Housing Development (Control And Licensing) Act 1966

Original Language Title: Housing Development (Control and Licensing) Act 1966

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Heusar-2 laws of MALAYSIA Act 118 REPRINTING ACT housing development (control and licensing) Act 1966 Containing all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 this text is JUST a translation by Chambers, for Housing Development (Control and Licensing) Act 1966. Unless and until specified invalid under subsection 7 (1) the national language Act 1963/67 [32 Act], this is not a legal text.
2 laws of Malaysia ACT 118 first made............ 1966 (Act No. 38 of 1966) Revised..................... 1973 (Act 118 m.b.p. 16 August 1973) Copyright Printer H PERCETAKAN NASIONAL MALAYSIA BERHAD all rights reserved. No part whatsoever of this publication may be reproduced or stored in a recoverable form or published in any form by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior written permission of Percetakan Nasional Malaysia Berhad (printer to the Government of Malaysia appointed).
REPRINTING BEFORE Reprinting The First............... 1988 Second Reprinting............... 1995 ACT housing development (control and licensing) Act 1966 housing development (control and licensing) 3 laws of MALAYSIA Act 118 ACT housing development (control and licensing) Act 1966 part I preliminary section 1. Short title and application 2. Exclusion and exceptions 3. Interpretation 4. Appointment of Examiners and guards, officials and other servants PART II LICENSING HOUSING DEVELOPERS 5. Prohibition against housing development except by virtue of a licence and the provisions relating to the grant of a license 6. Conditions or restrictions for the grant of a license 6A. The guards maintain deposit 6B. The controller can be melucut the right deposit PART III DUTY of HOUSING DEVELOPER LICENSED 7. The duty of the housing developer licensed 7A. Housing developer licensed shall open and maintain housing development accounts 7B. Housing developer licensed for the purposes of section 8, 8A, 11 and 12 8. Arrangement or agreement affecting business housing developer licensed 8A. Termination of statutory sales and purchase agreement 9. Audit 4 laws of Malaysia ACT 118 PART IV INVESTIGATION and ENFORCEMENT of Section 10. Investigation of 10A. Power in, search and seize 10B. Examination on someone 10 c. Obstruction of the exercise of power by an Inspector 10D. Requirements to provide translation of 10E. The authority to examine people 10F. A particular person in respect of which the power of investigation can be carried out 10 g. Assistance to the police officer or other public officer 10 h. Protection of informer 10I. Power to act 10J. Limitation on power of someone Inspector part V of MINISTER 11. Power of Minister to give directions for the purpose of protecting the interests of buyers 12. Power of Minister to give directions am 13. Cancellation and suspension of license 13A. The controller shall report a person's behavior or architect engineer 13B. Pemindahmilikan or assignment of licence 14. Opportunity to be heard shall be given prior to the cancellation or suspension of a licence and in certain other matters 15. Individuals are not eligible to participate in the business management of a housing developer licensed 16. Right of appeal to the Minister by a housing developer licensed aggrieved by a decision of the Controller PART VI TRIBUNAL CLAIM HOMEBUYER 16A. The meaning of "house buyers" 16B. The Establishment Of A Tribunal Claim House Buyers 16C. Membership of the Tribunal housing development (control and licensing) 5 16D. Temporary exercise of functions of Chairman of the 16E. Void 16F. Revocation of appointment of 16G. The resignation of 16 h. Filling vacancy 16I. Remuneration 16J. The Secretary of the Tribunal and other controller 16K. Meetings of the Tribunal 16L. Commencement of proceedings 16 m. The jurisdiction of the Tribunal 16N. Limitation of the jurisdiction of 16O. The expansion of jurisdiction through Treaty of 16 p. Omission to bring the claim within the jurisdiction of 16Q. Cause of action cannot be divided on 16R. Exemption from the Court's jurisdiction 16S. Notice of claim and hearing 16T. 16U solution consultancy. The right to attend the hearing 16V. Proceedings shall be general 16W. 16X evidence. A Tribunal could act with the absences 16Y. 16Z Tribunal Award. A reference to a judge of the High Court on a question of law 16AA. Decision 16AB. Order and settlement shall be recorded in writing 16AC. the decision of the Tribunal shall be final 16AD. Criminal penalties for not complying with 16AE. Procedure if no provision is made 16AF. The absence of the form 16AG. Disposal of documents, etc.
16AH. Act or omission made in good faith 16AI. Regulations relating to Tribunal section 6 laws of Malaysia ACT 118 PART VII MISCELLANEOUS section 17. Indemnity and protection against legal proceedings 18. Offences relating to a licence under section 5 19. Offences by housing developers 20. Offences by a Director or a person associated with the business of licensed housing developers in particular case 21. Penalty for offence penalty thereof not provided for 22. Liability of Directors, managers and other officers for the offence committed by the company and the liability of a person for acts committed by other 22A. Public servants and public servants 22B. The application of the Public authorities Protection Act 1948 22C. The right to commence and maintain an action 23. Prosecution 23A. Power to compound 24. The power to make regulations SCHEDULE housing development (control and licensing) 7 laws of MALAYSIA Act 118 ACT housing development (control and licensing) Act 1966 an act to provide for the control and licensing business of housing development in Peninsular Malaysia and for matters connected therewith.
[29 Aug 1969, P.U. (B) 212/1969]
Part I preliminary short title and application 1. (1) this Act may be cited as the Act housing development (control and licensing) 1966.0 * (2) (Left).
(3) this Act shall apply in Peninsular Malaysia only.
Exclusion and exemption 2. (1) (struck by A1142 Act).
(2) the Minister may by notification published in the Gazette exempt any housing developers from any or all provisions of this Act.
(3) the provisions of this Act relating to a company shall be construed as a supplement to, rather than a reduction of, the provisions of any written law relating to the company.
* NOTE — If, on or after 1 December 2002, mention is made in any written law about "Act housing developers (control and licensing) Act 1966", references shall be construed as a reference to "Act housing development (control and licensing) Act 1966"-see section 5 [A1142 Act].
8 laws of Malaysia ACT 118 Interpretation 3. In this Act, unless the context otherwise requires — "Housing Development Account" means an account opened and maintained by a housing developer licensed pursuant to section 7A;
"bank" means any bank licensed under the banking and financial institutions Act 1989 [Act 372] or under the Islamic Banking Act 1983 [Act 276];
"prescribed" means by regulations made under this Act, and if there's no way referred to means prescribed from time to time by order published in the Gazette;
"firm" means an unincorporated group of persons (whether consisting of an individual or a corporation or individual and partly partly Corporation) which are federated together for the purpose of doing business;
"group" means a group of persons, which is not a body or group incorporated;
"licence" means a licence granted under section 5;
"lot housing" means any land that has been measured or otherwise, for which a lot number has been granted and which are subject to the category "buildings" according to the national land code 1965 [Act 56 of 1965];
"Developer" means any person, group of persons, companies, firms or organizations (with whatever name described), works or run or operate or cause to be operated housing development;
"housing development" means develop or build or cause built with any way more than four units housing accommodation and includes the collection of money or the conduct of any operation of buildings for the purpose of setting up housing accommodation in, on, over or under any land; or sale of more than four units housing housing development (control and licensing) 9 by the land owner or her nominee with the aim of building more than four units housing accommodation by the land owner or her nominee;
"housing developer licensed" means any housing developer licensed under section 5 to establish or run or operate housing development and includes the holder any power of attorney the housing developer who created the successful completion under a power of Attorney Act 1949 [Act 424];
"purchaser" means any person who has purchased the House of residence or who have any dealings with a housing developer licensed in respect of the consumption of housing accommodation;

"Stakeholders" means any solicitor who holds money as trustee for payments to a housing developer in accordance with the sales and purchase agreement in respect of a housing development that housing developers are working on, carry on or operate or cause pursued;
"Inspector" means a person the inspector appointed under section 4;
"Controller" means the controller of Housing who are appointed under section 4;
"certificate of fitness for occupation" means an occupation certificate given or approved under the street, drainage and building Act 1974 [Act 133] and any by-laws made under the Act;
"the House of residence" includes any building, tenemen or m or its main part built, adapted or intended for human or partly for human habitation and partly for business premises but excluding a shelter built on any land described for or approved for commercial development;
"The Deputy Controller" means the Deputy Controller of Housing who are appointed under section 4;
10 laws of Malaysia ACT 118 "Tribunal" means the Tribunal for Homebuyer Claims established under section 16B;
"local authorities" includes any person or group of persons who are appointed or authorized under any written law to exercise and perform the powers and duties conferred and charged on local authorities under any written law;
"company" means any company incorporated, formed or registered under any law in force in Malaysia relating to the company, and includes any body corporate established under any law in force in Malaysia;
"finance companies" means any finance company licensed under the banking and financial institutions Act 1989.
