Section 39
Compounding of offences
of Pembangunan Sumber Manusia Berhad Act 2001
The Officer in Charge may, with the consent in writing of the Public Prosecutor, compound any offence, except an offence under section 40 or 41, committed by any person under this
Act or any regulations made under this Act and prescribed by the Minister to be a compoundable offence by regulations made under this Act by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Officer in Charge of an amount of money not exceeding fifty percent of the amount of 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, and if the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Officer in Charge may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(3)
If 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 thing seized in connection with the offence may be released or forfeited by the Officer in Charge, subject to such terms and conditions as he thinks fit.
(4)
All sums of money received by the Officer in Charge under this section shall be paid into and form part of the Federal
Consolidated Fund.