—(1) Subject to subsection (3), the Commissioner may by order revoke any general builder’s licence or specialist builder’s licence if he is satisfied that —
the licensed builder fails to comply with any of the relevant requirements of section 29H(1) or (3) or 29I (1) or (5), as the case may be;
the licensed builder has failed to comply with any condition imposed by the Commissioner under section 29I(6);
for a period exceeding 28 days —
the licensed builder ceases to, or ceases to have any employee thereof referred to in section 29I(2), personally supervise the execution and performance of any general building works or specialist building works in Singapore undertaken by the licensed builder; or
where the licensed builder is a partnership or a corporation, it ceases to have any director, manager or employee of the corporation, or any partner or employee of the partnership, as the case may be, referred to in section 29I(3) or (4) personally supervise the execution and performance of any general building works or specialist building works in Singapore undertaken by the licensed builder;
the licence had been obtained by fraud or misrepresentation;
the licensed builder has ceased to carry on business as a general builder or specialist builder, as the case may be, in Singapore;
the licensed builder has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
the licensed builder has been convicted of an offence under this Act;
the conduct of any director, manager or employee of the corporation, or any partner or employee of the partnership, that is a licensed builder affords grounds for believing that the corporation or partnership, as the case may be, will not carry on the business of a general builder or specialist builder, as the case may be, in Singapore in accordance with any written law and with honesty and integrity;
the public interest or national security of Singapore so requires; or
the licensed builder has refused or failed to comply with an order of the Commissioner made under subsection (2)(b) or (d).
(2) The Commissioner may, in any case in which he considers that no cause of sufficient gravity for revoking any general builder’s licence or specialist builder’s licence exists, by order —
suspend the licence for a period not exceeding 6 months;
impose on the builder concerned a financial penalty not exceeding $20,000;
censure the builder concerned; or
impose such other direction or restriction as the Commissioner considers appropriate on the builder’s business as a general builder or specialist builder, as the case may be.
(3) The Commissioner shall not exercise his powers under subsection (1) or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensed builder against which the Commissioner intends to exercise its powers, being a period of not more than 14 days.
(4) Where the Commissioner has revoked a builder’s licence under this section, he shall serve on the builder concerned a notice of his order made under this section.
(5) Any order by the Commissioner revoking or suspending a licence, or imposing a financial penalty, direction or restriction shall not take effect until the expiration of 14 days after the Commissioner has served the order on the builder concerned.
(6) Where the builder concerned has appealed under section 29K to the Minister against an order by the Commissioner under this section, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.
(7) Where an order of revocation becomes effective —
the Commissioner shall cause notice of the revocation to be published in the Gazette; and
the builder concerned shall, as from the date of the notice, cease to carry on business as a general builder or specialist builder, as the case may be, in Singapore except as may be approved by the Commissioner.
(8) Subsection (7)(b) shall not prejudice the enforcement by any person of any right or claim against the corporation, partnership or limited liability partnership or by the corporation, partnership or limited liability partnership of any right or claim against any person.
(9) In any proceedings under this section in relation to the conviction of licensed builder for a criminal offence, the Commissioner shall accept the builder’s conviction as final and conclusive.
[47/2007 wef 16/12/2008]