Housing Development (Control and Licensing) Act 1966 · Updated to 2 Mar 2016 · Part VI · Tribunal for Homebuyer Claims
16Z. Reference to a Judge of the High Court on a question of law
Feedback & supportBefore 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—
Tribunal
“Tribunal” means the Tribunal for Homebuyer Claims established under section 16B. Powers of the Minister to determine housing accommodation
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.
16AA.
Reasons for decision
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—
every agreed settlement reached by the parties under subsection 16T(3); and
every award made by it under section 16Y.
Decisions of Tribunal to be final
16AC. (1)
Every agreed settlement recorded by the Tribunal under subsection 16T(3) and every award made by the Tribunal under section 16Y—
shall be final and binding on all parties to the proceedings; and
shall be deemed to be an order of a Magistrate’s Court or a
Sessions Court, as the case may be, and be enforced accordingly by any party to the proceedings;
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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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;
16AD.
Criminal penalty for failure to comply
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.
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.
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.
16AG.
Disposal of documents, etc.
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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16AH.
Act or omission done in good faith
No action or suit shall be instituted or maintained in any court against—
the Tribunal;
a member of the Tribunal; or
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.
16AI.
Regulations in respect of the Tribunal
The Minister may make such regulations as may be necessary or expedient in respect of the Tribunal.
Without prejudice to the generality of subsection (1), regulations may be made for—
prescribing the responsibilities of members of the Tribunal;
prescribing the procedure of the Tribunal;
prescribing the forms to be used in proceedings under this
Part;
prescribing and imposing fees and providing for the manner for collecting and disbursing such fees;
prescribing anything required to be prescribed under this Part.
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