Section 3

“abandoned” means a housing development in respect of which a licensed housing developer has refused to carry out or delayed or suspended or stopped or ceased works continuously for a period of six months or more or beyond the stipulated period of completion as agreed under a sale and purchase agreement;

“bank” means a bank which is in possession of valid licence granted under the Banking and Financial Institutions Act 1989 [Act 372] or under the Islamic Banking Act 1983

[Act 276];

“body of persons” means a group of persons, not being an incorporated body or group;

“certificate of fitness for occupation” means any certificate issued under the various

Enactments or Ordinances or By-laws for the purpose of certifying that the housing accommodation has been completed and is safe and fit for occupation;

“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;

“Controller” means the Controller of Housing or the Deputy Controller of Housing appointed under section 4;

“estimated cost of development” means cost of development of a housing development and includes the cost of land, financial costs, overhead costs, and all other expenditures necessary for the completion of the housing development;

“finance company” means a finance company which is in possession of a valid licence granted under the Banking and Financial Institutions Act 1989 [Act 372];

“firm” means an unincorporated body of persons (whether consisting of individuals or corporations or partly of individuals and partly of corporations) associated together for the purpose of carrying on business;

5

“housing accommodation” includes any building, tenements or messuage which is wholly or principally constructed, adapted or intended for human habitation or partly for human habitation and partly for business premises;

“housing developer” means any person, body of persons, company, firm or society (by whatever name described), who or which engages in or carries on or undertakes or causes to be undertaken a housing development and in a case where the housing developer is in liquidation or receivership or under judicial management, includes a person or body appointed in accordance with a relevant law to be the provisional liquidator or liquidator, receiver or receiver and manager or judicial manager for the housing developer, as the case may be;

“housing development” means to develop or construct or cause to be constructed in any manner more than four units of housing accommodation and includes the collection of monies 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 units of housing lots by the landowner or his nominee with the view of constructing more than four units of housing accommodation by the said landowner or his nominee; and for the purposes of this definition, “develop” means to construct or cause to be constructed, and includes the carrying on of any building operations for the purpose of constructing housing accommodation in, on, over or under any land with the view of selling the same or the land which would be appurtenant to such housing accommodation;

“Housing Development Account” means an account opened and maintained by a licensed housing developer pursuant to section 8A;

“housing lot” means any piece of land surveyed or otherwise to which a lot number has been assigned to it and which is subject to the category of ‘building’ in accordance with the Local Government Ordinance 1961;

“Inspector” means an Inspector appointed under section 4;

“licence” means a licence granted under section 5;

“Local Authority” means Local Authority as defined under the Local Government

Ordinance 1961;

“Minister” means the Minister for the time being charged with the responsibility for housing;

6

“officers and servants” means officers and servants appointed under section 4 of the

Enactment;

“prescribed” means prescribed by the Minister under this Enactment;

“purchaser” means any person who purchases a housing accommodation or who has any dealing with a licensed housing developer in respect of the acquisition of housing accommodation and includes a person who has subsequently purchased a housing accommodation from the first purchaser of the housing accommodation;

“stakeholder” means any solicitor holding moneys as stakeholder for payment to a licensed housing developer pursuant to a sale and purchase agreement in respect of a housing development which the licensed housing developer is engaged in, carries on or undertakes or causes to be undertaken;

“Tribunal” means the Tribunal for Housing Purchaser Claims established under Section 19A;

“unit” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels, and is intended for use in accordance with the provisions of any written law as a complete and separate unit for residential or commercial purpose.

Appointment of Controller, Deputy Controller, Inspectors and other officers and servants.