Functions and duties of Board
Open ↗12. Subject to the provisions of this Act, the functions and duties of the Board are —(a)
to prepare and execute proposals, plans and projects for —(i)
the erection, conversion, improvement and extension of any building for sale, lease, rental or other purpose;
(ii)
the clearance and redevelopment of slum and urban areas;
(iii)
the development or redevelopment of areas designated by the Minister;
(iv)
the development of rural or agricultural areas for the resettlement of persons displaced by operations of the Board or other resettlement projects approved by the Minister;
(b)
to manage all lands, houses and buildings or other property vested in or belonging to the Board;
(c)
to carry out all investigations and the surveys necessary for the performance of the functions and duties of the Board;
(d)
to provide loans, with the Minister’s approval, to enable persons to purchase —(i)
any developed land or any housing accommodation sold under Part 4B; or
(ii)
any other land belonging to the Board for which planning permission to develop has been obtained under the Planning Act 1998,
or any part thereof upon a mortgage of that land;
(e)
to provide technical and consultancy services within or outside Singapore, in respect of matters within its expertise acquired in the exercise of its functions under this Act, and to act as an agent for the Government or, with the Minister’s approval, as an agent for another public authority in the provision of such services;
(f)
to exercise such powers and perform such duties as may from time to time be conferred on or delegated to the Board by or under the provisions of any written law; and
(g)
to do all such other matters and things as are necessary for the exercise or performance of all or any of the functions and duties of the Board.[13
[29/2005; 18/2010]
Symbol or representation of Board
Open ↗13.—(1) The Board has the exclusive right to the use of such symbol or representation as the Board may select or devise and thereafter display or exhibit in connection with its activities or affairs.
(2) Any person who uses a symbol or representation identical with that of the Board, or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.[13A
Use of name, etc., of Board
Open ↗14.—(1) The Board may conduct its operations under its full name or under the acronym HDB.
(2) A person other than the Board must not —(a)
use in connection with a business, trade, profession or occupation;
(b)
use as the name, or as part of the name, of any firm, body corporate or institution; or
(c)
use in relation to —(i)
services or products; or
(ii)
the promotion, by any means, of the supply of services or products,
the name of the Board or the acronym HDB, or a name or acronym so closely resembling the name of the Board or the acronym HDB, as to be likely to be mistaken for it.
(3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.[13B
Power to vary rate of interest payable under mortgage
Open ↗15.—(1) Where loans are provided by the Board for the purchase of any property upon a mortgage of that property to the Board, whether the mortgage was entered into before or after 5 September 1986, the Board has the power, despite anything contained in the mortgage document, to vary the rate of interest payable under the mortgage upon giving the mortgagor one month’s notice of the Board’s intention to do so.
(2) Any notice under subsection (1) must be in writing and is deemed to be sufficiently served on the mortgagor if sent by ordinary post to the mortgagor at the address of the mortgaged property and is deemed to be served on the mortgagor at the time when the letter would, in the ordinary course of post, be delivered.[14
Power to incorporate private companies
Open ↗16.—(1) The Board may, with the Minister’s approval, form or participate in the formation of any private company (called in this section the company) having such object as the Minister may approve.
(2) Despite the provisions of any written law for the time being in force relating to companies, there must be registered with the memorandum of association of the company articles of association prescribing regulations for the company.
(3) The articles of association of the company must contain, among other things, such provisions relating to —(a)
the capital and share structure of the company;
(b)
the qualification, appointment, remuneration, powers and proceedings of directors;
(c)
dividends and reserve funds; and
(d)
the winding up of the company,
as the Minister may direct, and must also provide that the employees of the Board that are transferred to the company are to enjoy salaries and conditions of service as near as may be to those on which they were employed by the Board.
(4) The Board may, with the Minister’s written approval, grant loans to any company in which the Board holds any shares.[15
Gifts
Open ↗17. The Board may accept gifts, legacies or donations and apply them for any of its functions or duties.[16
Additional functions of Board
Open ↗18. In addition to the functions and duties imposed by this Act, the Board may undertake such other functions as the Minister may assign to the Board and, in so doing, the Board is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Board in respect of those functions.[17
Directions by Minister
Open ↗19.—(1) The Minister may, after consulting the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.[5/2018]
(2) The Board must provide the Minister with such information with respect to its property and activities as the Minister may require.[18
Submission of proposals, plans and projects by Board
Open ↗20.—(1) The Board must from time to time prepare and submit to the Minister proposals, plans and projects showing the nature of the work proposed to be executed and other steps proposed to be undertaken by the Board under sections 12, 18 and 19.
