Page:Children Development Co-Savings Act 2001.pdf/16

16 Failure of employer to pay female employee

17.—(1) Any employer who fails to pay his female employee in accordance with or acts in contravention of any provision of Part III or sections 77 to 86 of the Employment Act (Cap. 91) as made applicable by section 12 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

(2) Where an employer has been convicted of an offence under subsection (1), the court may order that employer to make restitution of any moneys paid out to that employer by the Government under section 10 which has not been paid to the female employee in accordance with the provisions of Part III.

Holding out as approved person

18.—(1) Where any person holds himself or itself out to be an approved person when the person is not an approved person, such person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) Where the person referred to in subsection (1) is a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
 * (a) any director, manager, secretary or other similar officer of the body; or
 * (b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence under subsection (1) and liable to be proceeded against and punished accordingly.

(3) Where the person referred to in subsection (1) is a partnership, every partner, other than a partner who is proved to have been ignorant of or attempted to prevent the commission of the offence, shall be guilty of the offence under subsection (1) and liable to be proceeded against and punished accordingly.