Land Acquisition (Amendment No. 2) Ordinance

by inserting immediately before the definition of “persons interested” appearing therein the following new definitions: —“ “Board” means the Appeals Board constituted under the provisions of section 19 of this Ordinance;“Commissioner” means the Commissioner or the Deputy Commissioner of Appeals, appointed under the provisions of subsection (1) of section 19 of this Ordinance, and includes an acting Commissioner or acting Deputy Commissioner;”;

by deleting the expression “Yang di-Pertuan Negara” appearing in the definition of “Collector” and substituting therefor the word “Minister”;

by deleting the definition of “company” appearing therein;

by deleting the definition of “court” appearing therein and substituting therefor the following: —“ “court” means the High Court in Singapore;”.

Whenever any particular land is needed —

for any public purpose;

by any person, corporation or statutory board, for any work or an undertaking which in the opinion of the Minister is of public utility; or

for any residential or industrial purposes;the Yang di-Pertuan Negara may, by notification published in the Gazette, declare the land to be required for the purpose specified in such notification.(2) Such declaration shall state —

the town subdivision or mukim in which the land is situated;

the particular purpose for which it is needed;

its approximate area and all other particulars necessary for identifying it; and

if a plan has been made of the land, the place and time where and when such plan may be inspected.(3) Such declaration shall be conclusive evidence that the land is needed for the purpose specified therein.”.

The Collector shall then cause notices to be posted at convenient places on or near the land to be taken stating —

that the Government intends to take possession of the land; and

that claims to compensation for all interests in such land may be made to him.(2) The Collector shall also serve notice to the same effect on all other persons known or believed to be interested in such land, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf within the State:Provided that, if any such person resides elsewhere and has no such agent, the notice may be sent to him by registered post if his address can be ascertained after reasonable enquiry.(3) Every such notice under the provisions of subsections (1) and (2) of this section —

shall state the particulars of the land; and

shall require all persons interested in such land —

to appear personally or by any person authorised in writing in that behalf before the Collector at the time and place mentioned in such notice, such time not being earlier than fourteen days after the date of publication of the notice; and

to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests and their objections, if any, to the measurements made under the provisions of section 7 of this Ordinance.(4) The Collector may, in any case, require any statement under the provisions of subsection (3) of this section to be made in writing and signed by the party or his agent.”.

that the provisions of section 7 of this Ordinance have not been properly complied with;

that any notice posted or served under the provisions of section 8 of this Ordinance is in any way defective by reason of any failure by the Collector to comply with the provisions of the said section 7 of this Ordinance; or

that such award does not purport to state the true area of the land to which it relates in accordance with the provisions of paragraph (a) of subsection (1) of section 10 of this Ordinance.”.

When the Collector has made an award under the provisions of section 10 of this Ordinance he may take possession of the land by posting thereupon an appropriate notice.(2) Upon taking possession of the land under the provisions of subsection (1) of this section the Collector shall also serve a copy of the notice upon the persons interested in the land.Power to take possession in cases of urgency17.—

In cases of urgency, whenever the Minister directs him to do so, the Collector, though no such award had been made, may on the expiration of seven days from the publication of the notice, under the provisions of section 8 of this Ordinance, take possession of any land needed for any of the purposes specified in subsection (1) of section 5 of this Ordinance.(2) The Minister may, in his absolute discretion, direct the Collector to take immediate possession of any land, which is intended to be acquired under the provisions of this Ordinance without the publication of a notification under the provisions of subsection (1) of section 5 of this Ordinance:Provided that such notification shall be published not later than seven days after the Collector has taken possession of the land.”.

Immediately on taking possession of any land under the provisions of section 16 or 17 of this Ordinance, the Collector shall —

in the case of land registered under the provisions of the Registration of Deeds Ordinance (Cap. 255) give notice to the Registrar of Deeds who shall make an entry in the books of the Registry that the land has vested in the State, and upon such entry being made, such land shall vest in the State free from incumbrances; or

in the case of land registered under the provisions of the Land Titles Ordinance, 1956 (Ord. 21 of 1956), lodge in accordance with the provisions of subsection (2) of section 115 of the Land Titles Ordinance, 1956, an instrument of acquisition in the prescribed form with the Registrar of Titles who shall, upon a request by the Collector, endorse on the relevant folium of the land register a notification to the effect that the land has become vested in the State as State Land free from incumbrances and has ceased to be subject to the provisions of the Land Titles Ordinance, 1956.”.