(2) The Minister may reject or approve any such proposal, plan or project or any part thereof either without modification or subject to such modification as he or she may think fit.
(3) Every such proposal, plan or project submitted by the Board under this section must be in such form and contain such particulars as the Minister may direct.[19
Contracts
Open ↗21.—(1) The Board may, in accordance with standing orders made under this Act, enter into such contracts as are necessary for the discharge of its functions and duties.
(2) In the case of contracts for the supply of goods or materials or for the execution of works, the standing orders must —(a)
require that, except as otherwise therein provided, notice of the intention to enter into such contracts must be published and tenders invited; and
(b)
regulate the manner in which the notice must be published and tenders invited.
(3) A person entering into a contract with the Board is not bound to inquire whether the standing orders have been complied with and all such contracts, if otherwise valid, have full force and effect even though the standing orders applicable to those contracts have not been complied with.[20
Protection of Board and employees from personal liability
Open ↗22. No matter or thing done and no contract entered into by the Board and no matter or thing done by any member or by any employee of the Board or other person whomsoever acting under the direction of the Board shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of carrying out the provisions of this Act, subject them or any of them personally to any action, liability, claim or demand whatsoever.[21
Power of Board to enter into agreements
Open ↗23. It is lawful for the Board to make and carry into effect any agreement whereby the Board undertakes to act as agent for the Government or any public authority in the erection of houses or other buildings, the carrying out of repairs, the collection of rents, in relation to any other services in connection with housing or buildings ancillary thereto or, with the Minister’s approval, in relation to any services not connected with housing or buildings ancillary thereto.[22
Power in respect of intellectual property rights
Open ↗24. The Board may create, develop, apply for, acquire and hold intellectual property rights and enter into agreements (whether in Singapore or elsewhere) for the sale, licensing or commercial application of such rights, on its own or in conjunction with other persons.[22A
[18/2010]
Board may make ex gratia payments
Open ↗25. The Board may, with the Minister’s approval, make an ex gratia payment to any person sustaining any damage by reason of the exercise of any of the powers vested in the Board or its employees under and by virtue of this Act.[23
Power to purchase, sell, lease and exchange lands, etc.
Open ↗26.—(1) The Board may, with the Minister’s approval, purchase or lease any land required for any of the purposes of this Act.
(2) The Board may, with the approval of the prescribed approving authority (except for monthly leases), sell, surrender, lease or exchange any land or building belonging to the Board, either in block or in parcels as may be found most convenient or advantageous.
(3) Subject to section 37, the Board may lease from month to month any land or building belonging to the Board at such rent and upon such terms and conditions as the Board thinks fit.[24
Compulsory acquisition of property before 15 April 1983 not to be called in question
Open ↗27.—(1) Despite the repeal of section 25 by the Housing and Development (Amendment) Act 1989, no compulsory acquisition of any immovable property before 15 April 1983 may be called in question in any court on the ground that the acquisition was not in compliance with the repealed section as in force before that date.
(2) Any action or proceedings pending after 15 April 1983 in any court in respect of any matter to which subsection (1) applies is to be dismissed on application by any party, and the court may make such order as to costs as it thinks fit.[26
Power to enter upon notice or under warrant
Open ↗28.—(1) The Board may, by one or more of its officers or persons authorised by the Board (called in this section an authorised officer and authorised person, respectively), enter any premises at any reasonable time, on giving 24 hours’ notice of its intention to do so to the owner or occupier of the premises, to do either or both of the following:(a)
investigate whether any urgent repairs or works are required to be carried out in the premises;
(b)
carry out the urgent repairs or works.[13/2015]
(2) There must be at least one authorised officer present in the premises at all times during the conduct of any investigation or carrying out of any urgent repairs or works under subsection (1) in those premises.[13/2015]
(3) Before entering the premises under subsection (1), an authorised officer must produce, if so required —(a)
his or her original identity card or such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and
(b)
some duly authenticated document showing his or her authority.[13/2015]
(4) If it is shown to the satisfaction of a Magistrate on sworn information in writing that there is reasonable ground for entry into the premises for either or both of the purposes specified in subsection (1) and —(a)
that entry into the premises has been refused, or that refusal is apprehended; or
(b)
that the premises are unoccupied or the owner or occupier is temporarily absent,
the Magistrate may by warrant authorise the Board by one or more authorised officers or authorised persons to enter the premises forcibly, if necessary.
