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HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT, 1966
(Act 118)
Date of coming into force: 29
August 1969 [P.U.(B) 212/69]. Revised
1973 w.e.f.16 August 1973
PREAMBLE
First enacted 1966 (Act No. 38 of
1966)
Revised 1973 (Act 118 w.e.f.16 August 1973)
An Act to provide for the control and licensing of the business of
housing development in West Malaysia and for matters connected therewith.
PART I
PRELIMINARY
1. Short title and application.
(1) This Act may be cited as the Housing Development (Control and
Licensing) Act 1966.
[Am. Act A1142 - Prior text read - "This
Act may be cited as the Housing Developers (Control and Licensing) Act
1966"]
(2) (Omitted).
(3) This Act shall apply only in West Malaysia.
[NOTE: Am. Act A1142 Section 5-
"Reference to the principal Act.Where, on and after the appointed date, a
reference is made in any written law to the "Housing Developers (Control and
Licensing) Act 1966 ", such reference shall be construed as a reference to
the "Housing Development (Control and Licensing) Act 1966."]
2. Saving and exemption.
(1) (Deleted)
[Deleted by Act A1142 - Prior text read -
"(1) Nothing in this Act shall apply to -(a) any society registered or
incorporated under any written law relating to co-operative societies; and(b)
any body or agency established and incorporated by statute and under the
control of the Federal Government or the Government of any State."]
(2) The Minister may be notification published in the Gazette
exempt any housing developer from any or all of the provisions of this Act.
(3) The provisions of this Act which relate to a company shall be
construed as in addition or supplementary to, and not in derogation from,
the provisions of any written law relating to companies.
3. Interpretation.
In this Act, unless the context otherwise requires -
"bank" means any bank licensed under the Banking and Financial
Institutions Act 1989 (Act 372) or under the Islamic Banking Act 1983
(Act 276);
[Am. Act A1142 - Prior text read - "means
any bank licensed under the Banking Act 1973 (Act 102) or under the Islamic
Banking Act 1983 (Act 276)"]
"body of persons" means a group of persons, not being an incorporated
body or group;
"certificate of fitness for occupation" means the certificate of fitness
for occupation given or granted under the Street, Drainage and Building Act
1974 [Act 133] and any by-laws made under that Act;
[Ins. Act A1142]
"company" means any company incorporated, formed or registered under any
written law for the time being in force in Malaysia relating to companies,
and includes any body corporate established under any written law in force
in Malaysia;
"Controller" means the Controller of Housing appointed under section 4;
"Deputy Controller" means the Deputy Controller of Housing appointed
under section 4;
[Ins. Act A1142]
"finance company" means any finance company licensed under the Banking
and Financial Institutions Act 1989 (Act 372);
[Am. Act A1142 - Prior text read -
""finance company" means any finance company licensed under the Finance
Companies Act 1969 [Act 6]"]
"firm" means an unincorporated body of persons (whether consisting of
individuals or of corporations or partly of individuals and partly of
corporations) associated together for the purpose of carrying on business;
"housing accommodation" includes any building, tenement or messuage
which is wholly or principally constructed, adapted or intended for human
habitation or partly for human habitation and partly for business premises
but does not include an accommodation erected on any land designated for or
approved for commercial development;
[Am. Act A1142 - Prior text read -
"includes any building, tenement or messuage which is wholly or principally
constructed, adapted or intended for human habitation or partly for human
habitation and partly for business premises;"];
"housing developer" means any person, body of persons, company, firm or
society (by whatever name described), who or which engages in or carries on
or undertakes or causes to be undertaken a housing development;
"housing development" means to develop or construct or cause to be
constructed in any manner more than four units of housing accommodation and
includes the collection of monies or the carrying on of any building
operations for the purpose of erecting housing accommodation in, on, over or
under any land; or the sale of more than four units of housing lots by the
landowner or his nominee with the view of constructing more than four units
of housing accommodation by the said landowner or his nominee;
"Housing Development Account" means an account opened and maintained by
a licensed housing developer pursuant to section 7A;
"housing lot" means any piece of land surveyed or otherwise, to which a
lot number has been assigned to it and which is subject to the category
"building" in accordance with the National Land Code 1965 (Act 56/65);
"Inspector" means an inspector appointed under section 4;
"licence" means a licence granted under section 5;
"licensed housing developer" means any housing developer licensed under
section 5 to engage in or carry on or undertake a housing development and
includes the holder of any power of attorney of such housing developer duly
created under the Powers of Attorney Act 1949 [Act 424];
[Am. Act A1142 - Prior text read - "means
any housing developer licensed under section 5 to engage in or carry on or
undertake a housing development;"]
"local authority" includes any person or body of persons appointed or
authorized under any written law to exercise and perform the powers and
duties which are conferred and imposed on a local authority under any
written law;
[Ins. Act A1142]
"prescribed" means prescribed by regulations made under this Act, and
where no mode is mentioned means prescribed from time to time by order
published in the Gazette;
[Am. Act A1142 - Prior text read - "means
prescribed by the Minister under this Act;"];
"purchaser" means any person who purchases housing accommodation or who
has any dealing with a licensed housing developer in respect of the
acquisition of housing accommodation;
[Subs. Act A1142 - Prior text read - "
includes any person who has or will have any dealing with any housing
developer."];
"stakeholder" means any solicitor holding moneys as stakeholder for
payment to a housing developer pursuant to sale and purchase agreements in
respect of a housing development which the housing developer is engaged in,
carries on or undertakes or causes to be undertaken;
[Ins. Act A1142]
"Tribunal" means the Tribunal for Homebuyer Claims established under
section 16B.
[Ins. Act A1142]
4. Appointment of Controller, Deputy Controllers, Inspectors and
other officers and servants.
(1) For the purpose of this Act, the Minister may appoint a Controller of
Housing and such number of Deputy Controllers of Housing, Inspectors of
Housing and other officers and servants as the Minister may deem fit from
amongst members of the public service.
(2) The Controller and Deputy Controllers shall have and may exercise any
of the powers conferred on an Inspector by or under this Act.
(3) The Controller may, in writing, delegate all or any of his powers or
functions under this Act, except his power of delegation, to any Deputy
Controller, Inspector, officer or servant appointed under subsection (1).
(4) Without prejudice to subsection (2), the Controller may, in writing,
delegate any of his powers and functions under this Act in respect of the
investigation of offences under this Act and the enforcement of this Act to
any public officer or officer of a local authority.
(5) Any delegation under subsection (3) or (4) may be revoked at any time
by the Controller and does not prohibit the Controller from himself
exercising the powers or performing the functions so delegated.
[Subs. Act A1142 - Prior text read - "4.
Appointment of Controller, Inspectors and other officers and servants.For
the purpose of this Act the Minister may appoint an officer to be styled the
Controller of Housing and such number of Inspectors of Housing and other
officers and servants as the Minister may deem fit."];
PART II
LICENSING OF HOUSING
DEVELOPERS
5. Prohibition against housing development except by virtue of a
licence and provisions relating to the grant of a licence.
(1) No housing development shall be engaged in, carried on, undertaken or
caused to be undertaken except by a housing developer in possession of a
licence issued under this Act.
(2) Except with the written consent of the Controller no housing
developer other than a licensed housing developer shall assume or use in
relation to his business or any part of his business the words "housing
developer" or any of its derivatives or any other word or words indicating
the carrying on of the business of housing development.
(3) A housing developer who desires to engage in or carry out or
undertake or cause to be undertaken a housing development shall apply to the
Controller for a licence and any such application shall be made in the
prescribed form and in the case of any applicant listed in column (1) of the
Schedule the application shall be accompanied by the documents listed
against him to column (2), every such document being verified by means of a
statutory declaration made by the person listed in column (3) of the said
Schedule.
(4) Upon receiving an application for a licence under this section, the
Controller may grant the licence applied for or refuse to grant such a
licence; and in granting such a licence the Controller may impose thereon
such conditions (including the period during which the licence shall be
valid) as he may deem fit and proper.
[Am. Act A1142 - Prior text read - "Upon
receiving an application for a licence under this section, the Controller
may, subject to section 6, grant the licence applied for or refuse to grant
such a licence; and in granting such a licence the Controller may impose
thereon such conditions (including the period during which the licence shall
be valid) as he may deem fit and proper."];
(4A) No application for a licence under this section shall be considered
unless the prescribed fees have been paid to the Controller.
[Ins. Act A1142]
(4B) There shall be charged and paid to the Controller on the grant of a
licence and at such intervals after such grant during the period of validity
of the licence such fees as may be prescribed.
[Ins. Act A1142]
(5) Subject to section 14, the Controller may at any time vary, cancel or
alter the conditions imposed under subsection (4) or impose any new or
additional conditions; or, where the licence is not subject to any
condition, impose thereon such conditions as the Controller may deem fit for
carrying out the provisions of this Act.
[Am. Act A1142 - Prior text read -
"Subject to section 14, the Controller may at any time vary, cancel or alter
the conditions aforesaid or impose any new or additional conditions; or,
where the licence is not subject to any condition, impose thereon such
conditions as the Controller may deem fit for carrying out the provisions of
this Act."]
