s 12
(1) Except for the purpose of section 19, there Rent 10 ac hыn, conitang o ac mai ni ahetog mnal. members appointed in the manner provided under the (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; [Pt. III, S.12] (b) aas rsen bin nteana drocate fod atl cetst wive years; (c) a District Officer for the area or areas concerned; or (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 beforeit shall be bya majority consistingof 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. [Pt. III, S. 12-13] (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. (9) The Chairman and members of the Tribunal shali be public servants within the meaning of the Penal Cn.Sss. (10) The PublicAuthorities Protection Act 1948, Act 198. shall apply to the Tribunal and to the Chairman and each member thereof. (a) to hear and determine any application for the purpose of determining the fair rent of any controlled premises where the fair rent determined by a Rent Officer under this Act is not accepted by either the landlord or the tenant; (b) to hear and determine any application made under section 21 for the purpose of apportioning and determining the fair rent of any controlled premises or any part thereof as between the tenant and all his subtenants, where such premises or parts thereof have been sublet, or as between the landlord and each of his joint-tenants, where there is a joint-tenancy subsisting between the landlord and the occupants of the controlled premises or parts thereof, whether such joint-tenancy arises directly as a result of direct letting to such occupants or indirectly as a result of landiord under section 20n iasatied tena te [Pt. III, S. 13] (* P жeh he toяo boy oлho ia pehoя, in excess of its fair rent in accordance with section 9 (1); (d) from time to time, to review, vary or set aside any order made by it, as provided by sectios 4 or to refuse to make such order (e) to make an order for the recovery of possession of any controlled premises or any Ccorhanee tioth se puon 18, of development in (f) to make an order granting exemption from the requirements of section 20 (1) (b) and in so doing to impose such conditions as it may think fit. (2) Where the controlled premises concerned in any application or proceeding before the Tribunal are sublet by the tenant either wholly or in part, the Tribunal shall in addition to determining the fair rent in respect of the tenancy of such premises as a whole and subject to section 21 determine the fair rent of any part thereof which is separately sublet. (3) Every application under this section shall, if made by a landlord, be served on his tenant as noe ser ehis respondent, and if made by a tenant, be served on his landlord as respondent, and if made by some other person interested, be served on both the landlord and tenant as respondents; and if such application is made by either the landlord or tenant asking the Tribunal to exercise its powers under subsection (1) (a), (b) and (c), such application unless accompanied with a certificate of dispute signed by a Rent Officer. (4) Any person claiming to be interested in any proceedings before the Tribunal may apply to be made a party to such proceedings. ( [Pt. III, S. 13-14] (5) Before making any order, the Tribunal shall give all interested parties an opportunity of being heard and of producing such evidence, oral or documentary, as seems relevant to the Tribunal. (6) An order of the Tribunal may be proved by the production of a copy thereof signed by the Chairman. (7) Until reviewed, varied or set aside under section 14 an order made by the Tribunal determining the fair rent of any controlled premises shall be binding on all present and subsequent landlords, tenants and charges. (8) All orders of the Tribunal shall be recorded in a book to be called a Register Orders and such Register shall be maintained by the Tribunal and shall be open to inspection on payment of a prescribed fee.