For the purpose of hearing appeals in the manner hereinafter provided, there shall be one or more Appeals Boards to be presided over by a Commissioner of Appeals or a Deputy Commissioner of Appeals, who shall be appointed by the Minister.(2) No person shall be eligible to be appointed or to remain a Commissioner or Deputy Commissioner who —

is a member of the Legislative Assembly; or

is an undischarged bankrupt; or

has been sentenced to imprisonment for a term exceeding six months and has not received a free pardon; or

is a person found or declared under any written law to be of unsound mind.(3) The Commissioner or the Deputy Commissioner shall hold office for a period of two years from the date of his appointment and shall be eligible for re-appointment.(4) The Commissioner or the Deputy Commissioner appointed under the provisions of subsection (1) of this section shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 119), and shall enjoy the same judicial immunity as is enjoyed by a District Judge.(5) The Minister may at any time revoke the appointment of the Commissioner or the Deputy Commissioner.Salaries, fees and allowances to Commissioner and Deputy Commissioner

prescribing the manner in which appeals shall be made to the Board;

prescribing the procedure to be adopted by the Board in hearing appeals and the records to be kept by the Board;

prescribing the places where and the times at which appeals shall be heard by the Board;

prescribing the fees to be paid in respect of any appeal under this Part of this Ordinance;

prescribing a scale of costs in respect of appeals to the Board; and

generally for the better carrying out of the provisions of this Part of this Ordinance and in particular providing for matters stated or required by this Part of this Ordinance.Right of appeal23.—

Any person interested who is aggrieved by an award that has been made may appeal to the Board by —

lodging with the clerk, within seven days of the date of the award of the Collector, a written notice of appeal in quadruplicate; and

depositing with the Accountant-General within seven days of the date of the award —

where the award is five thousand dollars or more, five thousand dollars; and

where the award is less than five thousand dollars, a sum equivalent to half the amount of the award; and

lodging with the clerk, within fourteen days of the date on which the notice of appeal was lodged, a petition of appeal in quadruplicate containing a statement of the grounds of appeal.(2) On receipt of a notice of appeal the clerk shall forthwith forward one copy thereof to the Collector.(3) The Board may, in its discretion and on such terms as it may see fit, permit any person to proceed with an appeal notwithstanding that the notice of appeal or petition of appeal was not lodged within the time limited therefor by this section, if it be shown to the satisfaction of the Board that such person was prevented from lodging such notice or petition in due time owing to absence from the State, sickness or other reasonable cause and that there has been no unreasonable delay on the part of such person.(4) Save with the consent of the Board and on such terms as the Board may determine, an appellant may not at the hearing of his appeal rely on any grounds of appeal other than the grounds stated in his petition of appeal.Appeal deemed to be withdrawn

the deposit required under the provisions of paragraph (b) of subsection (1) of section 23 of this Ordinance is not deposited, within the time specified, with the Accountant-General;

the petition of appeal is not lodged within the time prescribed by paragraph (c) of subsection (1) of section 23 of this Ordinance; or

any further security, required by an order, made under the provisions of subsection (3) of section 25G of this Ordinance, has not been deposited with the Accountant-General within the time specified by such order.Hearing and disposal of appeals25.—

On receipt of a petition of appeal the clerk shall forthwith forward one copy thereof to the Collector and shall, as soon as may be thereafter, fix a time and place for the hearing of the appeal and shall give fourteen days’ notice thereof both to the appellant and to the Collector.(2) The appellant and the Collector shall attend, either in person or by an advocate and solicitor at such times and places as may be fixed for the hearing of the appeal:Provided that if it be proved to the satisfaction of the Board that, owing to absence from the State, sickness or other reasonable cause, any person is prevented from so attending, the Board may postpone the hearing of the appeal for such reasonable time as it thinks necessary.(3) The onus of proving that the award is inadequate shall be on the appellant.(4) The Board shall have the following powers: —

to summon to attend at the hearing of an appeal any person whom it may consider able to give evidence respecting the appeal, to examine such person as a witness either on oath or otherwise and to require such person to produce such books, papers or documents as the Board may think necessary for the purposes of the appeal;

to allow any person so attending any reasonable expenses necessarily incurred by him in so attending; such expenses shall form part of the cost of the appeal and, pending and subject to any order by the Board as to such costs, shall be paid by the appellant or the Collector, as the Board may direct;

all the powers of a District Court with regard to the enforcement of attendance of witnesses, hearing evidence on oath and punishment for contempt;

to admit or reject any evidence adduced, whether oral or documentary and whether admissible or inadmissible under the provisions of any written law for the time being in force relating to the admissibility of evidence.(5) Every person examined as a witness by or before the Board, whether on oath or otherwise, shall be legally bound to state the truth and to produce such books, papers or documents as the Board may require.Panel of assessors25A.—