6. Conditions or restrictions for the grant of a licence.
(1) Subject to the exercise of power of waiver by the Minister under
subsection (2), the licence applied for under section 5 shall not be granted
-
(a) unless the applicant has a capital issued and paid up in
cash of not less than two hundred and fifty thousand ringgit and makes a
deposit with the Controller of not less than two hundred thousand ringgit
in cash or in such other form as the Minister may determine, if the
application is made by a company; or
[Am. Act A1142 - Prior text read -
"unless the applicant has a capital issued and paid up in cash of not less
than two hundred and fifty thousand ringgit, if the application is made by
a company; or"]
(b) unless the applicant makes a deposit with the Controller of
not less than two hundred thousand ringgit in cash or in such other form
as the Minister may determine, if the application is made by a person or
body of persons;
[Am. Act A1142 - Prior text read -
"unless the applicant makes a deposit with the Controller of not less than
one hundred thousand ringgit in cash or in such other form as the Minister
may determine, if the application is made by a person or body of persons;
and"]
(c) unless the applicant is not himself nor is any member or
partner thereof a person convicted of an offence involving fraud or
dishonesty or an undischarged bankrupt, if the application is made
respectively by a person or a body of persons or a firm;
[Am. Act A1142 - Prior text read -
"unless the applicant is not himself nor is any member or partner thereof
a person convicted of an offence involving fraud or dishonesty or an
undischarged bankrupt, if the application is made respectively by a person
or a body of persons or a firm; and"]
(d) unless no one who is convicted of an offence involving fraud
or dishonesty or who is an undischarged bankrupt is holding office as
director, manager or secretary of the applicant or other similar office or
position, if the application is made by a company, or is holding office as
president, secretary or treasurer of the applicant or other similar office
or position, if the application is made by a society;.
[Am. Act A1142 - Prior text read -
"unless no one who is convicted of an offence involving fraud or
dishonesty or who is an undischarged bankrupt is holding office as
director, manager or secretary or other similar office or position, if the
application is made by a company, or is holding office as president,
secretary or treasurer or other similar office or position, if the
application is made by a society."]
(e) unless, at the time the application is made, the applicant
or any member or partner of the applicant, if the applicant is a body of
persons or firm, or a director, manager or secretary of the applicant, if
the applicant is a company, has not, due to a conviction for an offence
under this Act, been sentenced to a fine exceeding ten thousand ringgit or
to imprisonment (other than imprisonment in default of a fine not
exceeding ten thousand ringgit);
[Ins. Act A1142]
(f) unless, at the time the application is made, a person who
had been a director of or had been directly concerned in the management of
the business of a licensed housing developer which has been wound up by a
court is not a director or is not directly concerned in the management of
the business of the applicant; and
[Ins. Act A1142]
(g) if the registration of the applicant's architect or engineer
has been cancelled and has not been reinstated under the Architects Act
1967 [Act 117] or the Registration of Engineers Act 1967 [Act
138] at the time the application is made.
[Ins. Act A1142]
(1A) For the purposes of paragraphs (1)(d), (e) and (f),
if the applicant is a company, the expression "applicant" shall include the
holding company of the applicant, or a subsidiary of the applicant or a
subsidiary of the holding company of the applicant.
[Ins. Act A1142]
(2) The Minister may in his absolute discretion waive any or all of the
conditions set out in paragraph (1) (a), (b) or (d) or
substitute any or all of the said conditions for such other conditions as he
may consider fit and proper.
6A. Controller to keep deposit.
Subject to any direction of the Minister, the Controller shall keep the
deposit made under paragraphs 6(1)(a) and (b) until the expiry
of the defect liability period of the housing development.
[Ins. Act A1142]
6B. Controller may forfeit deposit.
If any licensed holding developer-
(a) is carrying on his business, in the opinion of the
Controller, in a manner detrimental to the interest of the purchasers or
to any member of the public;
(b) has insufficient assets to cover his liabilities;
(c) is contravening any of the provisions of this Act; or
(d) has ceased to carry on housing development in West Malaysia,
the Controller may, after having given the licensed developer an
opportunity to submit reasons within a specified time on why the deposit
under paragraph 6(l)(a) or (b) should not be forfeited,
forfeit the whole or a part of the deposit.
7. Duties of a licensed housing developer.
In addition to the liabilities and duties imposed in sections 8 and 9, a
licensed housing developer shall -
(a) within four weeks of the making of any alterations in or to
any of the documents submitted to the Controller under subsection 5 (3)
furnish to the Controller written particulars of the alterations;
(b) exhibit at all times in a conspicuous position in any office
and branch office of the licensed housing developer a copy of his licence,
advertisement and sale permit and a copy of his last audited balance-sheet
as soon as the same is available and such information as the present or
former full name, usual residential address, nationality, nationality of
origin (where the present nationality is not that of origin), business or
occupation (if any) of each person who has the control and management of
the business of the licensed housing developer and particulars of any
other directorship held by that person;
[Am. Act A1142 - Prior text read -
"exhibit at all times in a conspicuous position in any office and branch
office of the licensed housing developer a copy of his last audited
balance-sheet as soon as the same is available and such information as the
present or former full name, usual residential address, nationality,
nationality of origin (where the present nationality is not that of
origin), business or occupation (if any) of each person who has the
control and management of the business of the licensed housing developer
and particulars of any other directorship held by that person;"]
(c) keep or cause to be kept in his office in West Malaysia such
accounting and other records as will sufficiently explain the transactions
and the financial position of the licensed housing developer and enable
true and fair profit and loss accounts and balance-sheets and any
documents required to be attached thereto to be prepared from time to
time, and shall cause these records to be kept in such manner as to enable
them to be conveniently and properly audited;
(d) every year appoint an auditor or auditors in the manner
required under section 9;
(e) within six months after the close of the financial year of
the licensed housing developer in question send to the Controller and also
publish in the Gazette a copy of the report of the auditor prepared
under section 9 together with a copy of his balance-sheet and profit and
loss account,
[Am. Act A1142 - Prior text read -
"within three months after the close of the financial year of the licensed
housing developer in question send to the Controller and also publish in
the Gazette a copy of the report of the auditor prepared under section 9
together with a copy of his balance-sheet and profit and loss account,"]
(f) not later than the 21st day of January and the 21st day of
July of each year, send to the Controller a statement , in such form and
containing such information as the Controller may from time to time
determine, on the progress of the housing development which the housing
developer is engaged in, carries on or undertakes or causes to be
undertaken;
[Am. Act A1142 - Prior text read - "not
later than the 21st day of January and the 21st day of July of each year,
send to the Controller a statement in the prescribed form; and"]
(g) where he considers that he is likely to become unable to
meet his obligations to the purchasers at any stage of the housing
development before the issuance of the certificate of fitness for
occupation, forthwith inform the Controller of such fact;
[Am. Act A1142 - Prior text read -
"where he considers that he is likely to become unable to meet his
obligations to the purchasers, forthwith inform the Controller of such
fact."]
(h) inform the Controller of the handing over of vacant
possession of the housing accommodation in the housing development to the
purchasers and submit a certified true copy of his architect's certificate
certifying that the construction of the housing accommodation has been
duly completed and that water and electricity supplies are ready for
connection to the housing accommodation;
[Ins. Act A1142]
(i) inform the Controller if the appropriate authority has
refused to accept the submission of any document relating to the issuance
of certificates of fitness for occupation and submit the refusal letter
from the appropriate authority to the Controller;
[Ins. Act A1142]
(j) ensure that the development of the housing accommodation has
been carried out in accordance with any requirements prescribed under any
law regulating buildings and has exercised all such diligence as may be
required for the issuance of certificates of fitness for occupation and
for the issuance and transfer of the titles to the housing accommodation
to the purchasers; and
[Ins. Act A1142]
(k) inform the Controller of the progress in the issuance of
separate or strata titles for the housing accommodation and the transfer
of such titles to the purchasers.
[Ins. Act A1142]
7A. Licensed housing developer to open and maintain Housing
(1) Subject to subsection (9), every licensed housing developer shall
open and maintain a Housing Development Account with a bank or finance
company for each housing development undertaken by the licensed housing
developer.
(2) Where a housing development is to be developed in phases, the
licensed housing developer shall open and keep a Housing Development Account
under subsection (1) for each phase of such housing development.
(3) The licensed housing developer shall pay into the Housing Development
Account of a housing development the purchase monies received by the
licensed housing developer from the sale of housing accommodation in the
housing development and any other sum or sums of money which are required by
regulations made under this Act to be paid into the Housing Development
Account.
(4) The licensed housing developer shall not withdraw any money from the
Housing Development Account except as authorised by regulations made under
this Act.
(5) Subject to paragraph (6) (b), all monies in the Housing
Development Account and all moneys held by the stakeholder shall,
notwithstanding any other written law to the contrary, be deemed not to form
part of the property of the licensed housing developer in the event -
[Am. Act A1142 - Prior text read -
"Subject to paragraph 6 (b), all monies in the Housing Development Account
shall, notwithstanding any other written law to the contrary, be deemed not
to form part of the property of the licensed housing developer in the event
- "]
(a) the licensed housing developer enters into any composition
or arrangement with his creditors or has a receiving order or an
adjudication order made against him; or
(b) the licensed housing developer, being a company, goes into
voluntary or compulsory liquidation.
(6) Upon the happening of any of the event referred to in subsection (5)
-
(a) the monies in the Housing Development Account shall vest in
the official receiver, trustee in bankruptcy or liquidator as the case may
be, to be applied for all or any of the purposes for which monies in the
Housing Development Account are authorised by regulations made under this
Act to be withdrawn; and
(b) any money remaining in the Housing Development Account,
after all payments have been made pursuant to paragraph (a) and all
liabilities and obligations of the licensed housing developer under the
sale and purchase agreements in respect of the housing development have
been fully discharged and fulfilled, shall be held by the official
receiver, trustee in bankruptcy or liquidator as the case may be, as money
belonging to the licensed housing developer to be applied in accordance
with the law relating to bankruptcy of or the winding-up of a company.
