Apportionment of Rents Act 1909

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to apportion rents under State leases and grants.

[30 April 1909]

Short title

1. This Act is the Apportionment of Rents Act 1909.

Interpretation

2. In this Act, unless the context otherwise requires —

“Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001;

“Collector” has the same meaning as in the Land Revenue Collection Act 1940;

“competent authority” means the competent authority appointed under section 5 of the Planning Act 1998 in respect of the grant of subdivision permission;

“grant” means a grant in perpetuity;

“grantee” means the owner of a grant in perpetuity;

“land” includes any building or structure;

“lessee” means the lessee of land held under a State lease, and includes the assignee of the entirety of the land comprised in any State lease and the legal representatives of a State lessee;

“notice” means a notice of apportionment of rent;

“subdivided land” means any land in respect of which subdivision permission to subdivide has been granted by a competent authority under the Planning Act 1998.

[17/2001]

Subdivision of land to be notified

3.—(1) Every lessee or grantee of land comprised in any State lease or grant shall, within one month from the date of obtaining any subdivision permission from the competent authority to subdivide such land, inform the Collector in writing of the subdivision permission together with a copy of the approved plan showing the subdivision and particulars of the persons entitled as beneficial owners to the parts of the subdivided land.

(2) The Collector shall determine the rent payable in respect of each subdivision.

(3) The minimum rent in respect of any subdivision shall be $1 and any fraction of 50 cents shall count as 50 cents.

(4) When a determination has been made by the Collector under subsection (2), he shall cause a notice of apportionment of the rent to be served upon the lessee or grantee and upon the persons entitled as beneficial owners to the parts of the subdivided land.

(5) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

Apportionment by Collector

4. Whenever it appears to the Collector that any land held under a State lease or grant has been subdivided and no notification of the subdivision in respect of the land has been given under section 3, the Collector may determine the rent payable in respect of each subdivision and shall thereafter proceed to make an order of apportionment in accordance with the provisions of this Act which shall apply, with the necessary modifications, as if the determination has been made by the Collector under section 3(2).

Mode of service of notice where not personal

5. If the Collector is unable to find any person upon whom service ought to be effected, he may serve the notice upon that person by posting it on the land and at the office of the Authority, and such posting shall be deemed to be good service.

[17/2001]

Objection to apportionment

6. If any person upon whom a notice is served objects to the apportionment of rent, he shall send his objection in writing to the Collector within one month of the service of the notice.

Apportionment order when made

7.—(1) On the expiration of one month from the date of the service of the last served of such notices, the Collector may, under his hand and seal, make an order of apportionment of the rent payable to the Government in respect of each subdivision.

(2) If any objection has been received by the Collector under section 6, he shall consider the objection prior to making his order of apportionment.

(3) An order of apportionment shall be final and binding on every lessee or grantee and holder of a subdivision, notwithstanding that notice may not have been served on all the persons entitled to the various subdivisions of the State lease or grant.

(4) The Collector shall cause a copy of his order to be served upon all persons upon whom a notice was served under section 3(4).

(5) Such service may be effected by posting on the land and at the office of the Authority.

[17/2001]

Effect of order

8. From the date of the order of apportionment —

(a)

the rent apportioned in respect of any subdivision shall be —

(i)	due to the Government by the person entitled to each subdivision and his executors, administrators and assigns, and shall, if the rent for the current year upon the State lease or grant remains unpaid, be payable forthwith;
(ii)	henceforth payable at the time and place at which the rent on the State lease or grant was payable; and
(iii)	recoverable by any means prescribed by law relating to the collection of rents due to the Government;

(b)

the covenant by the lessee or grantee to pay to the Government the rent specified in the State lease or grant shall —

(i)	in any case where the lessee or grantee has by duly registered deeds assigned or conveyed the entirety of the land comprised in the State lease or grant, be discharged; and
(ii)	in any case where the lessee or grantee retains a part only of the land comprised in the State lease or grant, be so modified as to apply only to the rent apportioned under this Act to that part of the land comprised in the State lease or grant which is retained by the lessee or grantee; and

(c)

any covenant by any person entitled to a subdivision to pay to the lessee or grantee a portion of the rent shall be discharged.