Appointment of Controller, Deputy Controller, Examiners and officials and other servants 4. (1) for the purposes of this Act, the Minister may appoint a controller with housing and such number of Deputy Controller of housing, Housing Inspectors and officials and other servants as he thinks fit by the Minister from among members of the public servants.
(2) the controller and Deputy Controller shall have and may exercise any of the powers conferred to an Inspector by or under this Act.
(3) the controller may, in writing, delegate all or any of the powers or functions under this Act, except the power of his attorney, to any Deputy guards, Inspectors, officers or servants who are appointed under subsection (1).
(4) without prejudice to subsection (2) the controller may, in writing, delegate any of the powers and functions under this Act in respect of the investigation of an offence under this Act and the enforcement of this Act to any public officer or officer of the local authority.
Housing development (control and licensing) 11 (5) any delegation under subsection (3) or (4) may be cancelled at any time by the controller and the representative shall not prohibit Guards from running its own powers or perform such functions delegated.
PART II HOUSING DEVELOPER LICENSING Prohibition against housing development except by virtue of a licence and the provisions relating to the granting of license 5. (1) no housing development can be worked, run, done or caused so pursued except by a housing developer who owns a licence issued under this Act.
(2) except with the permission in writing of the controller, there are housing developers in addition to a housing developer licensed can take or make use of, in connection with the business or any part of its business, the word "Developer" or any words they are issued or any words or other words indicating the exercise of business housing development.
(3) a housing developer who intend to establish or exercise or rnengusahakan or cause pursued housing development shall apply to the Controller for a licence and any such application shall be made in the prescribed form and in the case of any applicant listed in column (1) of the schedule the application shall be accompanied by the documents listed him in appearing (2), every such document verified by a statutory declaration made by the person that is listed in column (3) of that Schedule.
(4) when an application for a licence under this section is received, the controller can provide licences applied for or refuses to provide such licence; and in granting the license Guards thereon may impose such conditions (including the period of the license validity) as it may deem fit and proper.
12 laws of Malaysia ACT 118 (4A) no application for a licence under this section may be considered unless the prescribed fee has been paid to guard.
(4B) there shall be charged and paid to Guard such fees as may be prescribed upon grant of a licence and at any time after the grant of the licence within the validity period.
(5) subject to section 14, the controller may at any time amend, cancel or vary the terms and conditions imposed under subsection (4) or impose any new conditions or additions; or, if a licence is not subject to any conditions, impose thereon any conditions as the controller thinks fit to give effect to the provisions of this Act.
Conditions or restrictions for the grant of a license 6. (1) subject to the exercise of the power of waiver by the Minister under subsection (2), the licence is applied for under section 5 cannot be given — (a) unless the applicant has issued capital and net capital in cash of not less than two hundred and fifty thousand dollars and gives the controller a deposit not less than two hundred thousand dollars in cash or in any other form specified by the Minister , if the application is made by a company; or (b) unless the applicant gives the controller a deposit not less than two hundred thousand dollars in cash or in any other form specified by the Minister, if the application is made by a person or a group of persons;
(c) unless the applicant itself or any member or partner rather than a person who is convicted of an offence involving fraud or dishonesty or instead of a bankrupt that has not been released, if each of the application made by a person or a group of persons or a firm;
Housing development (control and licensing) 13 (d) unless no-one who has been convicted of an offence involving fraud or dishonesty or is a bankrupt that has not been released currently holds the position of Director, Manager or Secretary or Office or other similar position, if the application is made by a company, or is holding the position of President, Secretary or Treasurer or Office or other similar position , if the application is made by an organisation;
(e) unless, at the time application is made, the applicant or any member or partner of the applicant, if the applicant is a group of persons or a firm, or a Director, Manager or Secretary of the applicant, if the applicant is a company, not to mention, due to a conviction for an offence under this Act, be liable to a penalty exceeding ten thousand ringgit or to imprisonment (other than incarceration because of default fine not exceeding ten thousand ringgit);
(f) malainkan if, at the time the application is made, someone who used to be a Director or that have been directly related to the management of the business of a licensed housing developers that were wound up by a court is not a Director or that is not directly related to the management of the business of the applicant; and (g) if the registration of architects or engineers, the applicant has been cancelled and has not been revived under the architects Act 1967 [Act 117] or the registration of engineers Act 1967 [Act 138] at the time the application is made.
(1A) for the purposes of paragraph (1) (d), (e) and (f), if the applicant is a company, the expression "applicant" shall include the applicant's holding company, or a subsidiary or a subsidiary of the holder of the applicant.
(2) the Minister may at its absolute discretion waive any or all of the conditions specified in paragraph (1) (a), (b) or (d) or replace any or all of the conditions with other conditions as he thinks fit and appropriate.
14 laws of Malaysia ACT 118 of deposit storage Controller 6A. Subject to any directions of the Minister, the controller shall keep the deposit made under paragraph 6 (1) (a) and (b) until the expiration of housing development defects liability.
The controller can be melucut the right deposit 6B. If any developer who holds a licence — (a) is conducting its business, in the opinion of the controller, in a manner prejudicial to the interests of the buyer or to any member of the public;
(b) has insufficient assets to cover its liability;
(c) is in breach of any provision of this Act; or (d) has ceased to carry out housing development in Peninsular Malaysia,

The controller may, after giving the opportunity to the licensed developer to submit reasons within the specified why deposits under paragraph 6 (1) (a) or (b) cannot be forfeited, melucut right the whole or part of the deposit.
PART III DUTY of HOUSING DEVELOPER LICENSED obligation of housing developer licensed 7. In addition to the liabilities and obligations imposed in sections 8 and 9, a housing developer licensed shall — (a) within four weeks of any changes made in or against any documents submitted to the Controller under subsection 5 (3) gives the controller the details in writing of any changes to it;
Housing development (control and licensing) 15 (b) exhibit at all times in a conspicuous position in any Office and branch offices of licensed housing developers that a copy of the licence, permit advertisements and sales and a copy of the balance sheet terauditnya the last once the balance sheet and information such as full name now or formerly, address of ordinary residence , citizenship, nationality of origin (if citizenship now instead of the original nationality), business or employment (if any) for each person to control and manage housing developer licensed it and details of any other directorships held by such person;
(c) keep or cause to be kept at its Office in Peninsular Malaysia such accounting and other records that will sufficiently explain the transactions and financial position of the housing developer licensed and allows profit and loss account and balance sheet and any document required to be attached hereto is true and proper is available from time to time, and shall cause the records to be kept in such a way that allowed him to easily and should be audited;
(d) every year appoint an auditor or auditors in the manner required under section 9;
(e) within six months after the end of the financial year for licensed housing developers may be send to the Controller and also publish in the Gazette a copy of the auditor's report prepared under section 9, together with a copy of the balance sheet and profit account ruginya;
(f) not later than 21 days 21 days in January and July each year, send to the Controller a statement in such form and containing such information as the controller may determine from time to time about the progress of housing development that housing developers are working on, carry on or operate or cause pursued;
16 laws of Malaysia ACT 118 (g) if in its opinion he may not be able to meet its obligations to the buyer at any stage of a housing development before issuance of certificate of fitness for occupation, immediately inform the controller about the fact that;
(h) to notify Controllers about handing over ownership of vacant housing accommodation in housing development to the buyer and submit a certificate certified copy of true arkiteknya certifying that construction of housing accommodation was completed properly and that water and electricity readily connected to the housing accommodation;
(i) to notify the controller if the relevant authorities have refused to accept the submission of any document relating to the issuance of a certificate of fitness for occupation and submit the letter of rejection of authorities applicable to the controller;
(j) ensure that the developer housing accommodation was carried out in accordance with any requirements prescribed under any applicable law mengawalsedia building and undertook all the diligence required for the issuance of certificate of fitness for occupation and for production and pemindahmilikan of title to housing accommodation to the buyer; and (k) to notify the controller about the progress of the production of separate strata titles or for housing accommodation and transfer the ownership to the buyer.
Housing developer licensed shall open and maintain housing development accounts 7A. (1) subject to subsection (9), every housing developer licensed shall open and maintain a Housing Development Account with a bank or finance company for each housing development undertaken by the licensed housing developers.
(2) where a housing development will be developed in phases, the housing developer licensed shall open and keep a Housing Development Account under subsection (1) for each level of the housing development.
Housing development (control and licensing) 17 (3) housing developer licensed shall pay into the housing development accounts for a housing development, the purchase money received by housing developer licensed it from the sale of housing accommodation in the housing development and any other required amounts of money paid into the account housing development by regulations made under this Act.
(4) a licensed housing developers cannot withdraw any money from housing development accounts except as permitted by the regulations made under this Act.
(5) subject to paragraph (6) (b), all moneys in the housing development accounts and sagala money held by the trustee the property shall, notwithstanding any other written law to the contrary, be deemed to not be a part of the licensed housing developers property if — (a) the licensed housing developers make any composition or arrangement with his creditors or there is order receipt or order judgment made against him; or (b) the licensed housing developers, which is a company, experience pelikuidasian voluntary or forced.
