Jurong Town Corporation Act

“authorised occupier” means a person who is named in an application made to the Corporation as the person who intends to reside in the flat, house or building sold or to be sold by the Corporation under Part IV or any person who is authorised in writing by the Corporation to reside therein;

“Chairman” means the Chairman of the Corporation appointed under section 4;

“commercial property” means any flat, house or building or any part thereof which is permitted to be used pursuant to the Planning Act 1998 (Act 3 of 1998) or any other written law for the purpose of carrying on any business or which is lawfully so used;

“common property” means so much of the developed land and all parts of the building as are not comprised in the flats in a building;

“Corporation” means the Jurong Town Corporation established under section 3;

“developed land” means any land of the Corporation upon which a building has been erected;

“financial year” means a period of 12 months beginning on 1st April in each year and ending on 31st March in the following year;

“flat” means a horizontal stratum of a building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of human habitation or business or for any other purpose;

“lease” includes an agreement for a lease;

“officer” includes the Chairman, members and employees of the Corporation;

“owner”, in relation to immovable property, includes a person who has purchased a leasehold interest in any property sold by the Corporation and also includes a purchaser under an agreement for lease.

“goods” includes animals, carcases, baggage and any other movable property of any kind whatsoever;

“Jurong Port” means any place in the district of Jurong in Singapore which is owned by the Corporation and where facilities are provided by the Corporation for ships to load or unload;

“owner” —

“transhipment goods” means goods landed from a vessel and placed in the custody of the Corporation for the purpose of shipment on another vessel on a through bill of lading dated at the port of loading of such goods and showing that the destination is via Singapore, with the ultimate port of destination marked on each package or unit containing such goods and declared on a transhipment manifest lodged with the Corporation prior to or at the time such goods are placed in its custody;

“vessel” includes any ship or boat or air-cushioned vehicle or floating rig or platform used in any form of operations at sea or any other description of vessel.

Notwithstanding section 57, the Corporation shall, on application made to it by the owner of any vessel, enter into a contract with the owner whereby the Corporation shall accept liability for any loss caused by reason of short delivery by the Corporation of any goods deposited with or placed in the custody or control of the Corporation or any failure by the Corporation to deliver or account for them.

For the purposes of this section, the Corporation may prescribe the terms and conditions of the contract and may, with the approval of the Minister, from time to time prescribe the rates to be levied.

The Corporation may, in its discretion, refuse to enter into such contract unless the contract is in respect of all of the goods to be loaded into or discharged from a vessel, as the case may be.

In respect of any transhipment goods delivered by any person to, or placed by any person in the custody of, the Corporation, the Corporation shall, from the time of acknowledgment of the receipt of such goods and until delivery of the goods alongside the on-carrying vessel for loading, be liable, subject to section 60, for the loss or destruction of, or damage to, the goods.

The Corporation shall not be liable for any such loss, destruction or damage in a sum of more than $2,000 per package or unit unless the nature and value of the goods contained therein have, prior to delivery to the Corporation, been declared in writing to the Corporation by the person delivering or causing them to be delivered, and the Corporation shall not in any event be liable therefor where the value of any such goods has been mis-stated.

The owner or master of any vessel discharging or intending to discharge any cargo which is the subject or likely to be the subject of a declaration of general or particular average into the premises of the Corporation shall inform the Corporation of the existence or likelihood of the declaration and of the particulars of the cargo affected or likely to be affected thereby prior to the commencement of the discharge.

The Corporation shall be exempt from all liability in respect of the discharge, reception, storage or removal of any cargo referred to in subsection (1).

Nothing in this Part shall preclude the Corporation from accepting goods for storage as well as liability for any loss, destruction or damage thereto.

Nothing in this Part shall affect any liability that may be imposed on the Corporation by any written law relating to compensation to workmen.

There shall be established a body to be called the Jurong Town Corporation.