[13/2015]
(5) The warrant continues in force until the purpose for which the entry is necessary has been satisfied.[13/2015]
(6) There must be at least one authorised officer present in the premises at all times during the execution of the warrant.[13/2015]
(7) If the owner or occupier is present when an authorised officer or authorised person seeks to execute the warrant, the authorised officer must —(a)
identify himself or herself to the owner or occupier;
(b)
show the owner or occupier —(i)
his or her original identity card or such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and
(ii)
some duly authenticated document showing his or her authority;
(c)
show the owner or occupier the warrant; and
(d)
if required, give the owner or occupier a copy of the warrant.[13/2015]
(8) If the owner or occupier is not present when entry under subsection (7) is sought, but some other person who appears to be in charge of the premises is present, then subsection (7) applies to that other person as if he or she were the owner or occupier.[13/2015]
(9) An authorised officer or authorised person entering the premises under a warrant issued under subsection (4) may do all or any of the following:(a)
break open any outer or inner door or window leading to the premises;
(b)
forcibly enter the premises and every part of the premises;
(c)
remove by force any obstruction to the entry.[13/2015]
(10) An authorised officer or authorised person entering the premises under subsection (1), or under a warrant issued under subsection (4), may do either or both of the following:(a)
take with him or her such other persons as may be necessary;
(b)
remove or demolish any fixtures or fittings in the premises if the removal or demolition is necessary for the conduct of any investigation or carrying out of any urgent repairs or works under this section.[13/2015]
(11) If the premises are unoccupied at the time of entry, the authorised officer or authorised person must leave the premises as effectually secured against trespassers as he or she found the premises.[13/2015]
(12) Subject to subsection (11), the Board is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (10)(b).[13/2015]
(13) Where the Board has carried out any repairs or works in the premises under this section, the Board may recover from the owner, as a debt due to the Board, the costs incurred by the Board in respect of the repairs or works.[13/2015]
(14) The Board must serve a written notice on the owner requiring payment of the costs recoverable under subsection (13), and the owner must make payment within one month after the date of the written notice or within such other period as the Board may specify in the written notice.[13/2015]
(15) In this section and section 29, “premises” means any flat, house or other building sold, leased or rented out by the Board under this Act.[26A
[13/2015]
Power to enter without notice or warrant
Open ↗29.—(1) If there are reasonable grounds to believe in respect of any premises that there is an imminent danger which affects public safety or public health, the Board may, by one or more of its officers or persons authorised by the Board (called in this section an authorised officer and authorised person, respectively), enter the premises without warrant to do either or both of the following:(a)
investigate whether any urgent repairs or works are required to be carried out in the premises to remove or prevent that danger;
(b)
carry out the urgent repairs or works.[13/2015]
(2) There must be at least one authorised officer present in the premises at all times during the conduct of any investigation or carrying out of any urgent repairs or works under subsection (1) in those premises.[13/2015]
(3) If the owner or occupier of the premises is present when an authorised officer or authorised person seeks to enter the premises, the authorised officer must show the owner or occupier —(a)
such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and
(b)
some duly authenticated document showing his or her authority.[13/2015]
(4) If the owner or occupier is not present when entry under subsection (3) is sought, but some other person who appears to be in charge of the premises is present, then subsection (3) applies to that other person as if he or she were the owner or occupier.[13/2015]
(5) An authorised officer or authorised person entering the premises under this section may do all or any of the following:(a)
take with him or her such other persons as may be necessary;
(b)
break open any outer or inner door or window leading to the premises;
(c)
forcibly enter the premises and every part of the premises;
(d)
remove by force any obstruction to the entry;
(e)
remove or demolish any fixtures or fittings in the premises if the removal or demolition is necessary for the conduct of any investigation or carrying out of any urgent repairs or works under this section.[13/2015]
(6) If the premises are unoccupied at the time of entry, the authorised officer or authorised person must leave the premises as effectually secured against trespassers as he or she found the premises.[13/2015]
(7) Subject to subsection (6), the Board is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (5)(e).[13/2015]
(8) Where the Board has carried out any repairs or works in the premises under this section, the Board may recover from the owner, as a debt due to the Board, the costs incurred by the Board in respect of the repairs or works.[13/2015]