(6) upon the happening of any of the circumstances referred to in subsection (5) — (a) money in the Housing development accounts and money held by the trustee of the property shall be vested in the official receiver, trustee in bankruptcy or liquidator, as the case may be, to be used for all or any purposes for which money in the housing development accounts and money held by the trustee of the property allowed issued by regulations made under this Act; and (b) any balance of the money in the housing development accounts and money held by the trustee of the estate, after all payments made pursuant to paragraph (a) and all liabilities and obligations of housing developer licensed 18 laws of Malaysia ACT 118 under the sales and purchase agreement in respect of the housing development has been released and met in full, shall be held by the official receiver, trustee in bankruptcy or liquidator , as the case may be, as the money belonging to the housing developer licensed it for use in accordance with the law relating to bankruptcy or winding up of a company.
(7) Notwithstanding any other law to the contrary, all the money in the housing development accounts and money held by the trustee of the property could not be digarnis until all liabilities and obligations of the housing developer licensed under the sales and purchase agreement in respect of the housing development has been released and is fulfilled in full.
(8) subject to the provisions of the banking and financial institutions Act 1989 and the Islamic Banking Act 1983, the Minister may, if it thinks necessary, appoint an approved company auditor to investigate the books, accounts and transactions of a housing development accounts and housing developer licensed shall pay all expenses incurred thereon.
(9) this section shall not apply to any housing development undertaken by housing developer licensed if all housing accommodation in the housing development will not be offered for sale and purchase before the completion of the housing development and issuance of certificate of fitness for occupation.
(10) any housing developer who contravenes or fails to comply with this section commits an offence and, on conviction, be liable to a fine not less than fifty thousand dollars but not more than five hundred thousand dollars and can be imprisoned for a term not exceeding three years or both of each.
Housing developer licensed for the purposes of section 8, 8A, 11 and 12 7B. For the purposes of section 8, 8A, 11 and 12 "licensed housing developers" includes any housing developer whose licences have expired.
Housing development (control and licensing) 19 Arrangement or agreement affecting business housing developer licensed 8. (1) where a licensed housing developers proposing to make an arrangement or agreement to sell, owner shall not assign, dispose of, or rebuild the business or management relating to housing development either through consolidation or otherwise, housing developer licensed shall as soon as possible notify the controller about the arrangements or the proposed agreement and unless approved by the Controller under subsection (2) , licensed housing developers cannot continue with the agreement or arrangement.
(2) if the controller receives notification of the proposed agreement or arrangement under subsection (1), the controller may approve the arrangements or the deal or refuse to give his approval; and in approving the arrangement or agreement that he may impose such conditions as it may deem fit and proper for the purpose of enforcing the provisions of this Act.
Termination of statutory sales and purchase agreement

8A. (1) Notwithstanding anything contained in any agreement, one licensed housing developers may apply to the Minister for approval to terminate all the sales and purchase agreement made in respect of housing development or any stage of the housing development housing development that works, run or operate or cause pursued if — (a) six months after the implementation of the sales and purchase agreement, development of housing accommodation in the development or housing have not been started; and (b) at least seventy-five per cent of all buyers who make sales and purchase agreement have agreed with housing developers to end the sales and purchase agreement in writing.
20 laws of Malaysia ACT 118 (2) any application made under subsection (1) shall be supported by: (a) the consent in writing of the housing developer licensed and each purchaser had agreed to terminate the sales and purchase agreement and the consent has been implemented properly by licensed housing developers and buyers, as the case may be, and witnessed by a solicitor or a Commissioner for oaths do not earlier than one month before the date of application; and (b) any documents or other evidence as may be required by the Minister or as including any evidence that could satisfy the Minister that licensed housing developers capable in terms of financial return to buyers and financiers they all moneys paid by it to the housing developer licensed if the Minister approves the application.
(3) for the purposes of this section, the purchaser together regardless of any number in a sales and purchase agreement shall be treated as a buyer.
(4) upon receipt of an application under subsection (1), the Minister may allow or reject the application for approval.
(5) The approval under subsection (4) the Minister may impose such conditions as it may absolutely deem fit and proper.
(6) the decision of the Minister is final and shall not be questioned in any court and it shall be binding on the housing developer licensed and all buyers and there injuksi may be given to prevent any person from carrying out the decision of the Minister.
(7) all sales and purchase agreement in respect of housing development or a housing development which is subject to approval under subsection (4) including buyers who do not agree with the termination shall be deemed to have been terminated successfully.
Housing development (control and licensing) 21 (8) housing developer licensed shall, within fourteen days from the date of receipt of the approval of the Minister, telling all the buyer in writing of the decision of the Minister.
(9) the housing developer licensed shall repay all monies received by housing developer licensed from their respective buyers are free of any interest within the period specified in the approval of the Minister.
(10) upon receipt of monies refunded under subsection (9), the buyer shall promptly cause all the burden on the land is transferred and the costs and expenses for such transfer shall be borne by and can be claimed as a civil debt from housing developers.
(11) any person who fails to comply with any provision of this section commits an offence and shall on conviction, be liable to a fine not exceeding fifty thousand dollars and fined further does not exceed five thousand dollars for every current day such offence continues after conviction.
Audit 9. (1) subject to subsection (2), every housing developer licensed shall every year or as often as needed appoint any person approved by the Minister to be the auditor or auditors-Auditors; and if a licensed housing developers don't make the appointment or not appoint another auditor to replace an auditor who has resigned or died or whose appointment has been terminated, the Minister may appoint any person or persons who in his opinion is a fit and proper person to be an auditor or auditors for licensed housing developers in question and set the remuneration to be paid to the auditor or auditors appointed such and such remuneration shall be paid by the licensed housing developers for him the auditor or auditors is appointed such.
(2) No person who has an interest in the business of housing developer licensed either as a shareholder or otherwise; and no Director, officer, employee or agent of a housing developer licensed 22 laws of Malaysia ACT 118 qualified to be appointed as auditors of the housing developers; and if any person appointed as an auditor licensed housing developers after his appointment shall acquire an interest in a business licensed housing developers or be a Director, officer, employee or agent of the licensed housing developers, he shall immediately cease to be a licensed housing developers that auditors.
(3) every auditor of a licensed housing developers must make a report to the Controller about the annual balance sheet and profit and loss account licensed housing developers for which the auditor appointed and shall state in every such report whether in its opinion — (a) the balance sheet and profit and loss account is made as is necessary in order to give a true and fair account of the State of affairs of the licensed housing developers;
(b) accounting and records inspected by it stored properly; and (c) if the auditor asks for explanation or information from an officer or agent of the licensed housing developers, description or such information is satisfactory.
(4) every auditor of a licensed housing developers shall have the right of access at all times to the accounting and other records and licensed housing developers and is entitled to require such information and explanations as he needs for the purpose of audit of licensed housing developers or from any other person who owns the information or who can provide any information or explanation of it.
(5) in addition to the duties and powers under this section, every a housing developer licensed Auditors may also exercise the powers and perform the duties conferred or imposed on the controllers and Inspectors under section 10 in relation to the investigation of the Affairs of a housing developer licensed or accounting records or other records.
Housing development (control and licensing) 23 PART IV INVESTIGATION and ENFORCEMENT Investigation 10. (1) either on their own or having her will be directed by the Minister under subsection (2), the controller or the person the Inspector may from time to time in a State secrets investigate the Commission of any offence under this Act or investigate the affairs or accounting records or other records of any housing developer.
(2) the Minister may direct the Controller or a person the Inspector to make an investigation under subsection (1) — (a) if he has reason to believe that housing developers concerned conducts its business in a manner prejudicial to the purchaser; or has insufficient assets to settle its liability or breach of any provision of this Act; or (b) If an application for an investigation so made to him, and every such application shall be supported by not less than five buyers and accompanied by any evidence and guarantees as may be required by the Minister for the purposes of his satisfaction that the application is made in good faith, and on payment of the cost of such investigation.
(3) (struck by A1142 Act).
Power in, search and seize 10A. (1) where it appears to a Magistrate on information on oath in writing and after investigation as it deems necessary, that there is reasonable cause to believe that any premises have been used or will be used for, or there is in any premises or evidence necessary to prove the Commission of, an offence under the Act 24 laws of Malaysia ACT 118, the Magistrate may issue a warrant empowering an Inspector to someone to whom the warrant is directed the , at any reasonable time during day or night with or without the help of — (a) enter into any premises and there search, seize and detain any property, books or other documents;
(b) examine, make copies of, or take extracts from, any books or other documents seized and remanded;
(c) take possession of, and move from the premises, any property, books or other documents seized and remanded;
(d) examine any person in, or in the premises, and for the purposes of the examination of the person detained and transfer them to any place that is required to facilitate the inspection, and seize and hold any property, books or other documents found on that person;
(e) broke open, inspect, and search, any article, container or container; or (f) stop, detain or search any vehicle.
