Malaysia legislation
Section 26
Section 26
(1)
Subject to this section, the Minister may make rules for the purpose of carrying into effect the provisions of this Enactment.
(2)
In particular and without prejudice to the generality of the foregoing power, the rules may -
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(a)
regulate the advertisements of 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, nominee or purchaser both as a condition of the grant of a licence under this Enactment or otherwise;
(d)
regulate payments (under whatever name these may be described) which may be made by a purchaser either before, during or after the construction of the house, flat or other 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)
prescribe for and regulate the modification and waiver of the terms and conditions of any contract of sale between a licensed housing developer, his agent or nominee and his purchaser and the grant of any extension of time to the completion of a housing development;
(f)
prescribed the fees which are payable under this Enactment;
(g)
prescribe the period within which the Controller shall decide whether to grant or refuse to grant a licence applied for under section 5;
(gg)
prescribe the monies which shall be paid into or withdrawn from the
Housing Development Account and the conditions for such withdrawals;
(h)
prescribe that any act or omission in contravention of any of the rules shall be an offence and provide for the penalties therefor either by way of fine or imprisonment or both; and
(i)
provide for any matter which under this Enactment is required or permitted to be prescribed or which is necessary or expedient to be prescribed to give effect to this Enactment:
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 also
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provide for the cancellation and suspension of a licence issued under this Enactment.
(3)
A copy of all rules made under this section shall be published in the Gazette and laid before the Legislative Assembly as soon as possible after they have been made.