(9) The Board must serve a written notice on the owner requiring payment of the costs recoverable under subsection (8), and the owner must make payment within one month after the date of the written notice or within such other period as the Board may specify in the written notice.[26B
[13/2015]
Financial penalties
Open ↗30.—(1) Any financial penalty imposed on any person under this Act or any rules made under this Act must be paid to the Board and is recoverable by the Board as a debt due to the Board from that person.[13/2015]
(2) Where a financial penalty is imposed on a person in relation to a licence or lease, the person’s liability to pay is not affected by the licence or lease ceasing, for any reason, to be in force.[13/2015]
(3) The Board may, in any case it thinks fit, remit or refund, wholly or in part, any financial penalty payable under this Act or any rules made under this Act.[13/2015]
(4) The power of the Board to impose a financial penalty under this Act or any rules made under this Act is exercisable only if the contravention in respect of which the financial penalty is imposed is not an offence under this Act or any of those rules.[26C
[13/2015]
Power to make rules
Open ↗31.—(1) The Board may, with the approval of the Minister, make rules prescribing anything that is to be prescribed and generally for carrying out the provisions of this Act.
(2) Without limiting subsection (1), the Board may, with the approval of the Minister, make rules for or in respect of all or any of the following matters:(a)
regulating the use and enjoyment of common property and open spaces in any land vested in or held in trust for the Board;
(b)
prohibiting or regulating the parking of vehicles on such common property or in such open spaces other than parking places;
(c)
regulating the carrying out of any renovation in any flat, house or other building sold under this Act;
(d)
prescribing the form or forms of the contract or agreement that must be used by every owner of any such flat, house or other building and a purchaser other than the Board;
(e)
prescribing the conditions which, if used in any contract or agreement between any owner of any such flat, house or other building and a purchaser other than the Board, are void;
(f)
prescribing that any act or omission in contravention of any rule (except a rule made under paragraph (c)) shall be an offence punishable by a fine not exceeding $5,000;
(g)
prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Board and be recoverable as such) to be paid by the Board’s tenant or licensee, an owner of any flat, house or other living accommodation sold by the Board or an owner of any HUDC dwelling for late payment of any of the following moneys due to the Board:(i)
rent;
(ii)
licence fees;
(iii)
maintenance fees;
(iv)
moneys due under any loan provided to such owner for the owner’s purchase of such HUDC dwelling, flat, house or other living accommodation;
(h)
prescribing the financial penalty (not exceeding $5,000) to be paid by the person who leases a flat from the Board, for non‑observance or non‑compliance with any of the restrictions, conditions or requirements of the lease;
(i)
prescribing a right to appeal to the Minister (whose decision is to be final) against any financial penalty imposed under this Act or any rules made under this Act and the appeal procedures;[18/2010; 13/2015]
[Act 15 of 2026 wef 01/07/2026]
(j)
prescribing the fees or charges to be paid to the Board in respect of anything done by or on behalf of the Board under this Act or any rules made under this Act.[Act 15 of 2026 wef 01/07/2026]
(2A) Any rules made under subsection (2)(b) may provide, in respect of any vehicle that is unlawfully parked or abandoned in contravention of those rules, for —(a)
the immobilisation, removal, detention or storage of the vehicle;
(b)
the conditions, including the payment of expenses and prescribed charges, for the release or return of the vehicle; and
(c)
the sale or disposal, or authorisation of the sale or disposal, of the vehicle by the Board, the passing of title of the vehicle on such sale or disposal and the application of the proceeds of sale, if any.[Act 15 of 2026 wef 15/07/2026]
(3) Any rules made under subsection (2)(c) may prescribe —(a)
the procedure and fees relating to the application by and grant of a licence to a lessee or contractor to carry out any renovation in any such flat, house or other building;
(b)
the conditions of any such licence;
(c)
the deposit of security to the satisfaction of the Board for the due performance of all or any of the obligations imposed on the licensee by the licence or by this Act;
(d)
the power of the Board to forfeit (in part or in whole) the security deposited by a licensee under any rule made under paragraph (c) for any contravention of any obligation imposed on the licensee by the licence or by this Act;
(e)
the procedure for cancelling or suspending any such licence or forfeiting any such deposit of security, including a right of appeal to the Minister (whose decision is to be final) against any such proposed cancellation, suspension or forfeiture;
(f)
the power of the Board to impose a financial penalty not exceeding $10,000 on a licensee for contravention of any licence condition; and
(g)
that any act or omission in contravention of any rule made under subsection (2)(c) shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both.[13/2015]
(3A) Any rules made under subsection (2)(i) may prescribe —(a)
