Section 28A
Joint and several liability on directors etc. [S 12/2024]
of Supplemental Contributory Pensions Trust Act
(1)
Where any contribution remaining unpaid by a body corporate, partnership, association or body of persons, then, notwithstanding anything to the contrary in this Act or any other written law, the directors or former directors of such body corporate, or the partners or former partners of such partnership, or the members of such association or body of persons or the office bearers of such association or body of persons, as the case may be, during such period in which contributions were liable to be paid, shall together with the body corporate, partnership, association or body of persons liable to pay contributions, be jointly and severally liable for the contributions due and payable to the Trust.
Supplemental Contributory
Pensions Trust
B.L.R.O. 1/2026 27
(2)
In this section, “contributions” includes any dividend, service charge and penalty on any contribution charged by the Board under this Act or any regulations or rules made thereunder.
Penalty for offences not otherwise provided for 29.
(1)
Any person convicted of an offence under this Act for which no penalty is provided is liable to a fine not exceeding $3,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000.
(2)
The court before which the conviction is had shall in addition to the fine order him to pay the amount of any contributions together with any dividend 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 and the amount may be recovered according to the law relating to the recovery of fines.
Consent of Public Prosecutor to prosecutions 30.
A prosecution under this Act or any regulations or rules made thereunder shall not be instituted except by or with the consent of the
Public Prosecutor.
Compounding of offences 31.
The Board may compound any offence punishable under this Act or any regulations or rules made thereunder as may be prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed that offence a sum of money as the Minister thinks fit towards such compound, being a sum not exceeding the amount of the maximum fine to which that person would have been liable if he had been convicted of the offence.
Saving for criminal proceedings 32.
The provisions of this Act or of any regulations or rules made thereunder shall be without prejudice to any other proceedings under any other written law.
Certificate of authorised officer to be evidence 33.
In any legal proceedings a copy of an entry in the accounts of the
Trust duly certified under the hand of any officer authorised by the Board as
Supplemental Contributory
Pensions Trust 28
is prescribed by the Board shall be prima facie evidence of such entry having been made and of the truth of the contents thereof.
Conduct of prosecutions 34.
Proceedings in respect of any offence under the provisions of this Act or of any regulation or rule made thereunder may be conducted by an officer authorised in writing in that behalf by the Chairman of the Board.