Temporary Measures Reducing Impact Coronavirus Disease 2019 Covid 19 Enactment 2020

Except where the date of commencement and period of operation have been provided in respect of the respective Parts in this Enactment, this Enactment shall come into operation on the date of publication of this Enactment [14.01.2021] and shall continue to remain in operation for a period of two years from such date of publication.

Notwithstanding subsection (2), the Chief Minister may, by order published in the

Gazette, extend the operation of this Enactment and the order for extension may be made more than once.

An order made under subsection (3) shall be laid before the Legislative Assembly as soon as practicable after its publication in the Gazette.

Modification to Enactments and Ordinance

The purchaser may apply to the Minister for an extension of the period referred to in subsection (1).

Upon considering the application under subsection (2), the Minister may, if the Minister is satisfied that additional time is required by the purchaser, by written direction to the developer, extend the period in which the developer shall not impose any late payment charges on the purchaser in respect of such unpaid instalment up to 31 March 2021.

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Delivery of vacant possession and liquidated damages

The developer may apply to the Minister for an extension of the period referred to in subsection (1).

Upon considering the application under subsection (2), the Minister may, if the Minister is satisfied that additional time is required by the developer to deliver vacant possession, by written direction grant to the developer an extension period of up to 31 March 2021 to deliver vacant possession and such extension shall have the same effect as the period excluded in subsection (1).

Notwithstanding any agreement entered into between the purchaser and the developer, if the purchaser is unable to enter into possession of occupation of a housing accommodation from the date of service of a notice to take vacant possession from the developer during the period from 18 March 2020 to 31 December 2020, or any extension period granted under subsection (3), the purchaser shall not be deemed to have taken such vacant possession.

Defect liability period

the defect liability period after the date the purchaser takes vacant possession of a housing accommodation; and

the time for the developer to carry out works to repair and make good the defect, shrinkages and other faults in a housing accommodation.

The purchaser may apply to the Minister for an extension of the period referred to in subsection (1).

Upon considering the application under subsection (2), the Minister may, if the Minister is satisfied that additional time is required by the purchaser, by written direction, exclude the period up to 31 March 2021 from the calculation of –

Notwithstanding sections 10 and 11, any late payment charges that has been paid by the purchaser or liquidated damages that has been paid by the developer

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before the date of publication of this Enactment shall be deemed to have been validly paid under the Housing Development (Control and Licensing) Enactment 1978 and its rules, and such payment shall not be refunded to the payer.

Modification to section 19N

“agreement” means an agreement for a contract of sale for the sale and purchase of housing accommodation in the forms prescribed in Schedules G and

H of the Housing Development (Control and Licensing) Rules 2008; and

“first agreement” means the first agreement entered into between a purchaser and a developer for a housing accommodation in relation to a housing development under one housing developer’s licence and one advertisement and sale permit.

Late payment charges

Subsection (1) applies only to a purchaser and a developer of a housing development for which its first agreement was entered into before 28 May 2021.

Delivery of vacant possession

The time for delivery of vacant possession of a housing accommodation; and

The liquidated damages for the failure of the developer to deliver vacant possession of a housing accommodation.

Subsection (1) applies only to a purchaser and a developer of a housing development for which its first agreement was entered into before 28 May 2021.

Taking of vacant possession

The defect liability period after the date purchaser takes vacant possession of a housing accommodation; and

The time for the developer to carry out works to repair and make good any defect, shrinkages and other faults in a housing accommodation.

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Subsection (1) applies only to a purchaser and a developer of a housing development for which its first agreement was entered into before 28 May 2021.

Saving

Notwithstanding sections 14B and 14C, any late payment charges that has been paid by the purchaser or liquidated damages that has been paid by the developer immediately before the coming into operation of this Part shall be deemed to have been validly paid under the Housing Development (Control and Licensing) Enactment 1978

and its rules, and such payment shall not be refunded to the payer.

The Minister charged with the responsibility for any Enactment or Ordinance may, if the Minister is of the opinion that any statutory duty or obligation is not possible to be performed within the time stipulated in such Enactment or Ordinance by any authority during the period from 18 March 2020 to 31 December 2020 due to the measures prescribed, made or taken under the Prevention and Control of Infectious Diseases Act 1988 to control or prevent the spread of COVID-19, by order published in the Gazette, extend the time for the authority to perform its statutory duties or obligations.

Any order made under subsection (1) may be made to operate retrospectively to any date which is not earlier than 18 March 2020.

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No authority shall be liable to any damages in respect of any failure to perform any statutory duty or obligation within the time stipulated in such Enactment or

Ordinance.

Alternative arrangement for statutory meeting

Any statutory meeting convened, held or conducted not in the manner provided for in any Enactment or Ordinance regulating such statutory meeting on and after 18

March 2020 and before the making of the order under subsection (1) shall be deemed to have been validly convened, held or conducted.

CERTIFIED by me to be a true copy of the Bill passed by the Legislative Assembly on Wednesday, the 23rd day of December, 2020.

DATUK HAJI KADZIM HAJI M. YAHYA,

Speaker,

State Legislative Assembly.