Section 12 — CONTROL OF RENT ACT 1966

(2)

The Chairman of the Tribunal shall be appointed by the Ruler or the Yang di-Pertua Negeri, as the case may be, from any of the following persons, namely—

(a)

a member of the Judicial and Legal Service in Malaysia;

(b)

a person being an advocate and solicitor who has been in legal practice for at least five years;

(c)

a District Officer for the area or areas concerned; or

(d)

such other person who has sufficient standing and integrity as the Ruler or the Yang diPertua, as the case may be, may appoint.

(3)

The two members of the Tribunal shall be drawn from a panel appointed for a particular area or areas in a State, and such panel shall consist of not more than ten persons, all of whom shall be citizens of Malaysia and shall be appointed by the Ruler or the Yang di-Pertua Negeri, as the case may be.

(4)

Whenever a need arises for the Tribunal to be convened, it shall be the duty of the Chairman to invite two members of the panel to sit therein.

(5)

Unless unanimous, the decision of the Tribunal on any matter before it shall be by a majority consisting of the concurring opinions of the Chairman and either of the two members; but where the Chairman disagrees with both members notwithstanding that both members may agree between themselves, no decision shall be deemed to have been arrived at, and the matter shall forthwith be referred for a decision to the Appeal Board constituted under section 15 for the area in which the controlled premises in question are situated; and the decision so made shall be final and shall not be questioned in any court.

(6)

The Tribunal shall have powers to summon and examine witnesses and compel the production and delivery of any documents which the Tribunal considers to be material for the proceedings before it; and all summonses and notices issued under the hand of the Chairman shall be deemed to be issued by the Tribunal.

(7)

Any person interested in a proceeding before the Tribunal may be represented before it by an advocate and solicitor of the High Court.

(8)

The proceedings of the Tribunal shall be held in camera but the Tribunal may in its discretion open to the public the whole or any part of the proceedings before it; and minutes of the same, including a note of any oral evidence given before the Tribunal, shall be kept by the Chairman.

(10)

The Public Authorities Protection Act 1948, Act 198 shall apply to the Tribunal and to the Chairman and each member thereof.

(9)

The Chairman and members of the Tribunal shall be public servants within the meaning of the Penal Code.