Clause 1
Short title and commencement
This Act may be cited as the Land Acquisition Act, 1966, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
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Land Acquisition Bill
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About this bill
Land Acquisition Bill is Singapore Bill, cited as Bill 19 1966, currently marked in force and first recorded in 1966.
Part I
PRELIMINARY
Clause 2
Interpretation
In this Act, unless the context otherwise requires —“assessor” means a member of the panel of assessors appointed under the provisions of subsection (2) of section 26 of this Act;“Board” means an Appeals Board constituted under the provisions of subsection (1) of section 19 of this Act;“Collector” means any officer appointed by the President to be a Collector of Land Revenue or a Deputy Collector of Land Revenue;“Commissioner” means a Commissioner of Appeals or a Deputy Commissioner of Appeals, appointed under the provisions of subsection (2) of section 19 of this Act, and includes an acting Commissioner of Appeals or acting Deputy Commissioner of Appeals;“court” means the High Court;“land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;And the following persons shall be deemed persons “entitled to act” as and to the extent hereinafter provided: —
(a)
trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability;
(b)
a married woman shall be deemed the person so entitled to act and, whether of full age or not, to the same extent as if she were unmarried and of full age; and
(c)
the guardians of minors and the committees of mentally disordered persons shall be deemed respectively the persons so entitled to act, to the same extent as the minors or mentally disordered persons themselves could have acted if free from disability:Provided that —
(i)
no person shall be deemed “entitled to act” whose interest in the subject-matter shall be shown to the satisfaction of the Collector, the Board or the court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;
(ii)
in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector, the Board or the court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;
(iii)
the provisions of the rules of court for the time being in force shall, mutatis mutandis, apply in the case of persons interested appearing before the Collector, the Board or the court by a next friend, or by a guardian for the case, in proceedings under this Act; and
(iv)
no person “entitled to act” shall be competent to receive the compensation-money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale; “person interested” includes every person claiming an interest in compensation to be made on account of the acquisition of land under this Act, but does not include a tenant by the month or at will.
Definition
“assessor” means a member of the panel of assessors appointed under the provisions of subsection (2) of section 26 of this Act;
Definition
“Board” means an Appeals Board constituted under the provisions of subsection (1) of section 19 of this Act;
Definition
“Collector” means any officer appointed by the President to be a Collector of Land Revenue or a Deputy Collector of Land Revenue;
Definition
“Commissioner” means a Commissioner of Appeals or a Deputy Commissioner of Appeals, appointed under the provisions of subsection (2) of section 19 of this Act, and includes an acting Commissioner of Appeals or acting Deputy Commissioner of Appeals;
Definition
“land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;And the following persons shall be deemed persons “entitled to act” as and to the extent hereinafter provided: —
(a)
trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability;
(b)
a married woman shall be deemed the person so entitled to act and, whether of full age or not, to the same extent as if she were unmarried and of full age; and
(c)
the guardians of minors and the committees of mentally disordered persons shall be deemed respectively the persons so entitled to act, to the same extent as the minors or mentally disordered persons themselves could have acted if free from disability:Provided that —
(i)
no person shall be deemed “entitled to act” whose interest in the subject-matter shall be shown to the satisfaction of the Collector, the Board or the court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;
(ii)
in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector, the Board or the court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;
(iii)
the provisions of the rules of court for the time being in force shall, mutatis mutandis, apply in the case of persons interested appearing before the Collector, the Board or the court by a next friend, or by a guardian for the case, in proceedings under this Act; and
(iv)
no person “entitled to act” shall be competent to receive the compensation-money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale;
Definition
“person interested” includes every person claiming an interest in compensation to be made on account of the acquisition of land under this Act, but does not include a tenant by the month or at will.
Part V
PAYMENT
Clause 40
Payment of compensation or deposit thereof with court
(1)
On making an award under section 10 of this Act, the Collector shall make a written offer of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by one or more of the contingencies mentioned in subsection (2) of this section.
