PART IV
POWER TO MAKE RULES AND TO ISSUE DIRECTIONS
22.
—(1) The Minister may make rules for or in respect of every purpose which is considered by him necessary for carrying out the provisions of this Act and for the prescribing of any matter which is authorised or required under this Act to be prescribed.
(2) Without prejudice to the generality of subsection (1), the Minister may by such rules provide for —
(a)
the regulation of the advertisements of a licensed housing developer;
(b)
the regulation of the use of names of housing estates developed by a licensed housing developer;
(c)
the payments by the purchaser before and during the construction of the house, flat or other accommodation, including —
(i)
the amount of the maximum initial deposit that may be accepted from a purchaser before an agreement to purchase land or for the construction of a house, flat or other accommodation is signed, or on signing such agreement, and the conditions that shall be satisfied before a licensed housing developer may sign such an agreement with a purchaser;
(ii)
the stage of construction at which each instalment shall become payable and the percentage in relation to the total cost of the house that shall be payable in respect of such instalment;
(iii)
the requirements to be fulfilled before a licensed housing developer can require a purchaser to pay an instalment which is due; and
(iv)
the amount of the purchase price, expressed as a percentage of the total price which the purchaser shall not be required to pay before the certificate of fitness of the Deputy Director (Development and Building Control) of the Public Works Department is issued;
(ca)
the disclosure in any contract that shall be used by a licensed housing developer, his agent or nominee and a purchaser of any limited common property comprised in the development;
(cb)
any matter which by this Act is required or permitted to be prescribed for or in relation to staged developments, and modify the application of any of the provisions of this Act in relation to staged developments;
(d)
the form or forms of the contract that shall be used by a licensed housing developer, his agent or nominee and a purchaser as a condition of the grant of a licence under this Act;
(e)
the conditions, which if used in any contract between a licensed housing developer, his agent or nominee and a purchaser, shall be void;
(f)
the fees to be paid on the issue of, and annually for, a licence or a provisional licence and the charges for the purposes of this Act; and
(g)
the regulation of the Project Account including —
(i)
prescribing moneys which shall be paid into a Project Account; and
(ii)
prescribing moneys which may be withdrawn from a Project Account and the conditions for such withdrawal.
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(3) Such rules —
(a)
may prescribe that any act or omission in contravention of any rules shall be an offence;
(b)
may provide for the imposition of penalties, which shall not exceed a fine of $5,000 or imprisonment for a term of 3 years or both; and
(c)
may provide that in addition to such fine or imprisonment or fine and imprisonment, the penalty may extend to the cancellation or suspension of a licence.
(4) The Minister may, in lieu of making any rules prescribing the forms which by this Act are required to be or may be prescribed, authorise the Controller to prescribe such forms as the Controller thinks fit.
(5) All such rules shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.
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23.
—(1) The Controller may give directions in writing to a licensed housing developer to ensure compliance with the provisions of this Act or any rules made thereunder.
(2) Any licensed housing developer that fails to act or omits to act in accordance with the directions of the Controller shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $1,000 for every day during which the offence continues after conviction. The licensed housing developer may, in addition to such a punishment, be liable to have its licence cancelled or suspended.
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