PERUMAHAN RAKYAT 1MALAYSIA ACT 2012

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 739 PERUMAHAN RAKYAT 1MALAYSIA ACT 2012 As at 1 January 2020 2 PERUMAHAN RAKYAT 1MALAYSIA ACT 2012 Date of Royal Assent Date of publication in the Gazette … … … … 30 January 2012 … … … 9 February 2012 3 LAWS OF MALAYSIA Act 739 PERUMAHAN RAKYAT 1MALAYSIA ACT 2012 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE CORPORATION 3. Establishment of the Corporation 4. Common seal 5. Membership of the Corporation 6. Temporary exercise of functions of the Chairman 7. Schedule 8. Approval to hold other office 9. Tenure of office 10. Remuneration and allowances 11. Subsidies, grants, facilities, etc., for members of Corporation 12. Revocation of appointment and resignation 13. Vacation of office 14. Committees 4 Laws of Malaysia ACT 739 Section 15. Disclosure of interest 16. Sections not applicable to the Chief Executive Officer PART III FUNCTIONS AND POWERS OF THE CORPORATION 17. Functions of the Corporation 18. Powers of the Corporation 19. Additional functions and powers of the Corporation 20. Delegation of functions and powers of the Corporation 21. Direction by Minister 22. Returns, reports, accounts and information 23. Corporation may establish and participate in bodies corporate PART IV EMPLOYEES OF THE CORPORATION 24. Chief Executive Officer 25. Temporary exercise of functions of Chief Executive Officer 26. Appointment of employees of the Corporation 27. Conditions of service, conduct and discipline 28. Financial assistance to employees and other persons 29. Corporation may adopt regulations, etc. PART V PR1MA DEVELOPMENT AND PR1MA COMPLEXES 30. PR1MA Advisory Council 31. Responsibility of the Corporation 32. Criteria in relation to eligible persons Perumahan Rakyat 1Malaysia Section 33. Allocation of PR1MA homes to eligible persons 34. Eligibility to participate in PR1MA development 35. Directions by the Corporation PART VI CO-ORDINATION WITH GOVERNMENT ENTITIES 36. Principal co-ordinating agency 37. Approvals and Implementation Committee 38. Arrangements with Government Entities 39. Responsibility of Government Entities PART VII FINANCE 40. The PR1MA Corporation Malaysia Fund 41. Expenditure to be charged on the PR1MA Corporation Malaysia Fund 42. The Eligible Persons’ Assistance Fund 43. Conservation of PR1MA Corporation Malaysia Fund 44. Bank accounts 45. Power to borrow 46. Investment 47. Limitation on contracts 48. Financial procedure 49. Financial year 50. Accounts and reports PART VIII RIGHT TO REPURCHASE PR1MA HOMES 51. Right to repurchase PR1MA homes by the Corporation 5 6 Laws of Malaysia ACT 739 Section 52. Procedures relating to right to repurchase 53. Transfer or vesting of ownership to the Corporation 54. Determination and payment of repurchase price 55. Taking possession of repurchased PR1MA home PART IX APPEAL TRIBUNAL 56. Establishment of Appeal Tribunal 57. Membership of Appeal Tribunal 58. Allowances 59. Resignation and revocation of appointment 60. Vacation of office and temporary appointments 61. Disclosure of interest in relation to members of Appeal Tribunal 62. Secretary to Appeal Tribunal and other officers 63. Appeal to Appeal Tribunal 64. Record of decision or direction of the Corporation 65. Composition of Appeal Tribunal 66. Sittings of Appeal Tribunal 67. Stay of decision or direction pending appeal PART X MISCELLANEOUS 68. Register 69. Restriction on the use of the symbol or representation of the Corporation 70. Offence for unauthorized modification of information in the Corporation’s custody 71. Prosecution Perumahan Rakyat 1Malaysia Section 72. Public servant 73. Protection against suits and legal proceedings 74. Public Authorities Protection Act 1948 75. Obligation of secrecy 76. Representation in civil proceedings 77. Power of Minister to prescribe regulations 78. Power of Corporation to prescribe rules 79. Penalties for regulations and rules 80. Power of Minister to amend Schedule 81. Things done in anticipation of the enactment of this Act SCHEDULE 7 9 LAWS OF MALAYSIA Act 739 PERUMAHAN RAKYAT 1MALAYSIA ACT 2012 An Act to provide for and regulate matters relating to the development and construction of housing accommodation, infrastructure and facilities under the Perumahan Rakyat 1Malaysia programme, to address the need for sustainable housing and community living in urban areas in Malaysia towards creating a strategic socio-economic housing development model, to provide for the establishment of Perumahan Rakyat 1Malaysia Corporation, and to provide for related matters. [1 January 2012, P.U. (B) 423/2012] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Perumahan Rakyat 1Malaysia Act 2012. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates— (a) for the coming into operation of this Act in different parts of Malaysia; (b) for the coming into operation of different provisions or Parts of this Act; and 10 Laws of Malaysia ACT 739 (c) for the coming into operation of different provisions or Parts of this Act in different parts of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “prescribed” means— (a) prescribed by the Minister by regulations; or (b) prescribed by the Corporation by rules, as the case may be; “Government Entity” includes— (a) the Federal Government, the relevant State Government or local government; and (b) the relevant ministry, department, office, agency, corporation, commission, committee, board, council or other body, corporate or unincorporate, of the Federal Government, or of any State Government or local government, whether established under written