(2) an Inspector authorized under subsection (1) may, if necessary to do so — (a) break open any door or gate in the premises and in the premises and every part of the premises;

(b) the transfer by using force any obstruction to the entry, search, seizure, detention or the transfer; or (c) withhold all or any person found in any premises, or in any vehicle, which is searched under subsection (1) until the premises or vehicle has been searched.
Housing development (control and licensing) 25 (3) where an Inspector has reasonable cause to suspect that because of the delay in obtaining a search warrant under subsection (1) are that — (a) an investigation will be affected; or (b) evidence of the Commission of an offence is likely to be interrupted, transferred, damaged or destroyed, he may enter the premises and carry out in, and in respect of the premises, all the powers referred to in subsection (1) and (2) in a way that fully and adequately as if he has been given cause to do so by a warrant issued under subsection (1).
(4) a list of all articles seized in carrying out a search made under this section and in the place where the goods respectively found shall be prepared by the Inspector that carries out the search and signed by him.
(5) the occupant of the premises entered into under subsection (1), or any person on his behalf, shall at every moment during a search is permitted, and a copy of the list prepared and signed under subsection (4) shall be immediately submitted to the occupier or the person.
(6) an Inspector shall, unless ordered otherwise by any court — (a) on the closure of the investigation or any proceedings arising therefrom; or (b) with the prior permission in writing from the controller to Inspector Act on his behalf for this purpose at any time prior to the closure of the investigation, releasing any property, books or other documents seized, detained or moved by him or any other Inspector, to any person specified by him as legally entitled to property laws, books or other documents if he is satisfied that it is not needed for the purposes of any prosecution or proceeding under this Act , or for the purpose of any prosecution under any other written law.
26 laws of Malaysia ACT 118 (7) a written record shall be made by the Inspector who causes any release of any property, books or other documents under subsection (6) in respect of such relief by stating it in detail the circumstances of, and reasons for, such relief.
(8) if the Inspector is unable to determine the person who is entitled to at law to property, books or other documents or if there is more than one claimant's property, books or other documents that, the Inspector shall report the matter to a magistrate who shall then deal with the property, books or other documents as provided in subsection 413 (2), (3) and (4) and section 414 , 415 and 416 criminal procedure code [Act 593].
Examination on someone 10B. (1) an Inspector may examine any person who himself the Inspector has reason to believe that any property, books or other documents, or other article should, in its opinion, for the purpose of investigation on any offence under this Act, and for the purposes of the examination can withstand such person for such period as may be necessary to carry out the inspection, which shall not in any case exceed twenty-four hours without the permission of a Magistrate , and can transfer that the person in custody to any place as may be necessary to facilitate the examination.
(2) an Inspector who checks on a person under subsection (1) may seize, detain, or take possession of any property, books or other documents, or articles, found themselves that person for the purpose of the investigation is being conducted by him.
(3) no female may be inspected his body under this section or under section 10A except by a woman and by giving careful attention to modesty.
Housing development (control and licensing) of the exercise of power Impedance 27 by an Inspector 10 c. No person shall — (a) refuses to give any Inspector in the exercise of its powers under section 10A or 10B, access to any premises or any part thereof, or refuse to allow himself to be examined;
(b) attack, menggalang, prevent or delay the Inspector melengah-to check-in while he is entitled to check-in;
(c) fails to comply with any valid claim of any Inspector in the execution of its duties under section 10A or 10B;
(d) refuses to provide to an Inspector any information reasonably required of them and the authority given by him;
(e) not submit to, or hide or attempt to hide from, an Inspector, any property, books, documents or other articles related to it someone Inspector there are reasonable grounds for suspecting that an offence has been or is being done under this Act;
(f) save or working to save any thing that has been seized with a fit;
(g) provide to the Inspector by saying as true, information that he knows or has reason to believe is false; or (h) before or after any seizure, break or otherwise destroy any thing to mitigate risks of confiscation, or didapatkannya.
Requirements to provide translation of 10D. (1) where an Inspector finds, seize, detain or take possession of any books or other documents in the exercise of any power under this Act, and the book or other document or any part thereof in a language other than the national language or in English, or in any signal or code, then the Inspector can verbally 28 laws of Malaysia ACT 118 or in writing require the person having possession , custody or control over the books or other documents, so that gives the Inspector a translation in the official language will be a book or other document referred to in any period which, in the opinion of the Inspector, is reasonable given how long a book or other document, or other circumstances related to it.
(2) No person shall with disedarinya gives a translation under subsection (1) that is not an accurate translation, honest and true, or with disedarinya make a translation under that subsection that are not accurate, honest and true.
The authority to examine people 10E. (1) where an Inspector suspects that any person has committed an offence under this Act, he may, if in its opinion it is reasonably necessary to do so for the purpose of investigation over the offence — (a) order any person orally or in writing in order to appear before the Inspector for the purposes of examined orally by the Inspector in respect of any matter that may be , in the opinion of the Inspector, helping in the investigation over the offence;
(b) order any person orally or in writing to submit before the Controller or Inspector books, other documents, property, article, or thing which may, in the opinion of the controller or the Inspector, helping in the investigation over the offence; or (c) by notice in writing require any person to provide a written statement made upon oath or pledge explains in it all such information as may be required under the notice, is information that, in the opinion of the Controller, will be able to help in the investigation over the offence.
Housing development (control and licensing) 29 (2) a person to whom an order under paragraph (1) (a) or (b), or a written notice under paragraph (1) (c), has been given shall comply with the terms of the order or notice, as the case may be, and in particular — (a) a person to whom an order under paragraph (1) (a) has been granted shall be present in accordance with the terms of the order for inspection , and shall continue to be attending from a day to a day as directed by the Inspector until the inspection is completed, and should the inspection reveal along all the information available in the knowledge, or which are available to it, or which can be obtained by it, in respect of matters related to it he was inspected, whether any question submitted to it or not about it, and if any question submitted to it he shall answer the question correctly and all that he knows and believes , and may not refuse to answer any question on the ground that the answers can show that he is guilty;
(b) a person to whom an order has been given under paragraph (1) (b) shall not be concealed, hide, destroy, mengubahpinda, transferring from or send to outside Malaysia, or mengurusniagakan, spend, or dispose of, any book, other documents, property, article, or thing specified in the order, or mengubahpinda or damaging any cacatan in any book or other document or cause such acts to be done , or assist or plotting to do it; and

(c) a person to whom a notice has been given under paragraph (1) (c) shall, in his statement made upon oath or pledge, provide and disclose properly all of the information required under the notice within its knowledge, or which are available to it, or which can be obtained by him, and shall not be failed to provide or disclose such information on the ground that the answers can show that he is guilty.
30 laws of Malaysia ACT 118 (3) a person to whom an order or notice given under subsection (1) shall comply with the notice or order and the provisions of subsection (2) relating to the order or the notice, notwithstanding the provisions of any written law, whether made before or after the commencement of this Act, or any oath, undertaking or requirement of secrecy, the opposite , or any obligation under any contract, agreement or arrangement, whether express or implied, to the contrary.
(4) where any person to disclose any information or produce any property, books, other document, article, or thing, in accordance with subsection (1) and (2), the good person who mentioned, nor any other person on behalf or on the instructions of or as an agent or employees the firstmentioned person may act, shall not, by reason of the disclosure or production of it, be liable to any claim as any offence under or by virtue of any law , or liable to any proceedings or claims in any form or any description by any person under or by virtue of any agreement or arrangements, or otherwise.
(5) an Inspector may seize, take possession of and hold for such period of time as it considers necessary, any property, books, other document, article or thing produced before it during the berjalannya an investigation under subsection (1), or examine the person being examined by him under paragraph (1) (a), or submit any article to him under paragraph (1) (b), to see whether any thing related to the investigation of hidden , at the person's self or otherwise pad yourself that person.
(6) an inspection under paragraph (1) (a) shall be made in writing by the Inspector and shall be read over to and signed by the person being examined, and if the person refuses to sign the record, the Inspector shall endorse or him under his hand stating the case of the refusal and the reasons therefor, if any, specified by the person who inspected it.
Housing development (control and licensing) 31 (7) Records an inspection under paragraph (1) (a), or a statement in writing upon oath or affirmation made pursuant to paragraph (1) (c), or any property, books, other document, article or thing produced under paragraph (1) (b) or in the course of an inspection under paragraph (1) (a) or under a statement in writing upon oath or affirmation made pursuant to paragraph (1) (c) shall, notwithstanding any law or law of law to the contrary, be receivable in evidence in any proceedings in any court — (a) for, or in relation to, an offence under this Act; or (b) for, or in connection with, any other matter under this Act, regardless of whether the proceedings are against people who have inspected, or producing the property, books, other document, article or thing, or that make a written statement on oath or pledge, or against any other person.
