Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court
51.—(1) Except as otherwise provided, in all cases where compensation, damages, fees, costs or expenses are provided under this Act to be paid, the amount and (if necessary) the apportionment of the amount and any question of liability is, in case of dispute, or failure to pay, to be summarily ascertained and determined by a Magistrate’s Court or, if the amount claimed exceeds the Magistrate’s Court limit, by a District Court.
(2) In any proceedings under subsection (1), the Magistrate’s Court or the District Court may —(a)
inquire whether those expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings;
(b)
make any order concerning the expenses or their apportionment that appears to the Court to be just; and
(c)
where those expenses were incurred under section 41(1)(b) by the Director‑General in carrying out any works specified in a notice, inquire whether any requirement specified in the notice was reasonable.
(3) The Magistrate’s Court or the District Court is not to order the expenses or any part of the expenses to be borne by any person other than the defendant in the proceedings unless the Court is satisfied that the other person has had due notice of the proceedings and an opportunity of being heard.
(4) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay it within 7 days after demand, that amount may be reported to a Magistrate’s Court or a District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or a District Court.
(5) An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or a District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals.[40/2019]
Fees, etc., payable to Agency
51A. All fees, charges, composition fines and moneys collected under this Act must be paid to the Agency.
Occupier may execute work where owner defaults in execution of work
52.—(1) Whenever an owner of any premises defaults in the execution of any work required under this Act to be executed by the owner, an occupier of the premises may, with the approval of the Director‑General, cause the work to be executed.
(2) The expense of the work executed under subsection (1) must be paid to the occupier by the owner of the premises or the amount may be deducted from the rent from time to time becoming due from the occupier to the owner.
(3) The occupier of the premises may, in the absence of any special agreement to the contrary, retain possession until the expense of the work executed under subsection (1) has been fully reimbursed to the occupier.
Recovery of costs and expenses payable by owners
53.—(1) All sums payable by or recoverable from an owner of any premises in respect of costs and expenses incurred by the Agency in connection with the execution of any work which are under this Act recoverable from an owner of any premises are, subject to and without affecting any other rights of the Agency, a first charge on the premises in respect of which the costs and expenses were incurred.
(2) In addition to any other remedies conferred by this Act, the sum may be recovered in the manner provided in this section, and the person or persons liable to pay are the owner or owners at the time when the work was completed.
(3) If the sum remains unpaid at the expiry of the prescribed time, a notice must be served upon the person or any one of the persons (if more than one) liable to pay it, calling on the person or persons to pay that sum together with a fee of any amount that may be prescribed for the cost of the notice, within 15 days of the date the notice is served.
(4) Without affecting section 66, if no person liable to pay the sum can be found, such notice is deemed to have been duly served —(a)
by posting the notice at the office of the Director‑General; and
(b)
by fixing a copy of the notice on some conspicuous part of the premises in respect of which the costs and expenses were incurred.
(5) At the expiry of the period of 15 days or any further period that the Director‑General may allow, if the sum or part of the sum remains due and unpaid, it is deemed to be arrears and may be recovered as provided in section 55.
(6) The charge mentioned in subsection (1) attaches, and the powers and remedies conferred by subsections (2) to (5) become exercisable, as from the date the work is completed.
(7) Despite any change in the ownership or occupation of the premises after the work is completed, the charge and the powers and remedies mentioned in subsection (6) may be exercised against the premises or against any movable property or crops for the time being found thereon.
(8) An occupier who, when requested by or on behalf of the Director‑General to state the name of the owner of the premises, refuses or wilfully omits to disclose or wilfully misstates the name shall, unless the occupier shows cause to the satisfaction of the court for the occupier’s refusal or misstatement, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Recovery of costs and expenses by instalments
54.—(1) When the Director-General has incurred costs and expenses in or about the execution of any work, which are, under this Act, payable by or recoverable from an owner, the Director‑General may —(a)
recover those costs and expenses in the manner provided in section 53; or
(b)
if he or she thinks fit, make an arrangement with the owner for the payment of any instalments that will be sufficient to defray the whole amount of the costs and expenses with interest thereon at the prescribed rate, within a period not exceeding 10 years.