(2)
If they do not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, or if possession of the land has not been taken by the Collector, the Collector shall apply to the Registrar of the court ex parte by summons in chambers supported by 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 Registrar shall have power to make such order:Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:Provided also that no person who has received the amount otherwise than under protest shall be entitled to appeal to the Board under the provisions of section 23 of this Act:Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.
(3)
Notwithstanding anything in this section, the Collector, instead of awarding a money compensation in respect of any land, may enter into any arrangement with a person having a limited interest therein in such a way as may be equitable having regard to the interests of the parties concerned.
Clause 41
Payment of interest
When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of six per centum per annum from the time of so taking possession until it has been so paid or deposited.
Clause 3
Power to enter and survey
(1)
Whenever it appears to the President that land in any locality is likely to be needed for any purpose specified in subsection (1) of section 5 of this Act, a notification to that effect shall be published in the Gazette and the Collector shall cause public notice of the substance of such notification to be given at convenient places in such locality, and thereupon any officer either generally or specially authorised by the Minister in this behalf and his servants and workmen may —
(a)
enter upon and survey and take levels of any land in such locality;
(b)
dig or bore into the sub-soil;
(c)
do all other acts necessary to ascertain whether the land is adapted for such purpose;
(d)
set out the boundaries of the land proposed to be taken and the intended line of the work, if any, proposed to be made thereon;
(e)
mark such levels, boundaries and line by placing marks and cutting trenches; and
(f)
cut down and clear away any standing crop, fence or jungle, where otherwise the survey cannot be completed, the levels taken or the boundaries or line of the work marked.
(2)
No person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house unless with the consent of the occupier thereof, without previously giving such occupier at least seven days’ notice in writing of his intention to do so.
Clause 4
Payment for damage
So soon as conveniently may be after any entry made under section 3 of this Act, the officer so authorised as aforesaid shall pay for all damage done and, in case of dispute as to the amount to be paid for such damage, he shall at once refer the dispute to the decision of the Collector whose decision shall be final subject to an appeal to the Minister.
Clause 5
Declaration that land is required for specific purposes
(1)
Whenever any particular land is needed —
(a)
for any public purpose;
(b)
by any person, corporation or statutory board, for any work or an undertaking which, in the opinion of the Minister, is of public benefit or of public utility or in the public interest; or
(c)
for any residential, commercial or industrial purposes,the President 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 —
(a)
the town subdivision or mukim in which the land is situated;
(b)
its approximate area and all other particulars necessary for identifying it; and
(c)
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 as provided in subsection (1) of this section.
Clause 6
Collector to proceed to acquire after declaration
Upon the publication of a notification under the provisions of subsection (1) of section 5 of this Act declaring that any land is needed for the purpose specified in such declaration, the Minister or an officer authorised by the Minister in that behalf shall direct the Collector to take proceedings for the acquisition of the land.
Clause 7
Land to be marked out and measured
The Collector shall thereupon cause the land, unless it has been already marked out under section 3 of this Act, to be marked out and measured, and a plan to be made thereof, if no plan exists.
Clause 8
Notice to persons interested
(1)
The Collector shall then cause notices to be posted at convenient places on or near the land to be taken stating —
(a)
that the Government intends to take possession of the land; and
(b)
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 Singapore: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 —
(a)
shall state the particulars of the land; and
(b)
shall require all persons interested in such land —
(i)
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
(ii)
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 Act.
(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.
Clause 9
Power to require statements as to names and interests
(1)
The Collector may also require any such person to deliver to him within a time to be specified, being not less than ten days, a statement in writing containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-owner, mortgagee, lessee, sub-lessee, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement.
(2)
Every person required to make or deliver a statement under this section or section 8 of this Act shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Penal Code (Cap. 119).
