No. 4/2018 Punuc ENnTIEs CoRPORATE GovERNANCE Cap. 10:31 confitming such recovery or affinning that the entity is actively taking the specified legal steps to efJect such recovery. (3) If any chairperson, accounting officer chief executive officer(a) provides the Secretary to the Treasury with false information in a declaration referred to in subparagraph (2), knowing it to be false or having no reasonable grounds for believing it to be tnte; or (b) without just cause, fails or refuses to submit a declaration referred to in subparagraph (2) within the time there specified; he or she shall be guilty of an ofTence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprismm1ent. Appeals against surcharge 6. (1) /wy person who or public entity that is dissatisfied with a surcharge raised against him, her or it by the Secretary to the Treasury may, within a period of one month after he, she or it has been notified thereof or such fmther period as the appropriate line ~viinister in special circumstances may allow, appeal in writing to the line Minister against such surcharge, giving his, her or its reasons as to why he, she or it feels that he, she or it should not have been surcharged. (2) An appeal in terms of subparagraph (1) shall be lodged with the appropriate line Minister who, before forwarding it to the Minister responsible for the Public Finance Management Act, shall submit it to the Secretary to the Treasury for any comments he or she may wish to make thereon. (3) After considering an appeal in terms of subparagraph (1) the Minister responsible for the Public Finance ~Aanagement Act shall(a) reject the appeal; or (b) make an order directing that the person concerned be released wholly or in part from the surcharge; as may appear to him or her to be just and reasonable. Recovery of surcharge 7. (1) A surcharge raised by the Secretary to the Treasury which has not been withdrawn or from which the person or the public entity concerned has not been released in terms of tlli.s Schedule shall be a debt due to the State. (2) The amount of any surcharge which has been recovered shall be paid to the Consolidated Revenue Fund or the account in respect of which the surcharge was raised. 166