Local Government Integration Ordinance

This Ordinance may be cited as the Local Government Integration Ordinance, 1962, and shall come into operation on such date as the Yang di-Pertuan Negara may by notification in the Gazette appoint.

The Yang di-Pertuan Negara may appoint different days for the coming into operation of different Parts or provisions of this Ordinance.

Any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved under the Municipal Ordinance (Cap. 133 (1936 Edition)), the Local Government Ordinance, 1957 (Ord. 24 of 1957), and the Burials Ordinance (Cap. 212), shall, except where otherwise expressly provided in this Ordinance or in any other written law, continue and be deemed to have been prepared, made, granted or approved, as the case may be, under this Ordinance.

Notwithstanding the repeal of the Municipal Ordinance, the Local Government Ordinance, 1957, and the Burials Ordinance, any subsidiary legislation made under the said Ordinances, so far as such subsidiary legislation relates to matters falling within the scope of this Ordinance and is not inconsistent with the provisions of this Ordinance, shall remain in force within the respective areas of Singapore affected by such subsidiary legislation prior to the repeal of the aforesaid Ordinances and shall have the force of regulations made under this Ordinance until it has been revoked or replaced by subsidiary legislation issued or made under this Ordinance:Provided that the Minister may by order vary, amend, extend or revoke such subsidiary legislation so remaining in force or any part thereof as he thinks fit.

In this Ordinance, unless the context otherwise requires —

“aerial sign” means any sign, representation, communication or advertisement visible against the sky from any street or public place or any sound audible therefrom made, exhibited or displayed by or by means of an aircraft or other means not attached to premises other than a sign, representation, communication or sound made, exhibited, displayed or used for the purposes of aerial navigation;

“arcade” includes verandah;

“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure, support or foundation connected to the foregoing;

“City Council” means the City Council of Singapore originally incorporated by Indian Act No. 27 of 1857 and incorporated under and by virtue of the Municipal (Elections—Amendment) Ordinance, 1948 (Ord. 29 of 1948), with the status of a City conferred by Royal Charter dated the 24th day of July 1951, and as constituted under the provisions of section 6 of the Local Government Ordinance, 1957 (Ord. 24 of 1957);

“Competent Authority” means any Competent Authority appointed under section 3 of the Planning Ordinance, 1959 (Ord. 12 of 1959);

“Consolidated Fund” means the Consolidated Fund constituted by section 95 of the Singapore (Constitution) Order in Council, 1958; [G.N. No. S 293/58.]

“dairy” includes any cowshed, milk-store, milk-shop or other place from which milk is supplied or in which milk is kept for purposes of sale;

“dwelling-house” includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;

“footway” includes foot-ways and verandah-ways at the sides of streets;

“garden refuse” means the refuse from garden and agricultural operations;

“Health Officer” means a Health Officer appointed under section 64 of this Ordinance and includes the Director of Medical Services, a Deputy Director of Medical Services, an Assistant Director of Medical Services and a Senior Health Officer;

“holding” means any piece or parcel of land held or possessed under an instrument of title, capable of being registered under the Registration of Deeds Ordinance (Cap. 255), or where applicable, under the Land Titles Ordinance, 1956 (Ord. 21 of 1956), relating exclusively thereto;

“house” includes dwelling-house, warehouse, office, counting-house, shop, school, and any other building in which persons are employed;

“market” means any place, other than a shop, ordinarily used for the sale of animals or of meat, fish, fruit, vegetables, poultry, eggs or other perishable articles of food for human consumption, and includes all land and premises in any way used in conjunction or connection therewith or appurtenant thereto;

“Municipal Provident Fund” means the Municipal Provident Fund established by the City Council under the provisions of the Municipal Ordinance (Cap. 133 (1936 Edition)) and continued and deemed to have been established under the Local Government Ordinance, 1957 (Ord. 24 of 1957);

“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;

“occupier” means the person in occupation of the premises in respect of which the word is used or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;

“owner” means the person for the time being receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as receiver or who would receive the same if such premises were let to a tenant and shall for the purposes of sections 46 and 55 of this Ordinance include a mortgagee not in possession and includes the person whose name is entered in the Valuation List authenticated under the provisions of section 12 of the Property Tax Ordinance, 1960 (Ord. 72 of 1960);

“a place of public resort” means a building or a defined or enclosed place used or constructed or adapted to be used either ordinarily or occasionally as a church, chapel, mosque, temple or other place where public worship is or religious ceremonies are performed, not being merely a dwelling-house so used, or as a cinema, theatre, public hall, public concert room, public ballroom, public lecture room, or public exhibition room, or as a public place of assembly for persons admitted thereto by ticket or otherwise, or used or constructed or adapted to be used either ordinarily or occasionally for any other public purpose;

“port” means a port within the meaning of the Merchant Shipping Ordinance (Cap. 207);

“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

“private street” means any street not being a public street;

“public bridge” means a bridge which carries a public street;

“public street” means any street over which the public have a right of way which was usually repaired or maintained by the City Council or the Rural Board before the coming into operation of this Ordinance or which has been transferred to or has become vested in the Government under this Ordinance or in any other manner;

“Public Utilities Board” means the Public Utilities Board established by section 3 of the Public Utilities Ordinance, 1962 (Ord. — of 1962);

“regular line of street” means a line of street approved and shown on a Certified Interpretation Plan prepared and certified by the Competent Authority under the provisions of section 8 of the Planning Ordinance, 1959 (Ord. 12 of 1959), or a regular line of street prescribed by the Singapore Improvement Trust under the Singapore Improvement Ordinance (Cap. 259) or before 1st July, 1927, by the Municipal Commissioners of the Town of Singapore;

“Rural Board” means the Rural Board, Singapore, constituted under the Municipal Ordinance (Cap. 133 (1936 Edition));

