Cap. 601 Art. 45Measures against infringement.

(1) Payment or benefit may be withheld, by the

Accountant General, where the Accountant General has been informed of, or has otherwise reason to consider certain, the commission of any infringement.

(2) The Director of Contracts is authorised to demand that payments or benefits are withheld where there is reason to consider that an infringement has occurred.

(3) Any bond, guarantee or security which has been provided by any person under any contract or legal obligation, the execution or discharge of which has been prevented or threatened by such infringement, may be withheld where the Accountant General or the Head of the Contracting Authority have been informed of, or have otherwise reason to consider certain, the commission of any infringement.

(4) Save as otherwise specifically provided by any other law or contract, the Accountant General shall proceed to recover any sum or amount which has been paid to, or else has become or remained due from, any person resulting from an infringement.

(5) For the recovery of any loss or deficiency, any such person as mentioned in this article, shall draw on any bond, guarantee or security which has been provided by any person under any contract or legal obligation the execution or discharge of which has been prevented or threatened by such infringement.

(6) For the recovery of any loss or deficiency, the Accountant General may proceed against any other person who, although duty bound to ensure against the infringement, has not acted in good faith, failed to take reasonable precautions and to exercise due diligence to avoid the commission of such infringement.