Section 92

The deposit referred to in subsection (1) shall be paid to the Commissioner upon the handing over of vacant possession.

The Commissioner may use the deposit for the purpose of carrying out any work which is necessary to rectify any defects in the common property of the development area.

Where the Commissioner has determined that the deposit is insufficient for rectifying the defects to the common property, the

Commissioner may direct the developer to deposit within fourteen days such further sums as the Commissioner may determine.

Any unexpended deposit shall be refunded to the developer on the expiry of the defect liability period for the development area.

Any developer who fails to comply with subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and to a further fine not exceeding fifty ringgit for every day or part thereof during which the offence continues after conviction.