Housing Development (Control and Licensing) Act 1966

(Omitted).

This Act shall apply only in Peninsular Malaysia.

The Minister may by order published in the Gazette exempt any housing developer or housing accommodation from any or all of the provisions of this Act and such exemption may be granted for such duration as may be specified in the order, and may be made subject to such limitations, restrictions or conditions as the Minister may specify in the order.

* NOTE—Where, on or after 1 December 2002, 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”–see section 5 Act A1142.

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The Minister may at any time by order published in the Gazette, revoke any exemption granted by him under subsection (2).

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.

Interpretation

In the event of any doubt as to whether a housing accommodation falls within the meaning of this Act, the Minister’s decision shall be final and shall not be questioned in any court.

The Controller and Deputy Controllers shall have and may exercise any of the powers conferred on an Inspector by or under this Act.

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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).

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.

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.

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 indicating the carrying on of the business of housing development.

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 in 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.

Upon receiving an application for a licence under this section, the

Controller may grant the licence applied for or refuse to grant such a

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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.

No application for a licence under this section shall be considered unless the prescribed fees have been paid to the Controller.

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.

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.

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 a sum equivalent to three per cent of the estimated cost of construction as certified by an architect in charge of the housing development in cash or in such other form as the Minister may determine, if the application is made by a company; or

unless the applicant makes a deposit with the Controller of a sum equivalent to three per cent of the estimated cost of construction as certified by an architect in charge of the housing development in cash or in such other form as the

Minister may determine, if the application is made by a person or body of persons;

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

Housing Development (Control and Licensing) 13

application is made respectively by a person or a body of persons or a firm;

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;

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);

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

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.

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.

For the purpose of paragraphs (1)(a) and (b), “estimated cost of construction” means the cost of constructing a housing development and includes financial costs, overhead costs and all other expenses necessary for the completion of the housing development but excludes land cost.

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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.

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;

has insufficient assets to cover his liabilities;

is contravening any of the provisions of this Act; or

has ceased to carry on housing development in Peninsular

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(1)(a) or (b) should not be forfeited, forfeit the whole or a part of the deposit.

within four weeks of the making of any alterations in or to any documents submitted to the Controller under subsection 5(3)

furnish to the Controller written particulars of the alterations;

exhibit at all times in a conspicuous position in any office and branch office of the licensed housing developer and at any other place where a sale of housing accommodation is conducted, 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;

keep or cause to be kept in his office in Peninsular 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, shall cause these records to be kept in such manner as to enable them to be conveniently and properly audited;

every year appoint an auditor in the manner required under section 9;

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;

not later than the 21st day of January and the 21st day of July of each year or at such frequency as may be determined by the

Controller from time to time or upon the request of the

Controller, send to the Controller a correct and complete statement in writing made on oath or affirmation, in such form and containing such information as the Controller may from

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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 until certificate of completion and compliance have been issued for all the housing accommodation in that housing development;

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 completion and compliance, forthwith inform the Controller of such fact;

undertake the following—

within twenty-one days from the date of receipt by the housing developer of the certificate of completion and compliance, submit such certificate to the Controller;

and

inform the Controller of any refusal in the issuance of certificate of completion and compliance;

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 certificate of completion and compliance and for the issuance and transfer of the titles to the housing accommodation to the purchasers; and

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 at such frequency as may be determined by the Controller beginning from the date of the handing over of vacant possession to the first purchaser of the housing accommodation in the housing development

Housing Development (Control and Licensing) 17

until separate or strata titles for all the housing accommodation have been issued.

Licensed housing developer to open and maintain Housing

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.

The licensed housing developer shall pay into the Housing

Development Account of a housing development the purchase moneys received by the licensed housing developer from the sale of housing accommodation in the housing development and any other sum of money which are required by regulations made under this Act to be paid into the

Housing Development Account.

The licensed housing developer shall not withdraw any money from the Housing Development Account except as authorized by regulations made under this Act.

Subject to paragraph (6)(b), all moneys 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—

Upon the happening of any of the event referred to in subsection (5)—

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Notwithstanding any other written law to the contrary, all moneys 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.

Subject to 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.

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 and the issuance of certificate of completion and compliance.

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 two hundred and fifty thousand ringgit

Housing Development (Control and Licensing) 19

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.