In any case where the appeal is against an award of —

two hundred and fifty thousand dollars or more, the Board shall appoint two persons; or

less than two hundred and fifty thousand dollars, the Board may appoint two persons,from the panel constituted under the provisions of subsection (2) of this section for the purpose of assisting the Board in the determination of an appeal.(2) For the purpose of enabling the Board to be constituted under the provisions of subsection (1) of this section, a panel of assessors (hereinafter in this Ordinance referred to as “the panel”) shall be appointed by the Minister, whose names shall be published in the Gazette.(3) No person shall be eligible to be appointed or to remain a member of the panel who —

is an undischarged bankrupt;

has been sentenced to imprisonment for a term exceeding six months and has not received a free pardon; or

is a person found or declared under any written law to be of unsound mind.(4) A person appointed to the panel shall, unless his appointment is revoked by the Minister under the provisions of subsection (6) of this section, be a member of the panel, unless he resigns during the period of the appointment, for a period of two years or for such shorter period as the Minister may in any case determine, but shall be eligible for reappointment.(5) Where a person ceases to be a member of the panel the Minister shall, as soon as is reasonably practicable, take steps to fill the vacancy, but the existence of any vacancy in the panel shall not invalidate the constitution of the Board.(6) The Minister may at any time revoke the appointment of a member of the panel.(7) There shall be paid to the members of the panel such salaries, fees and allowances as the Minister may determine.Decision of the Board25B.—

Where the Board is constituted otherwise than by the Commissioner alone, the Commissioner shall not be bound by the advice or opinion of the other members of the Board.(2) A decision of the Board shall be signed by the Commissioner and stall be delivered by him or by the clerk by the direction of the Commissioner.Member of panel and proceedings deemed to be public servant and judicial proceedings respectively25C.—

Every person appointed to assist the Board, under the provisions of subsection (1) of section 25A of this Ordinance, when and so long as he is assisting the Board, shall be deemed to be a public servant within the meaning of the Penal Code and shall enjoy the same judicial immunity as is enjoyed by a District Judge.(2) All proceedings in appeals to the Board under this Ordinance shall be deemed to be judicial proceedings within the meaning of the Penal Code.Appeals to court25D.—

Save as provided in this section, the decision of the Board shall be final.(2) In any case in which the award, as determined by the Board (excluding the amount of any costs awarded) exceeds five thousand dollars, the appellant or the Collector may appeal to the court from the decision of the Board upon any question of law.(3) The procedure governing such appeals to the court and costs relating to such appeals shall be the same as for appeals to the court from decisions of District Courts in civil matters.(4) The court shall hear and determine any such appeal and may confirm, reduce, increase or annul the award determined by the Board and make such further or other order on such appeal, whether as to costs or otherwise, as to the court may seem fit.(5) There shall be no further right of appeal from decisions of the court under this section.Cases stated for the court25E.—

The Board may at any time and in regard to any appeal, with or without proceedings to the determination of such appeal, state a case on a question of law for the opinion of the court.(2) A stated case shall —

set forth —

the facts and any finding of fact by the Board;

the decision, if any, of the Board; and

the question for the opinion of the court; and

be signed by the Commissioner.(3) The clerk shall transmit the case, which has been set forth and signed in accordance with the provisions of subsection (2) of this section, to the court, and shall forward a copy thereof to the appellant and to the Collector.(4) The court may cause a stated case to be sent back for amendment and thereupon the case shall be amended accordingly.(5) In considering any stated case, the court shall afford opportunity for argument thereon to be put forward by or on behalf of the appellant and the Collector.(6) The court shall hear and determine any question of law arising on a stated case and may in accordance with its decision thereon confirm, reduce, increase or annul any award determined by the Board in the appeal, or may remit the case to the Board with the opinion of such court thereon. Where a case is so remitted by the court, the Board shall be bound by the opinion of the court and shall give effect thereto by its decision in the appeal or, as the case may be, by revising any previous decision made by it in the appeal to the extent, if any, to which such previous decision does not accord with the opinion of the court.Award to be final and conclusive25F. Except as expressly provided in this Ordinance where —

no valid notice of appeal has been lodged within the time limited by this Ordinance against an award;

an appeal has been deemed to have been withdrawn, under the provisions of section 24 of this Ordinance; and

an award has been determined on appeal,the award as made or agreed under this Ordinance or determined on appeal, as the case may be, shall be final and conclusive for the purposes of this Ordinance.Costs on an appeal to the Board25G.—

The costs of an appeal shall be in the discretion of the Board and shall either be fixed by the Board or, on the order of the Board, taxed by the Registrar or the Deputy Registrar of the court in accordance with the scale prescribed by regulations made under section 22 of this Ordinance.(2) Where the Collector is awarded costs of an appeal, he shall be entitled to his full costs of the appeal, including a fee for any counsel appearing on his behalf in the appeal.(3) Notwithstanding anything contained in section 23 of this Ordinance, the Board may, by order, on the application of the Collector made at any time after notice of appeal has been given, require the appellant to furnish further security, by depositing with the Accountant-General such further sum and within such time as may be specified for payment of the costs of the appeal.(4) The Board may, after hearing an appeal, confirm, reduce, increase or annul the award or make such order thereon as to it may seem fit.(5) Where, under subsection (4) of this section, the Board does not reduce or annul the award, the Board may, if in its opinion the appeal was vexatious or frivolous, order the appellant to pay, as costs of the Board and in addition to any costs awarded, to the Collector, a sum not exceeding five thousand dollars.”.