Collector to keep record

9.—(1) The Collector shall keep a book, to be called the Record of Apportionment of Rents, in which he shall record under his hand all particulars furnished to him or determined by him under this Act.

(2) All entries in the Record of Apportionment of Rents shall be prima facie evidence in any court of law of the truth of the facts therein stated.

LEGISLATIVE HISTORY

Apportionment of Rents Act 1909

This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.

Ordinance II of 1909—The Apportionment of Rents Ordinance 1909

Bill

G.N. No. 1372/1908

First Reading

29 January 1909

Second Reading

5 March 1909

Notice of Amendments

2 April 1909

Third Reading

19 April 1909

Commencement

23 April 1909 (assent)

30 April 1909 (publication)

Ordinance XI of 1909—The Apportionment of Rents Ordinance 1909 Amendment Ordinance 1909

Bill

G.N. No. 776/1909

First Reading

30 July 1909

Second Reading

6 August 1909

Third Reading

27 August 1909

Commencement

8 September 1909

1920 Revised Edition—Ordinance No. 110 (Apportionment of Rents)

Operation

28 November 1921

1926 Revised Edition—Ordinance No. 110 (Apportionment of Rents)

Operation

1 August 1926

1936 Revised Edition—Apportionment of Rents Ordinance (Chapter 116)

Operation

1 September 1936

Ordinance 3 of 1956—Apportionment of Rents (Amendment) Ordinance, 1956

Bill

34/1956

First Reading

8 February 1956

Second and Third Readings

7 March 1956

Commencement

29 March 1956

1955 Revised Edition—Apportionment of Rents Ordinance (Chapter 240)

Operation

1 July 1956

G.N. Sp. No. S 47/1963—State Laws (Modification) (No. 3) Order, 1963

Commencement

16 September 1963

1970 Revised Edition—Apportionment of Rents Act (Chapter 264)

Operation

31 August 1971

10.

Act 9 of 1975—Apportionment of Rents (Amendment) Act, 1975

Bill

4/1975

First Reading

25 February 1975

Second and Third Readings

27 March 1975

Commencement

16 May 1975

11.

1985 Revised Edition—Apportionment of Rents Act (Chapter 9)

Operation

30 March 1987

12.

Act 3 of 1998—Planning Act 1998

(Amendments made by section 65 read with item (1) of the Second Schedule to the above Act)

Bill

18/1997

First Reading

19 November 1997

Second Reading

14 January 1998

Notice of Amendments

14 January 1998

Third Reading

14 January 1998

Commencement

1 April 1998 (section 65 read with item (1) of the Second Schedule)

13.

1998 Revised Edition—Apportionment of Rents Act (Chapter 9)

Operation

15 December 1998

14.

Act 17 of 2001—Singapore Land Authority Act 2001

(Amendments made by section 38(1) read with item (1) of the Fourth Schedule to the above Act)

Bill

17/2001

First Reading

5 March 2001

Second and Third Readings

19 April 2001

Commencement

1 June 2001 (section 38(1) read with item (1) of the Fourth Schedule)

15.

2020 Revised Edition—Apportionment of Rents Act 1909

Operation

31 December 2021

Abbreviations

(updated on 29 August 2022)

G.N.

Gazette Notification

G.N. Sp.

Gazette Notification (Special Supplement)

L.A.

Legislative Assembly

L.N.

Legal Notification (Federal/Malaysian)

Malaya/Malaysia (including Federated Malay States, Malayan Union, Federation of Malaya and Federation of Malaysia)

Parl.

Parliament

Subsidiary Legislation

S.I.

Statutory Instrument (United Kingdom)

S (N.S.)

Subsidiary Legislation (New Series)

S.S.G.G.

Straits Settlements Government Gazette

S.S.G.G. (E)

Straits Settlements Government Gazette (Extraordinary)