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HOUSING
DEVELOPMENT (COMPOUNDING OF OFFENCES) REGULATIONS 2002
PU(A) 475/2002
In force from: 1 December 2002
Jil. 46 No. 24 1hb Disember 2002 TAMBAHAN No. 123 PERUNDANGAN (A)
IN exercise of the powers conferred by paragraph 24(2)(i) of the Housing Development
(Control and Licensing) Act 1966 [Act 118], the Minister makes the following
regulations:
1. Citation and commencement.
(1) These regulations may be cited as the
Housing Development (Compounding of Offences) Regulations 2002.
(2) These Regulations come into operation on 1 December
2002.
2. Compoundable offences.
The following offences may be compounded by the Controller
or any officer authorized in writing by the Controller:
(a) offences under paragraphs
7(a), 7(b), 7(d), 7(e), 7(f), 7(h),
7(i), 7(j),7 (k) and 18(c) of the Act;
(b) offences under subregulations
5(1A), 5(6), 6(1) and 7(1) of the Housing Development (Control and Licensing)
Regulations 1989 [P.U. (A) 58/89]; and
(c) offences under subregulations
3(2), 4(2), 8(3) and regulation 12A of the Housing Development (Housing
Development Account) 1991 [P.U. (A) 231/91].
3. Method of compounding.
(1) Upon receipt of information or complaint that an offence
has been committed, any of such persons mentioned in regulation 2 shall issue
a notice to compound the offence in the form as prescribed in the Schedule.
(2) The offer to compound an offence is for a period of
fourteen (14) days, and if full payment of the sum offered is made on or before
the expiry of fourteen days, no further proceedings shall be taken against
such person. Otherwise prosecution will be instituted without further notice.
4. Payment of compound.
(1) When an offer to compound of any offence is made and
accepted payment shall be made in cash or by money order, postal order, cashier's
order, banker's order or banker's draft made payable to the Controller of
Housing and crossed with the words "Account Payee Only".
(2) Payment may be made or delivered personally to the person
authorized to make the offer to compound or if sent by post, it must be addressed
to the Controller of Housing, Ministry of Housing and Local Government, Block
K, Level 3, Pusat Bandar Damansara, Peti Surat 12579, 50782 Kuala Lumpur.
(3) Every payment received shall be considered as money
belonging to the Controller of Housing and an official receipt shall be issued
for such payment to the person to whom the offer to compound was made.
SCHEDULE
HOUSING DEVELOPMENT (CONTROL AND LICENSING)
ACT 1966
HOUSING DEVELOPMENT (COMPOUNDING OF OFFENCES)
REGULATIONS 2002
[Regulation 3]
NOTICE OF OFFER TO COMPOUND
To:
................................................................
................................................................ ................................................................
Sir/Madam,
Reference:
It appears to me on information/complaint received, that
you have committed the following offence:
Relevant provision of the law: .................................................................................................
Date: ...............................................................Time:
....................................................a.m./p.m.* Place: ..........................................................................................................................................
Particulars of offence:
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
2. You are informed that by virtue of the authority vested
in me by the Housing Development (Compounding of Offences) Regulations 2002,
I am prepared, and offer, to compound this offence
for a sum of RM............................................................
(Ringgit: ................................................) If this offer
is accepted, payment may be made in cash or by money order, postal order,
cashier's order, banker's order or banker's draft made payable to the Controller
of Housing, and crossed with the words "Account Payee Only" and may be delivered
personally to me at the following address:
..........................................................................................................................................................
.........................................................................................................................................................
Payment by post may be addressed to the Controller of Housing, Ministry of
Housing and Local Government, Blok K, Aras 3, Pusat Bandar Damansara, Peti
Surat 12579, 50782 Kuala Lumpur.
An official receipt will be issued upon payment.
3. This offer will lapse on ........................................................................If
full payment of the sum stated above is received on or before that date, no
further proceedings will be taken against you in respect of this offence.
Otherwise prosecution will be instituted without further notice.
Date: ..................................... ......................................................#
Controller/Compounding Officer
The Controller of Housing
Ministry of Housing and Local Government, Block K Level
3, Pusat Bandar Damansara, 50782 Kuala Lumpur
I refer to the offer to compound for an offence bearing
reference.................................................
.............................................................................and
dated ........................................................... I admit
that I have committed this offence and I accept the offer to compound and
enclose herewith
cash/money order/postal order/cashier's order/banker's order/banker's
draft No.* ...........................for
the sum of RM ...........................(Ringgit: ..................................)
in full settlement of the compound.
Signature: .......................................................................
Name (block letter)
. .......................................................................................
Designation: ..................................................................
Company: ......................................................................
Address: .........................................................................
.......................................................................................
Developer's Licence No..................................................
Date ...................................
* Delete whichever is inapplicable.
# To be signed by the officer authorized to compound, whose
name and designation must appear below the signature, if the compound is offered
by an officer other than the Controller.
Made 18 November 2002
DATO' SERI ONG KA TING
Minister of Housing and Local Government
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