(2) Upon default in payment of any instalment or interest upon the date appointed for payment thereof by the arrangement, the whole of the balance then outstanding of that amount, together with any interest in arrears, immediately become due and payable and, despite any change in the ownership or occupation of the premises since the date of the arrangement, may be recovered as provided in section 53.
Proceedings for recovery of arrears
55.—(1) For the recovery of arrears, the Director‑General has and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Act, the following powers:(a)
the Director-General may issue a warrant of attachment and may seize by virtue of the warrant any movable property and crops of any person liable to pay the arrears and may also seize any movable property or crops (to whomever it belongs) which are found on the premises in respect of which the arrears are due and may, after service of the prescribed notice, sell the same by public auction in the prescribed manner;
(b)
the Director-General may, by notice of sale to be served or published in the prescribed manner, declare his or her intention to sell, at the expiry of 3 months from the date of the notice of sale, the premises in respect of which the arrears are due and, if, at the expiry of that period, the arrears have not been paid or satisfied, the Director‑General may sell by public auction, in lots or otherwise, the whole of the premises or any portion of the premises or any interest in the premises as he or she considers sufficient for the recovery of the arrears and costs.
(2) The Director-General must not proceed under subsection (1)(b) to sell the premises in respect of which the arrears are due, or any portion of the premises or interest in the premises, where there is or are upon the premises and liable to be seized and sold under subsection (1)(a) any movable property or crops belonging to the owner of a value estimated by the Director‑General to be sufficient to realise the sum required to satisfy the arrears and costs.
(3) Any tenant, subtenant or occupier (A) who, in order to avoid the seizure or sale of A’s property for arrears payable by the owner of the premises, pays the arrears and costs may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by A from the rent due or to become due by A to A’s immediate landlord on account of the premises or any part of the premises that is held or occupied by A, and may retain possession until that amount has been fully reimbursed to A whether by deduction from the rent or otherwise.
(4) Any tenant or subtenant who has reimbursed, whether by allowing a deduction from the tenant’s or subtenant’s rent or otherwise, any subtenant or occupier holding or occupying under the tenant or subtenant the amount so paid by that subtenant or occupier has a similar right to deduct the amount from the rent due or to become due to the tenant’s or subtenant’s immediate landlord and to retain possession until similarly reimbursed.
(5) The receipt by any authorised officer of any amount so paid by any such tenant, subtenant or occupier is deemed an acquittance in full for the like amount of rent.
(6) If any premises in respect of which arrears are due, or any movable property or crops that are mentioned in subsection (1) or the proceeds of sale thereof are already in the custody of the law under or pursuant to any enforcement order whereby the Director‑General is unable to exercise the remedies conferred under subsections (1) to (5), the Director‑General —(a)
may notify the Sheriff or the bailiff of the court concerned of the amount of the arrears; and
(b)
is entitled without obtaining a judgment to be paid that amount out of the proceeds of sale of the premises or property in priority to the judgment debtor and to the judgment creditor and to any other creditor except the Government.[Act 25 of 2021 wef 01/04/2022]
(7) A certificate from the Director‑General is, unless it is disputed by the judgment debtor, conclusive evidence of the amount of such arrears, and (in case of dispute) the amount is to be summarily determined by a Magistrate’s Court.
(8) Where any premises which is not registered land is sold under subsection (1)(b), the Director‑General has the power to execute the conveyance and the purchaser of the premises need not be concerned to inquire whether the provisions of this Act relating to the sale and the conveyance have been complied with nor otherwise to inquire into the regularity or validity of the sale and conveyance.
(9) Section 144 of the Land Titles Act 1993 applies, with the necessary modifications, to any premises sold under subsection (1)(b) which is registered land.