that the Minister may designate the Second Minister (if any) for his or her Ministry to hear and determine, in the Minister’s place, any appeal or a specific appeal; and
(b)
that a reference to the Minister in any such rules includes a reference to the Second Minister so designated.[Act 19 of 2025 wef 05/12/2025]
(4) Where any financial penalty is imposed under any rule made under subsection (3)(f) on a licensee for contravening any licence condition, any security deposited by the licensee in respect of that licence under any rule made under subsection (3)(c) is not to be forfeited under any rule made under subsection (3)(d) for that contravention except to the extent to pay the financial penalty.[13/2015]
(5) Any reference to a licence in subsections (3) and (4) includes a reference to a permit or a registration scheme authorising the carrying out of any renovation in any flat, house or other building sold under this Act.[13/2015]
(6) All rules made under the provisions of this Act must be presented to Parliament as soon as possible after publication in the Gazette.[27
Powers of composition
Open ↗32.—(1) The Board or any officer of the Board who is authorised by the Board in that behalf may, in its or his or her discretion, compound any offence under this Act or any rules made under section 31 which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence —(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
a sum not exceeding $5,000,
whichever is the lower.
[29/2005; 13/2015]
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.[29/2005]
(3) The Board may, with the approval of the Minister, make rules prescribing the offences which may be compounded and the method and procedure by which the offences may be compounded.
(4) All sums of money received for the composition of offences under this section must be paid into the Consolidated Fund.[27A
[13/2015]
Liability of owners of vehicles for parking offences
Open ↗33.—(1) When a parking offence is committed, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under the rules made under section 31 in all respects as if the person were the actual offender guilty of the parking offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
(2) Nothing in this section affects the liability of the actual offender except that, where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation to the parking offence.[28/89]
(3) Despite subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if the owner —(a)
within 7 days after service on the owner of a notice alleging that the owner has been guilty of the offence, provides by statutory declaration to the Board the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned;
(b)
satisfies the Board that the owner did not know and could not with reasonable diligence have ascertained such name and address; or
(c)
satisfies the court that the owner did not know and could not with reasonable diligence have ascertained such name and address.
(4) A statutory declaration made under subsection (3)(a) if produced in any proceedings against the person named in the statutory declaration and in respect of the parking offence concerned is prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence.
(5) A statutory declaration which relates to more than one parking offence is not to be regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).
(6) In this section —“owner”, in relation to a vehicle, includes —(a)
every person who is the joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the owner under any such agreement;
(b)
the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to the person in regard to the sale or disposal; and
(c)
in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act 1961, the person to whom the general licence is issued;
“parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any rules made under section 31.[27B
Power to make standing orders
Open ↗34. The Board may, with the approval of the Minister, and subject to the Public Sector (Governance) Act 2018, make standing orders providing for any matter in regard to which standing orders may be made under this Act and, in particular, for the following:(a)
the method of entering into contracts by or on behalf of the Board;
(b)
the delegation of powers to officers of the Board;
(c)
the opening, keeping, closing and internal audit of accounts of the Board;
(d)
the conduct and discipline of officers of the Board;
(e)
loans and allowances or gratuities to officers of the Board;
(f)
housing accommodation for officers of the Board;
(g)
the professional and technical training of officers of the Board.[28
[5/2018]
Appointment of committees and delegation of powers
Open ↗35.—(1) The Board may appoint from among its own members or other persons who are not members any number of committees consisting of members or other persons, or members and other persons, for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees.
(2) The Board may, subject to any conditions or restrictions that it may impose, delegate to any such committee or the Chairperson or the Chief Executive Officer one or more of the functions, duties and powers by this Act vested in the Board, except the power to borrow money.[5/2018]
(3) Any function, duty or power delegated under subsection (2) may be exercised or performed by such committee or the Chairperson or the Chief Executive Officer (as the case may be) in the name and on behalf of the Board.
