Section 39

Wrongful conversion and false accounts

ActIn forceProvision 39 of 47

(1)

Any licensee who —

(a)

fraudulently converts to his own use or to the use of any other person —

(i)

any money or part thereof received by him on behalf of any person in respect of any transaction in his capacity as a travel agent; or

(ii)

any money or part thereof so received which are held by him in trust pending the completion of any transaction;

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(b)

fraudulently omits to account for, deliver or pay —

(i)

any such money or part thereof so received by him on behalf of any person to such person; or

(ii)

any such money or part thereof so received by him which are or were held by him in trust as aforesaid pending the completion of the transaction to the person or persons entitled to such money; or

(c)

fraudulently renders an account knowing such account to be false in any material particular of —

(i)

any such money or part thereof so received by him on behalf of any person;

(ii)

any money so received by him which is or was held by him in trust pending the completion of any transaction or any part of such money; or

(iii)

expenses, commission or other charges incidental to any transaction or proposed or contemplated transaction as a travel agent, is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 3 years.

(2)

Nothing in this section shall be construed to limit or in any way affect the provisions of any other written law.

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