Clause 10
Enquiry and award by Collector
(1)
On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to a notice given under section 8 of this Act, to the measurements made under section 7 of this Act and into the value of the land and into the respective interests of the persons claiming the compensation, and shall, as soon as possible after the conclusion of the enquiry, make an award under his hand of —
(a)
the area of the land;
(b)
the compensation which in his opinion should be allowed for the said land;
(c)
the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether or not they have respectively appeared before him.
(2)
The Collector may at any time of his own motion refer to the court for its determination any question as to —
(a)
the true construction or validity or effect of any instrument;
(b)
the persons entitled to a right or interest in land;
(c)
the extent or nature of such right or interest;
(d)
the apportionment of compensation or any part thereof for such right or interest;
(e)
the persons to whom such compensation or any part thereof is payable;
(f)
the costs of any enquiry under this Act and the persons by whom such costs shall be borne.
(3)
Without prejudice to the powers of the court, the costs of any reference under subsection (2) of this section shall be borne by such persons as the court may direct or, in the absence of any such direction, shall be deducted from the award to be made by the Collector under the provisions of subsection (1) of this section.
Clause 11
Award of Collector when to be final
(1)
Such award shall be filed in the Collector’s office and shall, except as hereinafter provided, be final and conclusive evidence as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the area and value of the land and the apportionment of the compensation among the persons interested.
(2)
The Collector shall serve a copy of his award on all persons interested provided that their addresses can be ascertained after reasonable enquiry when the award is made.
Clause 12
Effect of failure to comply with section 7
Where at any enquiry, held under the provisions of section 10 of this Act, no objection has been made by any person interested that the provisions of section 7 of this Act have not been properly complied with, the award made in any such enquiry shall not be questioned in any appeal before the Appeals Board or in any court on the ground —
(a)
that the provisions of section 7 of this Act have not been properly complied with;
(b)
that any notice posted or served under the provisions of section 8 of this Act is in any way defective by reason of any failure by the Collector to comply with the provisions of section 7 of this Act; or
(c)
that such award does not purport to state the area of the land to which it relates in accordance with the provisions of paragraph (a) of subsection (1) of section 10 of this Act.
Clause 13
Adjournment of enquiry
The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry to a day to be fixed by him.
Clause 14
Power to summon and enforce attendance of witnesses and production of documents
For the purpose of enquiries under this Act, the Collector shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means, and, so far as may be, in the same manner, as is provided in the case of a court under the rules of court for the time being in force.
Clause 15
Matters to be considered and matters to be neglected
In determining the amount of compensation, the Collector shall take into consideration the matters mentioned in section 33 of this Act and shall not take into consideration any of the matters mentioned in section 34 of this Act.
Clause 16
Power to take possession
(1)
When the Collector has made an award under the provisions of section 10 of this Act, 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.
Clause 17
Power to take possession in cases of urgency
(1)
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 Act, take possession of any land needed for any of the purposes specified in subsection (1) of section 5 of this Act.
(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 Act without the publication of a notification under the provisions of subsection (1) of section 5 of this Act:Provided that such notification shall be published not later than seven days after the Collector has taken possession of the land.
Clause 18
Notice to the Registrar of Deeds and the lodging of an instrument with the Registrar of Titles
Immediately on taking possession of any land under the provisions of section 16 or 17 of this Act, the Collector (Cap. 255) shall —
(a)
in the case of land registered under the provisions of the Registration of Deeds Ordinance 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 encumbrances; or
(b)
in the case of land registered under the provisions of the Land Titles Ordinance, 1956, lodge in accordance with the provisions of subsection (2) of section 115 of the Land Titles Ordinance, 1956 (Ord. 21 of 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 encumbrances and has ceased to be subject to the provisions of the Land Titles Ordinance, 1956, and upon such endorsement being made, such land shall vest in the State free from encumbrances.
Clause 19
Appeals Boards
(1)
For the purpose of hearing appeals in respect of any award made by the Collector under this Act, there shall be constituted one or more Appeals Boards consisting of a Commissioner of Appeals or a Deputy Commissioner of Appeals, either sitting alone or with two assessors in the manner provided by section 26 of this Act.