(4) The Board may, subject to any conditions or restrictions that it may impose, delegate to an employee of the Board one or more of the Board’s functions, duties and powers by this Act vested in the Board, except the power to borrow money or to raise or grant loans or advances to or subscribe to stocks, shares, bonds or debentures of a company or corporation.[5/2018]
(5) A function, duty or power delegated under subsection (4) may be exercised or performed by the employee in the name and on behalf of the Board.
(6) Subject to the approval of the Minister, the Board may delegate to —(a)
any Town Council established under section 4 of the Town Councils Act 1988;
(b)
any member of the Town Council;
(c)
any member of any committee of the Town Council appointed under section 45 of the Town Councils Act 1988; or
(d)
any employee or agent of the Town Council,
one or more of the Board’s powers under any rules made under section 31, subject to such conditions or restrictions as the Board may specify.
(7) Any power so delegated under subsection (6) may be exercised by such Town Council, member, employee or agent in the name and on behalf of the Board.[29
Conformity with Master Plan
Open ↗36. The Board must, in all housing and development projects, act in conformity with the Master Plan.[30
Power to fix and vary rent, licence fees and maintenance fees
Open ↗37.—(1) The Board may from time to time with the approval of the Minister fix the amount of —(a)
rent and licence fees payable in respect of any property provided under this Act which is subject to a tenancy or licence agreement; and
(b)
maintenance fees payable in respect of any property provided under this Act.
(2) Despite anything contained in any tenancy or licence agreement or sale and purchase agreement in respect of any property provided under this Act, the Board has the power to vary, with the approval of the Minister, the rent, licence fees or maintenance fees fixed under subsection (1).
(3) Any variation in the rent, licence fees or maintenance fees made under subsection (2) must be published in the Gazette and takes effect on such date as may be specified therein.[31
Transfer to Board of undertakings and assets of Singapore Improvement Trust
Open ↗38.—(1) As from 1 February 1960, the undertakings of the Singapore Improvement Trust are, except as provided in the Planning Act (Cap. 232, 1990 Revised Edition), transferred to and vest in the Board without further assurance.
(2) Without limiting subsection (1), that transfer includes —(a)
all lands, buildings and other property, movable or immovable, and all assets, powers, rights and privileges held or enjoyed by the Singapore Improvement Trust in connection therewith, or appertaining thereto;
(b)
all rights and interests of the Singapore Improvement Trust in any other undertaking; and
(c)
all liabilities and obligations of the Singapore Improvement Trust.[32
Transfer of properties, liabilities and obligations, etc.
Open ↗39.—(1) On 1 May 1982, all the estates and interests of —(a)
the Housing and Urban Development Company in the lands described in the First Schedule; and
(b)
the Jurong Town Corporation in the lands described in the Second Schedule,
vest in the Board without further assurance subject to the same conditions of tenure incident thereto and to any subsisting encumbrances.
(2) The Board has the power to execute any instrument under the Land Titles Act 1993, disposing of or creating an interest in any of the lands so vested in the Board (called in this Act transferred properties).
(3) On 1 May 1982, any land described in the Second Schedule which immediately before that date was held in trust for the Jurong Town Corporation is to be held upon the same trust for the Board.
(4) Without limiting subsection (1), on 1 May 1982, all the rights and liabilities of the Housing and Urban Development Company or the Jurong Town Corporation in connection with or pertaining to the transferred properties are transferred to the Board.
(5) All proceedings in respect of the transferred properties by or against the Housing and Urban Development Company or the Jurong Town Corporation which are pending on 1 May 1982 may be continued, completed and enforced by or against the Board.
(6) Every agreement relating to any of the transferred properties to which the Housing and Urban Development Company or the Jurong Town Corporation was a party immediately before 1 May 1982, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if —(a)
the Board had been a party to the agreement; and
(b)
for any reference to the Housing and Urban Development Company or the Jurong Town Corporation there were substituted in respect of anything to be done on or after 1 May 1982 a reference to the Board.
