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Contents

Long Title

Part I PRELIMINARY

Part II LICENSING OF HOUSING DEVELOPERS

Part III DUTIES OF LICENSED HOUSING DEVELOPERS

Part IV POWER TO MAKE RULES AND TO ISSUE DIRECTIONS

Part V GENERAL

Legislative History

 
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On 18/05/2013, you requested for the version in force on 18/05/2013 incorporating all amendments published on or before 18/05/2013. The closest version currently available is that of 30/03/1987.
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PART V
GENERAL
Indemnity
24.
—(1)  The Government, the Controller, any inspector or any other officer of the Government shall not be subject to any action, claim or demand by or liability to any person in respect of anything done or omitted to be done in good faith in pursuance or in execution or intended execution or in connection with the execution or intended execution of any power conferred upon the Government, the Controller, any inspector or such officer by this Act.
(2)  For the purposes of this section, the Minister and any public officer shall be deemed to be an officer of the Government.
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Individual not eligible to take part in management of business of licensed housing developer
25.
—(1)  Without prejudice to anything in any written law relating to companies, co-operative societies, societies or partnerships, any person who is a director, manager or secretary of a licensed housing developer or who holds a position analogous to that of a director, manager or secretary shall cease to hold office —
(a)
if he becomes bankrupt, suspends payment or compounds with his creditors; or
(b)
if he is convicted of an offence involving dishonesty or fraud.
(2)  No person who has been a director of, or directly concerned in the management of, the business of a licensed housing developer that has been wound up by a court shall, without the approval in writing of the Minister, act or continue to act as a director of, or be directly concerned in, the management of the business of any licensed housing developer.
(3)  Any person who acts in contravention of subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which shall not be less than 12 months, but which shall not exceed 3 years and shall also be liable to a fine not exceeding $10,000.
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Penalty for offences not otherwise provided for
26.  Any licensed housing developer that is guilty of an offence for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000.
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Offences by companies, etc., and by employees and agents
27.
—(1)  Where any offence against any provision of this Act has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager or secretary or held a position analogous to that of a director, manager or secretary or held a position analogous to that of a director, manager or secretary or was purporting to act in such a capacity shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances. That person shall be liable on conviction to imprisonment for a term which shall not be less than 12 months, but which shall not exceed 3 years and shall also be liable to a fine not exceeding $10,000.
(2)  Where any person would be liable under this Act to any punishment or penalty for any act, omission, neglect or default he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent, or of the employee of his agent:
Provided that the act, omission, neglect or default was committed by the employee in the course of his employment, or by the agent when acting on behalf of the person, or by the employee of the agent when acting in the course of his employment in such circumstances that had the act, omission, neglect or default been committed by the agent his principal would have been liable under this section.
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Exemption
28.  The Minister may by notification published in the Gazette exempt any person, group of persons, society or company or statutory board from all or any of the provisions of this Act.
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Fiat of Public Prosecutor
29.  No prosecution in respect of any offence under this Act shall be instituted save by or under the direction of the Public Prosecutor.
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