Section 39. General provisions as to offences. (INSURANCE ACT, 1963

(P.M. ACT 1 OF 1963)
INSURANCE ACT, 1963

PART IV - MISCELLANEOUS AND GENERAL
Administration and enforcement

Section 39. General provisions as to offences.

(1) Any person who-

(a)

Signs any document lodge with the commissioner under sub-section (6) of section 20, or under section 22 or 23, or under paragraph

(a)

of sub-section (1) of sectioo 34; or

(b)

furnishes the commissioner with any information under or for the purposes of any other provision of this Act;

shall use due care to secure that the document or information is not false in any material particular; and if he does not use due care in this behalf and the document or information is false in a material particular, he shall, on conviction, be liable to a fine of five thousand dollars, or to imprisonment for a term of six months, or to both such fine and such imprisonment.

(2) Any person who is guilty of any breach of a duty imposed on him by or by virtue of this Act as being or having been an insurer or an insurance agent or broker shall, in a case where no other punishment is provided for by this Act or by the regulations, be liable on conviction to a fine of five hundred dollars and to a daily fine of fifty dollars.

(3) Where an offence under this Act or any regulations made thereunder is committed by any company or body corporate, any person who at the time of the commission of the offence is a director, manager, secretary or other similar officer of that company or body, or is purporting to act in that capacity, shall be guilty of the offence unless he proves that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

(4) Where an offence under this Act is committed by a company or body corporate, being an offence consisting in the breach of a duty imposed only on companies and bodies corporate, any individual guilty of the offence (whether by virtue of sub-section (3) or otherwise) shall on conviction be liable to imprisonment for a term of six months in addition to or in substitution for any fine.

(5) For the purpose of any proceedings under paragraph (a) of sub-section (1) a document purporting to be signed by any person shall be presumed to have been signed by him, unless the contrary is proved.