Attachment
56.—(1) The attachment mentioned in section 55(1)(a) may be made by a person appointed for the purpose by the Director‑General who must give public notice of the attachment in the prescribed manner and must take an inventory of the property attached.
(2) A person appointed under subsection (1) is deemed to be a public servant for the purposes of the Penal Code 1871.
(3) Such a person may break open in the daytime any house or building for the purpose of effecting the attachment.
Application of proceeds of sale
57.—(1) The proceeds of a sale under section 55(1) and (2) must be applied firstly in satisfaction of the arrears together with interest on the arrears at the prescribed rate and costs.
(2) Where there is any surplus remaining, the Director‑General must —(a)
if satisfied as to the right of any person claiming the surplus — pay the amount of the surplus to that person; or
(b)
if not so satisfied — hold the amount in trust for the person who may ultimately succeed in due course of law in establishing the person’s title to the surplus.
(3) If no title is established to the surplus within a period of 5 years from the date of the sale, it must be paid into the Consolidated Fund.
Title acquired by purchaser at sale by Director-General
58.—(1) The purchaser at a sale held under section 55(1)(b) is deemed to have acquired the right offered for sale free from all encumbrances created over it and from all subordinate interests derived from it except any that are expressly reserved by the Director‑General at the time of sale.
(2) The Director-General must notify, by an advertisement published in the Gazette, the result of the sale and the conveyance to the purchaser of the property or right offered for sale.
Costs of proceedings for recovery of arrears
59. All costs of any proceedings for the recovery of arrears may be recovered as if they formed part of the arrears.
Power to stop sale
60. If any person having any interest in any property liable to be sold at any time before that sale tenders to the Director‑General the arrears with interest and costs, the Director‑General must then desist from all further proceedings in respect of the sale.
Application to Court
61.—(1) If any person whose movable property, crop or land has been attached or offered for sale disputes the attachment or sale, the person may apply to the General Division of the High Court or, where the arrears do not exceed the District Court’s limit, to a District Court for an order to stay the proceedings.[40/2019]
(2) The General Division of the High Court or District Court, after hearing the Director‑General and making any further inquiry that is necessary, may make any order that is just.[40/2019]
Security for payment of arrears
62. No application may be entertained by the General Division of the High Court or District Court under section 61 unless the applicant has deposited in court the amount of the arrears and costs or furnished security for them to the satisfaction of the General Division of the High Court or District Court.[40/2019]
Liability of transferor who has not given notice
63.—(1) Every person who sells or transfers any property in respect of which costs and expenses have been incurred by the Agency in connection with the execution of any work which are, under this Act, recoverable from the owner or owners thereof continues to be liable —(a)
for the payment of all the costs and expenses payable in respect of the property; and
(b)
for the performance of all other obligations imposed by this Act upon the owner of the property,
which become payable or are to be performed at any time before such notice of transfer as is required by section 19 of the Property Tax Act 1960 has been given.
(2) Nothing in subsection (1) affects the liability of the purchaser or transferee to pay such costs and expenses in respect of the property or affects the right of the Director‑General to recover such costs and expenses or to enforce any obligation under this Act.
Proceedings where occupier opposes execution of work
64.—(1) If the occupier of any premises prevents the owner of the premises from carrying into effect in respect of the premises any of the provisions of this Act after the owner has given notice of the owner’s intention to do so to that occupier, a Magistrate’s Court, upon proof of the notice and upon application by the owner, may —(a)
make a written order, requiring the occupier to permit the owner to execute all works with respect to the premises that are necessary for carrying into effect the provisions of this Act; and
(b)
if it thinks fit, order the occupier to pay to the owner the costs relating to the application or order.
(2) If after the expiry of 8 days from the date of the order the occupier continues to refuse to permit the owner to execute the works, the occupier shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day or part of a day during which the occupier so continues to refuse.
(3) Every such owner is, during the continuance of such refusal, discharged from any penalty to which the owner might otherwise have become liable by reason of the owner’s default in executing the works.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