The Corporation shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold or dispose of property, both movable and immovable, to enter into contracts, to sue and be sued in its corporate name and to perform such other acts as bodies corporate may by law perform.

The Corporation shall consist of —

The Minister may, with the President’s concurrence, appoint one of the members of the Corporation as Deputy Chairman.

The quorum at all meetings of the Corporation shall be 4.

The Chairman or any officer authorised by him to act on his behalf may call a meeting of the Corporation at least once in every 2 months or as often as he thinks fit.

The members of the Corporation, other than the Chairman, shall, unless their appointment is revoked by the Minister under subsection (9) or unless they resign during their period of office, hold office for a period of 3 years or for such shorter period as the Minister may in any case determine.

If for any reason the Chairman is absent or unable to act or the office of Chairman is vacant, the Deputy Chairman or, in the absence of both the Chairman and the Deputy Chairman, any member of the Corporation duly appointed by the members present at any meeting of the Corporation may exercise all or any of the powers conferred, or perform all or any of the duties imposed, on the Chairman under this Act.

The Chairman or the person lawfully acting as Chairman at any meeting of the Corporation shall have an original as well as a casting vote.

A member of the Corporation shall not, at any meeting of the Corporation, participate in any discussion relating to, and shall not vote in respect of, any business in which he is interested, and if he does so his vote shall not be counted nor shall he be counted in the quorum present at such meeting.

The members of the Corporation shall be paid out of the funds of the Corporation such salaries, fees or allowances as the President may determine.

The Minister with the President’s concurrence under Article 22A(1)(b) of the Constitution may at any time revoke the appointment of the Chairman, the Deputy Chairman or any other member of the Corporation.

The Minister may give to the Corporation such directions, not inconsistent with the provisions of this Act, as he considers fit, as to the exercise and performance by the Corporation of its powers, duties and functions under this Act and the Corporation shall give effect to all such directions.

The Corporation shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.

After consulting the Public Service Commission, the Corporation may, with the approval of the Minister and the President’s concurrence under Article 22A(1)( b) of the Constitution, appoint a chief executive officer on such terms and conditions as it may determine.

The chief executive officer shall —

If the chief executive officer is temporarily absent from Singapore, or is temporarily unable to perform his duties by reason of illness or otherwise, another person may be appointed by the Corporation to act in the place of the chief executive officer during any such period of absence from duty.

The Corporation may from time to time appoint and employ such other employees and agents as it thinks fit for the effective performance of its functions on such terms and conditions as the Corporation may determine.

The Corporation may, in its discretion, appoint from among its own members or other persons who are not members of the Corporation such number of committees as it thinks fit consisting of members or other persons or members and other persons for purposes which, in the opinion of the Corporation, would be better regulated and managed by means of those committees.

The Corporation may, subject to such conditions or restrictions as it thinks fit, delegate to any such committee or the Chairman all or any of the powers, functions and duties by this Act vested in the Corporation, except the power to borrow money or to raise loans by the issue of bonds and debentures; and any power, function or duty so delegated may be exercised or performed by that committee or the Chairman in the name and on behalf of the Corporation.

The Corporation may, subject to such conditions or restrictions as it thinks fit, delegate to any employee thereof all or any of the powers, functions and duties by this Act vested in the Corporation, except the power to borrow money or to raise loans; and any power, function or duty so delegated may be exercised or performed by the employee in the name and on behalf of the Corporation.

The Corporation may continue to exercise any power conferred upon it, or perform any function or duty under this Act, notwithstanding the delegation of such power, function or duty under this section.

No matter or thing done and no contract of any kind entered into by the Corporation and no matter or thing done by any member of the Corporation or by any employee thereof or any other person whomsoever acting under the direction of the Corporation shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Act, subject any such member or employee or any person acting under the direction of the Corporation personally to any action, liability, claim or demand whatsoever in respect thereof.

Any expense incurred by the Corporation or any member, employee or other person so acting under the direction of the Corporation shall be borne by and repaid out of the funds of the Corporation.

