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Section 86

Power to compound

of Private Higher Educational Institutions Act 1996

ActIn forceProvision 92 of 105
Section 86
(1)

The Registrar General may, with the consent in writing of the

Public Prosecutor, compound any offence committed by any private higher educational institution or person under this Act or the regulations made under this Act, which is prescribed to be a compoundable offence.

(2)

A written offer shall be made to the person to compound the offence upon payment to the Registrar General of such sum of money as may be so specified, which shall not be more than fifty per centum of the maximum fine to which the person would have been liable if he had been convicted of the offence, within such time as may be specified in the offer.

(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)

Where an offence has been compounded—

(a)

no further proceeding shall be taken and no prosecution shall be instituted against such person to whom the offer to compound was made; and

(b)

any goods, books, minute books, registers, documents, materials or other articles seized in connection with the offence, may be released subject to such conditions as may be imposed in accordance with the condition of the compound.

(5)

Any money received by the Registrar General under this section shall be paid into and form part of the Federal Consolidated Fund.

(6)

Where the amount specified in the offer to compound is not paid within the time specified in the offer, or within such extended period

84 Laws of Malaysia ACT 555

as the Registrar General may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.