Appeal
Open ↗(1) Any person who is aggrieved by—
(a) a refusal to grant a licence or transfer of a licence;
(b) the imposition of any condition, limitation or restriction on his licence;
(c) the revocation, suspension or variation of his licence;
(d) the amount which he would be required to pay under section 47;
(e) any decision of the Director General under subsection 34A(3) or (4); and
(f) any decision of the Director General or any officer under subsection 48A(2) or (5),
may within such time and in such manner as may be prescribed, appeal to the Appeal Board.
(2) The Appeal Board may after hearing the Director General and the appellants make such order as it deems fit.
Appeal Board
Open ↗(1) For the purpose of this Act there shall be appointed an Appeal Board consisting of three members, one of whom shall be the Chairman (hereafter in this section referred to as the Chairman).
(2) There shall also be a Deputy Chairman of the Appeal Board (hereafter in this section referred to as a Deputy Chairman) who shall only serve in the Appeal Board if the Chairman is unable to exercise his functions owing to illness, absence from the Federation or for any other cause whatsoever; and when the Deputy Chairman is to serve in the Appeal Board under the aforesaid circumstances he shall exercise the functions of the Chairman.
(3) The Chairman and the Deputy Chairman shall be persons nominated by the Chief Justice from amongst persons who for the seven years preceding the nomination have been advocates and solicitors of the High Courts in Malaysia or have been members of the judicial and legal service of the Malaysia and who shall be appointed by a notification in the Gazette by the Minister for a period not exceeding three years; and any person so appointed shall be eligible for reappointment.
(4) (a) The Chairman may call upon to serve on the Appeal Board any two members from a panel of persons appointed by notification in the Gazette by the Minister.
(b) The appointment of any member, other than the Chairman and the Deputy Chairman shall be for a period of three years unless he sooner resigns or his appointment is sooner revoked.
(5) The Minister may revoke the appointment of the Chairman or Deputy Chairman or the appointment of the other members without assigning any reason therefor.
(6) A member of the Appeal Board having an interest in any matter before the Board shall disclose to the Appeal Board 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.
(7) Every decision of the Appeal Board shall be made by the Chairman of the Appeal Board after considering the opinion of the other two members but in making his decision the Chairman shall not be bound to conform to the opinion of the other two members or either of them provided that the Chairman shall record his reasons for dissenting therefrom.
(8) In addition to all the powers granted to the Appeal Board under this Act the Appeal Board shall also have power to award costs or make any order in respect of an appeal before it.
(9) The rules of procedure for the hearing of appeal under this Act shall follow insofar as applicable, the Subordinate Courts Rules and the Chairman shall keep a record of such hearing.
(10) A member shall be entitled to such remuneration or allowances as may be determined by the Minister.