law or otherwise; “committee” means any committee Corporation under section 14; established “Approvals and Implementation Committee” committee established under section 37; by the means the “housing accommodation” includes any building, tenement or messuage which is wholly or principally constructed, adapted or intended for human habitation or partly for human habitation and partly for business premises and such other type of accommodation as may be prescribed by the Minister responsible for housing and local government, from time to time, to be a Perumahan Rakyat 1Malaysia 11 housing accommodation pursuant to section 3A of the Housing Development (Control and Licensing) Act 1966 [Act 118]; “Perumahan Rakyat 1Malaysia homes” or “PR1MA homes” means the housing accommodation constructed in accordance with the quality, requirement, specification and standard prescribed under this Act; “Approvals” means licences, permits, registrations and other approvals including those related to land, tax, customs and excise duties and other fiscal incentives, required for or in connection with the investment in PR1MA development and PR1MA complexes; “utilities” has the meaning assigned to it in the Town and Country Planning Act 1976 [Act 172]; “construction works” has the meaning assigned to it in the Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 [Act 520]; “amenities” has the meaning assigned to it in the Town and Country Planning Act 1976; “Chief Minister” means— (a) the Chief Minister of Penang; (b) the Chief Minister of Malacca; (c) the Chief Minister of Sabah; or (d) the Chief Minister of Sarawak, as the case may be; “Chief Executive Officer” means the Chief Executive Officer appointed under subsection 24(1), and includes the employee of the Corporation appointed under section 25 to act as the Chief Executive Officer; 12 Laws of Malaysia ACT 739 “Perumahan Rakyat 1Malaysia complexes” or “PR1MA complexes” means PR1MA homes including the amenities, utilities and other infrastructure within the area of the PR1MA homes; “Eligible Persons’ Assistance Fund” means the fund established under section 42; “Perumahan Rakyat 1Malaysia Corporation Fund” or “PR1MA Corporation Malaysia Fund” means the fund established under section 40; “Council” means the PR1MA Advisory Council established under section 30; “Minister” means the Minister responsible for PR1MA development and PR1MA complexes; “Menteri Besar” means— (a) the Menteri Besar of Perlis; (b) the Menteri Besar of Johor; (c) the Menteri Besar of Kedah; (d) the Menteri Besar of Perak; (e) the Menteri Besar of Selangor; (f) the Menteri Besar of Negeri Sembilan; (g) the Menteri Besar of Pahang; (h) the Menteri Besar of Terengganu; or (i) the Menteri Besar of Kelantan, as the case may be; Perumahan Rakyat 1Malaysia 13 “eligible person” means any person who meets the criteria prescribed by the Corporation under section 32; “Perumahan Rakyat 1Malaysia development” or “PR1MA development” means the development or construction or the proposed development or construction of PR1MA complexes in any manner whatsoever; “tenant” means an eligible person who has entered into a tenancy arrangement in relation to PR1MA homes either with the Corporation or any other person approved by the Corporation; “Corporation” means the PR1MA Corporation Malaysia established under section 3. PART II THE CORPORATION Establishment of the Corporation 3. (1) A body corporate to be known as the “Perumahan Rakyat 1Malaysia Corporation” or “PR1MA Corporation Malaysia” is established. (2) The Corporation shall have perpetual succession and a common seal. (3) The Corporation may sue and be sued in its corporate name. (4) Subject to and for the purposes of this Act, the Corporation may, upon such terms as the Corporation thinks fit— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and 14 Laws of Malaysia ACT 739 (c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest in the property vested in the Corporation. Common seal 4. (1) The Corporation shall have a common seal which shall bear a device approved by the Corporation and the seal may from time to time be broken, changed, altered and made anew as the Corporation thinks fit. (2) Until a seal is provided by the Corporation, a stamp bearing the words “PR1MA Corporation Malaysia” may be used and shall be deemed to be the common seal of the Corporation. (3) The common seal shall be kept in the custody of the Chairman of the Corporation or any other person authorized by the Corporation, and shall be authenticated by either the Chairman of the Corporation or such other person as may be authorized by the Chairman of the Corporation in writing. (4) All deeds, documents and other instruments purporting to be sealed with the seal and duly authenticated shall, until the contrary is proved, be deemed to have been validly executed. (5) Any deed, document or other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Corporation or an employee of the Corporation authorized in that behalf. (6) The common seal of the Corporation shall be officially and judicially noticed. Membership of the Corporation 5. (1) The Corporation shall consist of— Perumahan Rakyat 1Malaysia 15 (a) the following members who shall be appointed by the Prime Minister: (i) a Chairman; (ii) not less than two but not more than five representatives of the Federal Government; and (iii) not less than three but not more than five other members; and (b) the Chief Executive Officer. (2) The persons appointed under paragraph (1)(a) shall be persons who, in the opinion of the Prime Minister, have experience an