Section 38B
Compounding of offences
of Agricultural Produce Board Enactment 1981
The Board may compound any offence committed by any person under this
Enactment which prescribed to be a compoundable offence by making a written offer to such person to compound the offence on payment to the Board of an amount not exceeding fifty per cent of the amount of the maximum fine for that offence within the time specified in the offer.
(2)
An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.
(3)
If the amount specified in the offer made under subsection (1) is not paid within the time specified in the offer or within such extended period as the Board may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(4)
Where an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any product, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other thing seized in connection with the offence may be released or forfeited by the authorized officer, subject to such terms and conditions as he thinks fit.
40
(5)
All sums of moneys received by the Board under this section shall be paid into and form part of the State Consolidated Fund.