Malaysia legislation
Section 51
Seksyen 51
“General penalty
seksyen yang berikut:
“Offences committed by the body corporate and by agents and servants 73a. (1) Where a body corporate commits an offence under this Act or any of its subsidiary legislation, any person who at the time of the commission of the offence was a chief executive officer, director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management—
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
Binatang (Pindaan)
(b)
where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i)
that the offence was committed without his knowledge, consent or connivance; and
(ii)
that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.
(2)
Where any person would be liable under this Act or any of its subsidiary legislation to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed—
(a)
by his employee in the course of his employment;
(b)
by the agent when acting on his behalf; or
(c)
by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.
Compounding of offences 73b. (1) The Minister may by order prescribe method, amount and offence to be compounded under this section.
(2)
The Director General, the State Director or to whom the
Director General or State Director has delegated such power in writing as the case may be, may compound any offence by collecting the amount to be paid from person reasonably suspected of having committed such offence through a written offer specifying the amount to be paid within such time.
(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.
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(4)
If the amount specified in the offer under subsection (2)
is not paid within the time specified in the offer or within such extended period as the Director General, the State
Director or to whom the Director General or State Director has delegated such power in writing may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.
(5)
Where an offence has been compounded under subsection (2), no prosecution shall thereafter be instituted against such person in respect of such offence and where seizure has been taken of any carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, conveyance or documents under this Act or any subsidiary legislation made under this Act or the proceeds of any sale under it, the Director General, the State Director or any veterinary authority, may destroy, forfeit or release such property in a manner as he may think fit with the approval of court.
Jurisdiction to try offences 73c. Notwithstanding any written law to the contrary, a
Magistrate Court shall have jurisdiction to try any offence under this Act or any subsidiary legislation made under this
Act, and to impose full punishment for any such offence.”.
Penggantian seksyen 74