Malaysia legislation
Section 36
Section 36
(2)
The State Authority shall, by notification in the State Gazette, appoint—
(a)
with the concurrence of the Minister, a Chairman and a
Deputy Chairman of the Appeal Board, being persons who are or have been judges or advocates and solicitors of the
High Court or members of the Judicial and Legal Service of Malaysia or who have had judicial experience or other suitable qualifications and experience; and
(b)
such number of fit persons, not exceeding twelve, as the
State Authority considers adequate to be additional members of the Appeal Board.
(3)
A person appointed under subsection (2) shall, unless he sooner resigns his office or his appointment is sooner revoked, hold office for such period not exceeding three years as the State Authority shall specify in the notification of appointment, but shall be eligible for reappointment.
(4)
The State Authority may revoke the appointment of a member of the Appeal Board without assigning any reason therefor.
(5)
When the Chairman is unable to exercise his functions owing to illness, absence from Malaysia, or any other cause, the Deputy
Chairman shall exercise the functions of the Chairman; and in exercising those functions, the Deputy Chairman shall, for the
Town and Country Planning 77
purposes of this Act, be deemed to be the Chairman of the Appeal
Board.
(6)
Whenever a need arises for the Appeal Board to be convened, the Chairman shall call upon any two of the members appointed under paragraph (2)(b) to serve with him on the Appeal Board; and it shall be the duty of every member so called upon, to serve on the Appeal
Board, unless he is excused by the Chairman, on such grounds as the
Chairman considers reasonable, from so serving.
(7)
A member of the Appeal Board having an interest in any matter before it shall, as soon as he is aware of his interest, disclose the fact and nature thereof to the Chairman and shall take no part or further part in the proceedings of the Appeal Board relating to the matter.
(8)
Every disclosure of interest made under subsection (7) shall be recorded.
(9)
Every decision of the Appeal Board shall be made by the
Chairman after considering the opinions of the other two members, but in making the decision the Chairman shall not be bound to conform to the opinions of the other two members or either of them, but if the
Chairman dissents therefrom, he shall record his reasons for dissenting.
(10)
In respect of an appeal before it, the Appeal Board—
(a)
shall hear the appellant and the local planning authority;
(b)
may summon and examine witnesses;
(c)
may require any person to bind himself by an oath to state the truth;
(d)
may compel the production and delivery of any document that it considers relevant or material to the appeal;
(e)
may confirm, vary or reverse the order or decision appealed against;
(f)
may award costs; and
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(g)
may make any order whether or not provided for by, and not inconsistent with, this Act.
(11)
Every person summoned by the Appeal Board to attend its proceedings is legally bound to attend at the place and time specified in the summons, and every person required by the Appeal Board to produce or deliver any document to the Appeal Board or to any public servant is legally bound to so produce or deliver the document.
(12)
All summonses, notices, awards, and orders issued, made, or given under the hand of the Chairman shall be deemed to be issued, made, or given by the Appeal Board.
(13)
An order made by the Appeal Board on an appeal before it shall be final, shall not be called into question in any court, and shall be binding on all parties to the appeal or involved in the matter.
(14)
For the purposes of the Penal Code [Act 574], the Appeal
Board shall be deemed to be a court and every member thereof shall be deemed to be a public servant.
(15)
The State Authority may make rules to prescribe the procedure of appeals to the Appeal Board and the fees payable in respect thereof, and to regulate the proceedings of the Appeal Board but, until such rules are made and in operation, the Appeal Board shall, for the purpose of its proceedings, as far as practicable follow the Subordinate
Courts Rules 1980 [P.U. (A) 328/1980].
(16)
Members of the Appeal Board shall be paid, from State funds, such allowances as the State Authority may determine.