(2)
The Commissioner and the Deputy Commissioner shall be appointed by the Minister, and no person shall be eligible to be appointed or to remain a Commissioner or Deputy Commissioner who —
(a)
is a Member of Parliament;
(b)
is an undischarged bankrupt;
(c)
has been sentenced to imprisonment for a term exceeding six months and has not received a free pardon; or
(d)
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 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.
Clause 20
Salaries, fees and allowances to Commissioner and Deputy Commissioner
There shall be paid to the Commissioner and the Deputy Commissioner such salaries, fees and allowances as the Minister may determine.
Clause 21
Clerk to the Board
The Minister may appoint a clerk or clerks to the Board and such other officers and servants of the Board as may be necessary.
Clause 22
Power to make regulations
The Minister may make regulations —
(a)
prescribing the manner in which appeals shall be made to the Board;
(b)
prescribing the procedure to be adopted by the Board in hearing appeals and the records to be kept by the Board;
(c)
prescribing the places where and the times at which appeals shall be heard by the Board;
(d)
prescribing the fees to be paid in respect of any appeal under this Part of this Act;
(e)
prescribing a scale of costs in respect of appeals to the Board; and
(f)
generally for the better carrying out of the provisions of this Part of this Act and in particular providing for matters stated or required by this Part of this Act.
Clause 23
Right of appeal
(1)
Any person interested, who is aggrieved by an award made under the provisions of section 10 of this Act, may appeal to the Board by —
(a)
lodging with the clerk to the Board, within seven days of the date of the award of the Collector, a written notice of appeal in quintuplicate; and
(b)
depositing with the Accountant-General within seven days of the date of the award —
(i)
where the award is five thousand dollars or more, five thousand dollars; or
(ii)
where the award is less than five thousand dollars, a sum equivalent to half the amount of the award; and
(c)
lodging with the clerk to the Board, within fourteen days of the date on which the notice of appeal was lodged, a petition of appeal in quintuplicate containing a statement of the grounds of appeal.
(2)
On receipt of a notice of appeal, the clerk to the Board 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 Singapore, 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.
Clause 24
Appeal deemed to be withdrawn
An appeal shall, subject to the provisions of subsection (3) of section 23 of this Act, be deemed to have been withdrawn if —
(a)
the deposit required under the provisions of paragraph (b) of subsection (1) of section 23 of this Act is not deposited, within the time specified, with the Accountant-General;
(b)
the petition of appeal is not lodged within the time prescribed by paragraph (c) of subsection (1) of section 23 of this Act; or
(c)
any further security, required by an order made under the provisions of subsection (3) of section 32 of this Act, has not been deposited with the Accountant-General within the time specified by such order.
Clause 25
Hearing and disposal of appeals
(1)
On receipt of a petition of appeal, the clerk to the Board 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 Singapore, 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.
(4)
The Board shall have the following powers: —
(a)
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;
(b)
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;
(c)
all the powers of a District Court with regard to the enforcement of attendance of witnesses, hearing evidence on oath and punishment for contempt; and
(d)
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.
Clause 26
Panel of assessors
(1)
For the purpose of determining appeals in respect of any award made by the Collector under this Act, in any case where the appeal is against an award of —
(a)
two hundred and fifty thousand dollars or more, the Board shall consist of the Commissioner or Deputy Commissioner sitting with two persons selected by the Commissioner or Deputy Commissioner, as the case may be, from the panel appointed under the provisions of subsection (2) of this section;
(b)
less than two hundred and fifty thousand dollars, the Board shall consist of the Commissioner or Deputy Commissioner sitting alone or, if he thinks fit, with two persons selected by the Commissioner or Deputy Commissioner, as the case may be, from the panel appointed under the provisions of subsection (2) of this section.
