Common Offenses and Penalties Under the NAPSA Act
Any person who commits the following shall be guilty of an offence.
(a) evades paying for any contribution by him or some other person and makes
any false statement or representation;
(b) fails to register within the period specified in or under this Act when required
(c) when required by or under this Act to furnish any information, without lawful
excuse, fails to disclose that information or furnishes information which is
(d) fails to pay to the Scheme within the period specified any contribution which
he is liable to pay under this Act;
(e) obstructs any inspector, officer or servant of the Scheme in the discharge of
(f) fails without lawful excuse to produce documents which he has been
required under this Act to produce;
(g) by duress obtains the consent of employees to any course of action
provided for under subsection (6) of section thirteen;
(h) deducts from a member’s wages any amount by way of the member’s share
which is in excess of the amount due to be deducted under this Act; or
(i) contravenes any other provision of this Act;
Liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months or to both.
Notwithstanding the provisions above, the court before which any person is convicted of an offence under this Act may, without prejudice to any civil remedy, order that person to pay to the Scheme the amount of any contributions. Together with any interest or penalty, certified to be due from that person to the Scheme at the date of conviction; and such amount shall be recovered in the same manner as a fine and shall be paid into the Scheme for the credit, where applicable, of the accounts of the members concerned.
Any person who contravenes any provision not provided for under this Act shall be guilty of an offence.
Liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three years or to both.