Section 45

There shall also be a Deputy Chairman of the Appeal Board, which in the section is referred to as ―Deputy Chairman‖, who shall only serve in the Appeal Board if the Chairman is unable to exercise his functions owing to illness, absence from Malaysia or for any other cause whatsoever and when the Deputy Chairman serves in the Appeal

Board under the aforesaid circumstances he shall exercise the functions of the Chairman.

The Chairman and the Deputy Chairman shall be persons nominated by the Chief Justice of the High Court in Malaya, from amongst persons who are judges of such High Court or who for the ten years preceding the nomination have been advocates and solicitors of such High Court or have been members of the judicial and legal service of Malaysia.

Federal Territory (Planning) 49

The appointment of the Chairman and Deputy Chairman shall be made by the Yang di-Pertuan Agong by notification in the Gazette from amongst the persons nominated pursuant to subsection (3) and a person so appointed shall unless he sooner resigns or his appointment revoked, hold office for a period not exceeding three years and shall be eligible for reappointment.

Gazette by the Minister.

The Yang di-Pertuan Agong may revoke the appointment of the

Chairman or Deputy Chairman and the Minister may revoke the appointment of the other members without assigning any reason therefor.

A member of the Appeal Board having an interest in any matter before it shall disclose the fact of his interest and the nature thereof, and such disclosure shall be recorded and such member shall take no part in any proceedings of the Appeal Board relating to such matter.

Every decision of the Appeal Board shall be made by the

Chairman after considering the opinion of the other two members but in making his decision the Chairman shall not be bound to concur with the opinion of the other two members or either of them provided that the Chairman shall record his reasons for dissenting therefrom.

The Appeal Board shall in addition to all the powers contained under this Act have powers to summon and examine witnesses, require any person to bind himself by an oath to state the truth, compel the production and delivery of any document which it considers to be material for the proceeding before it, to award costs or make any order in respect of any appeal before it where this Act does not provide for the nature of the order to be made.

50 Laws of Malaysia ACT 267

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.

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.

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.

For the purposes of the Penal Code, the Appeal Board shall be deemed to be a court and every member thereof shall be deemed to be a public servant.

The Minister 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].

Members of the Appeal Board shall be paid such allowances as the Minister may with the approval of the Minister of Finance, determine.