The functions of the Corporation are —

The Corporation shall have power to do anything for the purpose of the discharge of its functions under this Act or which is incidental or conducive to the discharge of those functions and, in particular, may —

(ga)grant loans to employees or to act as guarantor for loans taken by them, to enable them to purchase their own houses, furniture, fittings, home appliances and vehicles;

(gb)award scholarships or give loans to employees to obtain professional, technical or other training;

The Corporation may, from time to time, for the purposes of this Act raise loans —

The Corporation shall pay interest on those loans at such rate and at such times, and shall make such provisions for the mode and time or times of repayment of principal as may be approved by the Minister.

The Corporation may, from time to time, borrow by way of temporary loan or overdraft from a bank or otherwise any sum which it may temporarily require —

Bonds and debentures of the Corporation issued before the commencement of subsection (5) shall be guaranteed by the Government as to the repayment of principal and the payment of interest at such rate as may be approved by the Minister.

Bonds and debentures of the Corporation issued on or after the commencement of this subsection shall be guaranteed by the Government as to the repayment of principal and the payment of interest at such rate as may be approved by the Minister if the President, acting in his discretion, concurs with the giving of such guarantee.

For the purposes of subsection (1), the power to raise loans shall include the power to make any financial agreement whereby credit facilities are granted to the Corporation for the purchase of goods, materials or things.

Where the Corporation is authorised to borrow money, the Corporation may, subject to the approval or direction of the Minister, raise money in any manner and, in particular, raise it by —

The Corporation may, with the approval or direction of the Minister, fix such rates of interest and such terms, conditions and periods to secure the repayment of the sums borrowed as it thinks fit.

The Minister may approve or disallow any item or portion of any item shown in the budget, and shall return the budget as amended by him to the Chairman.

The Corporation shall present the budget which has been approved by the Minister to the President for his approval under Article 22B of the Constitution.

The budget when approved by the President shall be published in the Gazette. [17

The Corporation may at any time cause to be prepared a supplemental budget to provide, subject to section 24(2)(d), for unforeseen or urgently required expenditure containing —

A supplemental budget shall be dealt with in the manner provided in section 16 for the annual budget. [18

The accounts of the Corporation shall be kept by a chief financial officer appointed by and responsible to the Corporation.

The chief financial officer shall prepare in respect of each financial year a statement of accounts in a form approved by the Minister.

The chief financial officer shall keep proper accounts and records of the transactions and affairs of the Corporation and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Corporation and over the expenditure incurred by the Corporation. [19

The accounts of the Corporation shall be audited by the Auditor-General or by an auditor appointed annually by the Minister in consultation with the Auditor-General.

The Corporation’s auditor shall be paid out of the funds of the Corporation such remuneration, expenses or fees as the Minister, after consultation with the Corporation, shall direct.

The Corporation’s auditor shall be entitled to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Corporation and may make copies of or extracts from any such accounting or other records.

The Corporation’s auditor or a person authorised by him may require any person to furnish him with such information which that person possesses or has access to as the auditor or the duly authorised person considers necessary for the purposes of the functions of the auditor under this Act.

An officer of the Corporation who refuses or fails without any reasonable cause to allow the Corporation’s auditor or a person authorised by him access to any accounting and other records of the Corporation in his custody or power or to give any information possessed by him as and when required or who otherwise hinders, obstructs or delays the Corporation’s auditor or any person authorised by him in the performance of his duties or the exercise of his powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction. [20

The chief financial officer of the Corporation shall prepare the financial statements in respect of each preceding financial year and submit them to the Corporation’s auditor who shall audit and report on them to the Minister and the President.

The Corporation’s auditor shall state in his report of his audit whether —

The Corporation’s auditor shall report on any other matter arising from the audit as he considers necessary. [21

A copy of the audited financial statements signed by the Chairman, the chief executive officer and the chief financial officer, and certified by the Corporation’s auditor, together with a copy of any report made by the auditor, shall be submitted to the Minister not later than 8th September and to the President not later than 30th September in each year.