No bank or finance company, or director, officer or employee of the bank or finance company, as the case may be, shall be subject to any claim or demand by or liability to any person in respect of anything done or omitted to be done in good faith in pursuance of or execution or intended execution of or in connection with the execution or intended execution of an order of the Controller under subsection (1).

Any person who fails to comply with an order of the Controller under subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit.

Where the Controller receives 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.

the licensed housing developer refuses to carry out or delays or suspends or ceases work for a continuous period of six months or more after the execution of the sale and purchase agreement;

the purchaser has obtained the written consent from the end financier; and

the Controller has certified that the licensed housing developer has refused to carry out or delayed or suspended or ceased work for a continuous period of six months or more after the execution of the sale and purchase agreement.

For the purpose of paragraph (1)(b), no end financier shall unreasonably withhold its written consent to the termination of the sale and purchase agreement.

In the event that the purchaser exercises his right to terminate the sale and purchase agreement under subsection (1), the licensed housing developer shall within thirty days of such termination refund or cause to be refunded to such purchaser all monies received by the licensed housing developer from the purchaser free of any interest.

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Upon receipt of the refund under subsection (2), the purchaser shall immediately cause all encumbrances on the land to be removed and the cost and expenses for such removal shall be borne by the licensed housing developer and may be claimed as a civil debt from the licensed housing developer.

Any person who 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 two hundred and fifty thousand ringgit and to a further fine not exceeding five thousand ringgit for every day during which the offence continues after conviction.

This section applies only to an agreement lawfully entered into between a purchaser and a licensed housing developer after the date of coming into operation of the Housing Development (Control and

Licensing)(Amendment) Act 2012 [Act A1415].

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.

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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—

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.

In addition to the duties and powers under this section, every auditor of a licensed housing developer may also exercisethe 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.

The Minister may direct the Controller or an Inspector to make an investigation under subsection (1)—

(Deleted by Act A1142).

enter any premises and there search for, seize and detain any property, book or other document;

inspect, make copies of, or take extracts from, any book or other document so seized and detained;

take possession of, and remove from the premises, any property, book or other document so seized and detained;

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

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seize and detain any property, book or other document found on such person;

break open, examine, and search, any article, container or receptacle; or

stop, detain or search any conveyance.

An Inspector authorized under subsection (1) may, if it is necessary so to do—

If an Inspector has reasonable cause to suspect by reason of delay in obtaining a search warrant under subsection (1) that—

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.

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.

An Inspector shall, unless otherwise ordered by any court—

Housing Development (Control and Licensing) 25

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.

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].

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.

26 Laws of Malaysia ACT 118

No female person shall be searched under this section or under section 10A except by another female person and with strict regard for decency.

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;

assault, obstruct, hinder or delay such Inspector in effecting any entrance which he is entitled to effect;

fail to comply with any lawful demands of any Inspector in the execution of his duties under section 10A or 10B;

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;

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;

rescue or endeavour to rescue any thing which has been duly seized;

furnish to the Inspector as true any information which he knows or has reason to believe to be false; or

before or after any seizure, break or otherwise destroy any thing to prevent the seizure or the securing of the thing.

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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.

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;

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

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.

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A person to whom an order under paragraph (1)(a) or (b), or a written notice under paragraph (1)(c), has been given shall comply with the terms of such order or written notice, as the case may be, and, in particular—

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.

Housing Development (Control and Licensing) 29

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.

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.

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.

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—

any past or present business associate; or

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.

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(1)(a), or of any written statement on oath or affirmation made under paragraph 10E(1)(c), or of any book or other document produced under paragraph 10E(1)(b), or otherwise in the course of any examination under paragraph 10E(1)(a), or under any written statement on oath or affirmation made pursuant to paragraph 10E(1)(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 thedischarge of his duties, in respect of any person; or

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,

Housing Development (Control and Licensing) 31

the performance of his functions, or the discharge of his duties, in respect of any person.

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.

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.

direct the licensed housing developer in question to take such steps as he may consider necessary to rectify any matter or circumstance;

direct that a person be appointed or himself appoint a person to advise the licensed housing developer in the conduct of his business;

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;

Housing Development (Control and Licensing) 33

direct that the licensed housing developer present a petition to the High Court for the winding up of his business; or

take such action as the Minister may consider necesary in the circumstances of the case for carrying into effect the provisions of this Act.

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.

Every such direction of the Minister made under subsection (1) shall be binding on the licensed housing developer and the purchasers.

