Duty, powers and procedures of Appeals Board – Singapore property for sale
58.—(1) It shall be the duty of the Appeals Board to hear and decide all appeals under section 59. Singapore property for sale
(2) In the discharge of its functions under this Act, the Appeals Board shall have the following powers:
(a) to take evidence on oath;
(b) to summon any person to attend any hearing of the Appeals Board to give evidence or produce any document or other article in his possession, except that no person shall be
bound to answer any question or produce any document or other article in respect of any matter which would have been protected from disclosure on the ground of privilege if the
proceedings had been held in any court;
(c) to do anything which is necessary or expedient to enable it to perform its functions; and
(d) to exercise the powers of a Disciplinary Committee under this Act.
(3) The Appeals Board shall not be bound by the rules of evidence applicable to civil proceedings but may inform itself of any matter as it thinks fit. Singapore property for sale.
(4) The Chairman shall, when present, preside at every meeting of the Appeals Board, and in his absence the following person shall preside:
(a) where there is only one Vice-Chairman present, the Vice- Chairman; and
(b) where there is more than one Vice-Chairman present, such Vice-Chairman as may be chosen by the Vice-Chairmen present.
(5) All members of the Appeals Board shall, in the performance of their functions and duties under this Act, be deemed to be public servants for the purposes of the Penal Code (Cap. 224). Singapore property for sale.
(6) Subject to the provisions of this Act, the Appeals Board may regulate its own procedure in such manner as it thinks fit. Singapore property for sale.
(7) All powers, functions and duties of the Appeals Board may be exercised, discharged and performed by any committee of the Appeals Board consisting of not less than 3 members of the Appeals Board, at least one of whom shall be the Chairman or a Vice-Chairman.
(8) Any act, finding or decision of any such committee of the Appeals Board shall be deemed to be the act, finding or decision of the Appeals Board. Singapore property for sale.
(9) The secretary to the Appeals Board shall, from time to time, summon such members of the Appeals Board as may be nominated by the Chairman (or a Vice-Chairman authorised by him) to constitute a committee of the Appeals Board to consider and determine an appeal under this Part.
(10) The quorum of the Appeals Board and any committee of the Appeals Board shall be 3, one of whom must be the Chairman or a Vice-Chairman.
(11) The proceedings of a committee of the Appeals Board shall be presided by —
(a) where the Chairman is a member of the committee, the Chairman; and
(b) where the Chairman is not a member of the committee and —
(i) there is only one Vice-Chairman on the committee, the Vice-Chairman; or
(ii) there is more than one Vice-Chairman on the committee, such Vice-Chairman as the Chairman may determine.
(12) Where the person to preside at a meeting of a committee under subsection (11) is absent from any meeting of the committee, the meeting shall be presided by —
(a) where there is only one Vice-Chairman who is a member of the committee present, the Vice-Chairman; and
(b) where there is more than one Vice-Chairman who is a member of the committee present, such Vice-Chairman as may be chosen by the Vice-Chairmen present.
(13) The proceedings of the Appeals Board and any committee of the Appeals Board shall not be open to the public. Singapore property for sale.
(14) All matters coming before the Appeals Board or a committee of the Appeals Board shall be decided by a majority of votes of the members present, and in the event of an equality of votes, the member presiding shall have a second or casting vote.
(15) No act or proceedings of the Appeals Board or a committee of the Appeals Board shall be questioned by reason only of any vacancy on it. Singapore property for sale.
(16) A member of a committee of the Appeals Board shall, notwithstanding that he has ceased to be a member of the Appeals Board on the expiry of his term of office, continue to be a member of the committee until such time as the committee has completed its work.
Source: Estate Agents Act (EAA)
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