Where the Auditor-General has not been appointed to be the auditor of the Corporation a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General at the same time as they are submitted to the Minister.

The Minister shall present a copy of the audited financial statements and the report of the Corporation’s auditor to Parliament.

The audited financial statements and the auditor’s report referred to in subsection (3) shall be published in the Gazette. [22

The Corporation shall, not later than 8th September in each year, unless the Minister otherwise authorises in writing, furnish to the Minister a report of its functions during the preceding year.

The Minister shall cause a copy of every such report to be presented to Parliament. [22A

All moneys paid to the Corporation shall forthwith be paid into such banks as may from time to time be decided by the Corporation.

The accounting records of the Corporation shall distinguish between capital and revenue transactions.

Moneys received by way of loans shall be shown separately in the books and accounts and in the balance-sheet of the Corporation.

No payment shall be made by the Corporation unless the expenditure is covered by an item in a budget and a sufficient balance for the item is available.

Notwithstanding the absence of such provision, the Corporation may pay —

Provision shall be made in a supplemental budget for any payment made under subsection (2)(c) or (d).

Where any immovable property, not being State land, is needed for the purposes of the Corporation, the Corporation may request and the President may if he thinks fit direct the acquisition of that property.

The property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose, and any declaration required under any such written law that the property is so needed may be made (notwithstanding that compensation is to be paid out of the funds of the Corporation) and the declaration shall have effect as if it were a declaration that such property is needed for a public purpose made in accordance with that written law.

No compulsory acquisition of any immovable property before 15th April 1983 shall be called in question in any court on the ground that the acquisition was not in compliance with section 28 as in force before that date.

Any action or proceedings pending after 15th April 1983 in any court in respect of any matter to which subsection (1) applies shall be dismissed on application by any party, and the court may make such order as to costs as it thinks fit.

The Minister may, after consultation with the Corporation, make such regulations as he may consider necessary or desirable for the proper conduct of the business of the Corporation and, in particular, for any of the following matters:

All regulations made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette.

The Corporation shall have the exclusive right to the use of —

The Corporation shall publish the symbol referred to in subsection (1)(b) in the Gazette.

Any person who uses a symbol identical with, or which so resembles, any of the Corporation’s symbols as to or be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Nothing in this section shall be construed to authorise the Corporation to use any symbol which any person has acquired the exclusive right to use the same under the Trade Marks Act (Cap. 332)or otherwise.

The Registrar of Deeds and the Registrar of Titles shall not register any assurance, lease, mortgage, transfer or charge relating to any flat, house or building which has been bought or sold, leased, mortgaged or disposed of by a person in contravention of section 38 or 40(1).

A certificate of the Corporation that any flat, house or building has been purchased, sold, leased, mortgaged, transferred or charged in accordance with the provisions of this Part shall be conclusive evidence of that fact.

No flat, house or building which has been sold by the Corporation under the provisions of this Part shall be sold, leased, mortgaged, transferred or charged without the written consent of the Corporation.

Where any assignment, mortgage, transfer, charge or lease of any such flat, house or other building which is executed by or on behalf of the owner thereof without the prior written consent of the Corporation is registered under the provisions of the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157), the Corporation may by an instrument lodged with the Registrar of Deeds or the Registrar of Titles, as the case may be, declare such assignment, mortgage, transfer, charge or lease to be void and the Registrar of Deeds or the Registrar of Titles, as the case may be, shall register the instrument without being concerned to inquire into its regularity or validity, and upon registration thereof shall cancel the registration of such assignment, mortgage, transfer, charge or lease.

Any assignment, mortgage, transfer, charge or lease by an owner of a flat, house or other building sold subject to the provisions of this Part which would not be void but for this section, shall be deemed to be valid for the purposes of any legal proceedings instituted by the Corporation under sections 45, 46 and 51.