(2)
For the purpose of enabling the Board to be constituted under the provisions of subsection (1) of this section, there shall be a panel of assessors (hereinafter in this Act referred to as “the panel”), the members of which shall be appointed by the Minister. The panel shall consist of such number of persons as the Minister may think fit, and the name of every person appointed to the panel shall be published in the Gazette.
(3)
No person shall be eligible to be appointed or to remain a member of the panel who —
(a)
is an undischarged bankrupt;
(b)
has been sentenced to imprisonment for a term exceeding six months and has not received a free pardon; or
(c)
is a person found or declared under any written law to be of unsound mind.
(4)
A person appointed to the panel shall, save where 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 acts 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.
Clause 27
Decision of the Board
(1)
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 shall be delivered by him or by the clerk to the Board by the direction of the Commissioner.
Clause 28
Member of panel and proceedings deemed to be public servant and judicial proceedings respectively
(1)
Every member of the panel, when and so long as he is serving on 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 Act shall be deemed to be judicial proceedings within the meaning of the Penal Code (Cap. 119).
Clause 29
Appeals to court
(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.
Clause 30
Cases stated for the court
(1)
The Board may at any time and in regard to any appeal, with or without proceeding 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 —
(a)
set out —
(i)
the facts and any finding of fact by the Board;
(ii)
the decision, if any, of the Board; and
(iii)
the question for the opinion of the court; and
(b)
be signed by the Commissioner.
(3)
The clerk to the Board shall transmit the case, which has been set out 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.
Clause 31
Award to be final and conclusive
Except as expressly provided in this Act, where —
(a)
no valid notice of appeal has been lodged within the time limited by this act against an award;
(b)
an appeal has been deemed to have been withdrawn, under the provisions of section 24 of this Act; and
(c)
an award has been determined on appeal,the award as made or agreed under this Act or determined on appeal, as the case may be, shall be final and conclusive for the purposes of this Act.
Clause 32
Costs on an appeal to the Board
(1)
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 Act.
(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 Act, 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.
Clause 33
Matters to be considered in determining compensation
(1)
In determining the amount of compensation to be awarded for land acquired under this Act, the Board shall take into consideration the following matters and no others, namely: —
(a)
the market value at the date of the publication of the notification under subsection (1) of section 3 of this Act, if such notification shall within twelve months from the date thereof be followed by a declaration under section 5 of this Act in respect of the same land or part thereof, or in other cases the market value at the date of the publication of the declaration made under section 5 of this Act;
(b)
any increase in the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;
(c)
the damage, if any, sustained by the person interested at the time of the Collector’s taking possession of the land by reason of severing such land from his other land;
(d)
the damage, if any, sustained by the person interested at the time of the Collector’s taking possession of the land by reason of the acquisition injuriously affecting his other property, whether movable or immovable, in any other manner or his actual earnings; and
(e)
if, in consequence of the acquisition, he is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change:Provided that in the case of an acquisition for any purpose specified in subsection (1) of section 5 of this Act of any land devastated or affected directly or indirectly by fire, explosion, thunderbolt, earthquake, storm, tempest, flood or any Act of God, or of any land immediately adjoining such devastated or affected land as shall be required for any such purpose, the Board shall not take into consideration the matters set out in paragraphs (a) and (e) of this subsection, but shall instead consider the market value of such land immediately prior to such devastation having due regard to the fact that at the material time the land could not have been conveyed with vacant possession as it was subject to encumbrances, tenancies or occupation by squatters, but without taking into account the value of any buildings or structures, permanent or otherwise, on such land at the material time:And provided that such acquisition shall not affect the rights or liabilities of any owner, lessee, tenant or occupier of such buildings or structures in respect of any contract of insurance entered into by such owner, lessee, tenant or occupier:And provided further that the market value of such land shall not exceed one third of the value of such land had it been vacant land not subject to any such encumbrances, tenancies or occupation by squatters unless the Minister shall in his discretion, by notification in the Gazette, specify otherwise.