“Singapore Improvement Trust” means the Singapore Improvement Trust constituted under the Singapore Improvement Ordinance (Cap. 259);

“sky-sign” means any erection consisting of a frame, hoarding, board, bar, pillar, post, wire or any combination of such things, or any erection of a like nature, or any visible object which floats or is kept in position by wire or other flexible attachment, displayed for the purposes of trade or professional advertisement in such a position as to be conspicuously visible against the sky above the general level of the roofs of surrounding buildings from any street or public place;

“stable refuse” means the dung or urine of horses, cattle, sheep, goats or swine, and the sweepings or refuse or drainage from any stables or cattle-sheds or places for keeping sheep, goats, swine or poultry;

“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public have a right of way, and also the way over any public bridge, and also includes any road, footway or passage, open court or open allev, used or intended to be used as a means of access to two or more holdings, whether the public have a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of such street;

“street works” includes work of sewering, levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting and otherwise the making good a street or part of a street;

“trade refuse” means the refuse of any trade, manufacture or business or of any building operations;

“Treasury” means the Minister charged with responsibility for finance in the State of Singapore and includes any officer under the administrative control or direction of the Minister;

In any written law and in any document whatsoever, unless the context otherwise requires, any reference to a local authority or the City Council or the Rural Board or any officer thereof, shall be construed as a reference to the Government, Minister or public officer for the time being, under and by virtue of this Ordinance, discharging the functions performed by such local authority, the City Council, Rural Board or any officer thereof, as the case may be, prior to the coming into operation of this Ordinance.

Upon the coming into operation of this Ordinance, all lands, buildings and other property, movable and immovable, of the City Council and of the Rural Board at the end of the year 1960, including all assets, powers, rights, interests and privileges as well as debts, liabilities and obligations in connection therewith or appertaining thereto, other than those vested in and held by the City Council —

The Minister for Finance may, by notification in the Gazette, direct that any of the assets and liabilities so deemed to have been transferred to and vested in the Government shall be transferred to and vested in the Public Utilities Board and the same shall be vested in the Board with effect from the date specified in such direction.

Any proceeding or cause of action pending or existing immediately prior to the coming into operation of this Ordinance by or against the City Council or the Rural Board in respect of the assets and liabilities transferred to the Government under this section may be continued and enforced by or against the Government, as it might have been by or against the City Council or the Rural Board, had this Ordinance not come into operation.

All public streets, public sewers, public canals, public surface and storm water drains and public bridges and the pavements, stones and other materials thereof, and also all erections, materials, implements and other things provided for the same shall be vested in the Government for the purposes of this Ordinance.

The Minister may declare by notification in the Gazette that any unnavigable river or stream outside the limits of any port, together with such means of access thereto and along the same as are set forth in the declaration, is required for the purposes of this Ordinance, and thereupon the river or stream including its bed specified in the declaration and the land forming the said means of access shall become vested in the Government and shall be maintained and cleaned at the expense of the Government.

The Government shall make full compensation to the owner of any land for any damage which such owner sustains by reason of any such declaration as in subsection (2) of this section mentioned and, if any dispute arises touching the amount of compensation, the same shall be ascertained in the manner hereinafter provided:Provided that such owner shall not be entitled to any compensation for such damage under any other written law for the time being in force.

If any person wilfully removes, destroys or damages any property belonging to the Government by virtue of this Ordinance or acquired by the Government for the purposes thereof, or hinders or prevents such property from being used or operated in the manner in which it is intended to be used or operated he shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one thousand dollars and a Magistrate’s Court may order him to pay compensation to the Government for any damage done by him.

Any private person may apprehend any person who in his view commits an offence against the provisions of this section and shall on such apprehension without unreasonable delay hand over the person so apprehended to a police officer.

Any person who carelessly or accidentally removes, destroys or damages any property belonging to the Government by virtue of this Ordinance or acquired by the Government for purposes thereof, or hinders or prevents such property from being used or operated in the manner in which it is intended to be used or operated shall pay by way of compensation to the Government such sum of money not exceeding one thousand dollars as a Magistrate’s Court thinks reasonable. Nothing in this subsection shall prevent the Government from taking legal proceedings for the recovery of the full amount of the damage caused by such person.

Upon the coming into operation of this Ordinance, every person in the employment of the City Council who is not deemed to have been transferred to the service of the Public Utilities Board under the provisions of section 42 of the Public Utilities Ordinance, 1962 (Ord. ... of 1962), shall be deemed to be transferred to the service of the Government at the same rate of pay and, as near as may be, on the same conditions of service as those on which he was employed by the City Council:Provided that in respect of those persons whose appointment to the public service is required by the Singapore (Constitution) Order in Council, 1958, to be made by the Public Service Commission, such transfer shall be subject to the approval of the said Commission. [G.N. No. S 293/58.]

The service under the City Council of every person transferred to the service of the Government under subsection (1) of this section shall be deemed to have been service under the Government for the purposes and subject to the provisions of the Pensions Ordinance, 1956 (Ord. 22 of 1956).

Until Rules are made under section 12 of this Ordinance, the Municipal (Provident Fund) Rules, 1956, as from time to time amended, shall continue to apply to every person transferred to the service of the Government under section 9 of this Ordinance who, immediately prior to the coming into operation of this Ordinance, was a member of the Municipal Provident Fund, or would have been eligible for membership of the said Fund if he had attained the age of twenty years and had passed a medical examination of the standard prescribed, in the like manner as the said Rules applied to such persons immediately prior to the coming into operation of this Ordinance, and every reference to service or employment with the City Council in the said Rules shall be construed as a reference to service or employment with the Government in respect of such persons. [G.N. No. S 179/56.]