Where —

Where the Corporation acts for any person under subsection (1), then for the purposes of the registration of any instrument relating to the sale of the flat or the transaction in respect of the flat —

For the purposes of this section —

“flat” means any flat, house or other building sold by the Corporation under the provisions of this Part;

“transfer”, in relation to a flat, means the conveyance, sale, purchase, assignment, mortgage, charge or the disposal in any manner of any estate or interest in the flat and includes a discharge of a mortgage, or a reconveyance, or the devolution of the rights of a deceased owner of the flat to another person, and “is transferred” shall be construed accordingly.

Section 30 of the Legal Profession Act (Cap. 161) shall not apply to any officer of the Corporation acting for any party to the transactions referred to in subsection (1).

No person shall be entitled to purchase any flat, house or other building sold subject to the provisions of this Part if that person, his spouse or any authorised occupier —

Where a person purchases a flat, house or other building in contravention of subsection (1), he shall not present for registration under the provisions of the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) the assurance of the flat, house or other building.

The Corporation shall on discovery of such a purchase —

The purchaser may, within 14 days after the service of the notice given pursuant to subsection (2A), appeal to the Minister whose decision shall be final and shall not be questioned in any court.

Where an appeal has been made to the Minister pursuant to subsection (3), the Corporation shall not proceed to vest the title to or the estate or interest in the flat, house or other building in itself, or to repossess the flat, house or other building, until the appeal has been disposed of or withdrawn.

The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument, lodged under subsection (2A), without being concerned to inquire into its regularity or validity, and upon its registration the title to or the estate or interest in the flat, house or building shall vest in the Corporation without further assurance free from all encumbrances (subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Corporation) for such title, estate or interest as the Corporation would have had on the date of the registration of the instrument, if there had been no sale of the flat, house or building.

Upon the registration of such an instrument —

The Corporation may, in its discretion, forfeit any moneys paid or deposited in respect of the purchase of any flat, house or other building from the Corporation if the Corporation discovers that the person has purchased or seeks to purchase the flat, house or other building in contravention of subsection (1).

The Corporation may, in its discretion, exempt any person or class of persons from all or any of the provisions of this section.

Notwithstanding subsection (1), the Corporation may sell or lease a flat, house or other building to any person, notwithstanding that the person, his spouse or any authorised occupier has purchased or acquired with the prior written consent of the Corporation, any commercial property not exceeding in value $250,000 or such higher value as the Minister may allow, and that commercial property is used or intended to be used by any such person for business purposes.

No lien by deposit of the title deeds, as security for a debt, of any flat, house or building that has been sold by the Corporation under the provisions of this Part shall be capable of being created in favour of any person and no caveat in support of any such lien by deposit shall be capable of being registered under the provisions of the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157).

No such flat, house or building shall vest in the Official Assignee on the bankruptcy of the owner thereof.

No such flat, house or building shall be attached in execution of a decree of a court.

Every trust or alleged trust, whether the trust is express, implied or constructive, which purports to be created in respect of such flat, house or building by the owner thereof shall be null and void and shall be incapable of being enforced by a court.

The transmission on the death of the owner, whether testate or intestate, or any transfer by the personal representatives of a deceased owner, of a flat, house or other building that has been sold subject to the provisions of this Part shall not be registered under the provisions of the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) without the written consent of the Corporation.

Where the Corporation refuses to give its consent, the Corporation may lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or other building vested in the Corporation.

Where no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or other building within 12 months from the death of the owner, or where representation has been taken out but the personal representatives do not apply for the Corporation’s written consent for the transmission or transfer of the flat, house or other building within 6 months from the date of representation, the Corporation may lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or other building vested in the Corporation.

