Recovery of contribution on prosecution

(1) An employer who fails or neglects to pay within the prescribed time any contribution which he is liable under this Act to pay is guilty of an offence and is liable on summary conviction to a fine of not less than five hundred dollars. (2) At the trial of any person for an offence under sub- section (1), the Chief Executive Officer may, after notice in writing given to the person charged at least one week in advance of the date of trial, lead evidence of other contributions due from him under this Act within the three years immediately preceding the date of such notice and upon the conviction of the person charged the magistrate shall order that person to pay the total sum proved to be due from him along with interest at ten per centum per annum from the date when each sum fell due under this Act. (3) Where any person is charged with an offence under sub- section (1) and a probation order is made under the Probation of Offenders Act, sub-sections (1) and (2), shall apply as if the making of the probation order were a conviction. CAP. 120. 50 (4) Any sum ordered to be paid to the Fund under this section shall be recoverable as a penalty through a court of summary jurisdiction. (5) Any sum paid by an employer under this section shall be treated as a payment in satisfaction of the unpaid contributions and any part of such sums which represents an employee’s contribution shall not be recoverable by the employer from such (6) If any employer being a body corporate fails to pay to the Fund any sum which the employer has been ordered to pay under this section such sum or part thereof as remains unpaid shall be a debt due to the Fund jointly and severally from any director of the body corporate who knew or could reasonably be expected to have known of the failure to pay the contribution in (7) Nothing in this section shall be construed as preventing the Board from recovering any sums due to the Fund by means of civil proceedings.