Section 58
Offences by body corporate and by servants and agents
of Act 627
Where any offence against any provision of this Act has been committed by any body corporate or association of persons, any person who at the time of the commission of the offence was a director or officer of the body corporate or association of persons 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 association of persons, 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 clerk, servant or agent of his, or of the clerk or servant of such agent if such act, omission, neglect or default was committed by the principal’s clerk or servant in the course of his employment, or by the agent when acting on behalf of the principal, or by the clerk or servant of such agent in the course of his employment by such agent or otherwise on behalf of the agent.
50 Laws of Malaysia Act 627