Until Rules are made under section 12 of this Ordinance, the provisions of the Municipal (Provident Fund) Rules, 1956, as from time to time amended, requiring the City Council to make payments into the Municipal Provident Fund shall apply to the Government and be construed as provisions requiring the Government to make payments into the said Fund in respect of every person referred to in subsection (1) of this section who is or who becomes a member of the said Fund.

Persons who have been transferred to the service of the Government under section 9 of this Ordinance may count their previous service in the City Council, and their previous membership of the Municipal Provident Fund and their contributions to the said Fund, for the purpose of determining the benefits to which they become entitled under this section.

The Municipal Provident Fund shall continue and be deemed to have been established under this Ordinance and shall be held, managed and administered as a Government fund separate from other Government funds.

Until Rules are made under section 12 of this Ordinance, the Municipal (Provident Fund) Rules, 1956, shall continue to have effect as though references therein to the powers and duties of the City Council in relation to the management and administration of the said Fund were references to the powers and duties of the Minister.

The Minister may make such rules for the maintenance of the Municipal Provident Fund as he may consider desirable and, in particular, for the provision of payments or other allowances on death, resignation, retirement or discharge to persons who are members of the said Fund or who become members thereof, for the payment of moneys into the said Fund by the respective employers of the members of the said Fund, for the payment of contributions towards the management expenses of the said Fund by the said employers, for the contribution of moneys into the said Fund by the members thereof and for their ceasing to be members of the said Fund.

Subject to the provisions of subsection (3) of this section, no payments or other allowances on death, superannuation, resignation, retirement or discharge made or granted to persons out of the Municipal Provident Fund nor the rights of any contributor acquired thereunder shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever. No such payments or other allowances shall pass to the Official Assignee on the bankruptcy of such person, but if any such person is adjudicated a bankrupt or is declared insolvent by judgment of the Court, such payments or other allowances shall be deemed to be impressed with a trust in favour of the objects entitled thereto on the death of that person. The bankruptcy of a member shall not affect the making of deductions from the salary of the member under the rules of the Municipal Provident Fund, but notwithstanding the provisions of any written law such deductions shall continue to be made notwithstanding the bankruptcy and the portion of salary so deducted shall be deemed not to form part of the member’s after acquired property.

Notwithstanding the provisions of subsections (2) and (4) of this section, the Minister shall be entitled —

Subject to the provisions of subsection (3) of this section, all moneys paid out of the Municipal Provident Fund on the death of any member shall be deemed to be impressed with a trust in favour of the objects entitled thereto under the will or intestacy of such deceased person, and shall not be deemed to form part of his or her estate or be subject to his or her debts but shall be deemed to be property passing on his or her death for the purposes of the Estate Duty Ordinance (Cap. 162).

Any member may by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of the Municipal Provident Fund and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof. Such memorandum shall be in such form as may be approved by the Minister and shall be deposited with the Government.

If at the time of the death of any member or at any time afterwards there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the High Court or a Judge thereof.

The receipt of a trustee or trustees duly appointed or in default of any such appointment and of written notice thereof to the Government the receipt of the legal personal representative of a deceased member shall be a discharge to the Government for any moneys payable on his death out of the Municipal Provident Fund.

The Yang di-Pertuan Negara may, by notification in the Gazette, appoint an officer, to be called the Chief Fire Officer, to carry out the provisions of this Part of this Ordinance.

The Chief Fire Officer may, subject to such conditions or restrictions as he thinks fit, delegate to any public officer employed in the administration of this Ordinance all or any of the powers, functions and duties by this Ordinance vested in him

There shall be provided and maintained an adequate and efficient fire brigade and accident ambulance service under the charge of the Chief Fire Officer who shall maintain and keep in order all such premises, works, fire engines, ambulances, tools, implements, fire alarms, hydrants and other appliances, equipment and apparatus as may be deemed by the Government necessary and proper for the purpose of extinguishing fires, and of preserving life and property in case of fire.

Ambulances provided under this section shall not ordinarily be used for the conveyance of a person suffering from an infectious disease:Provided that in any case where as a result of sudden injury to any such person, his conveyance in such an ambulance becomes necessary, the Chief Fire Officer on discovering the existence of such infectious disease shall not use, cause, permit or suffer such ambulance again to be used until all necessary steps have been taken to prevent the communication of the disease to any other person.For the purpose of this subsection, the expression “infectious disease” has the meaning assigned to it by the Quarantine and Prevention of Disease Ordinance (Cap. 147).

The Chief Fire Officer may place fire alarms and hydrants or other appliances, equipment and apparatus as he may deem necessary at convenient places in streets and may cause to be affixed to any building a plate indicating the position of the nearest fire hydrant or alarm.

No person shall take any water for any purpose whatsoever from any fire hydrant.

Any police officer may assist the fire brigade in the execution of its duty and may close any street in or near which a fire is burning.

Any person who assaults, disturbs, obstructs, molests, hinders or interferes with any member of the fire brigade or any police officer or person assisting the fire brigade or acting under the orders of the Chief Fire Officer or other officer in charge of the fire brigade on the spot, shall be liable on conviction to a fine not exceeding five hundred dollars.

No place shall be used by any person for any of the purposes mentioned in the Second Schedule to this Ordinance except under and in accordance with a licence from the Chief Fire Officer.

Any person who without a licence uses any place or permits the same to be used for any of the said purposes shall be liable on conviction to a fine not exceeding five hundred dollars and to a further fine not exceeding one hundred dollars for every day during which the said offence is continued after conviction.

The Chief Fire Officer may at any time suspend or revoke such licence if it appears necessary to him to do so:Provided that if such licence is suspended or revoked except on the ground of the licensee having violated the licence or any of the terms and conditions thereof, the Government shall be liable to make compensation to the licensee for the loss to which such suspension or revocation subjects him.

The Minister may from time to time by notification in the Gazette add to, alter or amend the Second Schedule to this Ordinance.

