Manpower Training Act, 1981 (Act No. 56 of 1981)

Chapter 6 : General Provisions

50. Offences and penalties

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1)Any person who contravenes or fails to comply with -
a)any provision of a contract of apprenticeship registered or deemed to be registered in terms of section 16(3)(d) or 18(1)(c) or (3);
b)any directive issued or deemed to have been issued in terms of section 30, or any provision of a notice published or deemed to have been published in terms of section 39 or 47(1);
c)any provision contained in a certificate issued or deemed to have been issued in terms of section 47(3);
d)any condition of apprenticeship; or
e)the provisions of section 5(4)(a) or (b) , 5(7), 12B(7), 12C(2), 13(11), 15(1), (2) or (3), 16(2), 16(3)(a) or (c) , 18(2) or (4), 20(4), 22(1) or (5)(b) , 23(3), 31(4) or (11), 32(4), 33, 34 (4), 39(7), 40(1), 42, 44, 46(3) or 49,

shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

 

2)Any person who -
a)fails to comply with any conditions imposed in terms of section 22(3)(a), 31(2)(a) , 32(2) or 34(2), or with an order given in terms of section 19(1) or 23(2) (a) or (5), or with a direction referred to in section 4(1)(b) ;
b)in any manner furnishes or makes or causes to be furnished or made any return or statement for the purposes of or in connection with any application, request, appeal or proceedings in terms of this Act, or any return or statement in any other manner provided for in this Act, knowing such return or statement to be false in respect of any particular thereof;
c)makes any incorrect statement or entry in any record kept in terms of section 44, knowing it to be incorrect,

shall be guilty of an offence and liable on conviction to the penalties prescribed by subsection (1).

 

3)
a)Any person who contravenes the provisions of section 48(1), shall be guilty of an offence and liable on conviction to a fine not exceeding six hundred rand or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
b)Any person who fails to comply with any order under section 48(2)(a), shall be guilty of an offence and liable on conviction to a fine not exceeding twenty rand for every day on which the offence continues.

 

4)Any training board which or a member of any training board who contravenes or fails to comply with any provision of section 12B(9)(d), shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand, and the court shall order the training board so convicted to forthwith comply with the provision in question.

 

5)The provisions of section 57 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall not apply in respect of an offence referred to in subsection (3)(a) or in respect of an offence which consists of a failure to make any payment to any apprentice or trainee or of a failure to pay any levy imposed or deemed to have been imposed in terms of section 39.