Section 67
Powers to make regulations
of Housing Developers (Control And Licensing) Ordinance, 1993
—
(1)
The Minister may make regulations for the purpose of carrying into effect the provisions of this Ordinance.
(2)
In particular and without prejudice to the generality of the foregoing, the regulations may—
(a)
regulate the advertisements by 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 or nominee and purchaser as a condition of the grant of a licence under this
Ordinance or otherwise;
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(d)
regulate payments (under whatever name these may be described) which may be made by a purchaser before, during or after the construction of the housing 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 prescribe the conditions and terms of any contract between a licensed housing developer, his agent or nominee and a purchaser;
(f)
provide for the issued and paid up capital, fees and deposit and prescribe the amount thereof as required under this
Ordinance;
(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 subject to section 29 also provide for the cancellation and suspension of a licence issued under this Ordinance;
(h)
regulate the procedure to be followed in the submission of application for a licence under section 6(4);
(i)
prescribe the moneys which shall be paid into or withdrawn from a Housing Development Account and the conditions for such withdrawals;
(j)
provide for the offences under this Ordinance or regulations made hereunder which may be compounded by the
Controller, the persons who may compound, the limit of the sum of money to be collected by the Controller for compounding such offence and the procedures and forms to be complied with in compounding;
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(k)
prescribe, in respect of the Tribunal—
(i)
terms and conditions of appointment of its members;
(ii)
remuneration and other allowances payable to its members;
(iii)
procedure of the Tribunal;
(iv)
procedure for settlement or mediation of claim;
(v)
forms to be used;
(vi)
fees payable; and
(vii)
any other matters necessary or required to be prescribed;
(l)
provide for the amendment of the Schedule; and
(m)
prescribe anything which is authorized or required to be, or which may be prescribed under this Ordinance.