A particular person in respect of which the power of investigation exercisable 10F. The powers of investigation granted to an Inspector under this section, may be exercised by him of — (a) any business associates ago or now; or (b) any person who is or has been cut-collective management or control, in whole or part the Affairs, people suspected to have committed an offence under this Act.
Assistance to the police officer or other public officer 10 g. Controller may at its own initiatives, or on request of a person Inspector — (a) provide to a police officer or any other public officer a copy of any book or other document seized, detained or taken possession under section 10A or 10B, or any record of 32 laws of Malaysia ACT 118 inspection under paragraph 10E (1) (a), or any statement in writing upon oath or affirmation made under paragraph 10E (1) (c) , or any book or other document submitted under paragraph 10E (1) (b), or otherwise in the course of any inspection under paragraph 10E (1) (a), or under any statement in writing upon oath or affirmation made pursuant to paragraph 10E (1) (c), and the police officer or other public officer can use copies for records, statements, books or other documents as may be necessary or expedient in connection with the exercise of its powers , the performance of its functions, or the discharge of its duties, in respect of any person; or (b) allow a police officer or any other public officer to have access to and inspect any property, books, other document, article or thing has been made before, or seized, detained or taken possession, by an investigating officer under this Act, and the police officer or other public officer can use any knowledge acquired by way of access or inspections as may be necessary or expedient in connection with the exercise of its powers , the performance of its functions, or the discharge of its duties, in respect of any person.
Protection of informer 10 h. (1) except as provided in subsection (3), no witness in any civil or criminal proceedings may be required or permitted to disclose the name or address of any informer or the content and type of information received therefrom or declare any matter that may cause the informer known.
(2) if any books, documents, records or papers that constitute or that may be inspected in any civil or criminal proceedings contain any entry in which any informer is named or described or which might cause the informer is known, the Court shall cause to be all such parts are closed out of sight or deleted to the extent necessary to protect the informer of the unknown.
Housing development (control and licensing) 33 (3) If during the trial for any offence under this Act, the Court after a full investigation on the case believe that the informer wilfully made in aduannya a statement of material which he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be carried out solely between the parties in the proceedings without the identity of the informer is known , then it shall be lawful for the Court to require that the original complaint, if written, presented, and allow investigations, and require full disclosure concerning the informer, that.
Power to act 10I. Someone Inspector when acting under this part shall when requested to disclose his Office and submit to the person against whom he is acting in anything written permission as the controller can point to run by the Inspector.
Limitation on power of someone Inspector 10J. No Inspector shall be entitled to exercise any powers under this section without the prior written consent of the controller.
Part V of MINISTER powers of Minister to give directions for the purpose of protecting the interests of the buyer 11. (1) if upon her will own a housing developer licensed tells the controller or if as a result of an investigation made under section 10 or for any other reason in the opinion of the controller housing developer licensed is not unequivocal to the purchaser or almost suspended operation of construction or conducts its business in a manner detrimental to the interests of the purchaser, the Minister may, without prejudice to the generality of the power of Minister to give directions under section 12 for the purpose of protecting the interests of the buyer housing developer licensed that — (a) direct developer licensed housing in question in order to take such steps as he considers necessary to correct any matter or circumstances;
34 the laws of Malaysia ACT 118 (b) direct that a person appointed or he himself appoints someone to advise the housing developer licensed it in carrying out its business;
(c) with the consent of the Minister of finance ordered a company to take control of and conduct business housing developers on terms and conditions as the Minister may determine;
(ca) confirms that licensed housing developers have left housing development;
(d) direct that the licensed housing developers submit a petition to the High Court for the winding up of its business; or (e) take such action as may be deemed necessary by the Minister in the circumstances of that case to enforce the provisions of this Act.

(1A) in the direction or decision under paragraph (1) (a), (b), (c) or (e), the Minister may prescribe that any costs and expenses incurred with reasonably required by such persons as may be specified by the Minister in carrying out the order or decision of the Minister shall be paid from the account housing development housing development or from money payable to the accounts.
(2) every such instructions by the Minister under subsection (1) shall be binding on the licensed housing developers and buyers.
(3) where a company has, in accordance with the directions of the Minister under paragraph (1) (c), taking control and doing business a licensed housing developers, the following provisions shall apply: (a) a licensed housing developers concerned shall surrender his business to control the company and shall hold to the company such facilities as may be deemed necessary by the controller for the purpose of conducting the business of the licensed housing developers;
(b) the company shall take over and control and continue to conduct business housing developer licensed until the time directed otherwise in writing by the Minister; and housing development (control and licensing) 35 (c) every intake and cessation of business control a housing developer licensed in accordance with the directions of the Minister made under paragraph (1) (c) shall be published by the controller in the Gazette.
Power of Minister to give general instructions 12. The Minister may provide a housing developer licensed any direction he deems fit and proper for the purpose of ensuring compliance with this Act, and any such instructions shall be in writing and shall bind the licensed housing developers to whom instruction is made.
Cancellation and suspension of licence 13. If any of the housing developer licensed — (a) carry out its business, in the opinion of the controller, in a manner prejudicial to the interests of the buyer or any member of the public;
(b) has insufficient assets to cover its liability;
(c) contravenes any of the provisions of this Act; or (d) has ceased to carry out housing development in Peninsular Malaysia, then the controller can be subject to the provisions of section 14 in relation to the giving of an opportunity to be heard revoke the license issued to a housing developer licensed it or suspend the licence for such period as may be specified by the controller.
The controller shall report the behavior of someone architect or engineer 13A. If the controller is satisfied that a person's behavior or architect engineers a housing developer has been prejudicial to the interests of the buyer licensed housing developers, the controller can report behavior of architects or engineers to their respective professional bodies.
36 laws of Malaysia ACT 118 Pemindahmilikan or assignment of license 13B. No license or any right to the licence issued to a housing developer under this Act shall be transferred or diserahhak and any pemindahmilikan or assignment is not valid.
Opportunity to be heard shall be given prior to the cancellation or suspension of a licence and in certain other matters 14. Prior to cancel or suspend a licence under section 13 or before the change, cancel or vary any conditions imposed on a licence or before applying to any new conditions or additional conditions under subsection 5 (5), the controller shall notify the housing developer that affected by the proposed action is taken by the controller on the action proposed aforesaid and shall give licensed housing developers a chance to present the reason or explanation of why the proposed action such as referred to earlier should not be carried out.
Individuals are not eligible to participate in the business management of a housing developer licensed 15. (1) without prejudice to anything contained in any written law relating to a company, co-operative, partnership, organization and any person who acts as or held the post of a Director, Manager or Secretary of a housing developer licensed or position or a similar position shall cease to hold office or position that — (a) if he becomes bankrupt or suspends payment to or make settlement with his creditors; or (b) if he is convicted of an offence involving dishonesty or fraud.
Housing development (control and licensing) 37 (2) No person who has been a Director of, or directly involved in the management of the business of a licensed housing developers that were wound up by the Court, without the approval of the Minister in writing, can act or continue to act as a Director of, or directly involved in the management of any business licensed housing developers.
Right of appeal to the Minister by a housing developer licensed aggrieved by a decision of the Controller 16. An applicant applying under subsection 5 (3) or a licensed housing developers, as the case may be, aggrieved by the Act or decision of the controller — (a) who refused to give a license to it under section 5;
(b) modify, change or cancel any licences or impose conditions thereon any new conditions or additional conditions under subsection 5 (5);
(c) who refuses to give approval to a proposed agreement or arrangement made by a housing developer licensed under section 8, or approved the arrangement or agreement but subject to conditions imposed thereon; or (d) revoke or suspend licences under section 13, may, within fourteen days after being notified about the action or decision of the controller action or appeal against such decision to the Minister; and decision of the Minister made on the appeal shall be final and shall not be questioned in any court.
PART VI TRIBUNAL CLAIM HOUSE BUYERS meaning home buyers "16A. For the purposes of this section, "home buyer" means a buyer and includes a person who has purchased then a housing accommodation of the first buyers of the housing accommodation.
38 the laws of Malaysia ACT 118 establishment of Tribunal Claims house buyers 16B. A tribunal known as the "Homebuyer Claims Tribunal" was established.
Membership Of The Tribunal 16C. (1) the Tribunal shall consist of the following members: (a) a Chairman and a Deputy Chairman who shall be appointed from amongst the members of the Judicial and legal service; and (b) not less than five other members who shall be appointed by the Minister from amongst persons who is a member of the judicial and legal service or a barrister and solicitor of the High Court in Malaya and was practice for not less than seven years.
(2) a Member referred to in paragraph (1) (b) — (a) shall hold office for a period not exceeding three years; and (b) shall be eligible for reappointment after the expiration of his Office but not be appointed over the next three years in a row.
