Any person who— Offences and
(a) operates or takes part in the management of a penalies. registered care centre in any premises other than thepremisesspecified in thecertificate of registration of the registered care centre;
(b) operates or takes part in the management of a care centre which is operated in any name other than the name in which it is registered;
(c) in or in connection with any application under this Act makes any statement or furnishes any information, whether orally or in writing, which is, or which he knows or reasonably ought to know is, false in any material particular;
(d) obstructs the Director General or any authorised officer in the exercise of any of his powers under this Act;
(e) refuses to produce any record upon being so required under section 13 or 16, or refuses to answer any question put to him under section 13 or 16, or gives an answer which is, or which he knows or reasonably ought to know is, false in any material particular; or
(f) fails to comply with an order under section 15, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(I) Where any offence against any provision of this Offences by body Act or any regulations made under section 24 or any coporate condition imposed under section 7 has been committed and by by a body corporate, any person who at the time of the employees and agents. commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity, or was in any manner or to any extent responsible for the management of any of the affairs of such body
corporate, or was assisting in such management, shall be guilty of that offence unless he proves that the offence was committed without his consent or connivance and 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.
(2) Where any person (in this subsection referred to as "the principal") would be liable under this Act to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or • penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed by the principal's employee in the course of his employment, or by the agent when acting on behalf of the principal, or by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent. Presumption. •20. In any prosecution for any offence under this Act, if it is proved that any person did any act in connection with the organisation, operation, or management of a care centre, it shall be presumed, until the contrary is proved, that that person took part in the management of the care centre. Conduct of prosecution.
