent to the Controller within three months after the close of the financial year of the housing developer concerned.

Any licensed housing developer which fails to comply with the requirements of subsection (1) or (2) of this section shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding ten thousand dollars.

If a licensed housing developer fails to appoint an auditor under the provisions of subsection (1) of this section or at any time fails to fill a vacancy for an auditor, the Minister shall have power to appoint an auditor and shall fix the remuneration to be paid by such licensed housing developer to such auditor.

No person having an interest in the business of a licensed housing developer, as a shareholder or otherwise, and no director, officer, employee or agent of that licensed housing developer shall be eligible for appointment as an auditor for such licensed housing developer. Any person appointed as an auditor to a licensed housing developer, who shall after such appointment acquire such interest or become a director, an officer, employee or agent of such licensed housing developer, shall forthwith cease to be such auditor.

The duties, powers and liabilities imposed and conferred under the provisions of section 16 of this Ordinance in relation to an investigation by the Controller or an Inspector of the affairs of a licensed housing developer under the provisions of section 14 or 15 of this Ordinance are hereby imposed and conferred upon auditors appointed under the provisions of this section.

The Minister may cause an investigation, under conditions of secrecy, to be made by the Controller or an Inspector of the affairs of a licensed housing developer on the application of not less than five purchasers.

Such application shall be supported by such evidence as the Minister may require for the purpose of satisfying himself that the applicants have good reason for requiring such investigation. The Minister may also require the applicants to give such security as he may consider sufficient for the payment of the costs of any investigation.

For the purposes of an investigation under the provisions of sections 14, 15 and 16 of this Ordinance a licensed housing developer shall afford the Controller or an Inspector access to its books, accounts and documents and shall give such information and facilities as may be required to conduct the investigation.

Any licensed housing developer which does not, as is required under the provisions of subsection (1) of this section, afford the Controller or an Inspector access to its books, accounts and documents or give such information and facilities as may be required to conduct an investigation shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding ten thousand dollars and to a further fine not exceeding one thousand dollars for every day during which the offence is continued after conviction.

For the purposes of an investigation under the provisions of sections 14, 15 and 16 of this Ordinance, the Controller and every Inspector shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 119).

Where —

Without prejudice to the generality of the foregoing, the Minister may for the purposes of taking action under the provisions of subsection (1) of this section —

Where a company or statutory board has assumed control of the business of a licensed housing developer in pursuance of paragraph (c) of subsection (2) of section 18 of this Ordinance, such company or statutory board shall, subject to the provisions of subsection (2) of this section, remain in control of and continue to carry on the business of the licensed housing developer for such time as the Minister may by order in writing direct.

Where a company or statutory board has assumed control of the business of a licensed housing developer in pursuance of paragraph (c) of subsection (2) of section 18 of this Ordinance or ceases to control the business of a licensed housing developer in pursuance of this section, the Controller shall notify that fact in the Gazette.

Where a company or statutory board has assumed control of the business of a licensed housing developer in pursuance of paragraph (c) of subsection (2) of section 18 of this Ordinance, the licensed housing developer shall submit its business to the control of such company or statutory board and shall provide such company or statutory board with such facilities as the Controller may require to carry on the business of that licensed housing developer.

Any licensed housing developer which fails to comply with the provisions of subsection (1) of this section or with any requirement of the Controller thereunder shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding twenty thousand dollars and to a further fine not exceeding one thousand dollars for every day during which the offence is continued after conviction.

The Minister may make rules for or in respect of every purpose which is deemed by him necessary for carrying out the provisions of this Ordinance and for the prescribing of any matter which is authorised or required under this Ordinance to be prescribed.

Without prejudice to the generality of the foregoing, the Minister may by such rules provide for —

Such rules —

The Minister may, in lieu of making any rules prescribing the form which by this Ordinance are required to be or may be prescribed, authorise the Controller to prescribe such forms as the Controller thinks fit.

All such rules shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication.

The Controller may give directions in writing to a licensed housing developer to ensure compliance with the provisions of this Ordinance or any rules made thereunder.

Any licensed housing developer which fails to act or omits to act in accordance with any such direction shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding ten thousand dollars and to a further fine not exceeding one thousand dollars for every day during which the offence is continued after conviction. Such licensed housing developer may, in addition to such punishment, be liable to have its licence cancelled or suspended.

Notwithstanding the provisions of sections 4 and 5 of this Ordinance any housing developer which before the 1st day of November 1964, was carrying on the business of a housing developer may, upon being granted a provisional licence under the provisions of subsection (3) of this section and subject to such conditions, if any, contained in the licence, continue to carry on such business for such period as may be specified in the licence.

Any housing developer which was carrying on the business of a housing developer before the 1st day of November 1964, may apply to the Controller in the prescribed form for a provisional licence.

Upon receiving an application under the provisions of subsection (2) of this section the Controller may, notwithstanding the provisions of section 5 of this Ordinance, grant a provisional licence, with or without conditions, for such period, subject to the provisions of subsection (4) of this section, as he may determine, or refuse a licence.

No provisional licence shall be granted for any period beyond five years after the date of the coming into operation of this Ordinance.

The Controller may at any time vary or revoke any existing conditions of a provisional licence or impose conditions or additional conditions:Provided that 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.

Where a licence is subject to conditions the housing developer concerned shall comply with the conditions of the licence.

Any housing developer which fails to comply with any condition of its provisional licence shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding twenty thousand dollars.

Any housing developer which is aggrieved by a decision of the Controller under the provisions of subsection (3) or (5) of this section may, within ten days of its being notified of such decision, appeal to the Minister whose decision thereon shall be final.