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LAWS OF MALAYSIA
REPRINT
Act 42
HOUSING LOANS FUND
ACT 1971
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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2
HOUSING LOANS FUND ACT 1971
Date of Royal Assent
...
...
...
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30 August 1971
Date of publication in the Gazette ...
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2 September 1971
PREVIOUS REPRINTS
First Reprint ...
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1993
Second Reprint
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1999
PREPARED FOR PUBLICATION BY
MALAYAN LAW JOURNAL SDN BHD
AND PRINTED BY
PERCETAKAN NASIONAL MALAYSIA BERHAD
KUALA LUMPUR BRANCH
2006
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3
LAWS OF MALAYSIA
Act 42
HOUSING LOANS FUND ACT 1971
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title
PART II
AUTHORIZATION OF LOAN
2.
Power to raise loans
3.
Loan to be charged upon the Consolidated Fund
PART III
APPLICATION OF LOAN
4.
Housing Loans Fund
4A.
Minister may authorize payment
5.
Application of the moneys of the Fund
6.
Repayment of loan
7.
Minister may issue directions
PART IV
STATE HOUSING LOANS FUND
8.
State Housing Loans Fund
PART V
GENERAL
9.
Repeal
SCHEDULE
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5
LAWS OF MALAYSIA
Act 42
HOUSING LOANS FUND ACT 1971
An Act to authorize sums of money to be raised by way of loan for
the purposes of the Housing Loans Fund of the Federation and to
make provisions relating to financial procedure governing the
Housing Loans Funds of the Federation and the States.
[Throughout Malaysia--3 September 1971]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
PART I
PRELIMINARY
Short title
1.
This Act may be cited as the Housing Loans Fund Act 1971.
PART II
AUTHORIZATION OF LOAN
Power to raise loans
2.  (1) The Minister of Finance is authorized, subject to the
provisions of this Act, from time to time to raise in or outside the
Federation sums of money for the purposes of the Housing Loans
Fund of the Federation.
(2) Sums of moneys raised under this Act may be raised--
(a)
from any source under such arrangements and upon
such terms and conditions as the Minister of Finance
may impose; and
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Laws of Malaysia
ACT 42
(b)
through appropriation by way of any grant or transfer
of moneys made pursuant to the Development Funds
Act 1966 [Act 406] from the Development Fund
specified in the Second Schedule to the Financial
Procedure Act 1957 [Act 61] to the Housing Loans
Fund of the Federation, subject to such terms and
conditions as the Minister of Finance may impose.
Loan to be charged upon the Consolidated Fund
3.  The principal moneys raised under this Act together with all
interests thereon are charged on the Consolidated Fund.
PART III
APPLICATION OF LOAN
Housing Loans Fund
4.  Subject to section 4A, there shall be paid into the Housing
Loans Fund specified in the Second Schedule to the Financial
Procedure Act 1957 (hereinafter referred to as "the Fund")--
(a)
sums representing the proceeds of loan raised under
this Act;
(b)
moneys from time to time appropriated by Parliament
for the purposes of the Fund;
(c)
sums representing the repayment of the principal of
any loan made under this Act and interests due thereon
unless the Minister of Finance authorizes the payment
of any such sums to any person pursuant to any
arrangement entered into with such person under
which any asset paid for out of the moneys of the
Fund, or any right or interest derived or arising from
the grant of any loans out of the moneys of the Fund,
is sold, disposed of or transferred to such person;
(d)
sums representing interest received from investment
of moneys of the Fund;
(e)
moneys received from the sale or realization of any
assets paid for out of the Fund or from or pursuant to
any arrangement entered into any person under which
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Housing Loans Fund
7
any asset paid for out of the moneys of the Fund, or
any right or interest derived or arising from the grant
of any loans out of the moneys of the Fund, is sold,
disposed of or transferred to such person; and
(f)
other moneys received by the Federal Government for
the purposes of the Fund.
Minister may authorize payment
4A. Notwithstanding section 4 and the Financial Procedure Act
1957, the Minister of Finance may authorize--
(a)
the payment into the Consolidated Revenue Account
in the Federal Consolidated Fund of all or any part of
any moneys of the Fund received from or pursuant to
any arrangement entered into with any person under
which any asset paid for out of the moneys of the
Fund, or any right or interest derived or arising from
the grant of any loans out of the moneys of the Fund,
is sold, disposed of or transferred to such person; and
(b)
the payment to any person of any moneys of the Fund
pursuant to any arrangement entered into with such
person under which any asset paid for out of the
moneys of the Fund, or any right or interest derived or
arising from the grant of any loans out of the moneys
of the Fund, is sold, disposed of or transferred to such
person.
Application of the moneys of the Fund
5.  (1) The moneys of the Fund shall be applied and are
appropriated for the purpose of granting loans upon such terms
and conditions as the Minister of Finance may think fit to any
person--
(a)
who is a member of the public services referred to in
Article 132 of the Federal Constitution;
(b)
who is a Member of the administration in the
Federation or a State as defined in Clause (2) of
Article 160 of the Federal Constitution;
(c)
who is a Judge of the Federal Court or High Court;
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Laws of Malaysia
ACT 42
(d)
who is a member of the Parliamentary Service as
defined in section 2 of the Parliamentary Service Act
1963 [Act 394];
(e)
who is a member of either House of Parliament;
(f)
who is the Speaker of the Dewan Rakyat;
(g)
who is a member of a State Legislative Assembly;
(h)
who is an employee of any statutory body or local
authority;
(i)
who is a spouse of any deceased person (who before
his death was eligible, by reason of his being within
one of the categories of persons described in paragraphs
(a) to (h) of this subsection, for the grant of a loan) as
the Minister of Finance may in his discretion decide,
but the loan if granted shall not exceed the amount of
the loan for which the deceased person was eligible
before his death; or
(j)
whom the Minister of Finance may by order in the
Gazette specify,
to enable or assist such person--
(aa)
to purchase land with or without a dwelling house
thereon;
(bb)
to construct a dwelling house and road as a means of
access thereto; or
(cc)
to settle the whole or part of a debt or debts incurred
in a purchase of land, with or without a dwelling house
thereon, or in the construction of a dwelling house and
road as a means of access thereto, prior to the granting
of the loan.
