Section 6

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.

14 Laws of Malaysia ACT 118

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.

Controller to keep deposit