(2)
For the purposes of paragraph (a) of subsection (1) of this section —
(a)
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 Act 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 Act;
(b)
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;
(c)
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 or sewerage or social, educational or recreational facilities by any public or statutory authority within seven years preceding the date —
(i)
in a case where the notice, under the provisions of section 3 of this Act, is followed within twelve months by a declaration under the provisions of section 5 of this Act, of such notice; and
(ii)
in any other case, of the declaration under the provisions of section 5 of this Act,the amount of such increase shall not be taken into account;
(d)
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;
(e)
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 —
(i)
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 Act in respect of the land;
(ii)
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 Act.
Clause 34
Matters to be neglected in determining compensation
In determining the amount of compensation to be awarded for land acquired under this Act, the Board shall not take into consideration —
(a)
the degree of urgency which has led to the acquisition;
(b)
any disinclination of the person interested to part with the land acquired;
(c)
any damage sustained by the person interested which, if caused by a private person, would not be a good cause of action;
(d)
any damage which is likely to be caused to the land acquired after the date of the publication of the declaration under section 5 of this Act by or in consequence of the use to which it will be put;
(e)
any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;
(f)
any outlay on additions or improvements to the land acquired, which was incurred after the date of the publication of the declaration under section 5 of this Act, unless such additions or improvements were necessary for the maintenance of any building in a proper state of repair.
Clause 35
Rules as to amount of compensation
(1)
Where the applicant has made a claim to compensation pursuant to any notice under section 8 of this Act, the amount awarded to him shall not exceed the amount so claimed or be less than the amount awarded by the Collector under section 10 of this Act.
(2)
Where the applicant has refused to make such claim or has omitted without sufficient reason, to be allowed by the Board, to make such claim, the amount awarded by the Board may be less than and shall in no case exceed the amount awarded by the Collector.
(3)
Where the applicant has omitted for a sufficient reason, to be allowed by the Board, to make such claim, the amount awarded to him by the Board may be less than or may exceed the amount awarded by the Collector.
Clause 36
Collector may be directed to pay interest on excess compensation
If the sum which in the opinion of the Board the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the Board may direct that the Collector shall pay interest on such excess at the rate of six per centum per annum from the date on which he took possession of the land to the date of payment of such excess to the court or to the person interested.
Clause 37
Rules of court applicable
Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the rules of court for the time being in force shall apply to all proceedings before the court under this Act.
Clause 38
Determination of proportions
(1)
When the amount of the compensation has been settled and there is any dispute as to the apportionment thereof, the Commissioner sitting alone shall decide the proportions in which the persons interested are entitled to share in such amount.
(3)
The procedure governing such appeals to the court shall be the same as for appeals to the High Court from 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.
Clause 39
Costs of apportionment to be borne by parties
The costs of all proceedings for apportioning the amount of compensation shall be borne by such of the persons interested in such proportions as the Commissioner shall determine.
Clause 42
Temporary occupation of land
(1)
Whenever it appears to the President 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.
(2)
The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall for the occupation and use thereof for such term as aforesaid and for the materials, if any, to be taken therefrom pay to them such compensation, either in a gross sum of money or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively.
(3)
In case the Collector and the persons interested differ as to the sufficiency of the compensation or the apportionment thereof, the Collector shall refer such difference to the decision of the Board.
Clause 43
Power to enter and take possession
(1)
On payment of such compensation or on executing such agreement or on making a reference under section 42 of this Act, the Collector may enter upon and take possession of the land and use or permit the use thereof in accordance with the terms of the said notice.
(2)
On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage, if any, done to the land and not provided for by the agreement and shall restore the land to the persons interested therein.
(3)
If the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the President shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose.
Clause 44
Difference as to condition of land
If the Collector and the persons interested differ as to the condition of the land at the expiration of the term or as to the compensation mentioned in subsection (2) of section 43 of this Act or as to any matter connected with the said agreement, the Collector shall refer such difference to the decision of the Board, and on such reference or on a reference under subsection (3) of section 42 of this Act, the Commissioner sitting alone shall decide the difference referred.
