
PART 1: THE
CONSOLIDATED ACT ON SOCIAL INSURANCE
CHAPTER
XIII
PENALTIES
Article
148
An
employer or his accredited representative who fails to comply with
any of the provisions of this Law, or of any executive measures
in force for its implementation or of Ministerial Orders issued
in pursuance thereof shall be guilty of an offence punishable by
a fine of BD. 100 to BD. 500; and if he has been convicted previously
for a violation of this Law such fine shall be increased by up to
a double such limits for a subsequent offence.
The
fine shall be multiplied by the number of workers in respect of
whom the employer commits one or more offences provided that the
aggregate amount of the fines imposed shall not exceed two thousand
dinars.
Where
the offence continues to exist for a period exceeding thirty days
with effect from the date of drawing up an official report of such
offence, such fine may be increased provided that it shall not exceed
an amount of five times thereof and the Court shall, in all cases,
rule of its own that the offender shall pay to the General Organisation
all amounts due to it.
Article
149
Without
prejudice to a more severe penalty imposed by any other law, any
person who by deliberate act furnishes incorrect particulars for
the purpose of obtaining for himself or for another any compensation,
pension or other benefits to which he is not entitled under the
provisions of this Law shall, upon conviction, be liable to be sentenced
to a period of imprisonment not exceeding one month and to be a
fine not exceeding BD. 100 or to any one of these two penalties.
Where the offender has been convicted previously for furnishing
incorrect information for a similar purpose, the said penalties
shall be doubled.
In
addition to the fine referred to in the two preceding paragraphs,
the offender shall be ordered to pay to the General Organisation
as civil damages twice the amounts so paid to him and which are
not due to him legally by the said Organisation on the basis of
the relevant incorrect particulars.
Article
150
No stay of execution
shall be granted in respect of the financial penalties. The minimum
penalty prescribed by law shall not be diminished by reason of extenuating
or discretional circumstances.
Article
151
All
fines imposed by judicial process in compliance with the provisions
of this Law shall accrue to the General Organisation which shall
use the monies so received in the manner to be prescribed by an
Order made by the Minister for Labour and Social Affairs, with the
approval of the Board of Directors.
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