Temporary exercise of functions of Chairman of the 16D. If the Chairman due to any reason is unable to perform his functions or during any period of vacancy the Chairman, the Deputy Chairman shall perform the functions of the Chairman.
Kokosongan the position of 16E. The position of a member of the Tribunal shall be vacated — (a) upon the death of the Member; (b) when the member resigns by giving three months written notice to the Minister;
Housing development (control and licensing) 39 (c) after the expiration of the terms of his Office; or (d) when the member ceases to be a member of the Judicial and legal service or a barrister and solicitor of the High Court in Malaya.
Revocation of appointment of 16F. The Minister may revoke the appointment of a member of the Tribunal appointed under paragraph 16C (1) (b) — (a) if his actions, whether in connection with his duties as a member of the Tribunal or otherwise, has good name disfigure Tribunal;
(b) if he becomes unable to perform his duties properly as a member of the Tribunal;
(c) if there has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under a law relating to corruption;
(iii) an offence under this Act; or (iv) any other offence can be sentenced to prison for more than two years;
(d) if he has been sentenced to become bankrupt;
(e) if he is found or declared as not of unsound mind or has otherwise become incapable of managing its affairs; or (f) if he fails to attend three consecutive meetings of the Tribunal without the permission of the Chairman.
Resignation of 16G. One member of the Tribunal appointed under paragraph 16C (1) (b) may at any time resign his Office by giving three months notice in writing to the Minister.
40 laws of Malaysia ACT 118 Filling vacancy 16 h. If a member ceases to be a member of the Tribunal, the Minister may appoint another person to fill the vacancy.
16I remuneration. (1) the members of the Tribunal appointed under paragraph 16C (1) (a) shall be paid such allowances and other allowances as the Minister may specify.
(2) the members of the Tribunal appointed under paragraph 16C (1) (b) shall be paid: (a) the legal allowance during daily Conference Tribunal; and

(b) any allowance for accommodation, travel and living, as the Minister may specify.
(3) Remuneration provided in subsection (1) and (2) shall be charged on the consolidated fund.
The Secretary of the Tribunal and other officers 16J. (1) there shall be appointed a Secretary Tribunal and any number of officers as may be necessary to carry out the functions of the Tribunal.
(2) the Chairman shall have general control over the Tribunal officer.
(3) for the purposes of this Act, the Secretary of the Tribunal shall be deemed to be an officer of the Tribunal.
16K Tribunal Meeting. (1) the jurisdiction of the Tribunal shall be carried out by any of the following person assembled one only: (a) the Chairman of the Tribunal; (b) the Deputy Chairman of the Tribunal; or housing development (control and licensing) 41 (c) any member of the Tribunal shall be determined by the Chairman.
(2) the Tribunal may meet once or more on any day and at any time as determined by the Minister.
(3) if the Chair of any proceedings in respect of a claim dies or becomes incapacitated, or for any other reason unable to resolve or dispose of such proceedings, the claim shall be heard by the other members of the Tribunal, unless the parties agree that the claim was continued by other members of the Tribunal.
(4) If the period of the appointment of any member of the Tribunal under this section is due during any proceedings in respect of a claim is pending, the period of his appointment shall be deemed extended until final disposition of the claim.
Commencement of proceedings 16L. a home buyer may submit a claim to the Tribunal in the prescribed form, together with the fee prescribed for any loss incurred or any matter related to his interest as a buyer under this Act.
The jurisdiction of the Tribunal 16 m. (1) subject to section 16N and 16O, the Tribunal shall have jurisdiction to determine a claim submitted under section 16L if the total quantity in respect of which an award of the Tribunal requested does not exceed twenty-five thousand dollars.
(2) subject to subsection (1), a respondent can raise a claim for a debt or claim a certain amount as — (a) a defense; or (b) a counterclaim.
42 laws of Malaysia ACT 118 (3) If a respondent raises a debt or claim a certain amount under subsection (2) and debts or claims that proved the Tribunal shall — (a) carry out the defence; or (b) to hear and determine the counterclaim is even claim withdrawn, abandoned or cancelled.
(4) any claim submitted to the Tribunal may include loss or damage of consequence.
Limitation of jurisdiction 16N. (1) except as expressly provided for under this Act, the Tribunal does not have jurisdiction in respect of any claim — (a) to recover lands, or any estate or interest on the land; and (b) in which there is a dispute relating to — (i) the right of any person under a last will or settlement, or against death not bequeath (including death not bequeath partial);
(ii) the name of the good;
(iii) any right in action; or (iv) any business secrets or other intellectual property rights.
(2) the jurisdiction of the Tribunal should be limited to a claim based upon a cause of action arising out of the sales and purchase agreement made between house buyers and licensed housing developers carried by a home buyer not less than twelve months from the date of issuance of certificate of fitness for occupation to houses of residence or last date of defect liability period as stated on the sales and purchase agreement.
Housing development (control and licensing) 43 (3) Notwithstanding subsection (2) no claim may be affected or were defeated on the ground that there are no sales and purchase agreement has been made between house buyers with housing developer licensed at the time the cause of action accrued survivor of a previous arrangement between house buyers and licensed housing developers with respect to recruitment home residence.
(4) Nothing in this section shall be deemed to confer authority to the Tribunal to deal with a claim arising from personal injury or death.
(5) for the purposes of subsection (1), "land" does not include fixtures.
The expansion of jurisdiction through Treaty of 16O. (1) the amount or value of the matter required or in question for more than twenty-five thousand dollars, the Tribunal shall have jurisdiction to hear and determine the claim if the parties have made an agreement in writing that the Tribunal shall have jurisdiction to hear and determine the claim.
(2) an agreement may be made under subsection (1) — (a) before a claim submitted under section 16L; or (b) If a claim has been made under section 16L, at any time before the Tribunal has recorded a settlement agreed in respect of the claim under subsection (3) or 16T has determined the claim under section 16Y, as the case may be.
Omission to bring the claim within the jurisdiction of 16 p. (1) a claimant can leave as much of a claim in excess of twenty five thousand dollars so that the claim is within the jurisdiction of the Tribunal.
44 the laws of Malaysia ACT 118 (2) If a part of a claim have been abandoned under subsection (1), the record of the Tribunal regarding a solution agreed under subsection (3) or 16T award Tribunal under section 16Y, as the case may be, in respect of such claims shall serve to release the person — (a) who is a party to an agreed solution; or (b) against whom the claim is brought and the subsequent award is made, from liability in respect of the amount left so.
Cause of action cannot be divided on 16Q. Claims cannot be divided, or more than one claim has been made, in respect of the same thing against the same party for the purpose of bringing it within the jurisdiction of the Tribunal.
Exemption from the Court's jurisdiction 16R. (1) If a claim is submitted to the Tribunal and the claim is within the jurisdiction of the Tribunal, the question in dispute in the claim, whether presented as the original claim or arising in the course of the hearing, may not be the subject of proceedings between the same parties in any court unless — (a) the proceedings before the Court have been instituted before the claim is submitted to the Tribunal; or (b) a claim before a Tribunal that withdrawn, abandoned or cancelled.
(2) if paragraph (1) (a) applies, the question in dispute in the claim to which the proceedings relate, whether presented as the original claim or arising in the course of the hearing, may not be the subject of proceedings between the same parties before the Tribunal unless the claim before the Court withdrawn, abandoned or cancelled.
Housing development (control and licensing) 45 notice of claim and hearing 16S. Once a claim is submitted under section 16L, the Secretary of the Tribunal shall give notice of the details of the day, time and place of the hearing in a prescribed form to the claimant and the respondent.
Negotiation solutions 16T. (1) the Tribunal shall, in respect of every claim within its purview, evaluating whether, in all the circumstances, it is appropriate for the Tribunal to assist the parties to negotiate an agreed solution in relation to the claim.
(2) without limiting the generality of subsection (1), the Tribunal shall be assessed taking into account the aforementioned factors which, in the opinion of the Tribunal, likely to impair the ability of one or both parties to negotiate an agreed solution.
(3) if the parties reach a settlement of the dispute, the Tribunal shall approve and record the solution and a solution shall then become effective as-by it is the award Tribunal.
(4) where — (a) it appears to the Tribunal that it is inappropriate for him to help the parties to negotiate an agreed solution in relation to the claim; or (b) the parties are not able to reach an agreed solution in relation to the claim, the Tribunal shall continue to determine the dispute.
The right to attend the hearing 16U. (1) on the hearing of a claim every party is entitled to appear and be heard.
46 laws of Malaysia ACT 118 (2) no party may be represented by a barrister and solicitor in a hearing unless, in the opinion of the Tribunal article in question involves complex legal issues and a party will suffer severe financial hardship if he or she is not represented by an advocate and solicitor; But if a party is allowed then to be represented by a barrister and solicitor then the other party shall also be entitled to the same.