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:

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;

has insufficient assets to cover his liabilities;

is contravening any of the provisions of this Act; or

has ceased to carry on housing development in Peninsular

Malaysia, the Controller may subject to 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.

if he becomes bankrupt or suspends payment or compounds with his creditors; or

if he is convicted of an offence involving dishonesty or fraud.

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.

Right of appeal to the Minister by an aggrieved licensed housing developer against the decision of the Controller

in refusing to grant a licence to him under section 5;

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in varying, altering or cancelling any conditions of his licence or imposing thereon any new or additional conditions under subsection 5(5);

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

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.

a Chairman and a Deputy Chairman to be appointed by the

Minister from amongst members of the Judicial and Legal

Service; and

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not less than five other members to be appointed by the

Minister from amongst persons who are members of or who have held office in the Judicial and Legal Service or advocates and solicitors admitted and enrolled under the Legal

Profession Act 1976 [Act 166], the Advocates Ordinance of

Sabah [Sabah Cap. 2] or the Advocates Ordinance of Sarawak

[Sarawak Cap. 110] and who have not less than seven years’

standing.

The members referred to in paragraph (1)(b)—

upon the death of the member;

upon the member resigning from such office by giving three months’ written notice to the Minister;

upon the expiry of his term of office; or

upon the member ceasing to be an advocate and solicitor under the Legal Profession Act 1976, the Advocates Ordinance of

Sabah or the Advocates Ordinance of Sarawak.

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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;

if he has become incapable of properly carrying out his duties as a member of the Tribunal;

if there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

if he is adjudicated a bankrupt;

if he has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs; or

if he absents himself from three consecutive sittings of the

Tribunal without leave of the Chairman.

The members of the Tribunal appointed under paragraph 16C(1)(b)

shall be paid—

The remuneration provided for in subsections (1) and (2) shall be charged on the Consolidated Fund.

The Chairman shall have general control of the officers of the

Tribunal.

For the purposes of this Act, the Secretary to the Tribunal shall be deemed to be an officer of the Tribunal.

the Chairman of the Tribunal;

the Deputy Chairman of the Tribunal; or

any member of the Tribunal determined by the Chairman.

The Tribunal may sit in one or more sittings on such day and at such time and place as the Chairman may determine.

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.

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.

Subject to subsection (1), a respondent to a claim may raise a debt or liquidated demand as—

Where a respondent raises a debt or liquidated demand under subsection (2) and the debt or demand is proved the Tribunal shall—

Any claim lodged with the Tribunal may include loss or damage of a consequential nature.

for the recovery of land, or any estate or interest in land; and

in which there is a dispute concerning—

the entitlement of any person under a will or settlement, or on intestacy (including partial intestacy);

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 housing developer which is brought by a homebuyer not later than twelve months from—

Notwithstanding subsection (2) no claim shall be affected or defeated on the ground that no sale an purchase agreement has been entered into between the homebuyer and the licensed housing developer at the time when the cause of action accrues if thereexists a previous dealing between the homebuyer and the licensed housing developer in respect of the acquisition of the housing accommodation.

Nothing in this section shall be deemed to authorize the Tribunal to deal with a claim arising from personal injury or death.

For the purposes of subsection (1), “land” does not include fixtures.

An agreement may be made under subsection (1)—

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—

the proceedings before the court were commenced before the claim was lodged with the Tribunal; or

the claim before the Tribunal is withdrawn, abandoned or struck out.

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

44 Laws of Malaysia ACT 118

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.

Notice of claim and hearing

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.

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.

Where—

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.

Subject to subsection (2) but notwithstanding section 37 of the

Legal Profession Act 1976 [Act 166]—

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.

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;

46 Laws of Malaysia ACT 118

require the production before it of books, papers, documents, records and things;

administer such oath, affirmation or statutory declaration as the case may require;

seek and receive such other evidence and make such other inquiries as it thinks fit;

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;

receive expert evidence; and

generally direct and do all such things as may be necessary or expedient for the expeditious determination of the claim.

A summons issued under this section shall be served and enforced as if it were a summons issued by a subordinate court.

An award of the Tribunal under subsection (1) may require one or more of the following:

Nothing in paragraph (2)(d) or (f) shall be deemed to empower the

Tribunal to award any damages for any non-pecuniary loss or damage.