Clause 45
Service of notice
(1)
Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 3 of this Act, by the officer therein mentioned, and, in the case of any other notice, by or by order of the Collector, the Board or the court.
(2)
Whenever practicable, the service of the notice shall be made on the person therein named.
(3)
When such person cannot be found, the service may be made on any adult male member of his family residing with him; and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the Collector and also on some conspicuous part of the land to be acquired:Provided that, if the Collector, the Board or the court so directs, a notice may be sent by registered letter addressed to the person named therein at his last known residence, address or place of business, and service of it may be proved by the production of the registration receipt.
Clause 46
Obstructing survey, etc. filling trenches, destroying land-marks
Whoever wilfully obstructs any person in doing any of the acts authorised by section 3 or section 7 of this Act, or wilfully fills up, destroys, damages or displaces any trench or mark made under section 3 of this Act, shall be liable on conviction to imprisonment for a term which may extend to one month or to a fine not exceeding one hundred dollars or to both such imprisonment and fine.
Clause 47
Police to enforce surrender
If the Collector is opposed or impeded in taking possession under this Act of any land, he shall apply to the Commissioner of Police who shall enforce the surrender of the land to the Collector.
Clause 48
Government not bound to complete acquisition
(1)
Except in the case provided for in section 43 of this Act, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.
(2)
Whenever the Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage, if any, done to such land under section 3 or section 7 of this Act and not already paid for under section 4 of this Act, and shall pay such amount to the person injured and shall pay to the persons interested all such costs as shall have been reasonably incurred by them by reason or in consequence of the proceedings for acquisition, together with compensation for the damage, if any, which they may have sustained by reason or in consequence of such proceedings.
(3)
The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.
(4)
When the Government has withdrawn from any acquisition, whether before or after the enactment of this subsection, any costs, payable by the Government to any person interested under subsection (2) of this section shall, unless the amount of the same is agreed between the Government and the person interested, be taxed by the Registrar of the High Court in accordance with a procedure to be prescribed by rules of court for the time being in force.
Clause 49
Acquisition of part of house or building
(1)
The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building which is reasonably required for the full and unimpaired use of the house, manufactory or other building, if any person interested desires that the whole of such house, manufactory or building shall be so acquired:Provided that such person interested may, at any time before the Collector has made an award under section 10 of this Act, by notice in writing withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be so acquired.
(2)
The question whether a part of any house, manufactory or building is reasonably required for the full and unimpaired use of the house, manufactory or building shall, if the parties cannot agree, be referred by the Collector for the determination of the court.
(3)
If any question arises as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building which is reasonably required for the full and unimpaired use of the house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the court, and shall not take possession of such land until after the question has been determined.
Clause 50
Acquisition of whole or any additional portion of land where compensation for severance is payable
(1)
If any claim for compensation is made to a Collector holding an enquiry under section 10 of this Act by a person interested or his agent as provided by section 15 of this Act and paragraph (c) of subsection (1) of section 33 of this Act, on account of the severing of the land to be acquired from his other land, or if, notwithstanding that no such claim has been made, a Collector holding such enquiry shall have certified under his hand that compensation as aforesaid is payable upon the acquisition, it shall be lawful for the President at any time before the Collector has made his award, to order the acquisition of the whole or any additional portion of the land of which the land first sought to be acquired forms a part.
(2)
No fresh declaration or other proceedings under sections 5, 6 and 8 of this Act shall be necessary; but the Collector shall without delay furnish a copy of the order of the President to the person interested and shall thereafter proceed to make his award under section 10 of this Act.
Clause 51
Defraying of costs
Where land is acquired for any person, corporation or statutory board, the costs incurred by the Collector in such acquisition shall be defrayed by such person, corporation or statutory board.
Clause 52
Exemption from stamp duty and fee
No award, agreement, affidavit or other document made under this Act by the Collector shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of such award or agreement.
Clause 53
Bar of suits to set aside awards under Act
No suit shall be brought to set aside an award or apportionment under this Act.
