s 28 By-laws for regulation of housing estates
28.—(1) Every Town Council must have by‑laws for the purpose of the management, administration, control, use or enjoyment of the common property of the residential and commercial property in the housing estates of the Board within the Town for the benefit of the residents of those estates.[Act 17 of 2017 wef 01/06/2026] (1A) With effect from the date of commencement of section 15(a) of the Town Councils (Amendment) Act 2017, the by‑laws in force for every Town Council are the model by‑laws prescribed by rules under section 57* for the purpose in subsection (1), subject to any additional by‑laws, or change to the model by‑laws, made by the Town Council under subsection (1C).* Section 57 is to be construed as section 82 of the Town Councils Act 1988, according to section 20(1) of the Revised Edition of the Laws Act 1983. [Act 17 of 2017 wef 01/06/2026] (1B) The model by‑laws prescribed by rules under section 57* for the purpose in subsection (1) are deemed made by every Town Council.* Section 57 is to be construed as section 82 of the Town Councils Act 1988, according to section 20(1) of the Revised Edition of the Laws Act 1983. [Act 17 of 2017 wef 01/06/2026] (1C) A Town Council for a Town may make additional by‑laws or change any model by‑laws for the purpose in subsection (1), including all or any of the following:(a) restricting or prohibiting behaviour or activities on any common property; (b) restricting or prohibiting parking of vehicles on any common property; (c) other details of any common property of which the use is restricted; (d) waste disposal; (e) safety and security measures, but any additional by‑law or change so made must not be inconsistent with the model by‑laws. [Act 17 of 2017 wef 01/06/2026] (2) In addition, a Town Council for a Town may make by‑laws, and from time to time change by‑laws, for or in respect of all or any of the following matters:(a) prescribing the particular by‑laws made for the purpose in subsection (1) (including a model by‑law) breach of which is a compoundable offence; (b) prescribing rates or amounts of conservancy and service charges in respect of every flat in any residential or commercial property, and every stall in any market or food centre of the Board, within the Town; (c) prescribing the administrative fee to be paid by any person in respect of any services provided by the Town Council or any debt due to the Town Council; (d) prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Town Council and be recoverable as such) to be paid by the Town Council’s licensees or by any owner or tenant of any flat leased from the Board for late payment of any conservancy and service charges or licence fee due to the Town Council; (e) requiring deposits to be placed with the Town Council by any owner or tenant of any flat leased from the Board to secure the payment of conservancy and service charges.[Act 17 of 2017 wef 01/06/2026] (3) A Town Council, owner or tenant of a flat leased from the Board within the Town, is entitled to apply to the court —(a) for an order to enforce the performance of or restrain the breach of any by-law made by that Town Council for the purpose in subsection (1); or (b) to recover damages for any loss or injury to any person or property arising out of the breach of any by-law made by that Town Council for the purpose in subsection (1), by or from any person bound to comply therewith or the Town Council (as the case may be) and the court may make such order against any such person or the Town Council as the court thinks fit. [17/2017] (4) Every additional by‑law or change to the model by‑laws made under subsection (1C), and every by‑law made or changed under subsection (2), by a Town Council comes into operation upon the date specified therein but ceases to have effect upon the expiration of a period of one month from the date of its publication in the Gazette if prior to the expiration of that period it has been disapproved by the Minister by order in the Gazette.[Act 17 of 2017 wef 01/06/2026] (5) Any order made by the Minister under subsection (4) has effect upon the date specified in the order but does not affect the validity of anything previously done under the disapproved by‑law. (6) Every additional by‑law or change to the model by‑laws made under subsection (1C), and every by‑law made or changed under subsection (2), by a Town Council must, within 15 days of its coming into operation, be displayed in such places within the Town as the Town Council may direct.[Act 17 of 2017 wef 01/06/2026] (7) Any additional by‑law or change to the model by‑laws made by a Town Council under subsection (1C) must not be inconsistent with any rule made under the Housing and Development Act 1959 which is applicable to the Town and any such by‑law which is so inconsistent is, to the extent of the inconsistency, void.[Act 17 of 2017 wef 01/06/2026] (8) The by-laws of a Town Council in force on the date of publication must be published annually in book form and copies thereof must be made available for purchase at a reasonable price by members of the public. (9) Any person who commits a breach of any of the by-laws made by a Town Council or makes default in complying with any of the by‑laws made by a Town Council for the purpose in subsection (1) or makes default in complying with any of those by‑laws, and every person who is knowingly a party to the breach or default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[17/2017] (10) In this section —(a) “flat” includes any stall in any market or food centre of the Board; and (b) “change”, in relation to by‑laws, means amend or revoke the by‑laws or add to the by‑laws.[Act 17 of 2017 wef 01/06/2026] [24