National Retirement Scheme Act · 2024 Revised Edition · Part · Offences, Penalties and Proceedings
35. Penalty for offences not otherwise provided for
Official textFrom Attorney General's Chambers, unchanged
Any person who contravenes any provision of this Act or any regulations made thereunder is guilty of an offence and if no penalty is expressly provided in this Act or the regulations made thereunder shall on conviction be liable to a fine not exceeding $3,000, and in the case of a subsequent offence, to a fine not exceeding $10,000 and the court before which the conviction is had shall, in addition to the fine, order him to pay the amount of any contribution 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 in accordance with the law for the time being in force relating to the recovery of fines.
Board
“Board” means the Tabung Amanah Pekerja Board established by section 3 of the Tabung Amanah Pekerja Board Act;
Where an employer fails to comply with any order made under subsection (1), the court shall, on application by the Board —
employer
“employer” means the person with whom an employee has entered into a contract of service or apprenticeship and includes — (a) any person, company, association or body of persons, whether or not statutory or incorporated by whom an employee is employed; (b) the owners of any vessel on which an employee is employed; (c) any manager, agent or person responsible for the payment of wages to an employee on behalf of an employer; (d) any foreign mission in Brunei Darussalam; (e) the Government in respect of such categories, classes or descriptions of officers or employees of the Government as the Minister may, with the consent of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, declare to be employees for the purposes of this Act: Provided that no such officer or employee employed by or on behalf of the Government shall be personally liable for anything done or omitted to be done by him as an officer or employee of the Government in good faith;
issue a warrant for the levy of the amount by distress and sale of any property belonging to the employer; or
direct that in default of payment of the fine, the employer shall suffer imprisonment for a certain term.
Terms defined in s 2
Board
Defined · s 2“Board” means the Tabung Amanah Pekerja Board established by section 3 of the Tabung Amanah Pekerja Board Act;
employer
Defined · s 2“employer” means the person with whom an employee has entered into a contract of service or apprenticeship and includes — (a) any person, company, association or body of persons, whether or not statutory or incorporated by whom an employee is employed; (b) the owners of any vessel on which an employee is employed; (c) any manager, agent or person responsible for the payment of wages to an employee on behalf of an employer; (d) any foreign mission in Brunei Darussalam; (e) the Government in respect of such categories, classes or descriptions of officers or employees of the Government as the Minister may, with the consent of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, declare to be employees for the purposes of this Act: Provided that no such officer or employee employed by or on behalf of the Government shall be personally liable for anything done or omitted to be done by him as an officer or employee of the Government in good faith;
Part