Friendly Societies Act, 1956 (Act No. 25 of 1956)Chapter VII : General and Miscellaneous48. Penalties |
(1) Any person who —
| (a) | contravenes or fails to comply with the provisions of subsection (1) of section forty-six; or |
| (b) | fails to make a return or transmit or deposit a scheme, report, account, statement or other document when required to do so in terms of this Act; or |
| (c) | invests assets otherwise than in accordance with the provisions of this Act or contravenes any condition on which he has been exempted from the provisions of section twenty; or |
| (d) | contravenes the provisions of section nineteen; or |
| (e) | fails or refuses to furnish information, or produce documents or accounts, or render other assistance to the Authority when called upon to do so in terms of this Act; or |
| (f) | after the expiration of a period of six months from the commencement of this Act, induces or attempts to induce any person to become a member of, or to contribute to a society not registered under this Act; or |
| (g) | contravenes the provisions of section 12 or 42, or fails to comply with a directive in terms of section 43A or exceeds a limit imposed in terms of that section, |
[Section 48(1)(g) substituted by section 31 of Act No. 101 of 1976]
shall be guilty of an offence, and liable on conviction —
| (i) | in the case of an offence referred to in paragraph (a), to a fine not exceeding R50; |
[Section 48(1)(g)(i) substituted by section 6 of Act No. 44 of 1988]
| (ii) | in the case of an offence referred to in paragraph (b) or (c), to a fine not exceeding R100; |
[Section 48(1)(g)(ii) substituted by section 6 of Act No. 44 of 1988]
| (iii) | in the case of an offence referred to in paragraph (d), (e) or (f), to a fine not exceeding R200; and |
[Section 48(1)(g)(iii) substituted by section 6 of Act No. 44 of 1988]
| (iv) | in the case of an offence referred to in paragraph (g) to a fine not exceeding R2 000, or, if the offender is an individual, to imprisonment for a period not exceeding 12 months, or to both such fine and such imprisonment. |
[Section 48(1)(g)(iv) substituted by section 6 of Act No. 44 of 1988]
| (2) | Without derogation from the provisions of subsection (1), a person who has failed to make a return or to maintain, transmit or deposit a scheme, report, account, statement or other document within the time prescribed by or under this Act, may thereafter furnish such return or transmit or deposit such scheme, report, account, statement or other document subject to the payment of a penalty prescribed by regulation. |
[Section 48(2) substituted by section 6 of Act No. 44 of 1988]
| (3) | Any penalty prescribed under subsection (2) may vary according to the period which has elapsed since the last day on which the return, scheme, report, account, statement or other document in question was required to be made, transmitted or deposited. |
| (4) | For the purpose of subsection (2) the Authority shall make a decision as to the time within which a return, scheme, report, account, statement or other document referred to in that subsection was required to be furnished, transmitted or deposited. |
[Section 48(4) substituted by section 10 of Act No. 88 of 1996]
| (5) | Any penalty payable under subsection (2) shall be a debt due to the Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the Authority by action in any competent court. |
[Section 48(5) substituted by section 5 of Act No. 7 of 1993]