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Electrical Inspectorate Act 1983 Part VII — Enquiry and arbitration

s 23–s 25 · 3 sections

s 23

(1) In the event of any difference of opinion between a licensee and a Director or between the management or owner of any instailation or equipment and a Director regarding any matter allecting the construction, erection, maintenance or operation oi any installation or equipment, the matter shall be reterrec to and decided by the Director General. (2) Any person who feels aggrieved by a decision of the Director General under subsection (1) may apply to the Minister for re-consideration of the matter in dispute. The application shall be made in writing within twenty-one days from the date of the decision of the Director General, or within such further period as the Minister may in special circumstances allow, and shall contain the grounds of grievance. (3) On receipt of the application, the Minister shall appoint a Chairman as his representative to hold an enquiry into the matter together with two other persons to be nominated by the Minister as assessors. The assessors shall be persons possessing electrical or other special skill and experience drawn from persons not in the service of the Electrical Inspectorate. (4) All questions in the enquiry shall be determined by a majority of the members holding the enquiry. (5) (a) At the conclusion of the enquiry the Chairman shall forward to the Minister a summary of the evidence together with the decision arrived at, and the Minister shall accept the decision and shall inform all persons concerned. (b) Any person concerned shall be entitled, upon payment of the prescribed fees, to a copy of the summary of evidence and decision. (6) Persons nominated by the Minister to serve as assessors shall be summoned and shall be entitled to receive such remuneration as may, from time to time, be prescribed by the Minister. 7) (a) Any person summoned to attend as a assessor who without lawful excuse- (i) fails to attend as required by the summons; or if opinion tween the equipment ig the conon of any je referred decision of may apply matter in ting within sion of the riod as the ; and shall nister shall to hold an ner persons essors. The :al or other sons not in determined enquiry. the Chairlary of the at, and the inform all itled, upon of the sumto serve as entitled to ne to time, end as an Immons; or IPt. VII, S. 23-25] (ii) havinig attended departs without having obtained the permission of the Chairman; or (iii) fails to attend after an adjournment of the enquiry, shall be liable, upon order made by the Chairman, to a fine not exceeding one hundred ringgit. (b) When any assessor is fined, the Chairman shall forthwith send him a written notice requiring him to pay such fine or show cause before the Chairman within fourteen days, why the same should not be paid. Any such fine may be enforced in the manner provided by the Criminal Procedure Code. F.M.S Cap. б.

s 24

Open ↗

For the purpose of holding enquiries under this Act, Polerof the Director General or the Chairman, as the case may enquiry. be, shall have power to administer oaths and affirmations and shall be vested with the powers of a first class magistrate for compelling the attendance of witnesses, maintaining order and otherwise duly conducting the said enquiries. Persons summoned to attend any such enquiry shall be legally bound so to attend.

s 25

Open ↗

(1). Where any matter is required to be determined Arbitration. by arbitration under this Act, the same shall be determined by an arbitration board comprising one or three arbitrators chosen by the parties or, if they are unable to agree, by the Chief Justice. (2) Each party shall have power to appoint an assessor to sit with the arbitrator, but the arbitrator alone shall have power to decide and make an award Where more than one arbitrator is appointed, a majority of them may decide and make an award. (3) The arbitration, shall take place at such place within Malaysia as the arbitrator shall decide, and shall, subject to this section, be governed by the Arbi- Ac193. tration Act 1952. an arbitrator chosen by parties shall be fixed by them. Offences. [Pr. VII-VIII, S. 25-26] The costs of reference and the award, including the remuneration of the arbitrator, shall be paid by, the parties in such proportion as the arbitrator may decide: Provided that the remuneration and the allowances of an assessor shall be paid by the party appointing him.

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Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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