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Seksyen 3 Akta Pemajuan Perumahan (Kawalan dan Pelesenan) 1966: Suatu pemerhatian ke atas maksud 'Pemajuan Perumahan'

Md Dahlan, Nuarrual Hilal (2003) Seksyen 3 Akta Pemajuan Perumahan (Kawalan dan Pelesenan) 1966: Suatu pemerhatian ke atas maksud 'Pemajuan Perumahan'. Current Law Journal , 6 (2003). i-xxviii. ISSN 0127-0699

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The statutory definition of 'housing developer' in s. 3 of the Housing Development (Control and Licensing) Act 1966 ('the Act') has been discussed and examined by courts in several cases, and it has been contended that the said definition is too vague. It is the author's opinion that certitude on the meaning of 'housing developer' is a must as it would otherwise be difficult for the Ministry of Housing and the Local Government as well as the public to identify persons deemed to be housing developers. This would cause difficulty on part of the authorities in fully implementing and imposing the provisions of the Act on these persons if they do not meet the legal criteria and conditions of the intended meaning of 'housing developer'. It is submitted that not all persons who carry out housing construction and development activities fall within the legal or intended meaning of 'housing developer', and therefore are not required to abide by the provisions of the Act. Conversely, there are persons who are initially not deemed to have undertaken housing development activities, but based on the principles adopted and defined in law cases and s. 3 of the Act, are subject, as housing developers, to the provisions and obligations of the Act. Therefore, the meaning of 'housing developer' is uncertain. Hitherto, the only legal expert that has attempted to solve this riddle is the learned Mr. S.Y. Kok. However.it is submitted with due respect, that his opinions and suggestions as well as the principles and guidance given, were not fully satisfactory. This article tries to discuss the meaning of 'housing developer', based on decided cases and suggestions by S.Y. Kok, as well as further suggestions put forward by the author with the intention of resolving the issue.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: College of Law, Government and International Studies
Depositing User: PM Dr. Nuarrual Hilal Md. Dahlan
Date Deposited: 07 Apr 2013 04:07
Last Modified: 08 Jan 2019 06:54
URI: http://repo.uum.edu.my/id/eprint/7453

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