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Perumahan Rakyat 1Malaysia Act 2012 [Act 739]

Part IX

APPEAL TRIBUNAL

56 Establishment of Appeal Tribunal

There shall be established an Appeal Tribunal for the purpose of reviewing any decision or direction of the Corporation on appeal under this Act.

57 Membership of Appeal Tribunal

(1) The Appeal Tribunal shall consist of the following members who shall be appointed by the Minister:

(a) a Chairman; and

(b) at least two other members, or such greater even number of members.


(2) For the purposes of subsection (1), the Minister shall appoint-

(a) a person who is a member of the Judicial and Legal Service for at least ten years or who is a practising advocate and solicitor of the High Court for at least ten years to be the Chairman of the Appeal Tribunal; and

(b) persons who, in the opinion of the Minister, have experience and shown capacity, integrity and professionalism in matters relating to housing and community development, finance, construction, engineering, business or administration, or are otherwise suitable for appointment because of their special knowledge, experience or suitable qualification to be the other members of the Appeal Tribunal.


(3) The appointment of the members of the Appeal Tribunal shall be published in the Gazette.

(4) A member of the Appeal Tribunal referred to in paragraph (1)(b)-

(a) shall hold office for a term not exceeding three years; and

(b) shall be eligible for reappointment upon expiry of his term of office, but shall not be appointed for more than two consecutive terms.

58 Allowances

(1) The members of the Appeal Tribunal appointed shall be paid such fixed allowances and other allowances as the Minister may determine.

(2) The members of the Appeal Tribunal shall be paid-

(a) a daily sitting allowance during the sitting of the Appeal Tribunal; and

(b) a lodging, travelling and subsistence allowance, as the Minister may determine.

59 Resignation and revocation of appointment

(1) The Chairman of the Appeal Tribunal or any other member of the Appeal Tribunal may at any time resign his office by giving a written notice to the Minister.

(2) The Minister may, at any time, revoke the appointment of the Chairman of the Appeal Tribunal or any other member of the Appeal Tribunal if-

(a) he is of unsound mind or otherwise incapable of performing his duties as the Chairman of the Appeal Tribunal or member of the Appeal Tribunal under this Act or managing his affairs;

(b) he becomes bankrupt or insolvent;

(c) he is prohibited from being a director of a company under the provisions of any written law relating to companies;

(d) he has been convicted of an offence under any written law by a court in Malaysia;

(e) he is guilty of serious misconduct in relation to his duties under this Act;

(f) he fails to comply with his obligations under section 61; or

(g) his performance, in the opinion of the Minister, has been unsatisfactory for a significant period of time.

60 Vacation of office and temporary appointments

(1) The office of the Chairman of the Appeal Tribunal or any other member of the Appeal Tribunal shall be vacated if-

(a) he dies;

(b) he resigns or otherwise vacates his office before the expiry of the term for which he is appointed; or

(c) his appointment is revoked under section 59.


(2) The Minister shall appoint another person in accordance with section 57 to replace the Chairman of the Appeal Tribunal or any other member of the Appeal Tribunal during a vacancy in the office of the Chairman or other member of the Appeal Tribunal.

(3) The Minister may appoint temporarily another person in accordance with section 57 to act as the Chairman of the Appeal Tribunal or any other member of the Appeal Tribunal-

(a) during any period when the Chairman of the Appeal Tribunal or the other member is absent from duty or from Malaysia; or

(b) if the Chairman of the Appeal Tribunal or other member of the Appeal Tribunal is, for any other reason, unable to perform his duties under this Act.


(4) No act done or proceeding taken by the Appeal Tribunal in the performance of its functions or the exercise of its powers shall be affected on the ground of any vacancy in the membership of the Appeal Tribunal.

61 Disclosure of interest in relation to members of Appeal Tribunal

(1) The Chairman of the Appeal Tribunal and a member of the Appeal Tribunal shall disclose, as soon as practicable, to the Minister and any other member of the Appeal Tribunal any interest, whether substantial or not, which might conflict with his duties as the Chairman of the Appeal Tribunal or member of the Appeal Tribunal in a particular matter referred to the Appeal Tribunal.

(2) If the Minister or the Chairman of the Appeal Tribunal, as the case may be, is of the opinion that the interest of the Chairman of the Appeal Tribunal or member of the Appeal Tribunal is in conflict with their duties as a member of the Appeal Tribunal, the Minister or the Chairman of the Appeal Tribunal, shall inform all the parties to the matter of the conflict.

(3) If none of the parties to the matter objects to the conflict, the Chairman of the Appeal Tribunal or member of the Appeal Tribunal may continue to execute his duties as the Chairman of the Appeal Tribunal or member of the Appeal Tribunal in relation to that matter.

(4) If a party to the matter objects to the conflict, the Chairman of the Appeal Tribunal or the member of the Appeal Tribunal, as the case may be, shall not continue to execute his duties as the Chairman of the Appeal Tribunal or member of the Appeal Tribunal in relation to that matter and the Minister shall appoint another member who is not conflicted to that matter as the Chairman of the Appeal Tribunal or member of the Appeal Tribunal for that particular matter.

(5) IF the Chairman of the Appeal Tribunal or other member of the Appeal Tribunal fails to disclose his interest under subsection (1)-

(a) the decision of the Appeal Tribunal shall be invalid, unless all parties agree to be bound by the decision; and

(b) his appointment as Chairman of the Appeal Tribunal or member of the Appeal Tribunal may be revoked under section 59.

62 Secretary to Appeal Tribunal and other officers

(1) There shall be appointed a Secretary to the Appeal Tribunal and such number of officers as may be necessary for carrying out the functions of the Appeal Tribunal.

(2) For the purposes of this Act, the Secretary and the officers appointed under subsection (1) shall be deemed to be officers of the Appeal Tribunal.

63 Appeal to Appeal Tribunal

(1) A person who is aggrieved by a decision or direction of the Corporation may, subject to the payment of such fees and compliance with such terms and conditions as may be prescribed, appeal to the Appeal Tribunal by filing a notice of appeal with the Appeal Tribunal.

(2) A notice of appeal shall be made to the Appeal Tribunal in writing within thirty days from the date of the decision or direction of the Corporation and the appellant shall give a copy of the notice of appeal to the Chief Executive Officer.

(3) The notice of appeal shall state briefly the substance of the decision or direction of the Corporation appealed against, contain an address at which any notices or documents connected with the appeal may be served upon the appellant or upon his advocate and shall be signed by the appellant or his advocate.

64 Record of decision or direction of the Corporation

(1) The aggrieved person referred to in subsection 63(1) may request in writing to the Corporation for a statement of the grounds of the decision or direction of the Corporation appealed against.

(2) Subject to subsection (3), the Corporation shall, upon receiving the written request under subsection (1), provide a statement of its grounds for its decision or direction to the aggrieved person upon payment of a prescribed fee.

(3) When a notice of appeal has been filed with the Appeal Tribunal under subsection 63(1), the Corporation shall, if it had not already written the grounds of its decision or direction for the matter stated in the notice as requested by the appellant under subsection (1), record in writing the grounds of its decision or direction and the written grounds shall form part of the record of proceedings before the Appeal Tribunal.

65 Composition of Appeal Tribunal

(1) Every proceeding of the Appeal Tribunal shall be heard and disposed of by three members or such greater uneven number of members of the Appeal Tribunal as the Chairman of the Appeal Tribunal may in any particular case determine.

(2) In the absence of the Chairman of the Appeal Tribunal, the most senior member of the Appeal Tribunal shall preside.


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