(3) subject to subsection (2) but notwithstanding section 37 of the legal profession Act 1976 [Act 166] — (a) a corporation or an unincorporated group of persons can be represented by a paid full-time employees of the Corporation or the Group;

(b) a minor or any other person's disability can be represented by the best friend his attorney or guardian ad litem.
(4) If a party to be represented as permitted under subsection (3), the Tribunal may impose such conditions as it deems necessary to ensure that the other party to the proceedings is not at substantially disadvantage.
Proceedings shall be general 16V. All proceedings before the Tribunal shall be open to the public.
Evidence of 16W. (1) the Tribunal may — (a) acquire and receive all evidence upon oath or pledge, whether written or verbal, and check out all that person as a witness, as the Tribunal may deem necessary to acquire, receive or examine;
(b) require that books, papers, documents, records and things produced before it;
(c) to handle any oath, affirmation, or statutory declaration in accordance with the requirements of the case;
(d) seek and accept any evidence and make any other investigation as he thinks fit;
Housing development (control and licensing) 47 (e) sued the party to the proceedings or any other person to appear before it to give evidence or to produce any document, record or other thing in his possession or otherwise to assist the Tribunal in pertimbangtelitiannya;
(f) receiving expert evidence; and (g) the overall direct and make all things as may be necessary or expedient so that claims can be resolved quickly and efficiently.
(2) a summons issued under this section shall be communicated and enforced as if it a summons issued by a lower court.
Tribunal can act in the absence 16X. The Tribunal may hear and determine the claim before it even with the absence of any party to the proceedings if it is proved to the satisfaction of the Tribunal that a notice of hearing has been served by the parties is not present.
16Y Tribunal Award. (1) the Tribunal shall make awardnya without unnecessary delay and, wherever practicable, within 60 days from the first day of the hearing before the Tribunal begins.
(2) an award of the Tribunal under subsection (1) may require one or more of the following: (a) that a party to the proceedings to pay the money to any other person;
(b) that the price or other consideration paid by the buyer or any other person be refunded to purchasers of such person;
(c) that a party adhere to the sales and purchase agreement; (d) that the money awarded to compensate for any loss or damage suffered by the claimant;
(e) that contracts varied or set aside, in whole or in part;
48 laws of Malaysia ACT 118 (f) that the costs to or against any party payable;
(g) that the interest payable on any amount of money or financial award at a rate not exceeding eight per cent per annum, unless it has been otherwise agreed between the parties;
(h) that the claim is rejected.
(3) no nothing in paragraph (2) (d) or (f) shall be deemed to be to empower the Tribunal to award any damages for any loss of or damage to non-monetary.
A reference to a judge of the High Court on a question of law 16Z. (1) before the Tribunal to make an award under section 16Y, it may, in its discretion, refer to a judge of the High Court on a question of law — (a) arising in the course of proceedings; (b) which, in the opinion of the Tribunal, have sufficient interest and proper got the reference; and (c) the determination by the Tribunal which, in the opinion of the Tribunal, giving rise to doubt who carries sufficient and proper got the reference.
(2) if the Tribunal refer any question of law under subsection (1) to a judge of the High Court, it shall make the award in accordance with that decision.
(3) a Federal Counsel authorized by the Attorney General for that purpose can be present on behalf of the Tribunal in any proceedings before a Judge of the High Court under this section.
Decision 16AA. The Tribunal shall in all proceedings gives reason for awardnya in the proceedings.
Housing development (control and licensing) Order and settlement shall be 49 recorded in writing 116AB. The Tribunal shall make or cause to be made a written record of the terms — (a) every agreed solutions achieved by the parties under subsection 16T (3); and (b) every award made by him under 16Y section.
The decision of the Tribunal shall be final 16AC. (1) every solution agreed upon are recorded by the Tribunal under subsection 16T (3) and every award made by the Tribunal under section 16Y — (a) shall be final and binding on all parties in the proceedings;
(b) shall be deemed to be an order of the magistrate's Court and enforced properly by any party to the proceedings.
(2) for the purposes of paragraph (1) (b), the Secretary of the Tribunal shall send a copy of the award made by the Tribunal to the magistrate's court having jurisdiction in the place of the award in relation to or in the place where the award has been made and the Court shall cause a copy of the note.
Criminal penalties for not complying with 16AD. (1) any person who fails to comply with an award made by the Tribunal within the period specified therein commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) in the case of a continuing offence, the offender shall, in addition to the penalties under subsection (1), shall be liable to a fine not exceeding one thousand dollars for each day or part of the current day such offence continues after conviction.
50 laws of Malaysia ACT 118 Procedure if no provision is made 16AE. Subject to this Act and to any regulations, the Tribunal shall adopt such procedures as he may deem fit and proper.
Absence form 16AF. No proceedings Tribunal or award or other document may be waived or cancelled Tribunal due to lack of form.
Disposal of documents, etc.
16AG. (1) the Tribunal may, at the conclusion of the proceedings before it, direct that any documents, records, material or other property submitted during the proceedings are sent to the owner who is entitled to submit or disposed of in such manner as it deems qualified.
(2) where no person has been sending submit documents, records, material or other property referred to in subsection (1) after a six-month period, ownership of the documents, records, material or other property shall be deemed to have transferred titles to and be vested in the Government.
Act or omission made in good faith 16AH. No action or suit shall be instituted or maintained in any court against — (a) the Tribunal; (b) one member of the Tribunal; or (c) any person authorized to act for or on behalf of the Tribunal, for any act or omission done in good faith in the performance of its functions and exercise of its powers under this Act.
Regulations relating to Tribunal 16AI. (1) the Minister may make any regulations as may be necessary or expedient in connection with the Tribunal.
Housing development (control and licensing) 51 (2) without prejudice to the generality of subsection (1), regulations may be made to — (a) prescribing the responsibilities of members of the Tribunal;
(b) prescribing the procedures of the Tribunal;
(c) prescribing the forms to be used in proceedings under this part;
(d) fix and impose fees and provide a way to collect and pay the fee;
(e) prescribing anything required to be prescribed under this section.
PART VII MISCELLANEOUS Indemnity and protection against legal proceedings 17. No action can be made against the Government, the Minister, the controller, the inspector or to any government officials or any person acting under the direction of the Minister, the controller or the Inspector to obtain damages in any civil court for anything done or omitted, directed from bona fide performed pursuant to this Act; and all the actions that can be taken to be valid in respect of anything done, directed or left than done pursuant to this Act shall be commenced within six months from the date of the Act of Act or omission complained of, and not the next.
Offences relating to a licence under section 5 18. Any housing developers who — (a) in contravention of subsection 5 (1) of regular, running, or working on housing development without properly licensed under that section;
52 laws of Malaysia ACT 118 (b) in contravention of subsection 5 (2) the taking or using in connection with its business or any part of its business the word "Developer" or any derivations or Word or other words indicating the exercise of business housing development; or (c) fails to comply with any conditions imposed on the licence granted under section 5, commits an offence and, on conviction, be liable to a fine not less than fifty thousand dollars but not more than five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
Offence by the developer housing 19. Any housing developers who — (a) in contravention of any provision of section 7 does not perform any duty imposed by that section;

(aa) to enter into arrangements or agreement in contravention of section 8 or fails to comply with any condition imposed pursuant to subsection (2) of that section;
(b) (struck by A1142 Act);
(c) after the Minister, pursuant to paragraph 11 (1) (c), ordered a company to take control of and conduct business the housing developers, in contravention of subsection 11 (3) does not deliver its business to control the company or do not hold to the company such facilities as may be deemed necessary by the controller for the purpose of conducting the business of the licensed housing developers;
(cc) fails to comply with any direction given by the Minister under paragraph 11 (1) (a), (b), (d) or (e); or (d) in contravention of section 12, fails to comply with any direction given by the Minister under that section.
Housing development (control and licensing) 53 commits an offence and, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or both and can be liable to a fine not exceeding five hundred dollars for each day the offence continues after conviction.
Offences by a Director or a person associated with the business of licensed housing developers in particular case 20. Any person who — (a) in contravention of subsection 15 (1) continued to act as or hold the position of a Director, Manager or Secretary of a housing developer licensed or any Office or position similar to that employed by licensed housing developers that although he has become bankrupt or suspends payments to or has made a settlement with his creditors or convicted of an offence involving fraud or dishonesty; or (b) in contravention of subsection 15 (2) Act as or hold or continue to act as or hold office on the Board or directly involved in the management of any business licensed housing developers without written permission of the Minister after business licensed housing developers has been wound-up by court, commits an offence and, on conviction, be imprisoned for a term not less than twelve months but not exceeding three years and may be liable to a fine not exceeding fifty thousand ringgit.