Where on the death of the owner of a flat, house or other building that has been sold subject to the provisions of this Part the lease in favour of the owner has not been registered under the provisions of the Registration of Deeds Act or the Land Titles Act, or where no representation has been taken out under a will or on the intestacy of a deceased owner of such flat, house or other building within 12 months from the death of the owner, the Corporation may rescind the agreement for the lease of such flat, house or other building.

Where the Corporation decides to lodge an instrument under subsection (1A) or (2) to have the flat, house or other building vested in itself or to rescind an agreement for a lease under subsection (3), the Corporation shall —

The personal representatives and any person who is interested in the estate of the deceased owner may, within 28 days after the day of service of the notice, appeal to the Minister whose decision shall be final and shall not be called in question in any court.

Where an appeal is made to the Minister pursuant to subsection (5), the Corporation shall not proceed to lodge an instrument of vesting under subsection (1A) or (2) or rescind the agreement for a lease until the appeal is determined or withdrawn.

The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument lodged under subsection (1A) or (2) without being concerned to inquire into its regularity or validity and —

Upon entry being made or registration under subsection (7), the title to and the estate or interest in the flat, house or other building shall vest in the Corporation free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Corporation, and the Registrar of Deeds or the Registrar of Titles, as the case may be, shall cancel the registration of any mortgage, charge or lease thereby overreached.

Where an appeal has been determined by the Minister or on the expiry of a period of 28 days after the service of the notice referred to in subsection (4) and the personal representatives do not consent to receive the compensation, or where representation has not been taken out under a will or on the intestacy of the deceased owner, or where there are conflicting claims to the compensation to be paid by the Corporation, the Corporation shall apply to the High Court ex parte by originating summons, supported by an affidavit, for an order to deposit the amount of the compensation in Court and, notwithstanding anything to the contrary in the Rules of Court for the time being in force, the High Court may make such an order.

The compensation to be paid by the Corporation for any flat, house or other building vested in the Corporation under this section shall be determined by the Corporation.

The owners of flats in any building or buildings of the Corporation shall, as soon as possible after they are directed by the Corporation in writing, establish a body corporate under the name of “The Management Corporation for flat numbers . . . of the Jurong Town Corporation building situate in Lot number . . in Town Sub-Division or Mukim. . .”.

The Corporation shall not, without consulting all the owners of the flats in any building or buildings, issue any direction under subsection (1) to the owners of the flats.

Where a direction of the Corporation under subsection (1) is not carried out, the Corporation may, by notification in the Gazette, authorise a company, incorporated under the provisions of any written law for the time being in force relating to companies, to exercise the functions, duties and powers of a management corporation.

The Corporation may, by notification in the Gazette, revoke any authorisation granted to a company under subsection (3) without assigning any reason.

A management corporation, referred to in subsection (1), shall be constituted by order made by the Corporation, which shall be published in the Gazette.

Upon the constitution of a management corporation under subsection (5) and so long as one exists in relation to one or more buildings, the owners of flats in the building or buildings shall be —

A management corporation constituted under subsection (5) shall have perpetual succession and may sue and be sued in its name and do all other matters and things incidental or appertaining to a body corporate and not inconsistent with the provisions of this Act.

The management corporation shall establish and maintain a fund for administrative purposes sufficient in the opinion of the management corporation for the control, management and administration of the common property of the building or buildings in relation to which the management corporation exists, for the payment of any rent, rates and premiums of insurance in respect of the common property and the discharge of any other obligations of the management corporation.

For the purposes of establishing and maintaining a fund in accordance with subsection (8), the management corporation may —

Subject to subsection (12), any contribution levied under subsection (9) shall be due and be payable —

A certificate of the Corporation shall be conclusive evidence of the amount that may be due to the Corporation under subsection (10).

A management corporation shall, on the application of an owner of a flat in a building in relation to which the management corporation exists under the provisions of this Act or a person authorised in writing by him, certify —

A management corporation constituted under subsection (5) shall not be wound up except by an order made by the Corporation cancelling the order by which it was constituted.