Malaysia legislation

Section 41

of *FACTORIES AND MACHINERY ACT 1967

Section 41

(2)

Any person aggrieved by any order made by a Senior Inspector under subsection (1) or otherwise under this Act may within twenty one days from the date of the order appeal to the chief Inspector who shall refer it to a

Board of Appeal constituted under this section.

(3)

A Board of Appeal may after hearing such evidence as it may consider necessary and considering any representations made confirm, annul or vary the order made by the Senior Inspector.

(4)

Subsection

(a)

The Minister shall appoint a Board of Appeal for the purpose of considering any appeal made under this section.

(b)

A Board of Appeal shall consist of the Chief Inspector or a Deputy

Chief Inspector as the Chairman and two members nominated by the

Minister, who in his opinion, have wide experience and knowledge in matters relating to the subject matter of the appeal.

(c)

All questions requiring decision by a Board of Appeal shall be decided by a majority of the Board.

(d)

A copy of the decision of a Board of Appeal, on an appeal referred to it, certified by the Chairman, shall be served without delay on the person by whom the appeal was preferred.

(da) The decision of the Board of Appeal shall be final and shall not be questioned in any court.

(e)

Every member of the Board of Appeal may be paid an allowance at such rates as the Minister may determine.

Factory and Machinery 47

(5)

The Senior Inspector in the case of an appeal under subsection (1) or the Chief Inspector in the case of an appeal under subsection (2) may direct that the order appealed from shall be suspended pending determination of the appeal.

Report of changes, etc.