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Perumahan Rakyat 1Malaysia Act 2012 [Act 739]

Part X

MISCELLANEOUS

68 Register

(1) The Corporation shall maintain a register of all matters which are required to be registered under this Act or under any regulations or rules made under this Act.

(2) A person may, on payment of any fee specified by the Corporation-

(a) (a) inspect the register; and

(b) make a copy of, or take extracts from, the register.

69 Restriction on the use of the symbol or representation of the Corporation

(1) The Corporation shall have the exclusive right to the use of such symbol or representation as the Corporation may select or create and thereafter to display or exhibit such symbol or representation in connection with its activities or affairs.

(2) The symbol or representation selected or created by the Corporation shall be published in the Gazette.

(3) Any person who uses a symbol or representation of the Corporation or any resemblance thereof, or creates any symbol or representation which refers to the Corporation so as to deceive or cause confusion, or to be likely to deceive or to cause confusion, 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.

70 Offence for unauthorized modification of information in the Corporation's custody

(1) A person who does any act which he knows will cause unauthorized modification of any data, information or statistic, whether in electronic form or otherwise, in the possession, custody or control of the Corporation, commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit.

(2) A person who, with the intention of causing injury as defined in the Penal Code [Act 574], does any act which he knows will cause unauthorized modification of any data, information or statistic, whether in electronic form or otherwise, in the possession, custody or control of the Corporation, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(3) For the purposes of this section-

(a) it is immaterial that the act in question is not directed at-

(i) any particular data, information or statistic;

(ii) data, information or statistic of any kind; or

(iii) any data, information or statistic held in any particular location;

(b) it is immaterial whether an unauthorized modification is, or is intended to be, permanent or merely temporary; and

(c) a modification of any data, information or statistic takes place if-

(i) such data, information or statistic is altered or erased;

(ii) any new data, information or statistic is introduced or added to such data, information or statistic; or

(iii) any event occurs which impairs the ability of the Corporation to have access to such data, information or statistic, and includes any act that contributes towards causing such a modification.

71 Prosecution

No prosecution shall be instituted for any offence under this Act without the consent in writing of the Public Prosecutor.

72 Public servant

Every member of the Corporation, the Council, the Appeal Tribunal, the Approvals and Implementation Committee, or any committee, or employees or agents of the Corporation, or officer of the Appeal Tribunal while discharging their duties under this Act as such members, employees, agents or officers shall be deemed to be public servants within the meaning of the Penal Code.

73 Protection against suits and legal proceedings

No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against-

(a) the Minister;

(b) the Corporation;

(c) any member of the Corporation, the Council, the Appeal Tribunal, the Approvals and Implementation Committee, or any committee, or any employee or agent of the Corporation or officer of the Appeal Tribunal; or

(d) any other person lawfully acting on behalf of the Corporation,


in respect of any act, neglect or default done or committed by him or it, in good faith or any omission omitted by him or it in good faith in such capacity.

74 Public Authorities Protection Act 1948

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Corporation or against a member of the Corporation, the Council, the Appeal Tribunal, the Approvals and Implementation Committee, or a committee, and an employee or agent of the Corporation or officer of the Appeal Tribunal in respect of any act, neglect or default done or committed by it or him in good faith or any omission by it or him in good faith in such capacity.

75 Obligation of secrecy

(1) Except for any of the purposes of this Act or for the purposes of any civil or criminal proceedings under any written law or where otherwise authorized by the Corporation-

(a) no member of the Corporation, the Council, the Appeal Tribunal or of the Approvals and Implementation Committee, or a committee or any employee or agent of the Corporation or officer of the Appeal Tribunal or any person attending any meeting of the Corporation, the Council, the sitting of the Appeal Tribunal, any meeting of the Approvals and Implementation Committee, or any of the committees, whether during or after his tenure of office or employment, shall disclose any information obtained by him in the course of his duties and which is not published in pursuance of any written law; and

(b) no other person who has, by any means, access to any information or document relating to the affairs of the Corporation shall disclose such information or document.


(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

76 Representation in civil proceedings

Notwithstanding any other written law-

(a) in any civil proceedings by or against the Corporation; or

(b) in any other civil proceedings in which the Corporation is required or permitted by the court to be represented, or to be heard,


or is otherwise entitled to be represented or to be heard, any person authorized by the Corporation for that purpose may, on behalf of the Corporation, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of the proceedings on behalf of the Corporation.

77 Power of Minister to prescribe regulations

The Minister may prescribe regulations for any matter relating to PR1MA development and PR1MA complexes and all other matters as are necessary or expedient to be prescribed for giving effect to, or for the better carrying out of, the provisions of this Act.


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