(2 ) If any person, on examination on oath authorized under this Act, or in any affidavit or deposition in or about any matter arising under this Act, wilfully and corruptly gives false evidence he shall be guilty of an offence and liable to the a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [Section as amended by Act No. 22 of 2001] 342 Penalty for improper use of word “Limited” or “Co-operative” (1 ) Any person who trades or carries on business under the name or title — (a ) of which “Limited”, or any contraction or imitation of that word, is the last word; and (b ) which is not registered in terms of this Act as the name of that person; shall be guilty of an offence and liable to a default fine not exceeding level one. (2 ) Any person who trades or carries on business under the name or title — (a ) of which “Co-operative”, or any contraction or imitation of that word, forms a part; and (b ) which is not registered in terms of this Act as the name of that person; shall be guilty of an offence and liable to a default fine not exceeding level one [Section as amended by Act No. 22 of 2001] 343 False statements by directors and others (1 ) Every officer or auditor of a company or foreign company or any other person employed generally or e ngaged for some special work or service by the company or foreign company who makes, circulates or publishes or concurs in making, circulating or publishing any certificate, written statement, report or account in relation to any property or affair of the company or foreign company which is false in any material particular, shall, subject to subsection (2), be guilty of an offence and liable to a fine not exceeding level eleven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (2 ) In any prosecution under subsection (1) it shall be a defence if it is proved that the person charged had, after reasonable investigation, reasonable ground to believe and did believe that the statement, report or account was true and that there was no omission to state any material fact necessary to make the statement as set out not misleading. [Section as amended by Act No. 22 of 2001 ] 344 Power to restrain fraudulent persons from managing companies (1 ) Where— (a ) a person is convicted before the High Court of any offence in connection with the prom otion, formation or management of a company; or (b ) in the course of the winding up or judicial management of a company it appears that a person— (i) has been guilty of any offence for which he is liable, whether he has been convicted or not, under section three hundred and eighteen; or (ii) has otherwise been guilty, while an officer of the company, of any fraud in relation to the company or of any breach of his duty to the company; the court may make an order that that person shall not, without the leave of the court, be a director of or in any way, whether directly or indirectly, be concerned or take part in the management of any company or any foreign company for such period as may be specified in the order. (2 ) A person intending to apply for the making of an order under this section shall give not less than ten days’ no tice of his intention to the person against whom the order is sought and on the hearing of the application the last-mentioned person may appear and himself give evidence or call witnesses. (3 ) An application for the making of an order under this section may be made b y the Master or by the liquidator or judicial manager of the company or by any person who is or has been a member or creditor of the company; and on the hearing of any application for an order under this section by the Master or the liquidator or judicial manager or of any application for leave under this section by a person against whom an order has been made on the application of the Master or the liquidator or judicial manager, the Master or liquidator or judicial manager, as the case may be, may appear and call the attention of the court to any matters which seem to him to be relevant and shall do so if summoned by the court and may himself give evidence and call witnesses. (4 ) An order may be made by virtue of subparagraph (ii) of paragraph (b) of subsection (1) notwithstanding that the person concerned may be criminally liable in respect of the matters on the ground of which the order is to be made and for the purposes of the said subparagraph (ii) the expression “officer” shall include any person in accordance with whose directions or instructions the directors of the company have been accustomed to act. (5 ) If any person contravenes an order made under this section, he shall, be liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [Section as amended by Act No. 22 of 2001] 345 Penalty for falsification of books Any person who conceals, destroys, mutilates, falsifies or makes or is privy to the making of any false entry in or, with intent to defraud or deceive, makes or is privy to the making of any erasure in any register, book, includ-