s 5 Appointment of inspectors
5.—(1) The Board may appoint such number of inspectors as it may consider necessary for carrying this Act into effect. (2) The Commissioner for Labour and any Deputy Commissioner for Labour, Principal Assistant Commissioner for Labour, Assistant Commissioner for Labour or inspecting officer appointed under the Employment Act 1968 may exercise all or any of the powers of an inspector.[24/2013] (3) For the purposes of this Act, an inspector may at any reasonable time —(a) enter and search any premises or place where the inspector has reasonable cause to believe that a person is employed or that evidence of the commission of a relevant offence can be found;[Act 30 of 2024 wef 15/12/2024] (ab) require any person found in the premises or place to answer any question (to the best of that person’s knowledge, information and belief) and provide any document or information, about any matter relevant for the purposes of this Act;[Act 30 of 2024 wef 15/12/2024] (b) examine, either alone or in the presence of any other person with respect to any matter under this Act or which the inspector may reasonably require information about, any person whom the inspector has reasonable cause to believe to be or to have been an employee or an employer, and require every such person to be examined and for the purposes of the examination may summon any such person to attend at the place and time specified in the summons; (c) put questions concerning employees or their employment to their employer or to any person who may be in charge of them, or to any of the employees themselves, or to any other person whom the inspector may consider it desirable to question, and the employer or employee or person is legally bound to answer the questions truthfully to the best of that person’s ability; (d) require any employer to produce before the inspector all or any of the employees employed by the employer together with any contract of service, book of account of wages, register and other document concerning the employees or their employment and to answer such questions relating thereto as the inspector may think proper to ask; (e) require any employer to produce for inspection by the inspector the audited statements of accounts of the employer’s undertaking and other records relating to the accounts and to answer such questions relating thereto as the inspector may think proper to ask; and (f) require —(i) any document or record containing information concerning employees or their employment to be provided by their employers, by any person who may be in charge of the employees, by the employees themselves or by any other person from whom the inspector may consider it desirable to require such document or record to be provided; and[Act 30 of 2024 wef 15/12/2024] (ii) the employers, employees or person referred to in sub‑paragraph (i) to answer such questions as the inspector may think proper to ask relating to such document or record.[24/2013] [Act 30 of 2024 wef 15/12/2024] (3A) In addition to the powers conferred on him or her under subsection (3), an inspector who has reasonable cause to believe that a relevant offence has been committed may by written notice require any person to —(a) provide information within the knowledge of that person; (b) provide any document in the possession, custody or control of that person; or (c) attend at any place to answer any question, which the inspector considers to be relevant to the investigation of the relevant offence, at any reasonable time and place specified in the notice. [Act 30 of 2024 wef 15/12/2024] (3AA) A person required to provide any document or information or to answer any question under subsection (3) or (3A) must provide the document or information or answer the question (as the case may be) and state truly the facts and circumstances with which that person is acquainted concerning the matter under investigation.[Act 30 of 2024 wef 15/12/2024] (3B) An inspector may inspect, make a copy of or take extracts from any document provided or produced under subsection (3) or (3A), and take possession of the document if, in the inspector’s opinion —(a) the copying of the document cannot be reasonably done unless possession is taken; (b) the document may be tampered with unless possession is taken; or (c) the document may be required as evidence in any proceedings for a relevant offence or in any proceedings for the recovery of moneys due to the Fund.[Act 30 of 2024 wef 15/12/2024] (4) Where a document required by an inspector is kept in electronic form —(a) the power of an inspector in relation to any document under subsection (3) or (3A) includes the power to require a copy of that document to be made available for inspection in legible form; and (b) subsection (3B) applies to any copy so made available.[Act 30 of 2024 wef 15/12/2024] (4A) In relation to compliance with section 8A —(a) subsection (3) applies, with the necessary modifications, to a platform operator that is required under section 8A to contribute to the Fund as it applies to an employer; (b) a reference to wages in subsection (3) is to be construed, with the necessary modifications, as a reference to platform remuneration payable to a platform worker of a platform operator; and (c) a reference to an employee in subsection (3) is to be construed, with the necessary modifications, as a reference to a platform worker of a platform operator and a reference to employment is to be construed as engagement by the platform operator.[Act 30 of 2024 wef 15/12/2024] (4B) In relation to compliance with section 9A —(a) subsection (3) applies, with the necessary modifications, to a self-employed person who is required under section 9A to contribute to the Fund as it applies to an employer; and (b) a reference to wages in subsection (3) is to be construed as a reference to income of that self-employed person.[Act 30 of 2024 wef 15/12/2024] (4C) Any copy of or extract from a document made under this section and certified as such by the inspector is admissible as evidence in any proceedings under this Act.[Act 30 of 2024 wef 15/12/2024] (5) If any person —(a) wilfully delays an inspector or any of the officers referred to in subsection (2) in the exercise of any power under this section; (b) fails to comply with the requisition of an inspector or any such officer under this section or to provide or produce any document which the person is required by or under this section to produce;[Act 30 of 2024 wef 15/12/2024] (c) contravenes subsection (3AA) or wilfully withholds any information which that person is required by this section to provide to an inspector or such officer; or[Act 30 of 2024 wef 15/12/2024] (d) conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an inspector or such officer, that person is deemed to obstruct an inspector or that officer in the execution of his or her duties under this Act. [24/2013] (6) Any person who obstructs an inspector or any of the officers referred to in subsection (2) shall be guilty of an offence. (7) In this section —“document” —(a) means any document (including any record, contract, register, book of accounts or statements of accounts mentioned in subsection (3)(d), (e) or (f)) in any medium; and (b) includes such a document containing information in digital or electronic form; “relevant offence” means —(a) an offence under section 7(3) or (5) or 58(1)(b) or (e) committed by an employer; (b) an offence under section 8A(3) or (5) or 58(1)(b) or (e) committed by a platform operator; (c) an offence under section 60 committed by any director, manager, secretary or other officer of an employer or a platform operator that committed an offence mentioned in paragraph (a) or (b), as the case may be; (d) an offence under section 58(1)(d) or (e) committed by a self-employed person; (e) an offence under section 58(1)(a) or (c) committed by any person; and (f) any other offence under this Act prescribed by regulations made under section 77(1) to be a relevant offence.[Act 30 of 2024 wef 15/12/2024]