(7) Any flat, house or other living accommodation which has been built on any land vested in the Board under subsection (1)(b) and which has been sold by the Jurong Town Corporation under Part IV of the Jurong Town Corporation Act 1968 as in force before 1 January 2018 is deemed to be a flat, house or other living accommodation sold by the Board under Part 4 of this Act.[34/2017]
(8) In all applications made to and registered with the Jurong Town Corporation prior to 1 May 1982 for the purchase of any flat, house or other living accommodation mentioned in subsection (7), any reference to the Jurong Town Corporation is to be read as if it were a reference to the Board.[33
Payment of compensation for transferred properties
Open ↗40.—(1) The Board must pay to —(a)
the Housing and Urban Development Company for the estates and interests in the lands vested in the Board under section 39(1)(a) such compensation as may be agreed between the Board and the Housing and Urban Development Company; and
(b)
the Jurong Town Corporation for the estates and interests in the lands vested in the Board under section 39(1)(b) such compensation as may be agreed between the Board and the Jurong Town Corporation.
(2) Any dispute between the Board and the Housing and Urban Development Company or the Jurong Town Corporation as to the compensation to be paid under subsection (1) must be referred to an arbitrator to be appointed by the Minister and the decision of the arbitrator is final and binding on the parties.[34
HUDC dwellings
Open ↗41. All dwellings erected before or after 1 May 1982 on those lands which immediately prior to that date were vested in the Housing and Urban Development Company and are vested in the Board under section 39(1)(a) are to be known as HUDC dwellings after that date.[35
Transfer of rights and obligations relating to applications for HUDC dwellings
Open ↗42.—(1) Subject to this section, on and after 1 May 1982, all the rights and obligations of the Housing and Urban Development Company with respect to the sale of its dwellings (called in this Act HUDC dwellings) are transferred to the Board.
(2) In all applications made to and registered with the Housing and Urban Development Company prior to 1 May 1982 for the purchase of HUDC dwellings, any reference to the Housing and Urban Development Company is to be read as if it were a reference to the Board.
(3) The Board has power to vary the terms and conditions of any application made by an applicant and registered with the Housing and Urban Development Company prior to 1 May 1982 for the sale and purchase of a HUDC dwelling after that date.
(4) Where an applicant refuses or fails to accept the terms and conditions as varied by the Board under subsection (3), the Board may cancel the applicant’s application and refund the registration fee paid to the applicant.
(5) No proceedings shall be instituted in any court by the applicant against the Board to recover any loss suffered, directly or indirectly, by the applicant arising out of or caused by the cancellation of the applicant’s application under subsection (4).[36
Charge on immovable property of Board
Open ↗43.—(1) The Government is deemed to have a first charge, unless the Minister otherwise directs, on all immovable property at any time vested in or acquired by the Board to secure all moneys from time to time owing by the Board to the Government or lent by the Government to the Board.
(2) Subject to subsection (1) and excepting only such charges, and mortgages as were created, or made by the Board with the Minister’s approval before the moneys became owing to or were advanced by the Government, that charge has priority over all other charges and mortgages.
(3) The President by virtue of that charge may, at any time, so long as there are moneys owing by the Board to the Government —(a)
sell the whole or any part of the immovable property of the Board, either by public auction or private contract, and on the sale execute a conveyance of the immovable property sold, which conveyance vests, without the concurrence of the Board, that property in the purchaser;
(b)
by notification in the Gazette declare that the whole or any part of the immovable property of the Board vests, on a date to be mentioned in the notification, in the Government, and thereafter the immovable property of the Board described in the notification vests, on that date, in the Government for all the estate, right, title and interest of the Board, freed and discharged from all charges and mortgages created or made by the Board, saving only such charges and mortgages as are excepted in subsection (2) and are subsisting securities;
(c)
appoint some person to receive the rents and other income which the Board is entitled to receive, or any portion thereof, and to apply the same in discharge of the amount due and of all expenses incurred in respect of the appointment of that person, and of the recovery by that person of the rents and income; and the person so appointed has for the recovery of the rents or other income, all and singular the powers conferred by this Act on the Board for that purpose.