(7) Notwithstanding any other written law to the contrary, all monies in
the Housing Development Account and moneys held by the stakeholder shall not
be garnished until all liabilities and obligations of the licensed housing
developer under the sale and purchase agreements in respect of the housing
development have been fully discharged and fulfilled.
[Am. Act A1142 - Prior text read - "(7)
Notwithstanding any other written law to the contrary, all monies in the
Housing Development Account shall not be garnished until all liabilities and
obligations of the licensed housing developer under the sale and purchase
agreements in respect of the housing development have been fully discharged
and fulfilled."]
(8) Subject to the provisions of the Banking and Financial Institutions
Act 1989 and the Islamic Banking Act 1983, the Minister may, if he thinks
necessary, appoint an approved company auditor to investigate the books,
accounts and transactions of a Housing Development Account and the licensed
housing developer shall pay all expenses incurred hereto.
[Am. Act A1142 - Prior text read -
"Subject to section 36 of the Banking Act 1973 (Act 102), the Minister may,
if he thinks necessary, appoint an approved company auditor to investigate
the books, accounts and transactions of a Housing Development Account and
the licensed housing developer shall pay all expenses incurred
hereto."]
(9) This section shall not apply to any housing development carried on by
a licensed housing developer where all the housing accommodation in the
housing development and the issuance of certificates of fitness for
occupation will not be offered for sale and purchase before the completion
of the housing development.
[Am. Act A1142 - Prior text read - "This
section shall not apply to any housing development carried on by a licensed
housing developer where all the housing accommodation in the housing
development will not be offered for sale and purchase before the completion
of the housing development."]
(10) Any housing developer who contravenes or fails to comply with this
section shall be guilty of an offence and shall, on conviction, be liable to
a fine which shall not be less than fifty thousand ringgit but which shall
not exceed five hundred thousand ringgit and shall also be liable to
imprisonment for a term not exceeding three years or to both.
[Am. Act A1142 - Prior text read - "Any
housing developer who contravenes or fails to comply with this section shall
be guilty of an offence and shall, on conviction, be liable to a fine which
shall not be less than ten thousand ringgit but which shall not exceed one
hundred thousand ringgit and shall also be liable to imprisonment for a term
not exceeding three years or to both."]
7B. Licensed housing developer for the purpose of sections 8, 8A, 11
and 12.
For the purpose of sections 8, 8A, 11 and 12, "licensed housing
developer" includes any housing developer whose licence has expired.
[Ins. Act A1142]
8. Arrangement or agreement affecting the business of a licensed
(1) Where a licensed housing developer proposes to enter into an
arrangement or agreement to sell, transfer, assign, dispose of or
reconstruct his business or management relating to housing development
either by amalgamation or otherwise, the licensed housing developer shall as
soon as possible notify the Controller of the proposed arrangement or
agreement and unless approved by the Controller under subsection (2), the
licensed housing developer shall not proceed with that arrangement or
agreement.
[Am. Act A1142 - Prior text read - "Where
a licensed housing developer proposes to enter into an arrangement or
agreement to sell, dispose of or reconstruct his business relating to
housing development either by amalgamation or otherwise, the licensed
housing developer shall as soon as possible notify the Controller of the
proposed arrangement or agreement and unless approved by the Controller
under subsection (2), the licensed housing developer shall not proceed with
that arrangement or agreement."]
(2) Where the Controller receiver the notification of the proposed
arrangement or agreement under subsection (1), the Controller may approve
the arrangement or agreement or refuse to give approval thereto; and in
approving the same he may impose thereon such conditions as he may deem fit
and proper for the purpose of carrying into effect the provisions of this
Act.
8A. Statutory termination of sale and purchase agreements.
(1) Notwithstanding anything contained in any agreement, a licensed
housing developer may apply to the Minister for approval to terminate all
the sale and purchase agreements entered into in respect of a housing
development or any phase of a housing development which the housing
developer is engaged in, carries on or undertakes or causes to be undertaken
if-
(a) six months after the execution of the sale and purchase
agreements, development of the housing accommodation in that housing
development or phase has not commenced; and
(b) at least seventy-five per cent of all the purchasers who
have entered into the sale and purchase agreements have agreed with the
housing developer in writing to terminate the sale and purchase
agreements.
(2) Any application made under subsection (1) shall be supported by-
(a) the written consent of the licensed housing developer and of
each of the purchasers who have agreed to terminate the sale and purchase
agreements and such consent shall have been duly executed by the licensed
housing developer and the purchaser, as the case may be, and witnessed by
his solicitors or a Commissioner for Oaths not earlier than one month
before the date of the application; and
(b) such other documents or evidence as the Minister may require
or as may be determined including such evidence which may satisfy the
Minister that the licensed housing developer is financially capable of
refunding to the purchasers and their financiers all the moneys paid by
them to the licensed housing developer if the Minister approves such
application.
(3) For the purpose of this section, joint purchasers irrespective of any
number in a sale and purchase agreement shall be considered as one
purchaser.
(4) Upon receipt of an application under subsection (1), the Minister may
grant or refuse the application for approval.
(5) In granting the approval under subsection (4) the Minister may impose
such conditions as he may deem fit and proper.
(6) The decision of the Minister shall be final and shall not be
questioned in any court and it shall be binding on the licensed housing
developer and all the purchasers and no injunction shall be granted to
restrain any person from carrying out the decision of the Minister.
(7) All the sale and purchase agreements in respect of the housing
development or the phase of a housing development which is the subject of an
approval under subsection (4) including those of the remaining purchasers
who have not agreed to the termination shall be deemed to have been duly
terminated.
(8) The licensed housing developer shall, within fourteen days from the
date of receipt of the Minister's approval, inform all the purchasers in
writing of the Minister's decision.
(9) The licensed housing developer shall refund all moneys received by
the licensed housing developer from the respective purchasers free of any
interest within the period stated in the Minister's approval.
(10) Upon receipt of the refund under subsection (9), the purchasers
shall immediately cause all encumbrances on the land to be removed and the
cost and expenses for such removal shall be borne by and may be claimed as a
civil debt from the housing developer.
(11) Any person who fails to comply with any of the provisions of this
section shall be guilty of an offence and shall, on conviction, be liable to
a fine not exceeding fifty thousand ringgit and to a further fine not
exceeding five thousand ringgit for every day during which the offence
continues after conviction.
[Ins. Act A1142]
9. Audit.
(1) Subject to subsection (2), every licensed housing developer shall
every year or as often as the need arises appoint a person approved by the
Minister to be his auditor or auditors; and where a licensed housing
developer fails to make the appointment or fails to appoint another auditor
in place of an auditor who has resigned his office or dies or whose
appointment has been terminated, the Minister may appoint any person or
persons who in his opinion is or are fit and proper to be an auditor or
auditors for the licensed housing developer in question and fix
remunerations which shall be paid to the auditor or auditors so appointed
and such remunerations shall be paid by the licensed housing developer for
whom the auditor or auditors is or are so appointed.
(2) No person having an interest in the business of a licensed housing
developer either as a shareholder or otherwise; and no director, officer,
employee or agent of a licensed housing developer shall be eligible for
appointment as an auditor of the housing developer; and where any person who
is appointed as an auditor of a licensed housing developer shall after his
appointment acquire an interest in the business of the licensed housing
developer or become a director, an officer, employee or agent of the
licensed housing developer, he shall forthwith cease to be an auditor of
that licensed housing developer.
(3) Every auditor of a licensed housing developer shall make a report to
the Controller as to the annual balance-sheet and profit and loss accounts
of the licensed housing developer for whom the auditor is appointed and
shall state in every such report whether or not in his opinion -
(a) the balance-sheet and the profit and loss accounts are
properly drawn up and so as to give a true and fair account of the state
of the licensed housing developer's affairs;
(b) the accounting and the records examined by him are properly
kept; and
(c) if the auditor has called for an explanation or information
from the officers or agents of the licensed housing developer, such
explanation or information has been satisfactory.
(4) Every auditor of a licensed housing developer shall have a right of
access at all times to the accounting and other records of the licensed
housing developer and shall be entitled to require such information and
explanation as he desires for the purpose of audit from the officers of the
licensed housing developer or from any other person who is in possession of
the information or who could give the information or explanation.
(5) In addition to the duties and powers under this section, every
auditor of a licensed housing developer may also exercise the powers and
perform the duties conferred or imposed upon the Controller and Inspectors
under section 10 relating to the investigation into the affairs of a
licensed housing developer or his accounting or other records.
PART IV
INVESTIGATION AND
ENFORCEMENT
10. Investigation.
(1) Either on his own volition or upon being directed by the Minister
under subsection (2), the Controller or an Inspector may from time to time
under conditions of secrecy investigate the commission of any offence under
this Act or investigate into the affairs of or into the accounting or other
records of any housing developer.
[Am. Act A1142 - Prior text read -
"Either on his own volition or upon being directed by the Minister under
subsection (2), the Controller or an Inspector may from time to time under
conditions of secrecy investigate into the affairs of or into the accounting
or other records of any housing developer."]
(2) The Minister may direct the Controller or an Inspector to make an
investigation under subsection (1) -
(a) if he has reason to believe that the housing developer in
question is carrying on his business in a manner detrimental to his
purchaser; or has assets insufficient to meet his liabilities or is
contravening any of the provisions of this Act; or
(b) if an application for such an investigation is made to him,
and every such application shall be supported by not less than five
purchasers and accompanied with such evidence and such security as the
Minister may require for the purpose of satisfying himself that the
application is made in good faith, and of paying the costs of such an
investigation.
