OFFENCES, PENALTIES AND PROCEEDINGS
58. If any person —
for any purpose connected with this Act —
knowingly makes any false statement; or
produces or furnishes or causes or knowingly allows to be produced or furnished any document which he knows to be false in a material particular;
fails to pay to the Fund within such period as may be prescribed any amount which he is liable under this Act to pay in respect of or on behalf of any employee in any month;
obstructs any officer or employee of the Board in the discharge of his functions as such;
fails to comply with any regulations or rules made under this Act; or
fails to pay to the Board within such period as may be prescribed any amount which he is liable to pay under the provisions of this Act,
he shall be guilty of an offence.
—(1) Any person employed by the Board who, without lawful authority, publishes or communicates to any person, otherwise than in the ordinary course of his duty or employment, any information acquired by him in the course of his duty or employment shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) The Board may, on an application by a prospective employer who is considering whether or not to employ any person as an employee, give to the prospective employer the following particulars of that person:
the name of his employer or, if he has been in the employment of more than one employer, the names of all his employers during the past 3 years; and
the period for which contributions were paid into the Fund for that person by each of his employers.
(3) A prospective employer who wishes to obtain any of the particulars referred to in subsection (2) shall apply to the Board in such form as the Board may determine and shall pay the prescribed fee.
(4) The Board may require an applicant under subsection (3) to furnish proof that he is considering whether to employ the person in respect of whom the application is made.
(5) No refund shall be made of any fee paid under subsection (3).
60. Where an offence under this Act has been committed by a body corporate and is found to have been committed with the consent or connivance of or to be attributable to any act or default on the part of any director, manager, secretary or other officer of the body corporate, that director, manager, secretary or other officer as well as the body corporate shall be guilty of an offence.
61. Any person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding $2,500 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.
61A. Notwithstanding the provisions of any written law to the contrary, a District Court or a Magistrate’s Court shall have the jurisdiction to impose the maximum penalty prescribed for an offence under this Act.
—(1) The court before which any conviction under section 7(3) or 61 is had may in addition to the fine prescribed in those sections order the person convicted to pay the amount of any contributions together with any interest due thereon certified by an officer appointed by the Board in that behalf to be due from that person at the date of the conviction.
(2) The court may order that the amount ordered to be paid under subsection (1) be recoverable —
according to the law for the time being in force relating to the recovery of fines; or
upon the application by the Board, in like manner as a judgment of a civil court for the payment of money.
(3) Where the court orders that the amount ordered to be paid under subsection (1) to be recoverable in the manner mentioned in subsection (2)(b), the court shall certify the amount to be paid and the Board may recover the amount so certified in any civil court of competent jurisdiction as though the amount were a judgment debt due to the Board.
—(1) Where an officer of the Board has reasonable ground for believing that a person has committed an offence under this Act, he may, in lieu of applying to a court for a summons, serve upon that person a prescribed notice, requiring that person to attend at the court, at the hour and on the date specified in the notice.
(2) A duplicate of the notice shall be prepared by the officer of the Board and, if so required by the court, produced to the court.
(3) The notice may be served on the person alleged to have committed the offence in the manner provided in section 62A(1).
(4) On an accused person appearing before a court in pursuance of such a notice, the court shall take cognizance of the offence alleged and shall proceed as though he were produced before the court in pursuance of section 136 of the Criminal Procedure Code (Cap. 68).
(5) If a person, upon whom such a notice has been served, 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 that person has before that date been permitted to compound the offence.
(6) Upon a person arrested in pursuance of a warrant issued under subsection (5) being produced before a court, the court shall —
at the conclusion of the proceedings, call upon him to show cause why he should not be punished for failing to attend in compliance with the notice served upon him and if cause is not shown may order him to pay such fine not exceeding $2,000 as the court thinks fit or may commit him to prison for a term not exceeding 2 months.
(7) An officer authorised in that behalf by the Board may, at any time before the date specified in the notice, cancel the notice.
(8) The Board may prescribe such form of notice as it may think fit for the purposes of this section.
—(1) Every notice to attend court issued under section 62, and every summons issued by a court, against any person in connection with any offence under this Act may be served on the person —
by delivering it to the person or to some adult member of his family at his last known place of residence;
by leaving it at or sending it by registered post to his usual or last known place of residence or business in an envelope addressed to the person;
where the person is a body of persons or a company —
by delivering it to the secretary or other like officer of the body of persons or company at its registered office or principal place of business; or
by sending it by registered post addressed to the body of persons or company at its registered office or principal place of business.
(2) Any notice to attend court, or summons, sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person to whom the letter is at the time when the letter would, in the ordinary course of post, be delivered and, in proving service of the summons, it shall be sufficient to prove that the envelope containing the summons was properly addressed, stamped and posted by registered post.
—(1) The Board or any person authorised by the Board in writing may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $500.
[32/86; 27/92; 30/98]
(2) The Board may make rules to prescribe the offences which may be compounded.
(3) All sums collected under this section shall be paid to the Board.
64. The provisions of this Act shall be without prejudice to any other proceedings under any other written law.
65. Any sum due to the Fund may be sued for and recovered by the Board under the Government Proceedings Act (Cap. 121) as if it were a debt due to the Government.
66. In any legal proceedings, a copy of an entry in the accounts of the Fund duly certified under the hand of such officer of the Board as is prescribed by the Board shall be prima facie evidence of the entry having been made and of the truth of the contents thereof.
66A. In any proceedings relating to the recovery or non-payment of contributions under section 7, a certificate purporting to be issued by the Board certifying the amount of the contributions and interest due thereon and payable by an employer or other person shall be prima facie evidence that the amount of contributions and interest so stated is due and payable by the employer or other person so named in the certificate as at the date of the certificate.
67. Proceedings in respect of any offence under the provisions of this Act may be conducted by any officer authorised in writing in that behalf by the Chairman of the Board.