Housing Development (Control and Licensing) Act 1966 · Updated to 2 Mar 2016 · Part V · Powers of Minister
Section 11
Feedback & supportWhere 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
licensed housing developer
“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;
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—
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;
company
“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;
certify that the licensed housing developer has abandoned the housing development;
Housing Development (Control and Licensing) 33
housing development
“housing development” means to develop or construct or cause to be constructed in any manner whatsoever more than four units of housing accommodation and includes the collection of moneys 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 lots of land or building lots with the view of constructing more than four units of housing accommodation;
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.
Housing Development Account
“Housing Development Account” means an account opened and maintained by a licensed housing developer pursuant to section 7A;
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:
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;
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
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.