Penalty for offence penalty thereof not provided 21. Any housing developer who commits an offence against this Act for which no specific penalty is provided, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
54 laws of Malaysia ACT 118 Liability of Directors, managers and other officers for the offence committed by the company and the liability of a person for acts committed by other 22. (1) where any offence against any provision of this Act has been committed by a housing developer, any person that at the time of the Commission of the offence was a Director, Manager or Secretary or holds any Office or position of similar or is an agent, clerk or servants housing developer shall be deemed to be guilty of that offence, unless he proves that the offence was committed without the consent or pembiarannya and that he has undertaken every effort to prevent the Commission of the offence as may be should be carried out by it, taking into account the type of functions on the properties and all the circumstances and, on conviction, be imprisoned for a term not less than twelve months but not exceeding three years and may be liable to a fine not exceeding fifty thousand ringgit.
(2) any person shall be liable to any penalty or penalties under this Act for any act or omission shall be liable to the same punishment or penalty for an act or omission by — (a) his partner;
(b) its agent acting on his behalf;
(c) the clerk or pekhidmatnya acting in furtherance of his employment; or (d) the clerk or his servants or agents acting in furtherance of his employment in the circumstances if the Act or omission is done by a partner or agent of the person aforesaid shall be liable under this subsection: provided that nothing-nothing in this provision may release partner, agents, clerks or servants or clerks or servants of partner or the agent from liability to prosecution.
Housing development (control and licensing) 55 public servants and public servants 22A. Controller, every Deputy Controller, every Inspector and all members and officers of the Tribunal shall be deemed to be public servants for the purposes of the Penal Code [Act 574], and as a public officer for the purposes of criminal procedure or any other written law that the Minister may fix from time to time.
The application of the Public authorities Protection Act 1948 22B. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Minister, the controller, any Deputy Controller, any Inspector, Tribunal or any member or officer of the Tribunal in respect of any act, negligence or default made or done by him on a nature that is.
The right to commence and maintain an action 22C. Notwithstanding anything contained in any written law or any of the tenets of the law, a home buyers as defined in section 16A shall be entitled on his life with his own and in his own name to start, run, carry and maintain in any court or tribunal of any action, suit or proceeding against a housing development or any other person with respect to any matter arising out of sales and purchase agreement made between the buyer with the housing developers unless a purpose to the contrary stated in any agreement, assignment or mortgage between house buyers with pembiayanya where previous written consent from its funding must be obtained before he exercise any of its rights under this section.
Prosecution 23. No prosecution for any offence under this Act shall be instituted except by or under the direction or with the consent of the public prosecutor.
56 laws of Malaysia ACT 118 Power to compound 23A. (1) the controller may compound any offence against this Act or any regulations made under this Act which has been prescribed under paragraph 24 (2) (i) be an offence that can be compounded by collecting from people suspected by its reasonable to have committed such offence a sum of money not exceeding the maximum fine prescribed for the offence.
(2) where an offence has been compounded under subsection (1), no prosecution shall be instituted subsequently in respect of offences compounded it.
(3) any money paid to the controller under this section shall be paid into and form part of the consolidated fund.
The power to make regulations 24. (1) subject to this section, the Minister may make regulations for the purpose of enforcing the provisions of this Act.
(2) in particular and without prejudice to the generality of the powers mentioned above, the regulations may — (a) regulate advertising a housing developer licensed; (b) regulating the use of the name of the residential area developed by a housing developer licensed; (c) prescribing the form or forms of contract to be used by a licensed housing developers, his agent, nominee or the purchaser both as a condition the granting of a licence under this Act or otherwise;
(d) regulating the payment (under whatever name it described) that can be made by a purchaser either before, during or after the construction of houses, flats or other dwellings for which the buyer is required to make payment, including the amount of the costs, the time when payment is due and the conditions to be met by a housing developer licensed before he can ask costs;
Housing development (control and licensing) 57 (e) regulate and prohibit the conditions and the terms of any contract between a licensed housing developers, his agent or nominee and the purchaser;
(f) provide for fees payable under this Act; (g) provide that any act or omission which berlanggaran with any of the regulations is an offence and provide for penalties thereon whether by fine or imprisonment or both: provided that any penalty provided for not more than five thousand dollars and imprisonment provided for not more than three years, and in addition to it may also provide for the cancellation and suspension of a license issued under this Act; and (h) prescribing the money shall be paid into or removed from the housing development accounts and the conditions for the withdrawal;
(i) prescribing offences can be compounded and the form to be used in and ways and procedures to compound the offence;
(j) provide for any matter required or permitted to be prescribed or as are necessary or expedient to be prescribed under this Act to carry out this Act.

(3) a copy of all regulations made under this section shall be published in the Gazette and laid before each Parliamentary Council as soon as possible after they had made.
58 laws of Malaysia ACT 118 SCHEDULE a [Subsection 5 (3)] (1) (2) (3) the applicant documents required By whom the documents submitted shall be verified Person 1. A copy of the balance sheets of the Person itself about the last audited, if any, in relation to all housing development undertaken by the Group 1. A copy of the agreement any person Person between or among the people that make up the group that the Group 2. A copy of the audited balance sheet on which, if any, in relation to all housing development undertaken by the group that the person the company 1. A copy of the memorandum of a Director, the Managing Director, General Manager, 2. A copy of the article the Secretary or Association of any senior officials 3. A copy of the balance sheet the company audited on a firm 1. A copy of the agreement is a partner of a partnership 2. A copy of the audited balance sheet the last Establishment 1. A copy of the rules by the President or by-laws of the society Secretary 2. A copy of the balance sheet audited on housing development (control and licensing) 59 laws of MALAYSIA Act 118 ACT housing development (control and licensing) Act 1966 LIST AMENDMENT law short title force amend from Ord. 41/70 Emergency (powers 23-07-1970 (P.U. (A) 259/1970) required) No. 41, 1970 Act A116 housing developers Act 04-04-1972 (control and licensing) (Amendment) Act 1972 Act 160 Currency Act 29-08-1975 (dollars) 1975 Act A402 housing developers Act 10-06-1977 (control and licensing) (Amendment) Act 1977
Housing developers Act A703 Act 01-12-1988 (control and licensing) (Amendment) Order 1988 Act A996 Interpretation 24-07-1997 (Amendment) Order 1997 Act A1142 housing developers Act 01-12-2002 (control and licensing) (Amendment) Order 2002 60 laws of Malaysia ACT 118 laws of MALAYSIA Act 118 ACT housing development (control and licensing) Act 1966 LIST SECTION AMENDED Section Power amend the effect from the long Title of the Act A996 24-07-1997 part 1 Act A1142 01-12-2002 1 Act A996 24-07-1997 Act A1142 01-12-2002 2 P.U. (A) 259/1970 23-07-1970 Act A116 04-04-1972 Act A1142 01-12-2002 3 P.U. (A) 259/1970 23-07-1970 Act A116 04-04-1972 Act A703 01-12-1988 Act A1142 01-12-2002 4 Act A1142 01-12-2002 part II Act A1142 01-12-2002 5 Act A703 01-12-1988 Act A1142 01-12-2002 6 P.U. (A) 259/1970 23-07-1970 Act A116 04-04-1972 Act A160 29-08-1975 Act A1142 01-12-2002 6A A1142 Act 01-12-2002 housing development (control and licensing) Act 61 6B A996 24-07-1997 Act A1142 01-12-2002 part III Act A1142 01-12-2002 7 A996 Act 24-07-1997 Act A1142 01-12-2002 7A Act A703 01-12-1988 Act A1142 01-12-2002 7B A1142 Act 01-12-2002 8 A1142 Act 01-12-2002 8A A1142 Act 01-12-2002 9 P.U. (A) 259/1970 23-07-1970 Act A116 04-04-1972 Part IV of the Act A1142 01-12-2002 10 A703 Act 01-12-1988 Act A1142 01-12-2002 10A-10J A1142 Act 01-12-2002 part V of the Act A1142 01-12-2002 11 Act A1142 01-12-2002 13 A996 Act 24-07-1997 13A-13B A1142 Act 01-12-2002 16 P.U. (A) 259/1970 23-07-1970 Act A116 04-04-1972 16A-16Z A1142 Act 01-12-2002 16AA-16AI Act A1142 01-12-2002 part VI of the Act A1142 01-12-2002 Section Power amend with effect from 62 laws of Malaysia ACT 118 18 Act A703 01-12-1988 Act A1142 01-12-2002 19 Act A402 10-06-1977 Act A703 01-12-1988 Act A1142 01-12-2002 20 Act A1142 01-12-2002 21 Act A703 01-12-1988 Act A1142 01-12-2002 22 Act A160 29-08-1975 Act A1142 01-12-2002 22C-22A A1142 Act 01-12-2002 23 of the A703 01-12-1988 23A A1142 Act 01-12-2002 24 Act A703 01-12-1988 Act A1142 01-12-2002 Section Power amend with effect from