(3) (deleted)
[Deleted by Act A1142 - Prior text read -
"For the purpose of making an investigation under this section the
Controller and every Inspector shall be deemed to be a public servant within
the meaning of the Penal Code (F.M.S. Cap. 45), and shall have the right of
access at all times to the accounting and other records of the housing
developer and shall be entitled to require such information and explanation
as he desires for the purpose of the investigation from officers of the
housing developer or from any other person who is in possession of the
information or who could give the explanation."]
10A. Powers of entry, search and seizure.
(1) If it appears to a Magistrate, upon written information on oath and
after such inquiry as he considers necessary, that there is reasonable cause
to believe that any premises have been used or are about to be used for, or
there is in or on any premises evidence necessary to establish, the
commission of an offence under this Act, the Magistrate may issue a warrant
authorizing an Inspector to whom it is directed, at any reasonable time by
day or night and with or without assistance-
(a) enter any premises and there search for, seize and detain
any property, book or other document;
(b) inspect, make copies of, or take extracts from, any book or
other document so seized and detained;
(c) take possession of, and remove from the premises, any
property, book or other document so seized and detained;
(d) search any person who is in, or on, such premises, and for
the purpose of such search detain such person and remove him to such place
as may be necessary to facilitate such search, and seize and detain any
property, book or other document found on such person;
(e) break open, examine, and search, any article, container or
receptacle; or stop, detain or search any conveyance.
(2) An Inspector authorized under subsection (1) may, if it is necessary
so to do-
(a) break open any outer or inner door of such premises and
enter such premises and every part of such premises;
(b) remove by force any obstruction to such entry, search,
seizure, detention or removal; or
(c) detain all or any persons found on any premises, or in any
conveyance, searched under subsection (1) until such premises or
conveyance have been searched.
(3) If an Inspector has reasonable cause to suspect by reason of delay in
obtaining a search warrant under subsection (1) that-
(a) the investigation would be adversely affected; or
(b) evidence of the commission of an offence is likely to be
tampered with, removed, damage or destroyed,
he may enter the premises and exercise in, and in respect of the
premises, all the powers referred to in subsections (1) and (2) in as full
and ample a manner as if he were authorized to do so by a warrant under
subsection (1).
(4) A list of all things seized in the course of a search made under this
section and of the places in which they are respectively found shall be
prepared by the Inspector conducting the search and signed by him.
(5) The occupant of the premises entered under subsection (1), or some
person on his behalf, shall in every instance be permitted to attend during
the search, and a copy of the list prepared and signed under subsection (4)
shall immediately be delivered to such occupant or person.
(6) An Inspector shall, unless otherwise ordered by any court-
(a) on the close of investigations or any proceedings arising
therefrom; or
(b) with the prior written consent of the Controller for the
Inspector to act on his behalf for this purpose at any time before the
close of investigations,
release any property, book or other document seized, detained or removed
by him or any other Inspector, to such person as he determines to be
lawfully entitled to the property, book or other document if he is satisfied
that it is not required for the purpose of any prosecution or proceedings
under this Act, or for the purpose of any prosecution under any other
written law.
(7) A record in writing shall be made by the Inspector effecting any
release of any property, book or other document under subsection (6) in
respect of such release specifying therein in detail the circumstances of,
and the reason for, such release.
(8) Where the Inspector is unable to determine the person who is lawfully
entitled to the property, book or other document or where there is more than
one claimant to such property, book or other document, the Inspector shall
report the matter to a Magistrate who shall then deal with the property,
book or other document as provided for in subsections 413(2), (3) and (4)
and sections 414, 415 and 416 of the Criminal Procedure Code [Act 593].
[Ins. Act A1142]
10B. Search of person.
(1) An Inspector may search any person whom he has reason to believe has
on his person any property, book or other document, or other article
necessary, in his opinion, for the purpose of an investigation into any
offence under this Act, and for the purpose of such search may detain such
person for such period as may be necessary to have the search carried out,
which shall not in any case exceed twenty-four hours without the
authorization of a Magistrate, and may remove him in custody to such place
as may be necessary to facilitate such search.
(2) An Inspector making a search of a person under subsection (1) may
seize, detain, or take possession of any property, book or other document,
or article, found upon such person for the purpose of the investigation
being carried out by him.
(3) No female person shall be searched under this section or under
section 10A except by another female person and with strict regard for
decency.
[Ins. Act A1142]
10C. Obstruction to exercise of powers by an Inspector.
No person shall-
(a) refuse any Inspector exercising his powers under section 10A
or 10B access to any premises or any part of such premises, or fail to
submit to the search of his person;
(b) assault, obstruct, hinder or delay such Inspector in
effecting any entrance which he is entitled to effect;
(c) fail to comply with any lawful demands of any Inspector in
the execution of his duties under section 10A or 10B;
(d) refuse to give to an Inspector any information which may
reasonably be required of him and which he has it in his power to give;
(e) fail to produce to, or conceal or attempt to conceal from,
an Inspector, any property, book, other document, or article in relation
to which an Inspector has reasonable grounds for suspecting that an
offence has been or is being committed under this Act;
(f) rescue or endeavour to rescue any thing which has been duly
seized;
(g) furnish to the Inspector as true any information which he
knows or has reason to believe to be false; or
(h) before or after any seizure, break or otherwise destroy any
thing to prevent the seizure or the securing of the thing.
[Ins. Act A1142]
10D. Requirement to provide translation.
(1) Where an Inspector finds, seizes, detains, or takes possession of any
book or other document in the exercise of any power under this Act, and such
book or other document or any part of it is in a language other than the
national language or the English language, or in any sign or code, the
Inspector may orally or in writing require the person who had the
possession, custody or control of such book or other document, to furnish to
the Inspector a translation in the national language of such book or other
document within such period as, in the opinion of the Inspector, would be
reasonable having regard to the length of the book or other document, or
other circumstances relating to it.
(2) No person shall knowingly furnish a translation under subsection (1)
which is not an accurate, faithful and true translation, or knowingly make a
translation under that subsection which is not accurate, faithful and true.
[Ins. Act A1142]
10E. Power to examine persons.
(1) Where an Inspector suspects any person to have committed an offence
under this Act, he may, if in his opinion it is reasonably necessary to do
so for the purposes of investigating into such offence-
(a) order any person orally or in writing to attend before the
Inspector for the purpose of being examined orally by the Inspector in
relation to any matter which may, in the opinion of the Inspector, assist
in the investigation into the offence;
(b) order any person orally or in writing to produce before the
Controller or the Inspector books, other documents, property, articles, or
things which may, in the opinion of the Controller or the Inspector,
assist in the investigation into the offence; or
(c) by written notice require any person to furnish a statement
in writing made on oath or affirmation setting out in the notice all such
information which may be required under the notice, being information
which, in the opinion of the Controller, would be of assistance in the
investigation into the offence.
(2) A person to whom an order under paragraph (l)(a) or (b),
or a written notice under paragraph (l)(c), has been given shall
comply with the terms of such order or written notice, as the case may be,
and, in particular-
(a) a person to whom an order under paragraph (1)(a) has
been given shall attend in accordance with the terms of the order to be
examined, and shall continue to so attend from day to day as directed by
the Inspector until the examination is completed, and shall during such
examination disclose all information which is within his knowledge, or
which is available to him, or which is capable of being obtained by him,
in respect of the matter in relation to which he is being examined,
whether or not any question is put to him with regard thereto, and where
any question is put to him he shall answer the question truthfully and to
the best of his knowledge and belief, and shall not refuse to answer any
question on the ground that it tends to incriminate him;
(b) a person to whom an order has been given under paragraph (1)(b)
shall not conceal, hide, destroy, alter, remove from or send out of
Malaysia, or deal with, expend, or dispose of, any book, other document,
property, article, or thing specified in the order, or alter or deface any
entry in any such book or other document, or cause such act to be done, or
assist or conspire to do the act; and
(c) a person to whom a written notice has been given under
paragraph (1)(c) shall, in his statement made on oath or
affirmation, furnish and disclose truthfully all information required
under the notice which is within his knowledge, or which is available to
him, or which is capable of being obtained by him, and shall not fail to
furnish or disclose the information on the ground that it tends to
incriminate him.
(3) A person to whom an order or a notice is given under subsection (1)
shall comply with such order or notice and with the provisions of subsection
(2) in relation to the order or notice, notwithstanding the provisions of
any written law, whether enacted before or after the commencement of this
Act, or of any oath, undertaking or requirement of secrecy, to the contrary,
or of any obligation under any contract, agreement of arrangement, whether
express or implied, to the contrary.
(4) Where any person discloses any information or produces any property,
book, other document, article, or thing, pursuant to subsections (1) and
(2), neither the first-mentioned person, nor any other person on whose
behalf or direction or as whose agent or employee the first-mentioned person
may be acting, shall, on account of such disclosure or production, be liable
to any prosecution for any offence under or by virtue of any law, or to any
proceeding or claim in any form or of any description by any person under or
by virtue of any agreement or arrangement, or otherwise.
(5) An Inspector may seize, take possession of and retain for such
duration as he deems necessary, any property, book, other document, article
or thing produced before him in the course of an investigation under
subsection (1), or search the person who is being examined by him under
paragraph (1)(a), or who produces anything to him under paragraph (1)(b),
for ascertaining whether anything relevant to the investigation is
concealed, upon such person or is otherwise upon such person.
(6) An examination under paragraph (1)(a) shall be reduced into
writing by the Inspector and shall be read to and signed by the person being
examined, and where such person refuses to sign the record, the Inspector
shall endorse on the record under his hand the fact of such refusal and the
reasons for such refusal, if any, stated by the person examined.
