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← Employees Provident Fund Act 1991

Employees Provident Fund Act 1991 s 38

Employees Provident Fund Act 1991 s 38

Some sections could not be extracted from the official PDF, so this text may be incomplete.

s 38 Powers of chief executive officer to ask for information and application for search warrant

(1) For the purpose of obtaining full information for ascertaining whether any person is liable to pay contributions under this Act, the chief executive officer may by notice in writing require any person— (a) to furnish the chief executive officer within a time specified in the notice not being less than thirty days from the date of such notice any information or particulars specified in the notice; (b) to attend personally before the chief executive officer or any officer appointed by him and produce for examination all books, accounts, records and other documents which the chief executive officer or officer deems necessary; or (c) to furnish the information or particulars in accordance with paragraph (a) and also to attend in accordance with paragraph (b). (2) Any person who fails to comply with subsection (1) shall be guilty of an offence. (2A) Where a person is found guilty of an offence under subsection (2), the Court before which the person is found guilty shall order such person to comply with the notice of the chief executive officer under subsection (1) within twenty-one days from the date of the order of the Court. (3) Whenever it appears to any magistrate, upon written information on oath, and after any enquiry he may think necessary, that there are reasonable grounds for suspecting that there are on particular premises any book, account, record or other document the production of which has been required pursuant to subsection (1) and which has not been produced in compliance with that requirement, such magistrate may issue a warrant authorizing the chief executive officer or any person named therein with or without assistance— (a) to search the premises and to break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in the premises; and (b) to take possession of, or secure against interference, any book, account, record or other document that appear to be book, account, record or other document the production of which was so required.

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

Find Act 452 on lom.agc.gov.my ↗

Text as at 1 January 2006 (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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