The Chief Fire Officer may, after consultation with the Competent Authority, prohibit the use of any particular places or areas for the purposes of any dangerous trade or for all or any of the purposes mentioned in the Second Schedule to this Ordinance.

Notice of every such prohibition shall be published in the Gazette and such notice shall contain a statement that application for its cancellation may be made to the Minister at any time within one month from its publication and that it shall not come into operation until the expiration of two months from such publication.

The Minister may, upon application made within one month from its publication, cancel any such notice of prohibition and thereupon the same shall become null and void.

No compensation shall be payable by the Government to the owners or other persons interested in any property comprised in any area within which the carrying on of any trade or business has been prohibited.

Where the Chief Fire Officer is satisfied that any grass, hedge, tree or other vegetation whether growing or not is in an inflammable state or likely to be dangerous to life or property or to cause an obstruction or in any way physically or visually to impede traffic, the Chief Fire Officer may by notice in writing require the owner or occupier of the land on which the same is growing or lying to remove the same within a time specified in the notice.

If the notice is not complied with, the Chief Fire Officer at any time after the expiration of the time so specified may cause the work to be done, and the cost and expenses of so doing shall be payable by the owner or occupier in default and shall be recoverable in the manner provided under section 152 of this Ordinance:Provided that where the person in default is an owner who is not known or cannot be found in Singapore, the provisions of section 155 of this Ordinance shall apply to any sum payable by such owner under this subsection.

If any fire shall occur on any land in respect of which a notice under this section has been given and before the notice has been fully complied with, the cost and expenses of extinguishing the fire shall be payable by the owner or occupier in default and shall be recoverable in the manner provided under section 152 of this Ordinance:Provided that where the person in default is an owner who is not known or cannot be found in Singapore, the provisions of section 155 of this Ordinance shall apply to any sum payable by such owner under this subsection.A certificate as to the amount of such cost and expenses under the hand of the Chief Fire Officer shall be conclusive evidence that such amount has been so incurred.

Any person on whom a notice under this section has been served shall, if he is not the owner or occupier of the land in respect of which such notice has been served, within seven days from the date thereof inform the Chief Fire Officer in writing that he is not such owner or occupier.

Any person who makes default in complying with the provisions of subsection (4) of this section shall, unless he shows cause to the satisfaction of the Court for such default, be deemed, for the purpose of recovering the cost and expenses of executing any work in pursuance of the notice served on him, to be the owner or occupier, as the case may be, of the land in respect of which such notice has been served.

Where in any case as is referred to in subsection (5) of this section, the Court is satisfied that the person in default has shown sufficient cause for his default, the costs and expenses of executing any work in pursuance of the notice served on such person shall, notwithstanding that such notice has not been served on the owner of the land, be payable by such owner and shall be recoverable in the manner provided under section 152 of this Ordinance:Provided that where such owner is not known or cannot be found in Singapore, the provisions of section 155 of this Ordinance shall apply to any sum payable by such owner under this subsection.

No compensation shall be payable by the Government in respect of the execution of any work done in pursuance of a notice issued under this section.

The Yang di-Pertuan Negara may, by notification in the Gazette, appoint an officer to be called the Director of Public Works, in this Part of this Ordinance referred to as the Director, also one or more officers to be called Deputy Directors of Public Works and one or more officers to be called Assistant Directors of Public Works who, subject to such limitations as may be prescribed by the Director, may perform all duties imposed and exercise all powers conferred on the Director by this Part of this Ordinance, and every duty so performed and power exercised shall be deemed to have been duly performed and exercised for the purposes of this Part of this Ordinance.

The Director may, subject to such conditions or restrictions as he thinks fit, delegate to any officer in Division I of the public service employed in the administration of this Part of this Ordinance all or any of the powers, functions and duties vested in him by sections 17 to 19, 26 to 28 and 35 to 40 of this Ordinance.

The Director shall, so far as the funds at his disposal will admit, cause all public streets together with the footways thereof, whether covered by arcades or not, to be maintained and repaired and may —

The Director may set up or affix to any buildings abutting on a public street, boundary stones or other marks to denote the width of such street.

Any person who removes, defaces or injures any such stone or mark shall be liable on conviction to a fine not exceeding five hundred dollars.

The owner and occupier of any premises in or against or to which such stone or mark is set up or affixed shall protect the same.

The expense of replacing any such stone or mark shall be paid by the occupier or, if the premises are unoccupied, by the owner, and shall be recoverable as hereinafter provided.

When the Director has made a new street, he may recover the cost of acquiring the land for, and of constructing, the said street from the owners of the premises fronting, adjoining or abutting upon such street.

Such cost shall be paid by the persons who are the owners when the work is completed according to the frontage of their respective premises in such proportions as are settled by the Director or, in case of dispute, as are settled in the manner hereinafter in section 152 of this Ordinance provided for the settlement of disputes respecting damages and expenses:Provided that no owner shall be called upon to pay a greater sum than half of that by which his holding has been appreciated in value by reason of the new street having been constructed.

In order to arrive at such appreciation in value the Director shall cause a valuation to be made of the premises fronting, adjoining or abutting upon the line of such street at the time the sanction of the Minister is given, and a further valuation made as soon as the street is completed.

If the owner of any such premises is dissatisfied with either of such valuations, he may appeal to the Minister whose decision shall be final.

The provisions of section 155 of this Ordinance shall apply to any sum payable by the owners under this section.

Every person who intends to make any new street shall give notice in writing thereof to the Director, accompanied by a plan in duplicate, showing the intended level and construction of such street and the level of the houses to be built on land abutting upon it and the proposed manner of draining it, and by a statement whether such street is intended for a carriage road, or for foot traffic only, in order that the same may be approved by the Director subject to compliance with such directions as may be given under subsection (2) of this section:Provided that the Director shall not approve the detailed plans of any new street unless the Competent Authority shall first have given written permission for the use of the land for this purpose under the provisions of the Planning Ordinance, 1959 (Ord. 12 of 1959).