(7) The record of an examination under paragraph (1)(a), or a
written statement on oath or affirmation made pursuant to paragraph (1)(c),
or any property, book, other document, article or thing produced under
paragraph (1)(b) or in the course of an examination under paragraph
(1)(a) or under a written statement on oath or affirmation made
pursuant to paragraph (1)(c), shall, notwithstanding any written law
or rule of law to the contrary, be admissible in evidence in any proceedings
in any court-
(a) for, or in relation to, an offence under this Act; or
(b) for, or in relation to, any other matter under this Act,
regardless whether such proceedings are against the person who was
examined, or who produced the property, book, other document, article or
thing, or who made the written statement on oath or affirmation, or against
any other person.
[Ins. Act A1142]
10F. Specific persons in respect of whom powers of investigation may
be exercised.
The powers of investigation conferred by this Act on an Inspector, may be
exercised by him against-
(a) any past or present business associate; or
(b) any person who is or was concerned in the control or
management, in whole or in part of the affairs,
of the person suspected to have committed an offence under this Act.
[Ins. Act A1142]
10G. Assistance to police or other public officer.
The Controller may on his own initiative, or on the request of an
Inspector-
(a) supply to a police officer or any other public officer a
copy of any book or other document seized, detained or taken possession of
under section 10A or 10B, or of any record of examination under paragraph
10E(l)(a), or of any written statement on oath or affirmation made
under paragraph 10E(l)(c), or of any book or other document
produced under paragraph 10E(l)(b), or otherwise in the course of
any examination under paragraph 10E(l)(a), or under any written
statement on oath or affirmation made pursuant to paragraph 10E(l)(c),
and such police officer or other public officer may make such use of such
copy of such record, statement, book or other document as may be necessary
or expedient in relation to the exercise of his powers, the performance of
his functions, or the discharge of his duties, in respect of any person;
or
(b) allow a police officer or any other public officer to have
access to and inspect any property, book, other document, article or thing
which had been produced before, or seized, detained or taken possession
of, by an Inspector under this Act, and such police or other public
officer may make such use of any knowledge gained by such access or
inspection as may be necessary or expedient in relation to the exercise of
his powers, the performance of his functions, or the discharge of his
duties, in respect of any person.
[Ins. Act A1142]
10H. Protection of informers.
(1) Except as provided in subsection (3), no witness in any civil or
criminal proceedings shall be obliged or permitted to disclose the name or
address of any informer or the substance and nature of the information
received from him or to state any matter which may lead to his discovery.
(2) If any books, documents, records or papers which are in evidence or
are liable to inspection in any civil or criminal proceedings contain any
entry in which any informer is named or described or which might lead to his
discovery, the court shall cause all such passages to be concealed from view
or to be obliterated so far only as may be necessary to protect the informer
from discovery.
(3) If on trial for any offence under this Act the court after full
inquiry into the case believes that the informer willfully made in his
complaint a material statement which he knew or believed to be false or did
not believe to be true, or if in any other proceeding the court is of the
opinion that justice cannot be fully done between the parties to the
proceeding without the discovery of the informer, it shall be lawful for the
court to require the production of the original complaint, if in writing,
and permit enquiry, and require full disclosure, concerning the informer.
[Ins. Act A1142]
10I. Authority to act.
An Inspector when acting under this Part shall on demand declare his
office and produce to the person against whom he is acting such written
authorization as the Controller may direct to be carried by such Inspector.
[Ins. Act A1142]
10J. Limitation on the powers of an Inspector.
No Inspector shall be entitled to exercise any of the powers under this
Part without prior written authorization from the Controller.
[Ins. Act A1142]
PART V
POWERS OF MINISTER
11. Powers of the Minister to give directions for the purpose of
safeguarding the interests of purchasers.
(1) Where on his own volition a licensed housing developer informs the
Controller or where as a result of an investigation made under section 10 or
for any other reason the Controller is of the opinion that the licensed
housing developer becomes unable to meet his obligations to his purchasers
or is about to suspend his building operations or is carrying on his
business in a manner detrimental to the interests of his purchasers, the
Minister may without prejudice to the generality of the powers of the
Minister to give directions under section 12 for the purpose of safeguarding
the interests of the purchasers of the licensed housing developer -
(a) direct the licensed housing developer in question to take
such steps as he may consider necessary to rectify any matter or
circumstance;
(b) direct that a person be appointed or himself appoint a
person to advise the licensed housing developer in the conduct of his
business;
(c) with the concurrence of the Minister of Finance direct a
company to assume control and carry on the business of the housing
developer upon such terms and conditions as the Minister may determine;
(ca) certify that the licensed housing developer has abandoned
the housing development;
[Ins. Act A1142]
(d) direct that the licensed housing developer present a
petition to the High Court for the winding up of his business; or
(e) take such action as the Minister may consider necessary in
the circumstances of the case for carrying into effect the provisions of
this Act.
(1A) In giving his direction or decision under paragraph (1)(a),
(b), (c) or (e), the Minister may specify that any cost and
expense reasonably incurred by such persons as may be specified by the
Minister in carrying out such direction or decision of the Minister shall be
paid from the Housing Development Account of the housing development or from
the moneys due to the Account.
[Ins. Act A1142]
(2) Every such direction of the Minister made under subsection (1) shall
be binding on the licensed housing developer and the purchasers.
[Am. Act A1142 - Prior text read - "Every
such direction of the Minister made under subsection (1) shall be binding on
the licensed housing developer."]
(3) Where a company has, in pursuance of a direction of the Minister
under paragraph (1) (c), assumed control of and carried on the
business of a licensed housing developer, the following provisions shall
apply -
(a) the licensed housing developer in question shall submit his
business to the control of the company and shall provide the company with
such facilities as the Controller may consider necessary for the purpose
of carrying on the business of the licensed housing developer;
(b) the company shall take over and become in control of and
continue to carry on the business of the licensed housing developer until
such time as the Minister may in writing otherwise direct; and
(c) every such assumption and cessation of control of the
business of a licensed housing developer pursuant to a direction of the
Minister made under paragraph (1) (c) shall be published by the
Controller in the Gazette.
12. Powers of the Minister to give general directions.
The Minister may give to a licensed housing developer such directions
as he considers fit and proper for the purpose, of ensuring compliance
with this Act, and any such direction shall be made in writing and shall
be binding on the licensed housing developer to whom the direction is
made.
13. Revocation and suspension of a licence.
If any licensed housing developer -
(a) is carrying on his business, in the opinion of the
Controller, in a manner detrimental to the interest of the purchasers or
to any member of the public;
(b) has insufficient assets to cover his liabilities;
(c) is contravening any of the provisions of this Act; or
(d) has ceased to carry on housing development in West Malaysia,
the Controller may subject to the provisions of section 14 relating to
the giving of opportunity of being heard revoke the licence issued to the
licensed housing developer or suspend it for such period as the Controller
may determine.
13A. Controller to report the conduct of an architect or engineer.
Where the Controller is satisfied that the conduct of an architect or
engineer of a housing developer has prejudiced the interest of the purchaser
of the licensed housing developer, the Controller may report such conduct of
the architect or engineer to his respective professional body.
[Ins. Act A1142]
13B. Transfer or assignment of a licence.
No licence or any right to the licence issued to a housing developer
under this Act shall be transferred or assigned and any such transfer or
assignment shall be void.
[Ins. Act A1142]
14. Opportunity of being heard to be afforded before revocation or
suspension of a licence and in certain other cases.
Before revoking or suspending a licence under section 13 or before
varying, cancelling or altering any conditions imposed on a licence or
before imposing thereon any new or additional conditions under subsection 5
(5), the Controller shall notify the housing developer who is affected by
the action proposed to be taken by the Controller of the aforesaid proposed
action and shall give the licensed housing developer an opportunity to
submit reasons or an explanation why the aforesaid proposed action should
not be carried out.
15. Individual not eligible to take part in management of the
business of a licensed housing developer.
(1) Without prejudice to anything contained in any written law relating
to companies, co-operative societies, societies and partnerships, any person
who acts or holds office of a director, manager or secretary of a licensed
housing developer or a similar office or position shall cease to hold that
office or position -
(a) if he becomes bankrupt or suspends payment or compounds with
his creditors; or
(b) if he is convicted of an offence involving dishonesty or
fraud.
(2) No person who has been a director of, or been directly concerned in
the management of, the business of a licensed housing developer which has
been wound up by a court shall, without the approval in writing of the
Minister, act or continue to act as a director of, or be directly concerned
in, the management of the business of any licensed housing developer.
16. Right of appeal to the Minister by an aggrieved licensed housing
developer against the decision of the Controller.
An applicant applying under subsection 5 (3) or a licensed housing
developer, as the case may be, who is aggrieved by the action or decision of
the Controller -
(a) in refusing to grant a licence to him under section 5;
(b) in varying, altering or cancelling any conditions of his
licence or imposing thereon any new or additional conditions under
subsection 5 (5);
(c) in refusing to give approval to an arrangement or agreement
proposed to be entered into by a licensed housing developer under section
8, or in approving the same but subject to conditions being imposed
thereon; or
(d) in revoking or suspending his licence under section 13,
may, within fourteen days after having been notified of the action or
decision of the Controller appeal against that action or decision to the
Minister; and the decision of the Minister made thereon shall be final and
shall not be questioned in any court.
PART VI
TRIBUNAL FOR HOMEBUYER
CLAIMS
16A. Meaning of "homebuyer".
