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← Employment Act 1955

Employment Act 1955 s 67

Employment Act 1955 s 67

Sections 34–36, 45–56 and 95–96 were repealed by later amendments.

s 67 Powers of inspecting officers

In the course of an inspection under this Part— (a) the Director General may examine orally any person whom he believes to be acquainted with the facts and circumstances of any matter within the provisions of this Act; (b) the person so examined shall be legally bound to answer truthfully all questions put to him; (c) the Director General examining a person under paragraph (a) shall first inform that person of the provisions of paragraph (b); (d) a statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish; and (e) any statement made and recorded under this section shall be admissible as evidence in any proceedings in Court. (2) Notwithstanding subsection (1), a person examined under that subsection may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture. (3) The Director General, in addition to the powers conferred on him under subsection (1), may— (a) require the employer to produce before him all or any of the employees employed by him together with any contracts of service, books of account of wages, registers and other documents relating to the employees or their employment and to answer such questions in respect of the employees or their employment as he may think fit to ask; (b) copy or make extracts from the contracts of service, books of account of wages, registers and other documents relating to the employees or their employment; (c) take possession of the contracts of service, books of account of wages, registers and other documents relating to the employees or their employment where, in his opinion— (i) the inspection, copying or the making of extracts from the contracts of service, books of account of wages, registers or other documents cannot reasonably be undertaken without taking possession of them; (ii) the contracts of service, books of account of wages, registers or other documents may be interfered with or destroyed unless he takes possession of them; or (iii) the contracts of service, books of account of wages, registers or other documents may be needed as evidence in any legal proceedings under this Act. (4) Notwithstanding paragraph (3)(a), no employee shall be required to leave or to cease from performing any work on which he is engaged if his absence or cessation from such work would endanger life or property or seriously disrupt any operation being carried on by his employer.

Read this section in the full act → · Open Part XIV →

Find Act 265 on lom.agc.gov.my ↗

Text as at 1 August 2023 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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