Clause 54
Transitional provisions
(1)
Where a declaration has been made before the coming into operation of this Act under the provisions of subsection (1) of section 5 of the Land Acquisition Ordinance (Cap. 248), but an enquiry under the provisions of section 10 of the said Ordinance has not been held, the declaration shall be deemed to have been made on the date of the coming into operation of this Act.
(2)
Where a person interested has, before the coming into operation of this Act, by written application to the Collector required the matter of the award of the Collector which he has not accepted to be referred to court under the provisions of subsection (1) of section 19 of the Land Acquisition Ordinance and —
(a)
if the Collector has not referred the matter to court —
(i)
the written application shall be deemed to be a written notice of appeal under the provisions of paragraph (a) of subsection (1) of section 23 of this Act;
(ii)
the deposit required under the provisions of paragraph (b) of subsection (1) of section 23 of this Act shall be deposited within twenty-eight days of the date of a written notice by the Collector;
(iii)
the petition of appeal required to be lodged under the provisions of paragraph (c) of subsection (1) of section 23 of this Act shall be lodged within eight weeks of the date of such notice; and
(b)
if the Collector has referred the matter to the court and proceedings have not commenced for the determination of such matter —
(i)
the proceedings shall be deemed to have been withdrawn with the leave of the court; and
(ii)
the proceedings shall be deemed to be transferred to the Board as an appeal under the provisions of section 23 of this Act, but the appellant shall not be required to comply with the provisions of subsection (1) of section 23 of this Act.
(3)
For the purposes of paragraph (b) of subsection (2) of this section, proceedings shall be deemed not to have commenced in any case where the hearing for the determination of such matter has not commenced on the date of the coming into operation of this Act.
(4)
An appeal to the Board by virtue of the provisions of paragraph (a) of subsection (2) of this section shall be deemed to have been withdrawn if —
(a)
the provisions of sub-paragraphs (ii) or (iii) of paragraph (a) of subsection (2) of this section have not been complied with; or
(b)
any security required by an order under the provisions of subsection (3) of section 32 of this Act has not been furnished with the Accountant-General within the time specified by such order.
(5)
(a)
Any person interested who was precluded during the continuance in force of the Land Acquisition (Amendment) Ordinance, 1964 (Ord. 1 of 1964), from requiring the Collector under the provisions of subsection (1) of section 19 of the Land Acquisition Ordinance (Cap. 248) to refer the matter for the determination of the court may appeal to the Board in the manner provided by section 23 of this Act: Provided that for the purposes of this subsection, the period for the written notice of appeal and for the deposit under the provisions of paragraphs (a) and (b) of subsection (1) of section 23 of this Act shall be twenty-eight days from the date of the coming into operation of this Act and the period for lodging the petition of appeal under the provisions of paragraph (c) of subsection (1) of section 23 of this Act shall be eight weeks from the date of the coming into operation of this Act.
Clause 55
Rules
(1)
The Minister may make rules generally for carrying out the provisions of this Act, and without prejudice to such general power, may make rules for the guidance of officers in all matters connected with this Act.
(2)
All such rules shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.
Clause 56
Repeal
The Land Acquisition Ordinance (Cap. 248) and the Land Acquisition (Amendment) Ordinance, 1964 (Ord. 1 of 1964), are hereby repealed.
Common questions
- What is Land Acquisition Bill?
- Land Acquisition Bill is Singapore Bill, cited as Bill 19 1966, currently marked in force and first recorded in 1966.
- Is Land Acquisition Bill still in force?
- Yes — Land Acquisition Bill is currently in force.
- When did Land Acquisition Bill take effect?
- Land Acquisition Bill was first recorded in 1966.
- How many clauses does Land Acquisition Bill have?
- Land Acquisition Bill contains 56 clauses.
- Where can I read the official version of Land Acquisition Bill?
- The official text of Land Acquisition Bill is published at sso.agc.gov.sg.