The Director may give written directions to the person submitting a plan for a new street with regard to any of the following particulars: —

The person to whom any such written directions are so given shall amend the plan accordingly.

The person whose plan has been approved by the Director and each successor in title of such person, so far as the street lies in the land acquired by him, shall lay out the new street and demarcate its boundaries by such boundary stones or other marks as are considered sufficient by the Director to denote the length, width and alignment of the street.

If the new street has not been laid out and demarcated within the period of six calendar months from the date when the plan was approved by the Director, the Director may enter upon the land and demarcate the boundaries of the new street at the expense of the person whose plan has been approved or of his successor in title.

Any person who removes, defaces or injures any stone or mark set to denote the length, width or alignment of such new street shall be liable on conviction to a fine not exceeding two hundred dollars.

Any person who —

If a new street has not been constructed by the person whose plan has been approved by the Director or by his successor in title so far as the street lies in the land acquired by such successor within the period of nine months from the date of the plan as approved by the Director, or such longer period as the Director may in any particular case allow, the Director may enter upon the land and construct the street at the expense of the person whose plan has been approved or of his successor in title so far as the street lies in the land acquired by him:Provided that for the purposes of this subsection any such plan approved under the provisions of section 142 of the Local Government Ordinance, 1957 (Ord. 24 of 1957), shall be deemed to be a plan approved under the provisions of this section.

Where any new street is stated to be intended for foot traffic only, the Director may impose such conditions for ensuring that the same shall not be used as a carriage road as he thinks fit.

Any person who keeps open or uses such street in breach of such conditions shall be liable on conviction to a fine not exceeding five hundred dollars and to a further fine not exceeding fifty dollars for every day during or on which the offence is continued or repeated.

No person shall erect or maintain or permit to be erected or maintained any obstruction in any such street, and the Director may, where any such obstruction exists, take down and remove the same.

For the purposes of this section the expression “new street” shall be deemed to include the continuation of an existing street or the widening or alteration of any existing street or the adapting of a street made for foot traffic only for carriage traffic.

If the person giving a notice under subsection (1) of this section is dissatisfied with any requisition or disapproval by the Director, he may, within seven days from the receipt of such requisition or disapproval, appeal to the Minister whose decision shall be final.

If the Director does not, within two calendar months from the delivery of a notice and the plan under subsection (1) of this section or of the date of the resubmission of such plan amended in pursuance of subsection (3) of this section, as the case may be, approve such plan, such plan shall be deemed to be approved unless the Director shall have previously disapproved the same:Provided that nothing herein shall be construed to exempt the person submitting such plan from otherwise complying with the provisions of this Ordinance or any regulations made thereunder.

Where any private street or part of a private street in the opinion of the Director requires the execution in respect of it of street works, the Director may from time to time decide with respect to such private street or part thereof to execute such street works as he considers necessary and the expenses incurred by the Director in executing such street works shall be apportioned (subject as in this section mentioned) among the premises fronting, adjoining or abutting on such private street or part thereof, and any such decision may include several private streets or parts thereof or may be limited to any part or parts of a private street.

The Director shall cause to be prepared plans and specifications of the street works and an estimate of the expenses thereof and a provisional apportionment of such estimated expenses amongst the owners of the said premises and shall serve a notice of such decision in the prescribed form upon each of the owners of such premises and upon the owners of such other premises, if any, which the Director in accordance with the provisions of subsection (3) of this section decides to include in the provisional apportionment, requiring them to execute to the satisfaction and in accordance with the directions in writing of the Director, such street works within such period as may be specified in the notice commencing from the date of the service of such notice.

In such provisional apportionment of expenses of street works, the apportionment of expenses against the premises fronting, adjoining or abutting on such private street or part thereof in respect of which the expenses are to be incurred shall, unless the Director otherwise decides, be apportioned according to the frontage of the respective premises; but the Director may, if he thinks fit, decide that in settling the apportionment regard shall be had to the following considerations: —

The Director in any estimate of the expenses of street works may include such reasonable charges in respect of surveys, superintendence and publication and service of notices as he may from time to time determine.

During one month from the date of the service of the said notice, the said plans, specifications, estimate and provisional apportionment shall be open to inspection by or on behalf of any person upon whom such notice has been served and by or on behalf of the owners of any building or holding listed in the Valuation List of the Comptroller of Property Tax for the time being in force, at the office of the Director, and the said notice shall state that the aforesaid plan, specification, estimate and provisional apportionment are so open to inspection as aforesaid during the usual office hours until a day not less than one month from the date of the service of such notice upon which the Director will consider any objections to the proposed street works or to the plan, specification, estimate and provisional apportionment or any amendment thereof, and shall also state that in default of compliance with the requirements of the Director as stated in the said notice, the Director will himself cause the street works to be executed.

The Government may, if it thinks fit, pay the whole or any part of the expenses of the street works and if it decides so to pay any part of such expenses, the provisional apportionment shall indicate the proportion of such expenses which the Government has decided to pay, and the payment of part of such expenses may be made in such a manner as wholly to relieve the owner of any particular premises served with a notice under this section to the exclusion of such other owners or to relieve him to a greater extent than other owners.

The Director may from time to time amend the plan, specification, estimate and provisional apportionment for any street works, but if by reason of such an amendment the estimate in respect of any private street or part thereof is increased or the provisional apportionment of the cost of such street works on any premises is increased, such notices previously served shall be withdrawn in the prescribed manner by the Director and fresh notices based on the amended plan, specification, estimate and apportionment or any of them shall be served by the Director in accordance with the provisions of subsection (2) of this section and the amended plan, specification, estimate and provisional apportionment shall be similarly open to inspection.