For the purpose of this Part, "homebuyer" means a purchaser and includes
a person who has subsequently purchased a housing accommodation from the
first purchaser of the housing accommodation.
[Ins. Act A1142]
16B. Establishment of Tribunal for Homebuyer Claims.
A tribunal to be known as the "Tribunal for Homebuyer Claims" is
established.
[Ins. Act A1142]
16C. Membership of Tribunal.
(1) The Tribunal shall consist of the following members:
(a) a Chairman and a Deputy Chairman to be appointed by the
Minister from amongst members of the Judicial and Legal Service; and
(b) not less than five other members to be appointed by the
Minister from amongst persons who are members of the Judicial and Legal
Service or advocates and solicitors of the High Court in Malaya and have
practised for not less than seven years.
(2) The members referred to in paragraph (1)(b)-
(a) shall hold office for a term not exceeding three years; and
(b) shall be eligible for reappointment upon the expiry of his
term of office but shall not be appointed for more than three consecutive
terms.
[Ins. Act A1142]
16D. Temporary exercise of functions of Chairman.
Where the Chairman is for any reason unable to perform his functions or
during any period of vacancy in the office of the Chairman, the Deputy
Chairman shall perform the functions of the Chairman.
[Ins. Act A1142]
16E. Vacation of office.
The office of a member of the Tribunal shall become vacant-
(a) upon the death of the member;
(b) upon the member resigning from such office by giving three
months' written notice to the Minister;
(c) upon the expiry of his term of office; or
(d) upon the member ceasing to be a member of the Judicial and
Legal Service or an advocate and solicitor of the High Court in Malaya.
[Ins. Act A1142]
16F. Revocation of appointment.
The Minister may revoke the appointment of a member of the Tribunal
appointed under paragraph 16C(1)(b)-
(a) if his conduct, whether in connection with his duties as a
member of the Tribunal or otherwise, has been such as to bring discredit
to the Tribunal;
(b) if he has become incapable of properly carrying out his
duties as a member of the Tribunal;
(c) if there has been proved against him, or he has been
convicted on, a charge in respect of-
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under a law relating to corruption;
(iii) an offence under this Act; or
(iv) any other offence punishable with imprisonment for more than two
years;
(d) if he is adjudicated a bankrupt;
(e) if he has been found or declared to be of unsound mind or
has otherwise become incapable of managing his affairs; or
(f) if he absents himself from three consecutive sittings of the
Tribunal without leave of the Chairman.
[Ins. Act A1142]
16G. Resignation.
A member of the Tribunal appointed under paragraph 16C(1)(b) may
at any time resign his office by giving three months' written notice to the
Minister.
[Ins. Act A1142]
16H. Filling of vacancy.
Where a member ceases to be a member of the Tribunal, the Minister may
appoint another person to fill the vacancy.
[Ins. Act A1142]
16I. Remuneration.
(1) The members of the Tribunal appointed under paragraph 16C(1)(a)
shall be paid such fixed allowances and other allowances as the Minister may
determine.
(2) The members of the Tribunal appointed under paragraph 16C(1)(b)
shall be paid-
(a) a daily sitting allowance during the sitting of the
Tribunal; and
(b) such lodging, travelling and subsistence allowances,
as the Minister may determine.
(3) The remuneration provided for in subsections (1) and
(2) shall be charged on the Consolidated Fund.
[Ins. Act A1142]
16J. Secretary to Tribunal and other officers.
(1) There shall be appointed a Secretary to the Tribunal and such number
of officers as may be necessary for carrying out the functions of the
Tribunal.
(2) The Chairman shall have general control of the officers of the
Tribunal.
(3) For the purposes of this Act, the Secretary to the Tribunal shall be
deemed to be an officer of the Tribunal.
[Ins. Act A1142]
16K. Sittings of Tribunal.
(1) The jurisdiction of the Tribunal shall be exercised by any of the
following persons sitting alone:
(a) the Chairman of the Tribunal;
(b) the Deputy Chairman of the Tribunal; or
(c) any member of the Tribunal determined by the Chairman.
(2) The Tribunal may sit in one or more sittings on such day and at such
time and place as the Chairman may determine.
(3) If the person presiding over any proceedings in respect of a claim
dies or becomes incapacitated, or is for any other reason unable to complete
or dispose of the proceedings, the claim shall be heard afresh by another
member of the Tribunal, unless the parties agree that the claim be continued
by another member of the Tribunal.
(4) Where the term of appointment of any member of the Tribunal under
this section expires during the pendency of any proceedings in respect of a
claim, the term of his appointment shall be deemed to be extended until the
final disposal of the claim.
[Ins. Act A1142]
16L. Commencement of proceedings.
A homebuyer may lodge with the Tribunal a claim in the prescribed form
together with the prescribed fee claiming for any loss suffered or any
matter concerning his interests as a homebuyer under this Act.
[Ins. Act A1142]
16M. Jurisdiction of Tribunal.
(1) Subject to sections 16N and 16O, the Tribunal shall have jurisdiction
to determine a claim lodged under section 16L where the total amount in
respect of which an award of the Tribunal is sought does not exceed
twenty-five thousand ringgit.
(2) Subject to subsection (1), a respondent to a claim may raise a debt
or liquidated demand as-
(a) a defence; or
(b) a counter-claim.
(3) Where a respondent raises a debt or liquidated demand under
subsection (2) and the debt or demand is proved the Tribunal shall-
(a) give effect to the defence; or
(b) hear and determine the counter-claim notwithstanding that
the original claim is withdrawn, abandoned or struck out.
(4) Any claim lodged with the Tribunal may include loss or damage of a
consequential nature.
[Ins. Act A1142]
16N. Limitation of jurisdiction.
(1) Except as expressly provided under this Act, the Tribunal shall have
no jurisdiction in respect of any claim-
(a) for the recovery of land, or any estate or interest in land;
and
(b) in which there is a dispute concerning-
(i) the entitlement of any person under a will or settlement, or on
intestacy (including partial intestacy);
(ii) goodwill;
(iii) any chose in action; or
(iv) any trade secret or other intellectual property right.
(2) The jurisdiction of the Tribunal shall be limited to a claim that is
based on a cause of action arising from the sale and purchase agreement
entered into between the homebuyer and the licensed housing developer which
is brought by a homebuyer not later than twelve months from the date of
issuance of the certificate of fitness for occupation for the housing
accommodation or the expiry date of the defects liability period as set out
in the sale and purchase agreement.
(3) Notwithstanding subsection (2) no claim shall be affected or defeated
on the ground that no sale and purchase agreement has been entered into
between the homebuyer and the licensed housing developer at the time when
the cause of action accrues if there exists a previous dealing between the
homebuyer and the licensed housing developer in respect of the acquisition
of the housing accommodation.
(4) Nothing in this section shall be deemed to authorize the Tribunal to
deal with a claim arising from personal injury or death.
(5) For the purposes of subsection (1), "land" does not include fixtures.
[Ins. Act A1142]
16O. Extension of jurisdiction by agreement.
(1) Notwithstanding that the amount or value of the subject-matter
claimed or in issue exceeds twenty-five thousand ringgit, the Tribunal shall
have jurisdiction to hear and determine the claim if the parties have
entered into an agreement in writing that the Tribunal shall have
jurisdiction to hear and determine the claim.
(2) An agreement may be made under subsection (1)-
(a) before a claim is lodged under section 16L; or
(b) where a claim has been lodged under section 16L, at any time
before the Tribunal has recorded an agreed settlement in respect of the
claim under subsection 16T(3) or has determined the claim under section
16y, as the case may be.
[Ins. Act A1142]
16P. Abandonment to bring claim within jurisdiction.
(1) A claimant may abandon so much of a claim as exceeds twenty-five
thousand ringgit in order to bring the claim within the jurisdiction of the
Tribunal.
(2) Where a part of a claim has been abandoned under subsection (1), the
Tribunal's record of an agreed settlement under subsection 16T(3) or the
Tribunal's award under section 16Y, as the case may be, in relation to the
claim shall operate to discharge the person-
(a) who is a party to that agreed settlement; or
(b) against whom the claim is brought and the subsequent award
is made,
from liability in respect of the amount so abandoned.
[Ins. Act A1142]
16Q. Cause of action not to be split.
Claims may not be split, nor more than one claim brought, in respect of
the same matter against the same party for the purpose of bringing it within
the jurisdiction of the Tribunal.
[Ins. Act A1142]
16R. Exclusion of jurisdiction of court.
(1) Where a claim is lodged with the Tribunal and the claim is within the
Tribunal's jurisdiction, the issues in dispute in that claim, whether as
shown in the initial claim or as emerging in the course of the hearing,
shall not be the subject of proceedings between the same parties in any
court unless-
(a) the proceedings before the court were commenced before the
claim was lodged with the Tribunal; or
(b) the claim before the Tribunal is withdrawn, abandoned or
struck out.
(2) Where paragraph (1)(a) applies, the issues in dispute in the
claim to which those proceedings relate, whether as shown in the initial
claim or emerging in the course of the hearing, shall not be the subject of
proceedings between the same parties before the Tribunal unless the claim
before the court is withdrawn, abandoned or struck out.
[Ins. Act A1142]
16S. Notice of claim and hearing.
Upon a claim being lodged under section 16L, the Secretary to the
Tribunal shall give notice of the details of the day, time and place of
hearing in the prescribed form to the claimant and the respondent.
[Ins. Act A1142]
16T. Negotiation for settlement.
