Malaysia legislation
Section 85
Section 85
Private Higher Educational Institutions 81
(a)
a member of the board of directors;
(b)
a manager;
(c)
a secretary;
(d)
holding an office or position similar to that of a manager or secretary of the company establishing such private higher educational institution;
(e)
a chief executive;
(f)
a clerk;
82 Laws of Malaysia ACT 555
(g)
a servant;
(h)
an agent; or
(i)
a person who was purporting to act in any capacity in paragraphs (1)(a) to (h), or was in any manner or to any extent responsible for the management of any of the affairs of such private higher educational institution, or was assisting in such management, of the private higher educational institution shall be deemed to be guilty of that offence.
(2)
It shall be a defence for any person prosecuted pursuant to subsection (1) if he proves—
(a)
that the offence was committed without his knowledge or connivance; or
(b)
that he—
(i)
took all reasonable precaution; and
(ii)
exercised all due diligence, to prevent the commission of the offence as he ought to have taken and exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
(3)
A private higher educational institution liable under this Act to any punishment or penalty for any act or omission shall be liable to the same punishment or penalty for any such act or omission by—
(a)
an agent acting on its behalf; or
(b)
a clerk or servant acting in the course of its employment.
Private Higher Educational Institutions 83
(4)
(Deleted by Act A1352).
Power to compound