During the period of one month referred to in subsection (5) of this section, the owner of any premises shown in the provisional apportionment or amended provisional apportionment as liable to be charged with any part of the expenses of executing the street works may, by notice in writing in the prescribed form duly served upon the Director, object to the execution of the proposed street works and to the plan, specification, estimate and provisional apportionment or any one or more of them or to any amendment thereof pursuant to subsection (7) of this section on any one or more of the following grounds: —

Objections may be made in writing and in accordance with the prescribed procedure and after valid objections have been inquired into and the persons making them have been allowed an opportunity of being heard in accordance with the prescribed procedure, the Director may at his discretion confirm or amend the plan, specification, estimate and provisional apportionment.

The plan, specification, estimate and provisional apportionment so confirmed or amended shall be open to inspection by the persons referred to in subsection (5) of this section during the usual office hours at the office of the Director and notice in the prescribed form stating that they are open to inspection shall forthwith be published in the Gazette and in such other manner as the Director may determine.

Any person who is dissatisfied with the decision of the Director may within fourteen days of the publication of the notice under subsection (10) of this section appeal to the Minister whose decision shall be final.

If such street works are not commenced within fourteen days from the date of such confirmation or amendment or the date on which the plan, specification, estimate and provisional apportionment are confirmed or amended by the Minister, as the case may be, or having been commenced are thereafter suspended or are not completed within the period specified in the notice mentioned in subsection (2) of this section, the Director may, if he thinks fit, cause the same to be executed and completed.

When the street works have been completed and the expenses thereof ascertained, the Director shall cause a final apportionment of the cost of such street works to be made by dividing the expenses in the same proportions as those made in which the estimated expenses were divided in the provisional apportionment or amended provisional apportionment (as the case may be) and such final apportionment shall be conclusive for all purposes and notice of such final apportionment shall be served upon the owners of the premises affected thereby; and the sums apportioned thereby shall be recoverable in the manner provided in section 155 of this Ordinance.

If the expenses incurred in executing the street works as shown in the final apportionment shall exceed the estimated expenses as shown in the provisional apportionment or amended provisional apportionment (as the case may be) the owners of the premises affected shall not be liable to pay that part of such expenses as shown in the final apportionment which are in excess of a sum equal to the estimates shown in the said provisional apportionment plus ten per centum thereof.

Where street works have been executed to the satisfaction of the Director under this Part of this Ordinance in respect of a private street or part of a private street, not being less than thirty-six feet wide, then on the requisition —

Such declaration shall be published in the Gazette.

Where the street or part of the street which is declared to be a public street and to be vested in the Government, is comprised of separate lots already set aside as part of a street, the declaration shall be registered under the provisions of the Land Titles Ordinance, 1956 (Ord. 21 of 1956), in respect of registered land, and under the provisions of the Registration of Deeds Ordinance (Cap. 255) in respect of other land.

Where the street or part of the street, which is declared to be a public street and to be vested in the Government, is comprised of premises included in an existing lot or existing lots, the premises forming such street or part of the street shall be excised from the existing lot or lots and the declaration shall be registered against such excised portions under the provisions of the Land Titles Ordinance, 1956 (Ord. 21 of 1956), in respect of the registered land and under the provisions of the Registration of Deeds Ordinance (Cap. 255) in respect of other land.

Upon such registration the premises forming such street shall vest in the Government free from all incumbrances and where such premises are held under a Statutory Land Grant such vesting shall not be deemed to create a subdivision within the meaning of the Crown Lands Ordinance (Cap. 244).

If any street, not being a public street, is levelled, channelled and drained and either paved, metalled or flagged to the satisfaction of the Director, he may, whether at the request of the owners of premises fronting, adjoining or abutting on such street or otherwise, if he thinks fit, by writing under his hand, declare that at the expiration of one month from the date thereof the said street shall become a public street.

A copy of such declaration shall be forthwith posted up in some part of the said street.

At the expiration of the said period, unless the owners of the premises fronting, adjoining or abutting on such street or the owners of such premises having the greater part in value shall have, by notification to the Director in writing under their hands, objected thereto, the said street shall become a public street and shall vest in the Government and for ever afterwards be repaired by the Government.

Such declaration shall be published in the Gazette.

Where the street which has been declared to be a public street and has become vested in the Government under the provisions of this section is comprised of premises included in separate lots already set aside as part of a street, the declaration shall be registered against such lots under the provisions of the Land Titles Ordinance, 1956 (Ord. 21 of 1956), in respect of registered land and under the provisions of the Registration of Deeds Ordinance (Cap. 255) in respect of other land.

Where the street which has been declared to be a public street and has become vested in the Government under the provisions of this section, is comprised of premises included in an existing lot or existing lots, the premises forming such street shall be excised from the existing lot or lots and the declaration shall be registered in respect of such excised portions under the provisions of the Land Titles Ordinance, 1956, in respect of registered land and under the provisions of the Registration of Deeds Ordinance in respect of other land.

Upon such registration the premises forming such street shall vest in the Government free from all incumbrances and where such premises are held under a Statutory Land Grant, such vesting shall not be deemed to create a subdivision within the meaning of the Crown Lands Ordinance (Cap. 244).

The Director may, with the concurrence of the Competent Authority, decide that any private street or any part of a private street shall be widened to a width of not less than thirty-six feet throughout its length, and for this purpose may prepare a plan complying with the requirements of the Land Titles Ordinance, 1956, in respect of registered land and of the Registration of Deeds Ordinance in respect of other land showing thereon the premises the acquisition of which will be rendered necessary to effect such widening and by deed may declare that the same shall vest in the Government and may register such deed together with the aforesaid plan in accordance with the provisions of the Land Titles Ordinance, 1956, in respect of registered land and the Registration of Deeds Ordinance in respect of other land.