(1) The Tribunal shall, as regards every claim within its jurisdiction,
assess whether, in all the circumstances, it is appropriate for the Tribunal
to assist the parties to negotiate an agreed settlement in relation to the
claim.
(2) Without limiting the generality of subsection (1), in making an
assessment the Tribunal shall have regard to any factors that, in the
opinion of the Tribunal, are likely to impair the ability of either or both
of the parties to negotiate an agreed settlement.
(3) Where the parties reach an agreed settlement, the Tribunal shall
approve and record the settlement and the settlement shall then take effect
as if it were an award of the Tribunal.
(4) Where-
(a) it appears to the Tribunal that it would not be appropriate
for it to assist the parties to negotiate an agreed settlement in relation
to the claim; or
(b) the parties are unable to reach an agreed settlement in
relation to the claim,
the Tribunal shall proceed to determine the dispute.
16U. Right to appear at hearings.
(1) At the hearing of a claim every party shall be entitled to attend and
be heard.
(2) No party shall be represented by an advocate and solicitor at a
hearing unless in the opinion of the Tribunal the matter in question
involves complex issues of law and one party will suffer severe financial
hardship if he is not represented by an advocate and solicitor; but if one
party is subsequently allowed to be represented by an advocate and solicitor
then the other party shall also be so entitled.
(3) Subject to subsection (2) but notwithstanding section 37 of the Legal
Profession Act 1976 [Act 166]-
(a) a corporation or an unincorporated body of persons may be
represented by a full-time paid employee of the corporation or body;
(b) a minor or any other person under a disability may be
represented by his next friend or guardian ad item.
(4) Where a party is represented as permitted under subsection (3), the
Tribunal may impose such conditions as it considers necessary to ensure that
the other party to the proceedings is not substantially disadvantaged.
[Ins. Act A1142]
16V. Proceedings to be public.
All proceedings before the Tribunal shall be open to the public.
[Ins. Act A1142]
16W. Evidence.
(1) The Tribunal may-
(a) procure and receive all such evidence on oath or
affirmation, whether written or oral, and examine all such persons as
witnesses, as the Tribunal thinks necessary to procure, receive or
examine;
(b) require the production before it of books, papers,
documents, records and things;
(c) administer such oath, affirmation or statutory declaration
as the case may require;
(d) seek and receive such other evidence and make such other
inquiries as it thinks fit;
(e) summon the parties to the proceedings or any other person to
attend before it to give evidence or to produce any document, records or
other thing in his possession or otherwise to assist the Tribunal in its
deliberations;
(f) receive expert evidence; and
(g) generally direct and do all such things as may be necessary
or expedient for the expeditious determination of the claim.
(2) A summons issued under this section shall be served and enforced as
if it were a summons issued by a subordinate court.
[Ins. Act A1142]
16X. Tribunal may act in absence of party.
The Tribunal may hear and determine the claim before it notwithstanding
the absence of any party to the proceedings if it is proved to the
satisfaction of the Tribunal that a notice of the hearing has been duly
served on the absent party.
[Ins. Act A1142]
16Y. Awards of the Tribunal.
(1) The Tribunal shall make its award without delay and, where
practicable, within sixty days from the first day the hearing before the
Tribunal commences.
(2) An award of the Tribunal under subsection (1) may require one or more
of the following:
(a) that a party to the proceedings pay money to any other
party;
(b) that the price or other consideration paid by the homebuyer
or any other person be refunded to the homebuyer or that person;
(c) that a party comply with the sale and purchase agreement;
(d) that money be awarded to compensate for any loss or damage
suffered by the claimant;
(e) that the contract be varied or set aside, wholly or in part;
(f) that costs to or against any party be paid;
(g) that interest be paid on any sum or monetary award at a rate
not exceeding eight per centum per annum, unless it has been otherwise
agreed between the parties;
(h) that the claim is dismissed.
(3) Nothing in paragraph (2)(d) or (e) shall be deemed to
empower the Tribunal to award any damages for any non-pecuniary loss or
damage.
[Ins. Act A1142]
16Z. Reference to a Judge of the High Court on a question of law.
(1) Before the Tribunal makes an award under section 16Y, it may, in its
discretion, refer to a Judge of the High Court a question of law-
(a) which arose in the course of the proceedings;
(b) which, in the opinion of the Tribunal, is of sufficient
importance to merit such reference; and
(c) the determination of which by the Tribunal raises, in the
opinion of the Tribunal, sufficient doubt to merit such reference.
(2) If the Tribunal refers any question of law under subsection (1) for
the decision of a Judge of the High Court, it shall make its award in
conformity with such decision.
(3) A Federal Counsel authorized by the Attorney General for the purpose
may appear on behalf of the Tribunal in any proceedings before a Judge of
the High Court under this section.
[Ins. Act A1142]
16AA. Reasons for decision.
The Tribunal shall in all proceedings give its reasons for its award in
the proceedings.
[Ins. Act A1142]
16AB. Orders and settlement to be recorded in writing.
The Tribunal shall make or cause to be made a written record of the terms
of-
(a) every agreed settlement reached by the parties under
subsection 16T(3); and
(b) every award made by it under section 16Y.
[Ins. Act A1142]
16AC. Decisions of Tribunal to be final.
(1) Every agreed settlement recorded by the Tribunal under subsection 16T
(3) and every award made by the Tribunal under section 16Y-
(a) shall be final and binding on all parties to the
proceedings; and
(b) shall be deemed to be an order of a Magistrate's Court and
be enforced accordingly by any party to the proceedings;
(2) For the purpose of paragraph (1)(b), the Secretary to the
Tribunal shall send a copy of the award made by the Tribunal to the
Magistrate's Court having jurisdiction in the place to which the award
relates or in the place where the award was made and the Court shall cause
the copy to be recorded.
[Ins. Act A1142]
16AD. Criminal penalty for failure to comply.
(1) Any person who fails to comply with an award made by the Tribunal
within the period specified therein commits an offence and shall on
conviction be liable to a fine not exceeding five thousand ringgit or to
imprisonment for a term not exceeding two years or to both.
(2) In the case of a continuing offence, the offender shall, in addition
to the penalties under subsection (1), be liable to a fine not exceeding one
thousand ringgit for each day or part of a day during which the offence
continues after conviction.
[Ins. Act A1142]
16AE. Procedure where no provision is made.
Subject to this Act and to any regulations, the Tribunal shall adopt such
procedure as it thinks fit and proper.
[Ins. Act A1142]
16AF. Want of form.
No proceedings of the Tribunal or award or other document of the Tribunal
shall be set aside or quashed for want of form.
[Ins. Act A1142]
16AG. Disposal of documents, etc.
(1) The Tribunal may, at the conclusion of the proceedings before it,
order that any document, record, material or other property produced during
the proceedings be delivered to the rightful owner or be disposed of in such
manner as it thinks fit.
(2) Where no person has taken delivery of the document, record, material
or other property referred to in subsection (1) after a period of six
months, the ownership in the document, record, material or other property
shall be deemed to have passed to and become vested in the Government.
[Ins. Act A1142]
16AH. Act or omission done in good faith.
No action or suit shall be instituted or maintained in any court against-
(a) the Tribunal;
(b) a member of the Tribunal; or
(c) a person authorized to act for or on behalf of the Tribunal,
for any act or omission done in good faith in the performance of its or
his functions and the exercise of its or his powers under this Act.
[Ins. Act A1142]
16AI. Regulations in respect of the Tribunal.
(1) The Minister may make such regulations as may be necessary or
expedient in respect of the Tribunal.
(2) Without prejudice to the generality of subsection (1), regulations
may be made for-
(a) prescribing the responsibilities of members of the Tribunal;
(b) prescribing the procedure of the Tribunal;
(c) prescribing the forms to be used in proceedings under this
Part;
(d) prescribing and imposing fees and providing for the manner
for collecting and disbursing such fees;
(e) prescribing anything required to be prescribed under this
Part.
[Ins. Act A1142]
PART VII
MISCELLANEOUS
17. Indemnity and protection against suit and proceedings.
No action shall lie against the Government, the Minister, the Controller,
Inspector or against any officer of the Government or any person acting
under the direction of the Minister, the Controller or Inspector for damages
in any civil court for anything bona fide done, ordered or omitted to
be done pursuant to this Act; and all actions which may lawfully be brought
in respect of anything done, ordered or omitted to be done pursuant to this
Act shall be instituted within six months from the date of the act or
omission complained of, and not afterwards.
18. Offences relating to a licence under section 5.
Any housing developer who -
(a) in contravention of subsection 5(1) engages in, carries out,
or undertakes housing development without having been duly licensed under
that section;
(b) in contravention of subsection 5 (2) assumes or uses in
relation to his business or any part of his business the words "housing
developer" or any of the derivatives or any other word or words indicating
the carrying on of the business of housing development; or
(c) fails to comply with any of the conditions imposed on the
licence granted under section 5,
shall be guilty of an offence and shall, on conviction, be liable to a
fine which shall not be less than fifty thousand ringgit but which shall not
exceed five hundred thousand ringgit or to imprisonment for a term not
exceeding five years or to both.
[Am. Act A1142 - Prior text read - "shall be guilty of
an offence and shall, on conviction, be liable to a fine which shall not be
less than ten thousand ringgit but which shall not exceed one hundred
thousand ringgit or to imprisonment for a term not exceeding five years or
to both."]
