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Perumahan Rakyat 1Malaysia Act 2012 [Act 739]

Part VIII   cite [+]

RIGHT TO REPURCHASE PR1MA HOMES

51 Right to repurchase PR1MA homes by the Corporation   cite [+]

(1) Subject to the provisions of this Part, the Corporation shall have the right to repurchase any PR1MA home from the owner of the PR1MA home if the owner-

(a) commits a serious breach or repeatedly commits a serious breach of any regulations or rules relating to PR1MA homes;

(b) fails to pay any money due to the Corporation, including any fines or penalties imposed pursuant to any breach of any regulations or rules;

(c) made a misrepresentation of a material fact, whether innocently or otherwise, relating to the purchase of the PR1MA homes;

(d) made a misleading or false statement in his application to the Corporation resulting in the allocation of the PR1MA home by the Corporation to him; or

(e) at any time, ceased to be a citizen of Malaysia.


(2) The right to repurchase by the Corporation under paragraph (1)(a) shall only be exercised by the Corporation-

(a) if a written notice has been sent by the Corporation to the owner requiring the owner to rectify the breach within a specified time; and

(b) the owner fails to remedy the breach within the specified time in the written notice.


(3) The right to repurchase by the Corporation under paragraph (1)(b) shall only be exercised by the Corporation-

(a) if a written notice of demand has been sent by the Corporation to the owner requiring the owner to pay the money due and payable to the Corporation within a specified time; and

(b) the owner fails to pay the money due and payable to the Corporation within the specified time in the written notice of demand.

52 Procedures relating to right to repurchase   cite [+]

(1) Where the Corporation intends to exercise the right to repurchase a PR1MA home under this Part, the Corporation shall serve a written notice on the owner of the PR1MA home and any interested person.

(2) The written notice referred to in subsection (1) shall state-

(a) the intention of the Corporation to repurchase the PR1MA home of the owner;

(b) the grounds specified under paragraphs 51(1)(a) to (e) for the repurchase of the PR1MA home of the owner; and

(c) the amount of the repurchase price of the PR1MA home of the owner determined in accordance with section 54.


(3) Upon receipt of the written notice under subsection (1), the owner or any interested person may, within sixty days after the service of the notice, submit in writing to the Corporation any objection to the repurchase of his PR1MA home together with the grounds of his objection.

(4) The Corporation shall consider the objection submitted by the owner of the PR1MA home or interested person under subsection (3) within thirty days from the receipt of such objection and may allow or disallow the objection.

(5) The Corporation shall serve the decision to allow or to disallow the objection made under subsection (3) to the owner of the PR1MA home or the interested person by A.R registered post or by hand to the last-known address of the owner of the PR1MA home or the interested person in the record of the Corporation.

(6) The owner of the PR1MA home or interested person aggrieved by the decision of the Corporation made under subsection (3) may appeal to the Appeal Tribunal within ninety days after the receipt of the decision and the decision of the Appeal Tribunal shall be final.

(7) For the purpose of this Part-

(a) "interested person" means a person known or believed by the Corporation to have an interest in the PR1MA home to be repurchased by the Corporation or to claim all or any part of the payment to be made in relation to such repurchase; and

(b) "serious breach" means a breach prescribed by the Minister.

53 Transfer or vesting of ownership to the Corporation   cite [+]

(1) Subject to subsection (2), upon the repurchase of a PR1MA home under this Part, the Corporation may-

(a) transfer the ownership of the PR1MA home; or

(b) vest the ownership of the PR1MA home, in the Corporation.


(2) The transfer or vesting of ownership of the repurchased PR1MA home shall only be exercised-

(a) in the case where no objection has been made, after the expiry of the sixty day period for the service of the notice of intention to repurchase the PR1MA home referred to in subsection 52(3);

(b) in the case where there is an objection made pursuant to subsection 52(3), after the expiry of the period of ninety days for the service of the decision made by the Corporation regarding the objection under subsection 52(6); and

(c) in the case when an appeal has been made to the Appeal Tribunal, at any time after the appeal has been determined by the Appeal Tribunal or after withdrawal of the appeal, as the case may be.

54 Determination and payment of repurchase price   cite [+]

(1) The amount of the repurchase price of the PR1MA home to be paid to the owner of the PR1MA home under section 52 shall be determined by the Minister and shall take into consideration the following:

(a) the purchase price of the pR1MA home as stated in the sale and purchase agreement relating to the PR1MA home;

(b) the price of similar PR1MA homes within the same PR1MA complexes as the PR1MA home to be repurchased at the time of the repurchase;

(c) any direct or indirect subsidy provided by the Corporation in the repurchase of the PR1MA home;

(d) any amount owing or due by the owner of the PR1MA home to the Corporation at the time of the repurchase; and

(e) any costs, losses or expenses incurred by the Corporation in exercising its right to repurchase the PR1MA home.


(2) The Corporation shall pay the repurchase price of the PR1MA home as determined under subsection (1) or as varied by the Appeal Tribunal pursuant to an appeal under subsection 52(6) to the owner of the PR1MA home or to both the owner of the PR1MA home and interested person upon receiving vacant possession of the PR1MA home.

(3) Where the owner of the PR1MA home or interested person-

(a) refuses to accept the payment of the repurchase price of the PR1MA home;

(b) is not able to be located; or

(c) raises any dispute regarding the apportionment of the repurchase price,


the Corporation shall apply ex parte to the High Court by filing an application with the Registrar of the High Court in chambers, supported by affidavit, for an order to deposit the repurchase price into Court and, notwithstanding anything to the contrary in the law for the time being in force relating to civil procedure, the Registrar of the High Court shall have the power to make such order.

55 Taking possession of repurchased PR1MA home   cite [+]

Where the title of the repurchased PR1MA home has been transferred or vested in the Corporation pursuant to section 53, the Corporation may proceed to take possession of the PR1MA home on the expiry of a period of ninety days after the service of notice on the owner or interested person to take possession.


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