Upon such registration the aforesaid premises shall vest in the Government free from all incumbrances and where such premises are held under a Statutory Land Grant, such vesting shall not be deemed to create a subdivision within the meaning of the Crown Lands Ordinance:Provided that no part of such premises shall be deemed to be or to form part of a public street by reason of their having become vested in the Government or by reason of their subsequently being repaired or maintained by the Government notwithstanding the fact that the private street of which the premises may be deemed to form part may be a street over which the public have a right of way, but shall be deemed to be a part of such private street until the whole of the street or the entire width of that part of it adjoining such premises shall have been declared a public street in accordance with the provisions of this Part of this Ordinance.

Whenever any premises other than those referred to in subsection (1) of this section have been acquired by the Government pursuant to the provisions of subsections (5) and (6) of this section, the Director shall prepare a plan complying with the requirements mentioned in subsection (1) of this section of the premises so acquired and shall by deed declare that such premises have been acquired by the Government and upon registration of such deed together with the plan the premises shall vest in the Government free from all incumbrances.

When the Director has pursuant to the provisions of this section registered any deed, he may take possession of the premises described therein and may proceed to demolish and remove any building or portion of any building forming part thereof.

Where the acquisition under this section of any portion of a building affixed to a holding renders useless the remainder of such building, the Government shall, if the owner so requires, acquire the remainder of the holding of which such building forms a part and shall pay compensation therefor in accordance with the provisions of subsection (7) of this section.

Where the acquisition under this section of any portion of a holding having no building affixed to that portion or to the remainder of the holding, would render useless as a building site the remainder of the holding the Government shall, if the owner so requires, acquire the remainder of the holding, and shall pay compensation therefor in accordance with the provisions of subsection (7) of this section.

Compensation for premises acquired under the provisions of this section shall be paid to such owners thereof as require to be paid compensation in accordance with the following provisions: —

Save as in this section provided, the compensation to be paid by the Government for any premises acquired under this section shall be ascertained in accordance with the provisions of the Land Acquisition Ordinance (Cap. 248) and any other written law for the time being in force governing the acquisition of land for public purposes, as if the same were acquired for a public purpose, the date of the aforesaid registration being substituted for the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance for the purpose of ascertaining the market value of the premises.

The total cost of acquisitions under this section shall be paid to the Government by the owners at the time of the apportionment hereafter in this subsection mentioned, of the premises fronting, adjoining or abutting upon such street or part thereof so widened by the inclusion of the premises vested in the Government under subsection (2) of this section, in proportion to the frontages of the respective premises of such owners adjoining or abutting upon such street. The Director shall as soon as may be after completion of the acquisitions apportion such cost accordingly and may, without prejudice to any other remedies for the recovery thereof, recover the apportioned parts of such cost in the manner provided in section 155 of this Ordinance, and from the date of such apportionment until recovered such apportioned parts shall, subject and without prejudice to the rights of the Crown, be first charges upon the premises to which they shall have been apportioned and such charges may be enforced and the remedies conferred by this subsection may be exercised against the respective premises or against any movable property or crops for the time being found thereon notwithstanding any changes in the ownership or occupation of such premises.

Where any private street or any part thereof is in a dangerous or defective condition, the Director may, by notice in writing, require the owners of all premises abutting on such street and having access or right of access thereto from such premises to cause such street to be properly repaired and amended within such time as is stated in such notice and may in such notice specify the date before which such work shall be commenced.

If such owners fail to comply with the requirements of such notice, the Director may himself cause the work to be done and the owners shall pay to the Government the cost and expense thereof in such proportions as are settled by the Director, or, in case of dispute, as are settled in the manner hereinafter in section 152 of this Ordinance provided for the settlement of disputes respecting damages and expenses:Provided that if such owners fail to commence such work before the date specified under subsection (1) of this section the Director may in his discretion, notwithstanding that the period stated in the notice for the completion of the work has not yet expired, himself cause the work to be done and recover the cost and expense thereof in the manner provided in this subsection.

Notwithstanding the provisions of subsections (1) and (2) of this section the Director may, in his discretion and so far as the funds at his disposal will admit, execute at the expense of the Government such street works on any private street or any part thereof as may be deemed necessary for or conducive to the public safety, health, convenience or comfort:Provided that the execution of such street works at the expense of the Government shall not affect the liability of the owners of all premises abutting on such street and having access or right of access thereto from such premises under the provisions of subsections (1) and (2) of this section.

The Director may as respects any land which is in process of development or appears to him likely to be used for building purposes at an early date, prepare a scheme showing the streets, back-lanes and open spaces which he deems necessary to secure proper sanitary conditions, amenity and convenience in connection with the laying out and the use of such land and of any neighbouring lands.

Upon the completion of the preparation of such scheme, the Director shall —

Upon compliance with the foregoing provisions of this section with respect to the publication of an advertisement and the service of notices the Director shall apply to the Minister that an order may be made confirming such scheme.

The application shall be accompanied by a copy of the scheme, and shall state the names of the owners or reputed owners who have dissented from the scheme.

If on consideration of the application and on proof of the publication of the proper advertisements and the service of the proper notices the Minister thinks fit to proceed with the scheme, he may, after giving any person who has dissented from it and the Director an opportunity of being heard, in the case of the Director, by a person appointed by him or by counsel and, in the case of the person dissenting, either in person or by counsel, make an order declaring the limits of the area comprised in the scheme and authorising the scheme to be carried into execution.

Such order may be made either absolutely or with such conditions and modifications of the scheme as the Minister thinks fit.

The Minister at any time after any scheme has been authorised under subsection (5) of this section may modify such scheme or any part thereof on the application of either the owner of the land affected or the Director, after giving every owner or reputed owner of any property which in his opinion is affected by such modification and the Director an opportunity to be heard, as to the owners, in person or by counsel, and, as to the Director, by a person appointed by him or by counsel.