The Tribunal may at any time rectify or correct clerical mistake in any award or errors arising therein from any accidental slip or omission.

which arose in the course of the proceedings;

which, in the opinion of the Tribunal, is of sufficient importance to merit such reference; and

the determination of which by the Tribunal raises, in the opinion of the Tribunal, sufficient doubt to merit such reference.

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.

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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.

Reasons for decision

16AA. The Tribunal shall in all proceedings give its reasons for its award in the proceedings.

Orders and settlement to be recorded in writing

16AB. The Tribunal shall make or cause to be made a written record of the terms of—

For the purpose of paragraph (1)(b), in cases where the award made by the Tribunal has not been complied with, the Secretary to the Tribunal shall send a copy of the award made by the Tribunal to the Magistrate’s

Court or the Sessions Court, as the case may be, 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.

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Criminal penalty for failure to comply

16AD. (1) Any person who fails to comply with an award made by the

Tribunal within the period specified by the Tribunal commits 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 fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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.

Procedure where no provision is made

16AE. Subject to this Act and to any regulations, the Tribunal shall adopt such procedure as it thinks fit and proper.

Want of form

16AF. No proceedings of the Tribunal or award or other document of the

Tribunal shall be set aside or quashed for want of form.

Disposal of documents, etc.

16AG. (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.

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.

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Act or omission done in good faith

16AH. No action or suit shall be instituted or maintained in any court against—

Without prejudice to the generality of subsection (1), regulations may be made for—

in contravention of subsection 5(1) engages in, carries out, or undertakes housing development without having been duly licensed under that section;

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 indicating the carrying on of the business of housing development; or

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 two hundred and 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.

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For the purpose of this section, “abandons” means refuses to carry out or delays or suspends or ceases work continuously for a period of six months or more or beyond the stipulated period of completion as agreed under the sale and purchase agreement.

Offences by a housing developer

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;

(Deleted by Act A1142);

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 or the purpose of carrying on the business of the licensed housing developer;

in contravention of section 12, fails to comply with any direction given by the Minister under that section,

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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 two hundred and 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.

Offences by a director of or a person connected with the business of a licensed housing developer in certain cases

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

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 which shall not be less than fifty thousand ringgit but which shall not exceed two hundred and fifty thousand ringgit.

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—

Subject to subsection (8), every notice of assignment given to the housing developer pursuant to subsection (1) shall be delivered by the assignor or his solicitors to the housing developer at or after the completion of the sale and purchase between the assignor and the new purchaser of the housing accommodation and shall be accompanied by—

A housing developer shall keep and maintain an up-to-date, proper and accurate register of all purchasers of the housing accommodation until separate or strata titles for all the housing accommodation in the housing development have been issued by the appropriate authority and registered in the names of all the purchasers of the housing accommodation in that housing development.

The housing developer shall provide all necessary and accurate confirmation of the records in the register whenever requested by a purchaser of the housing accommodation or his solicitors or his financier or his financier’s solicitors subject to a payment of a fee not exceeding fifty ringgit or such amount as may be prescribed from time to time for meeting every request for confirmation in respect of all of the following:

Any person who requires any consent from a housing developer to any absolute assignment or assignment by way of charge in contravention of subsection (2) 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 one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Any housing developer who—

For the purpose of this section, references to “new purchaser”

wherever appearing shall include a purchaser’s financier or any beneficiary under the estate of a deceased purchaser or an assignee under an absolute assignment whether with or without consideration.

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The expression “completion of the sale and purchase” in subsection (2)

in relation to a deed of absolute assignment executed in favour of a purchaser’s financier or any beneficiary under the estate of a deceased purchaser or an assignee under an absolute assignment whether with or without consideration not in pursuance of a sale and purchase agreement shall mean the date of that deed of absolute assignment in which case paragraph (2)(a) shall not apply.

This section shall apply to any housing accommodation where separate or strata title for the housing accommodation has not been issued by the appropriate authority.

Any person who knowingly and wilfully aids, abets, counsels, procures or commands the commission of an offence against subsection (1)

shall be liable to be punished with the punishment provided for the offence.

Any person who knowingly and willfully aids, abets, counsels, procures or commands the commission of an offence under subsection (1)

shall be liable to be punished with the punishment provided for the offence.

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Where an offence has been compounded under subsection (1), no prosecution shall thereafter be instituted in respect of the compounded offence.

Any moneys paid to the Controller under this section shall be paid into and form part of the Consolidated Fund.

In particular and without prejudice to the generality of the foregoing power, the regulations may—

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.