(4) Whenever any declaration has been made under this section, notice of the declaration must, in the case of registered land, be sent to the Registrar of Titles who must thereupon enter in the land-register a memorial of the registration of the vesting of the land in the Government and in other cases to the Registrar of Deeds who must thereupon make an entry in the books of the Registry of Deeds that the land described in the notification containing the declaration is vested in the Government.[37
Chief Executive Officer
Open ↗44.—(1) There must be a Chief Executive Officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018 and Article 22A of the Constitution.[5/2018]
(2) The Board may, subject to the Public Sector (Governance) Act 2018 and Article 22A of the Constitution, appoint an individual to act temporarily as the Chief Executive Officer during any period, or during all periods, when the Chief Executive Officer —(a)
is absent from duty or Singapore; or
(b)
is, for any reason, unable to perform the duties of the office.[38
[5/2018]
Appointment of officers and employees
Open ↗45.—(1) Subject to the disallowance under section 99(1) of any item or portion of any item in a budget, the Board may appoint and employ such officers as may be necessary for the purpose of this Act, and may dismiss them.
(2) Subject to this section —(a)
appointments and promotions of all employees must be made by the Board; and
(b)
determination of an appointment, dismissal and disciplinary control of the employees of the Board are vested in the Board.
(3) The Minister may, with the consent of the Public Service Commission, declare by notification in the Gazette that any appointment and promotion of an officer or class of officers as the Minister thinks fit, and determination of an appointment, dismissal and disciplinary control of persons appointed as such officers, is to be vested in the Board acting on the advice of the Public Service Commission, and upon the declaration the Board must exercise those functions on the advice of the Public Service Commission.
(4) Despite this section, the Chief Executive Officer may appoint persons temporarily for a period not exceeding 2 months.
(5) The Board must, with the approval of the Minister, prescribe the rates of remuneration payable to persons employed by the Board, and no persons so employed may be paid otherwise than in accordance with those rates.[39
Officers not to be interested in contracts in Singapore
Open ↗46.—(1) A person is not eligible for employment as an officer of the Board if the person has, directly or indirectly, by himself or herself or his or her partner, any share or interest in any contract with, for or on behalf of the Board.
(2) Any officer of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.
(3) No officer is deemed to have or acquire any such share or interest by reason only that —(a)
he or she is or becomes a member of an incorporated company which owns land situated in Singapore or has a contract with or executes work for the Board; or
(b)
he or she has or acquires a share in any loan issued by the Board or in any security for the same.[40
Transfer of other officers of Singapore Improvement Trust
Open ↗47.—(1) As from 1 February 1960, every officer of the Singapore Improvement Trust, not being an officer exclusively engaged in the planning functions of the Singapore Improvement Trust, is deemed to be transferred to the service of the Board at the same rate of pay and, as near as may be, on the same conditions of service, as those on which he or she was employed by the Singapore Improvement Trust.
(2) Nothing in this section affects the right of the Board to terminate the employment of any such officer transferred to the service of the Board or to vary his or her rate of pay or conditions of service in the manner and to the extent that the Singapore Improvement Trust could have done had he or she continued in the service of the Singapore Improvement Trust.[41
Pension schemes, provident fund, etc.
Open ↗48.—(1) Subject to the approval of the Minister, the Board may make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such officers or classes of officers of the Board as the Board may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board.
(2) The following provisions apply to any scheme established under this section:(a)
no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board, is assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;
(b)
no donation by the Board or contribution by its officers made under any such scheme and no interest thereon is assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government;
(c)
no such donation, contribution or interest is subject to the debts of the contributor, nor does such donation, contribution or interest pass to the Official Assignee on the bankruptcy of the contributor, but, if the contributor is adjudicated a bankrupt or is declared insolvent by a court, the donation, contribution or interest is, subject to the provisions of this Act, deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;
(d)
the bankruptcy of a contributor does not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions must continue to be made despite the provisions of any written law, and the portion of salary so deducted is not to be deemed to form part of his or her after-acquired property;
(e)
subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor are deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of the deceased contributor, or under a nomination in such form as may be prescribed in the scheme, and are not to be deemed to form part of his or her estate or be subject to the payment of his or her debts, but are deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929;
(f)
any contributor may by a memorandum under his or her hand appoint a trustee or trustees of the moneys payable on his or her death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of the moneys and for the investment of the moneys; such a memorandum must be in the form prescribed in the scheme and must be deposited with the Board;
(g)
if at the time of any contributor’s death 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 General Division of the High Court; and
(h)
the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor is a discharge to the Board for any moneys payable on his or her death out of any such scheme.[42
[40/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
