Comparison View

Formal Consolidation |  2020 RevEd
Notice to attend court
34.—(1)  Where an inspecting officer has reasonable grounds to believe that a person has committed an offence under this Act or any regulations made under this Act, he or she may, in lieu of applying to a court for a summons under the Criminal Procedure Code 2010, immediately serve upon that person a prescribed notice, requiring that person to attend at the court described, at the time and on the date specified, in the notice.
[7/2014]
(2)  A duplicate of the notice must be prepared by the inspecting officer and, if so required by the court, produced to the court.
[7/2014]
(3)  The notice may be served on the person alleged to have committed the offence in the same manner as the service of a summons under section 116 of the Criminal Procedure Code 2010.
[7/2014]
(4)  Upon an accused person appearing before a court pursuant to the notice, the court is to take cognizance of the alleged offence and is to proceed as though he or she were produced before the court pursuant to a summons issued under section 153 of the Criminal Procedure Code 2010.
[7/2014]
(5)  If a person upon whom a notice has been served under subsection (1) fails to appear before a court in person or by counsel in accordance therewith, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person unless, in the case of an offence which may be compounded, that person has before that date been permitted to compound the offence.
[7/2014]
(6)  Upon a person arrested pursuant to a warrant issued under subsection (5) being produced before a court, the court is to —
(a)proceed as though the person were produced before it pursuant to a summons issued under section 153 of the Criminal Procedure Code 2010; and
(b)at the conclusion of the proceedings, call upon the person to show cause why the person should not be punished for failing to attend in compliance with the notice served upon the person,
and if cause is not shown, the court may order the person to pay a fine not exceeding $2,000 as the court thinks fit or may commit the person to prison for a term not exceeding 2 months.
[7/2014]
(7)  An officer of the Board authorised in that behalf by the Board may, at any time before the date specified in the notice under subsection (1), cancel the notice.
[19O
[7/2014]
Informal Consolidation | Amended Act 28 of 2022
Notice to attend court
34.—(1)  Where an inspecting officer has reasonable grounds to believe that a person has committed an offence under this Act or any regulations made under this Act, he or she may, in lieu of applying to a court for a summons under the Criminal Procedure Code 2010, immediately serve upon that person a prescribed notice, requiring that person to attend at the court described, at the time and on the date specified, in the notice.
[7/2014]
(2)  A duplicate of the notice must be prepared by the inspecting officer and, if so required by the court, produced to the court.
[7/2014]
(3)  The notice may be served on the person alleged to have committed the offence in the same manner as the service of a summons under section 116 of the Criminal Procedure Code 2010.
[7/2014]
(4)  Upon an accused person appearing before a court pursuant to the notice, the court is to take cognizance of the alleged offence and is to proceed as though he or she were produced before the court pursuant to a summons issued under section 153 of the Criminal Procedure Code 2010.
[7/2014]
(5)  If a person upon whom a notice has been served under subsection (1) fails to appear before a court in person or by counsel in accordance therewith, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person unless, in the case of an offence which may be compounded, that person has before that date been permitted to compound the offence.
[7/2014]
(6)  Upon a person arrested pursuant to a warrant issued under subsection (5) being produced before a court, the court is to proceed as though the person were produced before it pursuant to a summons issued under section 153 of the Criminal Procedure Code 2010.
[Act 31 of 2022 wef 01/11/2022]
(7)  An officer of the Board authorised in that behalf by the Board may, at any time before the date specified in the notice under subsection (1), cancel the notice.
[19O
[7/2014]
(8)  This section applies only to offences under Part 3A.
[Act 28 of 2022 wef 01/04/2023]