Regulations relating to the Council
84. The Minister may make such regulations as he thinks necessary or expedient in respect of this Part.
PART XII
THE TRIBUNAL FOR CONSUMER CLAIMS
Establishment of the Tribunal for Consumer Claims
85. There shall be established a tribunal to be known as the
“Tribunal for Consumer Claims”.
Membership of Tribunal
86. (1) The Tribunal shall consist of the following members who
shall be appointed by the Minister:
(a) a Chairman and a Deputy Chairman from among members of the Judicial and Legal Service; and
(b) not less than five members—
(i) being persons who are members of the Judicial and Legal Service or who are qualified persons within the meaning of the Legal Profession Act 1976 [Act 166], Advocates Ordinance Sabah [Sabah Cap. 2] or Advocates Ordinance Sarawak [Sarawak Cap. 110], as the case may require;
(ii) persons not falling within subparagraph (i) but are holding or have held the posts specified in the Fourth Schedule to the Subordinate Courts Act 1948 [Act 92]; or
(iii) any combination of members from subparagraph (i) or (ii).
(2) The members 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 three consecutive terms.
Consumer Protection 65 Temporary exercise of functions of Chairman
87. Where the Chairman is for any reason unable to perform his functions or during any period of vacancy in the office of the Chairman, the Deputy Chairman shall perform the functions of the Chairman.
Vacation of office
88. The office of a member of the Tribunal shall become vacant—
(a) upon the death of the member;
(b) upon the member resigning from such office by giving three months’ written notice to the Minister; or
(c) upon expiration of his term of office.
Revocation of appointment
89. The Minister may revoke the appointment of a member of the Tribunal appointed under paragraph 86(1)(b)—
(a) if his conduct, whether in connection with his duties as a member of the Tribunal or otherwise, has been such as to bring discredit to the Tribunal;
(b) if he has become incapable of properly carrying out his duties as a member of the Tribunal;
(c) if there has been proved against him, or he has been convicted on, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under a law relating to corruption;
(iii) an offence under this Act; or
(iv) any other offence punishable with imprisonment for more than two years;
(d) if he is adjudicated a bankrupt;
(e) if he has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs; or
66 Laws of Malaysia ACT 599 (f) if he absents himself from three consecutive sittings of
the Tribunal without leave of the Chairman.
Resignation
90. A member of the Tribunal appointed under paragraph 86(1)(b) may at any time resign his office by giving three months’ written notice to the Minister.
Filling of vacancy
91. Where a member ceases to be a member of the Tribunal, the Minister may appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed.
Remuneration
92. (1) The members of the Tribunal appointed under paragraph 86(1)(a) shall be paid such fixed allowances and other allowances as the Minister may determine.
(2) The members of the Tribunal appointed under paragraph 86(1)(b) shall be paid—
(a) a daily sitting allowance during the sitting of the Tribunal; and
(b) a lodging, travelling and subsistence allowance,
as the Minister may determine.
(3) The remuneration provided under subsections (1) and (2) shall be charged on the Consolidated Fund.
Secretary to Tribunal and other officers
93. (1) There shall be appointed a Secretary to the Tribunal and such number of officers as may be necessary for carrying out the functions of the Tribunal.
(2) The Chairman shall have general control of the officers of the Tribunal.
(3) For the purposes of this Act, the Secretary to the Tribunal shall be deemed to be an officer of the Tribunal.
Consumer Protection 67
Public servant
94. All members and officers of the Tribunal while discharging their duties as such members and officers, shall be deemed to be public servants within the meaning of the Penal Code.
No action to lie against Tribunal
95. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Tribunal or against any member or officer of the Tribunal in respect of any act, neglect or default done or committed by him in such capacity.
Sittings of Tribunal
96. (1) The jurisdiction of the Tribunal shall be exercised by any
of the following persons sitting alone:
(a) the Chairman of the Tribunal;
(b) the Deputy Chairman of the Tribunal; or
(c) any member of the Tribunal selected by the Chairman.
(2) The Tribunal may sit in two or more sittings on such day and at such time and place as the Chairman may determine.
(3) If the person presiding over any proceedings in respect of a claim dies or becomes incapacitated, or is for any other reason unable to complete the hearing or dispose of the proceedings, the proceedings shall be heard afresh by another member of the Tribunal, unless the parties agree that the proceedings be continued by another member of the Tribunal.
(4) WherethetermofappointmentofanymemberoftheTribunal under this section expires during the pendency of any proceedings in respect of a claim, the term of his appointment shall be deemed to be extended until the final disposal of the claim.
Commencement of proceedings
97. A consumer may lodge with the Tribunal a claim in the prescribed form together with the prescribed fee claiming for any loss suffered on any matter concerning his interests as a consumer under this Act.