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Perumahan Rakyat 1Malaysia Act 2012 [Act 739]

Part V

PR1MA DEVELOPMENT AND PR1MA COMPLEXES

30 PR1MA Advisory Council

(1) A council to be known as the "Perumahan Rakyat 1Malaysia Advisory Council" or "PR1MA Advisory Council" is established.

(2) The Council shall consist of-

(a) the Prime Minister, as Chairman;

(b) the Minister, if he is not also the Prime Minister;

(c) the Minister responsible for housing and local government;

(d) the Minister responsible for finance;

(e) the Director General of the Economic Planning Unit, Prime Minister's Department;

(f) the Menteri Besar or Chief Minister of the relevant State or the Minister responsible for the Federal Territory, as and when required by the Chairman; and

(g) not more than seven other members to be appointed by the Chairman.


(3) The Chairman of the Council may invite any other person to attend any meeting of the Council for the purpose of advising the Council on any matter under discussion.

(4) The functions of the Council shall be-

(a) to advise and make recommendations to the Corporation on policy matters relating to PR1MA development and PR1MA complexes upon reference by the Corporation;

(b) to provide guidelines to be taken into consideration by the corporation in relation to planning matters for PR1MA development; and

(c) to perform any other functions conferred upon the Council under this Act or any other written law.


(5) The Council may, from time to time, give the Corporation directions which are consistent with the provisions of this Act, and the Corporation shall give effect to such directions.

(6) The Council may perform any other functions that are incidental or consequential to any of the functions specified in subsection (4) and do all such things as may be necessary or expedient for the carrying out of its functions under this Act.

(7) The Council shall determine its own procedure.

31 Responsibility of the Corporation

(1) In performing its functions under this Act, it shall be the responsibility of the Corporation to-

(a) ensure that the functions are performed in such manner as shall be in furtherance of the policy of the Federal Government and in particular the policy relating to PR1MA development and PR1MA complexes; and

(b) have regard to and act-

(i) in accordance with this Act and any other written law relevant to PR1MA development and PR1MA complexes; and

(ii) within the general framework of the policy of the Government Entities in respect of the development and use of land and buildings.


(2) Without prejudice to any other provision of this Act, in carrying out its responsibility under subsection (1), the Corporation may-

(a) assist the relevant local planning authorities to co-ordinate PR1MA development where it is undertaken;

(b) identify the necessary infrastructure for PR1MA complexes, develop and recommend strategies and initiatives for the provision of such infrastructure, and monitor its construction, implementation, operation and upkeep; and

(c) recommend criteria to be met in relation to the provision of, or the capacity to provide, the infrastructure or services required, in accordance with the standards determined by the Corporation, for PR1MA development and PR1MA complexes.

32 Criteria in relation to eligible persons

(1) The Corporation, with the approval of the Minister, shall prescribe the criteria for application to purchase or rent PR1MA homes which shall be based on the following factors:

(a) Malaysian citizenship;

(b) the income level of the applicant;

(c) the status of ownership of property of the applicant; and

(d) any other factors which the Minister, on the advice of the Corporation, deems fit.


(2) Any person who meets the criteria prescribed under subsection (1) may apply to the Corporation to purchase or rent PR1MA homes by submitting a written application to the Corporation in such manner as may be prescribed by the Corporation.

33 Allocation of PR1MA homes to eligible persons

The allocation of PR1MA homes to eligible persons shall be conducted in a transparent and fair manner in accordance with the procedures and methods prescribed under paragraph 78(c), including by way of an open ballot.

34 Eligibility to participate in PR1MA development

(1) No person shall engage in, carry on or undertake a PR1MA development unless he has been approved by the Corporation under this Act.

(2) A person shall be eligible to apply for approval to participate in any part of PR1MA development if he fulfills the following criteria:

(a) he is a licensed housing developer under the Housing Development (Control and Licensing) Act 1966; or

(a) he is a registered contractor under Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994; and

(c) he fulfills such other criteria as may be specified by the Corporation from time to time.