19. Offences by a housing developer.
Any housing developer who -
(a) in contravention of any of the provisions of section 7 fails
to perform any of the duties imposed by that section;
(aa) enters into an arrangement or agreement in contravention of
section 8 or fails to comply with any condition imposed pursuant to
subsection (2) of that section;
(b) (deleted)
[Deleted by Act A1142 - Prior text read - "(b) after
having been required by the auditor or by the Controller or an Inspector
to afford the auditor, the Controller or Inspector access to the
accounting or other records of a housing developer or to furnish any
information or explanation, in contravention of subsection 10 (3) fails to
comply with that request;"]
(c) after the Minister has, pursuant to paragraph 11 (1) (c),
directed a company to assume control of and carry on the business of the
housing developer, in contravention of subsection 11 (3) fails to submit
his business to the control of that company or fails to provide the
company with such facilities as the Controller may consider necessary for
the purpose of carrying on the business of the licensed housing developer;
(cc) fails to comply with any direction given by the Minister
under paragraph 11(1) (a), (b), (d) or (e); or
(d) in contravention of section 12, fails to comply with any
direction given by the Minister under that section,
shall be guilty of an offence and shall, on conviction, be liable to a
fine not exceeding fifty thousand ringgit or to imprisonment for a term not
exceeding three years or to both and shall also be liable to a further fine
not exceeding five hundred ringgit for every day during which the offence is
continued after the conviction.
[Am. Act A1142 - Prior text read - "shall be guilty of
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding three years or
to both and shall also be liable to a further fine of five hundred ringgit
for every day during which the offence is continued after the conviction."]
20. Offences by a director of or a person connected with the business
of a licensed housing developer in certain cases.
Any person who -
(a) in contravention of subsection 15 (1) continues to act as or
hold office of a director, manager or secretary of a licensed housing
developer or any similar office or position in the employ of the licensed
housing developer notwithstanding that he has become bankrupt or suspended
payment to or compounded with his creditors or is convicted of an offence
involving fraud or dishonesty; or
(b) in contravention of subsection 15 (2) acts as or holds or
continues to act as or hold office of a director or is directly concerned
in the management of the business of any licensed housing developer
without the approval in writing of the Minister after the business of that
licensed housing developer has been wound up by a court,
shall be guilty of an offence and shall, on conviction, be liable to
imprisonment for a term which shall not be less than twelve months but which
shall not exceed three years and shall also be liable to a fine not
exceeding fifty thousand ringgit.
[Am. Act A1142 - Prior text read - "shall be guilty of
an offence and shall, on conviction, be liable to imprisonment for a term
which shall not be less than twelve months but which shall not exceed three
years and shall also be liable to a fine not exceeding ten thousand ringgit."]
21. Penalty for offences not otherwise provided for.
Any housing developer guilty of an offence against this Act for which no
penalty is expressly provided shall, on conviction, be liable to a fine not
exceeding fifty thousand ringgit or to imprisonment for a term not exceeding
three years or to both.
[Am. Act A1142 - Prior text read - "Any housing
developer guilty of an offence against this Act for which no penalty is
expressly provided shall, on conviction, be liable to a fine not exceeding
ten thousand ringgit or to imprisonment for a term not exceeding three years
or to both."]
22. Liability of director, manager and other officials for offences
(1) Where any offence against any provision of this Act has been
committed by a housing developer, any person who at the time of the
commission of the offence was a director, manager or secretary or holds any
similar office or position or was an agent, clerk or servant of the housing
developer shall be deemed to be guilty of that offence, unless he proves
that the offence was committed without his consent or connivance and that he
exercised all such diligence to prevent the commission of the offence as he
ought to have exercised, having regard to the nature of his functions in
that capacity and to all the circumstances, and shall, on conviction, be
liable to imprisonment for a term which shall not be less than twelve months
but which shall not exceed three years and shall also be liable to a fine
not exceeding fifty thousand ringgit.
[Am. Act A1142 - Prior text read - "Where any offence
against any provision of this Act has been committed by a housing developer,
any person who at the time of the commission of the offence was a director,
manager or secretary or holds any similar office or position or was an
agent, clerk or servant of the housing developer shall be deemed to be
guilty of that offence, unless he proves that the offence was committed
without his consent or connivance and that he exercised all such diligence
to prevent the commission of the offence as he ought to have exercised,
having regard to the nature of his functions in that capacity and to all the
circumstances, and shall, on conviction, be liable to imprisonment for a
term which shall not be less than twelve months but which shall not exceed
three years and shall also be liable to a fine not exceeding ten thousand
ringgit."]
(2) Any person liable under this Act to any punishment or penalty for any
act or omission shall be liable to the same punishment or penalty for any
such act or omission by -
(a) his partner;
(b) his agent acting on his behalf;
(c) his clerk or servant acting in the course of his employment;
or
(d) the clerk or servant of his partner or agent acting in the
course of employment in circumstances that had the act or omission been
committed by the partner or agent the aforesaid person would have been
liable under this subsection:
Provided that nothing herein shall relieve the partner, agent, clerk or
servant or the clerk or servant of that partner or agent from liability to
prosecution.
22A. Public servants and public officers.
The Controller, every Deputy Controller, every Inspector and all members
and officers of the Tribunal shall be deemed to be public servants for the
purposes of the Penal Code [Act 574], and to be public officers for
the purposes of the Criminal Procedure Code or any other written law which
the Minister may from time to time prescribe.
[Ins. Act A1142]
22B. Application of Public Authorities Protection Act 1948.
The Public Authorities Protection Act 1948 [Act 198] shall apply
to any action, suit, prosecution or proceedings against the Minister,
Controller, any Deputy Controller, any Inspector, the Tribunal or any member
or officer of the Tribunal in respect of any act, neglect or default done or
committed by him in such capacity.
[Ins. Act A1142]
22C. Right to initiate and maintain actions.
Notwithstanding anything contained in any written law or any rule of law,
a homebuyer as defined in section 16A shall be entitled on his own volition
and in his own name to initiate, commence, institute and maintain in any
court or tribunal any action, suit or proceeding against a housing developer
or any other person in respect of any matter arising out of the sale and
purchase agreement entered into between the purchaser and that housing
developer unless a contrary intention is expressed in any agreement,
assignment or charge between the homebuyer and his financier in which case
the prior written consent of his financier must first be obtained before he
exercises any of his rights under this section.
[Ins. Act A1142]
[Note: Act A1142 section 32(2)reads - "Every agreement,
assignment or charge lawfully entered into between a purchaser and his
financier before the appointed date shall be subject to, and the parties
thereto shall be entitled to the benefits of, the new section 22C of the
principal Act as inserted into the principal Act by subsection 32(1)."]
23. Prosecution.
No prosecution for any offence under this Act shall be instituted save by
or under the direction of or with the consent of the Public Prosecutor.
[Am. Act A703]
23A. Power to compound.
(1) The Controller may compound any offence against this Act or any
regulations made under this Act which has been prescribed under paragraph
24(2)(i) to be a compoundable offence by collecting from the person
reasonably suspected of having committed the offence a sum of money not
exceeding the maximum fine prescribed for that offence.
(2) Where an offence has been compounded under subsection (1), no
prosecution shall thereafter be instituted in respect of the compounded
offence.
(3) Any moneys paid to the Controller under this section shall be paid
into and form part of the Consolidated Fund.".
[Ins. Act A1142]
24. Powers to make regulations.
(1) Subject to this section, the Minister may make regulations for the
purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, the regulations may -
(a) regulate the advertisement of a licensed housing developer;
(b) regulate the use of names of housing estates developed by a
licensed housing developer;
(c) prescribe the form or forms of contracts which shall be used
by a licensed housing developer, his agent, nominee or purchaser both as a
condition of the grant of a licence under this Act or otherwise;
(d) regulate payments (under whatever name these may be
described) which may be made by a purchaser either before, during or after
the construction of the house, flat or other accommodation for which that
purchaser is required to make the payments, including the amount of the
payments, the time when the payments become due and conditions that shall
be fulfilled by a licensed housing developer before he may ask for the
payments;
(e) regulate and prohibit the conditions and terms of any
contract between a licensed housing developer, his agent or nominee and
his purchaser;
(f) prescribe the fees which are payable under this Act;
[Subs. Act A1142 - Prior text read - "provide for the
fees and prescribe the amount thereof which shall be paid on the grant of
a licence under section 5 and annually for the licence;"]
(g) prescribe that any act or omission in contravention of any
of the regulations shall be an offence and provide for the penalties
therefor either by way of fine or imprisonment or both: provided that any
fine so provided shall not exceed five thousand ringgit and a term of
imprisonment so provided shall not exceed three years, and in addition
thereto may also provide for the cancellation and suspension of a licence
issued under this Act;
[Am. Act A1142 - Prior text read - "prescribe that any
act or omission in contravention of any of the regulations shall be an
offence and provide for the penalties therefor either by way of fine or
imprisonment or both: provided that any fine so provided shall not exceed
five thousand ringgit and a term of imprisonment so provided shall not
exceed three years, and in addition thereto may also provide for the
cancellation and suspension of a licence issued under this Act; and"]
(h) prescribe the monies which shall be paid into or withdrawn
from the Housing Development Account and the conditions for such
withdrawals;
[Am. Act A1142 - Prior text read - "prescribe the
monies which shall be paid into or withdrawn from the Housing Development
Account and the conditions for such withdrawals."]
(i) prescribe offences which may be compounded and the forms to
be used in and the method and the procedure for compounding such offences;
and
[Ins. Act A1142]
(j) provide for any matter which under this Act is required or
permitted to be prescribed or which is necessary or expedient to be
prescribed to give effect to this Act.
[Ins. Act A1142]
(3) A copy of all regulations made under this section shall be published
in the Gazette and laid before each House of Parliament as soon as
possible after they have been made.
[Am. Act A703.]
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