Any plan forming part of any scheme made under this section shall, for the purposes of section 51 of this Ordinance, have the same effect as a plan approved by the Chief Building Surveyor under that section:Provided that the duty imposed by subsection (5) thereof shall not attach to any person unless and until he submits a plan for the erection of a building on some part of the land comprised in the plan under section 51 of this Ordinance.

When any building or any part thereof within a regular line of street prescribed under the Planning Ordinance, 1959 (Ord. 12 of 1959), or the Singapore Improvement Ordinance (Cap. 259) or, prior to the 1st day of July 1927, prescribed under section 107 of the Municipal Ordinance (Cap. 133 (1936 Edition)) falls down or is burned down or is taken down the Director shall take possession of the portion of land within the regular line of the street theretofore occupied by the said building and, if necessary, clear the same.

If any land, whether open or enclosed, lies within the regular line of a public street and is not occupied by a house, or if a platform, verandah, step or some other structure external to a house abutting on a public street or a portion of a platform, verandah, step or other such structure is within the regular line of such street, the Director may, after giving to the owner of the land or building not less than seven clear days’ written notice of his intention so to do, take possession of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step or other structure as aforesaid or of the portion of the said platform, verandah, step or other structure as aforesaid and, if necessary, clear the same.

Land acquired under this section shall thenceforward be deemed a part of the public street and shall vest as such in the Government.

Compensation for all lands acquired by the Government under this section shall be ascertained in accordance with the provisions of the Land Acquisition Ordinance (Cap. 248) and any other written law for the time being in force governing the acquisition of land for public purposes, as if the same were acquired for a public purpose, the date on which the regular line of street was prescribed being substituted for the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance for the purpose of ascertaining the market value of the land.

Wherever there is a frontage to the public street vacant of houses to a depth of four feet or more, the Director may, by notice in writing, require the owner or owners of such vacant frontage or the owners of the several frontages making up the same forthwith to allow without compensation a footway of a width of seven feet or equal to the vacant depth of the frontage whichever is less, to be made for the use of the public along the said frontage, and, if necessary for this purpose, to set back any wall, fence, paling, hedge or other similar erection separating his or their land from the public street to a distance not exceeding seven feet from the edge of the street within three months from the date of the notice.

The cost of constructing and maintaining any footway proposed to be made under the powers given in this section, as well as the cost of setting back any such erection as aforesaid, shall be borne by the Government and the notice or notices required to be given shall contain an offer by the Government to pay the cost of carrying out such work.

The footway shall be made of such material and in such a manner as the Director may determine.

On receipt of the notice the owner or owners may either execute the work as regards their respective frontages or require the Director to do so, and, in the former case, if any owner fails to complete the work within the time specified in the notice, the Director may enter upon his land and carry out the work.

In every case where a footway is made under this section, the Director shall deliver to each owner of the land a plan showing the land taken for the footway with a declaration endorsed thereon under the hand of the Minister to the effect that the land has been taken under this section for use as a public footway, subject nevertheless to the right of each owner and his successors in title at any time to build in such manner and to such extent as he would have been entitled to build if the land had not been taken for use as a public footway.

The Director may cause such lamp-irons, lamp-posts or other lighting apparatus to be put up or fixed upon or against the walls or palisades of any building or enclosure, doing as little damage as is practicable thereto, or to be put up or erected in such other manner within any street, road or place as he deems proper and may cause such number of lamps of such sizes and sorts to be provided and affixed and put on such lamp-irons and lamp-posts as are necessary for lighting all or any of such streets, roads and places and cause the same to be lighted during such hours as are necessary.

The owner of every house or building shall, within twenty-one days after notice from the Director to that effect, put up and keep in good condition proper troughs, gutters and pipes for receiving and carrying the water from the roof and other part of such house or building and for discharging the same in such manner as the Director may direct so that it shall not fall upon persons passing along the street or enter any sewer.

If the notice is not complied with the Director at any time after the expiration of the time so specified may cause the work to be done and the cost and expenses of so doing shall be paid to the Government by the owner in default.

If the Director deems it necessary for the purposes of this Ordinance to raise, sink or otherwise alter the situation of any water-pipe, gas-pipe or other water-works or gas-works, electric lighting cable or main telegraph wire or other electric lighting apparatus or telegraph apparatus laid in any street, he may by notice in writing require the person to whom any such pipes, works, cables, mains or apparatus belong, or under whose control they are, to cause forthwith, or as soon as conveniently may be, any such pipes, works, cables, mains or apparatus to be raised, sunk or otherwise altered in position in such manner as he directs:Provided that such alteration is not such as permanently to injure such works, cables, mains or apparatus or to prevent the water or gas from flowing as freely and conveniently as before.

The expenses attending such raising, sinking or altering, and full compensation for the damage done thereby, shall be paid by the Government as well to the persons to whom such pipes, works, cables, mains or apparatus belong as to all other persons.

If any dispute arises touching the amount or apportionment of such compensation, the same shall be settled in the manner hereinafter provided.

If the roadway, drain or verandah-way in or adjoining any public street is injured by or in consequence of any excavation on land adjoining such roadway, drain or verandah-way, the Director may repair and make good the damage done.

All costs and charges arising therefrom shall be paid to the Government by the owner of the land on which the excavation has been made.

The Director may cause to be made and constructed and maintained sewage works and may also cause to be made such main or other sewers, as he may judge necessary and, if necessary, the Director may carry them through, across or under any street or any place laid out as or intended for a street or any cellar or vault which is under any street and, after reasonable notice in writing in that behalf into, through or under any enclosed or other lands whatsoever, doing as little damage as may be and making full compensation for any damage done.

If any dispute arises touching the amount or apportionment of compensation, the same shall be settled in the manner hereinafter in section 152 of this Ordinance provided.