68. Liability of body corporate, directors, etc

68.—

1. Notwithstanding any other penalty specified in this Act, where a body corporate commits an offence under this Act, the body corporate shall be liable to a fine not exceeding four percent of the annual gross worldwide turnover of that body corporate for the preceding year of assessment in accordance with the Income Tax Act.

2. In determining the quantum of any fine under subsection (1), a court shall take into account—

(a) the estimated economic cost to consumers, users of the services concerned and any other persons, of the contravention giving rise to the offence;

(b) the estimated economic benefit derived by the body corporate from the commission of the offence;

(c) the period for which the contravention continued;

(d) the number and severity of any other offences under this Act committed by the body corporate; and (e) any other factors which the court considers relevant.

3. Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, similar officer of the body corporate or any person who was purporting to act in any such capacity, that director, manager, secretary, similar officer or other person (as the case may be) shall be liable, as well as the body corporate to be proceeded against and punished accordingly

4. Where the affairs of a body corporate are managed by its members, subsection (3) shall apply in relation to the acts and defaults of a member in connection with that member’s functions of management as if the member were a director of the body corporate.