Section 24
of Housing Development Control And Licensing Enactment 1978
Section 24
Where any offence against any provision of this Enactment has been committed by a housing developer, any person who at the time of the commission of the offence was a director, manager or secretary or holds any similar office or position or was an agent, clerk or servant of the housing developer shall be deemed to be guilty of that offence, unless he
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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 and shall on conviction be liable to imprisonment for a term which shall not be less than twelve months but which shall not exceed three years and shall also be liable to a fine not exceeding fifty thousand ringgit.
(2)
Any person liable under this Enactment to any punishment or penalty for any act or omission shall be liable to the same punishment or penalty for any such act or omission by
—
(a)
his partner;
(b)
his agent acting on his behalf;
(c)
his clerk or servant acting in the course of his employment; or
(d)
the clerk or servant of his partner or agent acting in the course of employment in circumstances that had the act or omission been committed by the partner or agent the aforesaid person would have been liable under this subsection:
Provided that nothing herein shall relieve the partner, agent, clerk, or servant or the clerk or servant of that partner or agent from liability to prosecution.
Prosecution.