Lembaga Pembangunan Industri Pembinaan Malaysia (Amendment) Act 2011 · s 28

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28.
New sections 38A, 38B and 38C
The principal Act is amended by inserting after section 38
the following sections:
38A.
“Appearance for the Lembaga in civil proceedings
Notwithstanding the provisions of any written law, in any civil proceedings by or against the Lembaga—
(a) any officer of the Lembaga or any public officer authorized by the Chairman; or
(b) any member of the Malaysian Bar, may on behalf of the Lembaga, conduct such proceedings and may make and do all appearances, acts and applications in respect of such proceedings.
38B.
Protection to the Lembaga, etc.
(1) No action shall be brought, instituted or maintained in any court, against the Lembaga or its members, officers, servants or agents for anything done or omitted to be done by the Lembaga or its members, officers, servants or agents in good faith without negligence and done in exercise of any powers or performance of any duty under this Act.
(2) The Public Authorities Protection Act 1948 [Act 198]
shall apply to any action, suit, prosecution or proceedings against the Lembaga or its members, officers, servants or agents in respect of any act, negligence or default done by the Lembaga or its members, officers, servants or agents in such capacity.
38C.
Compounding of offences
(1) The Lembaga may prescribe any offence under this Act as an offence which may be compounded.
(2) The Lembaga, with the consent of the Public Prosecutor in writing, may at any time before a charge is being instituted compound any of the offences prescribed under subsection (1)
as an offence which may be compounded by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding fifty per centum of the maximum fine and in the case where there is a minimum fine, a sum of money not exceeding fifty per centum of the maximum fine but not less than the minimum fine provided to which the person would have been liable if he had been convicted of the offence, within such time as may be specified in his written 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, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Lembaga may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Lembaga Pembangunan Industri Pembinaan Malaysia
(Amendment)
(4) Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any document or thing seized in connection with the offence may be released by the Lembaga, subject to such terms and conditions as it thinks fit.
(5) All sums of money received by the Lembaga under subsection (2) shall be paid into and form part of the Fund under Part IV of the Act.”.

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s 28New sections 38A, 38B and 38C

The principal Act is amended by inserting after section 38

the following sections:

s 38A“Appearance for the Lembaga in civil proceedings

Notwithstanding the provisions of any written law, in any civil proceedings by or against the Lembaga—

(a)

any officer of the Lembaga or any public officer authorized by the Chairman; or

(b)

any member of the Malaysian Bar, may on behalf of the Lembaga, conduct such proceedings and may make and do all appearances, acts and applications in respect of such proceedings.

s 38BProtection to the Lembaga, etc.

(1)

No action shall be brought, instituted or maintained in any court, against the Lembaga or its members, officers, servants or agents for anything done or omitted to be done by the Lembaga or its members, officers, servants or agents in good faith without negligence and done in exercise of any powers or performance of any duty under this Act.

(2)

The Public Authorities Protection Act 1948 [Act 198]

shall apply to any action, suit, prosecution or proceedings against the Lembaga or its members, officers, servants or agents in respect of any act, negligence or default done by the Lembaga or its members, officers, servants or agents in such capacity.

s 38CCompounding of offences

(1)

The Lembaga may prescribe any offence under this Act as an offence which may be compounded.

(2)

The Lembaga, with the consent of the Public Prosecutor in writing, may at any time before a charge is being instituted compound any of the offences prescribed under subsection (1)

as an offence which may be compounded by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding fifty per centum of the maximum fine and in the case where there is a minimum fine, a sum of money not exceeding fifty per centum of the maximum fine but not less than the minimum fine provided to which the person would have been liable if he had been convicted of the offence, within such time as may be specified in his written 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, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Lembaga may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Lembaga Pembangunan Industri Pembinaan Malaysia

(Amendment)

(4)

Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any document or thing seized in connection with the offence may be released by the Lembaga, subject to such terms and conditions as it thinks fit.

(5)

All sums of money received by the Lembaga under subsection (2) shall be paid into and form part of the Fund under Part IV of the Act.”.