(2) Subject to Clause (7) of Article 125 of the Federal
Constitution, a person concurrently holding two or more posts or
offices described in subsection (1) shall be eligible to apply for a
loan in respect of one post or office only, and a person who has
been granted a loan under subsection (1) shall not be eligible to
apply for another loan under that subsection in respect of any
other post or office he may subsequently hold.
(3) Nothing in subsection (2) shall be construed as precluding
a person who has been granted a loan from obtaining--
(a)
the balance of the amount for which he is eligible; or
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Housing Loans Fund
9
(b)
the balance of the amount for which he may become
eligible as a result of any change of post or office.
(4) A person who is eligible to apply for a loan from a State
Government, statutory body or local authority that operates its
own housing loans scheme shall not be eligible for a loan under
subsection (1).
Repayment of loan
6.  (1) Notwithstanding subsection 13(2) of the Financial
Procedure Act 1957--
(a)
sums representing the proceeds of loan raised under
the provisions of this Act together with interests due
thereon shall, subject to paragraph (b), be repaid out
of the Fund; and
(b)
the Minister of Finance may authorize the payment of
such portion as he may determine of the interest due in
paragraph (a) out of the Consolidated Fund.
(2) If the moneys standing to the credit of the Fund are
insufficient to repay the whole sum raised or part thereof together
w i t h interests due thereon, the Minister of Finance shall
a p p r o p r i a t e out of the Consolidated Fund and repay the sum
outstanding together with interest due thereon.
Minister may issue directions
7.  The Minister of Finance may issue directions, not
inconsistent with this Act, as to the management and operation of
the Fund.
PART IV
STATE HOUSING LOANS FUND
State Housing Loans Fund
8.  (1) Part III of this Act shall have application in respect of the
Housing Loans Fund of a State as they have application in respect
of the Housing Loans Fund specified in the Second Schedule to
the Financial Procedure Act 1957 , and references in that Part to
the Housing Loans Fund specified in the said Second Schedule
shall be construed accordingly.
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Laws of Malaysia
ACT 42
(2) In relation to the application of Part III of this Act to the
Housing Loans Fund of a State as aforesaid--
(a)
references in that Part specified in the first column of
the Schedule to this Act shall be construed as
references specified in the corresponding second
column of the said Schedule;
(b)
paragraphs 5(1)(c), (d), (e) and (f) shall not apply.
PART V
GENERAL
Repeal
9.  The Emergency (Essential Powers) Ordinance No. 48 1970
[P.U.(A)301/1970] is repealed.
SCHEDULE
[Section 8]
References in Part III
...
...
Construction in relation to the application
of Part III to the Housing Loans Fund of a
State
1. Federal ...
...
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State
2. Parliament
...
...
...
Legislative Assembly
3. Minister of Finance
Menteri Besar or Chief Minister of a
State, and in the case of Sabah, the
Minister charged with the responsibility
for finance in that State
Member of the public service of a State
4. Member of the public services
(other than the public service
of a State)
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Housing Loans Fund
11
References in Part III
...
...
Construction in relation to the application
of Part III to the Housing Loans Fund of a
State
5. Sums representing the proceeds  Sums representing the proceeds of loan
of  loan  raised  under  the raised under the authority of State law
provisions of this Act
for the purposes of the Fund
6. Subsection 13(2) of the
Subsection 27(2) of the Financial
Financial Procedure Act 1957
Procedure Act 1957
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LAWS OF MALAYSIA
Act 42
HOUSING LOANS FUND 1971
LIST OF AMENDMENTS
Amending law
Short title
In force from
Act A326
Housing Loans Fund (Amendment)
03-09-1971
Act 1976
Act 160
Malaysian Currency (Ringgit) Act
29-08-1975
1975
Act A438
Housing Loans Fund (Amendment)
19-05-1978;
Act 1978
s. 4(c):
03-09-1971
Act A453
Development Funds and Housing
s. 2 & 3:
Loans Fund (Amendment) Act
01-01-1978;
1979
s. 4:
03-09-1971
Act A780
Housing Loans Fund (Amendment)
01-07-1980
Act 1990
Act A885
Constitution (Amendment) Act 1994
24-06-1994
Act A1225
Housing Loans Fund (Amendment)
01-09-2004
Act 2004
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LAWS OF MALAYSIA
Act 42
HOUSING LOANS FUND 1971
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
Long title
Act A438
19-05-1978
2
Act A438
19-05-1978
Act A453
01-01-1978
4
Act A1225
01-09-2004
4A
Act A1225
01-09-2004
5
Act A326
03-09-1971
Act A438
19-05-1978
except s.5(iv)
03-09-1971
Act A453
03-09-1971
Act A780
01-07-1980
8
Act A326
03-09-1971
Act A438
19-05-1978