Malaysia legislation
Section 17
of PADI CULTIVATORS (CONTROL OF RENT AND SECURITY OF TENURE) ACT 1967
Section 17
(a)
to hear and determine applications made under this Act;
(b)
to hear and determine disputes between landlords and tenants arising out of their tenancy agreement;
(c)
to conduct enquiries and to administer oaths and affirmations, to examine any witness on oath or affirmation, to summon any person before him, take and record evidence of any such person and to award costs to any person appearing and giving evidence before it; and
(d)
to make such decisions or orders as may be necessary to give effect to the determination of any application or dispute.
(2)
Except as provided in subsection (3), a decision or order of the Committee in an enquiry shall not be altered or added to except for the purpose of correcting verbal errors or remedying some accidental defect or omission not affecting a material part of the enquiry.
(3)
A decision or order of a Committee may be reviewed, varied or set aside by such Committee or a succeeding Committee in the following cases:
(a)
where the decision or order was made in consequence of fraud, misrepresentation or mistake;
Padi Cultivators (Control of Rent and
Security of Tenure)
(b)
where fresh evidence of a material nature, which could not by the exercise of reasonable diligence have been produced when the decision or order was made, is available;
(c)
where the decision or order was made in the absence of any necessary or proper party whose absence was not due to any default or neglect on his part; or
(d)
where, in the opinion of the Committee, substantial injustice has been occasioned by the decision or order.
(4)
All decisions or orders of the Committee shall be binding on all present and subsequent landlords, tenants and chargees of any padi land in respect of which they are made.
(5)
For the purpose of exercising the functions under this Act, the Committee or Chairman shall have all the powers of a First
Class Magistrate, and may deal with any case of contempt or misbehaviour committed in the view or presence of the Committee or Chairman in accordance with the powers conferred upon such
Magistrate.
(6)
Any decision or order of the Committee shall be treated as if it was a decision or order of such Magistrate.
Conduct of enquiry