(3) Any eligible person under this section may apply to the Corporation by submitting a written application to the Corporation in such manner and accompanied by such fees as may be prescribed by the Corporation.

(4) For the purposes of subsection (3), the conditions and specifications relating to the manner in which an application is to be furnished shall be as specified by the Corporation.

(5) Upon receiving an application for an approval under this section, the Corporation may grant the approval applied for or refuse to grant such approval and in granting such approval the Corporation may impose thereon such conditions, including the validity period of the approval as the Corporation may deem fit and proper.

(6) Subject to subsection (8), the Corporation may, at any time, vary, cancel or alter the conditions imposed under subsection (5) or impose any new or additional conditions or, where the approval is not subject to any condition, impose thereon such conditions as the Corporation may deem fit and proper.

(7) If any person approved by the Corporation under this section-

(a) fails to comply with any of the provisions of this Act or of any other written law;

(b) fails to comply with any of the conditions imposed under subsections (5) or (6);

(c) improperly or illegally obtained the approval under this section;

(d) has a receiver, receiver and manager, provisional liquidator or like officials has been appointed over the whole or substantial part of his assets and such appointment is not revoked within a period of sixty days from the date of such appointment; or

(e) would no longer be entitled to be granted such approval under this section due to any act or default on his part or there has been a change of circumstances as such that he would no longer fulfill the criteria specified under subsection (2),


the Corporation may, subject to subsection (8), revoke or suspend the approval issued to such person as the Corporation may determine.

(8) Before varying, cancelling or altering any condition imposed under subsection (5) or before imposing thereon any new or additional condition under subsection (6) or before revoking or suspending an approval under subsection (7), the Corporation shall notify the person who is affected by the action proposed to be taken by the Corporation of the aforesaid proposed action and shall give that person an opportunity to submit representations or explanations as to why the aforesaid proposed action should not be carried out.

(9) Any person aggrieved by the decision of the Corporation to reject an application for approval under subsection (5), to impose any condition or additional condition under subsection (5) or (6), to vary or alter any condition under subsection (6) or to revoke or suspend an approval under subsection (7) may, within thirty days of the decision being notified to him, appeal to the Appeal Tribunal in writing.

(10) Any approval or revocation or suspension made by the Corporation under this section shall be registered as soon as practicable in the register.

35 Directions by the Corporation

(1) Subject to subsections (2) and (3), the Corporation may, from time to time, issue any direction in writing to any person who has been approved by the Corporation under section 34 about the non-compliance of any condition of approval imposed under this Act, by that person, including the remedying of the non-compliance of the conditions of approval or the provisions of this Act or its regulations or rules.

(2) Prior to making a direction under subsection (1) the Corporation shall-

(a) issue a notice in writing to the person, specifying the nature of the non-compliance and the required compliance;

(b) grant the person an opportunity to be heard by way of a written submission on the reasons for his non-compliance within sixty days after the service of the notice referred to in paragraph (a); and

(c) take into consideration any reason provided by the person in relation to the relevant non-compliance after the expiry of sixty-day period.


(3) The direction made by the Corporation under this section shall-

(a) be registered as soon as practicable;

(b) be effective from the date of its registration under paragraph (a) or such later date as the Corporation may specify in the direction; and

(c) expire on such date as the Corporation may specify in the direction or if no date is specified, the direction shall remain in force until it is revoked.


(4) The Corporation may vary or revoke a direction issued under this section and the procedures set out under subsections (1), (2) and (3) shall apply mutatis mutandis in respect of any variation or revocation of the direction.

(5) Any person who objects to any direction issued by the Corporation may, within thirty days after the receipt of such direction, submit in writing to the Appeal Tribunal the grounds of his objection and the decision of the Appeal Tribunal thereon shall be final.

(6) A person who fails to comply with a direction of the Corporation under this section commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


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