Malaysia legislation
Section 28
of WORKERS' MINIMUM STANDARDS OF HOUSING AND AMENITIES ACT 1990
Section 28
District Engineer shall have power at all times without the need for previous notice—
A prosecution for any offence under this Act or any regulations made thereunder shall not be instituted except by, or with the written consent of, the Public Prosecutor.
Compounding of offences 28a. (1) The Minister may, with the approval of the Public
(a)
any offence under this Act or any regulations made under this Act as an offence which may be compounded;
(b)
the criteria for compounding such offence; and
(c)
the method and procedure for compounding such offence.
(2)
The Director General or any officer authorized in writing by the Director General may, with the consent in writing of the
Public Prosecutor, at any time before a charge is being instituted, compound any offence prescribed as an offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence to compound the offence upon payment to the Director General of a sum of money not exceeding fifty per centum of the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.
Employees’ Minimum Standards of Housing,
Accommodations and Amenities 35
(3)
An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted.
(4)
If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Director
General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(5)
Where an offence has been compounded under this section—
(a)
no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and
(b)
any document or thing seized in connection with the offence may be released by the Director General, subject to such terms as the Director General thinks fit.
(6)
All sums of moneys received by the Director General under this section shall be paid into and form part of the Federal
Consolidated Fund.
Protection against suits and legal proceedings 28b. No action, suit, prosecution or any other proceedings shall lie or be brought, instituted or maintained in any court against the Minister, the Director General or any officer vested in him with powers by the Minister under section 26 in respect of any act, neglect or default done or omitted by it or him in good faith, in such capacity.
Director General and officers deemed to be public servants