by deleting the word “court” appearing in the third line of subsection (1) thereof and substituting therefor the word “Board”;

by deleting the word “six” appearing in the third line of paragraph (a) of subsection (1) thereof and substituting therefor the word “twelve”;

by deleting the word “Court” appearing in the seventh line of the first proviso to paragraph (e) of subsection (1) thereof and substituting therefor the word “Board”; and

by deleting subsection (2) thereof and substituting therefor the following: —“(2) For the purposes of paragraph (a) of subsection (1) of this section —

if the market value has been increased as a result of any improvement within two years before the declaration under the provisions of section 5 of this Ordinance was published, such increase shall be disregarded unless it be proved that the improvement was made by the owner of the land or his predecessors in interest and was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Ordinance;

when the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court or is contrary to law or is detrimental to the health of the inmates of the premises or to public health, the amount of such increase shall not be taken into account;

when the value of the land has been increased by reason of development in the neighbourhood by the provision of roads, drains, electricity, water, gas, sewerage, social, educational and recreational facilities by any public or statutory authority within five years preceding the date —

in a case where the notice, under the provisions of section 3 of this Ordinance, is followed within twelve months by a declaration under the provisions of section 5 of this Ordinance, of such notice; and

in any other case, of the declaration under the provisions of section 5 of this Ordinance,the amount of such increase shall not be taken into account;

when the land could not have been conveyed with vacant possession at the time of acquisition, being subject to encumbrances, tenancies or occupation by squatters, the decrease in value by reason of the said encumbrances shall be taken into account;

any restriction imposed under the provisions of the Planning Ordinance, 1959 (Ord. 12 of 1959), shall be taken into account:Provided that the market value of such acquired land shall be deemed not to exceed —

the most recent value in respect of such land stated in any affidavit, return or other document required to be made or delivered to any public officer under the provisions of any written law and accepted by him at such value for the purposes of assessing the tax or duty payable thereon, where such statement has been made within two years of the date of the declaration under subsection (1) of section 5 of this Ordinance in respect of the land;

Where no such statement as is specified in paragraph (i) of this proviso has been made between the dates specified therein, the consideration or purchase price of any such land on its last sale or transfer if such sale or transfer took place within two years of the date of the declaration under subsection (1) of section 5 of this Ordinance.”.

by deleting the word “judge” appearing in the third line of subsection (2) thereof and substituting therefor the word “Board”;

by deleting the word “court” appearing in the fourth line of subsection (2) thereof and substituting therefor the word “Board”;

by deleting the word “judge” appearing in the second line of subsection (3) thereof and substituting therefor the word “Board”;

by deleting the word “court” appearing in the third line of subsection (3) thereof and substituting therefor the word “Board”; and

by deleting subsection (4) thereof.

by deleting the word “court” wherever it appears therein and substituting therefor the word “Board”; and

by deleting the word “eight” appearing in the sixth line thereof and substituting therefor the word “six”.

by deleting the word “judge” appearing in subsection (1) thereof and substituting therefor the word “Commissioner”;

by deleting subsections (2) and (3) thereof and substituting therefor the following: —“(2) An appeal shall lie from such decision to the court.(3) The procedure governing such appeals to the court shall be the same as for appeals to the High Court for decisions of District Courts in civil matters.(4) There shall be no further right of appeal from decisions of the court under this section as exists in the case of decisions made by the court in the exercise of its original jurisdiction.”.

by inserting immediately after the comma appearing in the fourth line thereof the expression “or if possession of the land has not been taken by the Collector,”; and

by deleting the expression “make any application under section 19” appearing in the second and third lines of the second proviso thereto and substituting therefor the expression “appeal to the Board under the provisions of section 23 of this Ordinance”.

by deleting subsection (1) thereof and substituting therefor the following: —“(1) Whenever it appears to the Yang di-Pertuan Negara that any land is required for temporary occupation and use for a public purpose, he may direct the Collector to procure the occupation and use of such land for such term as may be determined, but such term shall not exceed three years from the commencement of such occupation.”; and

by deleting the word “court” appearing at the end of subsection (3) thereof and substituting therefor the word “Board”.

by deleting the word “court” appearing in the sixth line thereof and substituting therefor the word “Board”; and

by deleting the words “a judge” appearing in the seventh line thereof and substituting therefor the words “the Commissioner”.