Social Security Act (Cap. 318)
Social Security Act (Cap. 318), article 113
113. (1) An inspector appointed under the foregoing article
shall, for the purposes of the execution of this Act, have the power
to do all or any of the fo llowing things, namely:
(a) to enter without previous not ice at all reasonable times
any premises or place where he has reasonable
grounds for supposing that there are persons who are
in insurable employment or self-occupied;
(b) to make such examination and inquiry as may be
expedient for ascertaining whether the provisions of
this Act are being or have been complied with in any
such premises or place, or for investigating the
circumstances in which any injury or disease which
has given rise to a claim for benefit, pension,
allowance or assistance, was or may have been
received or contracted;
(c) to examine, either alone or in the presence of any other
person, as he thinks fit, with respect to any matters
under this Act on which he may reasonably require
information, any person whom he finds in any such
premises or place, or whom he has reasonable cause to
believe to be or to have been an employed person or a
self-occupied person, and to require every such person
to be so examined;
(d) to exercise such other powers as may be necessary for
carrying this Act into effect.
(2) Where any premises or place is under the control of a
government department, the Director may make special
arrangements with that departmen t regarding inspections as to m eet
the circumstan ces of the case.
(3) The occupier of any such premises or place, and any other
person who is or has been employing any person, and the servant s
and agents of any such occupier or other person, and any employ ed
person shall furnish to an inspector all such information and s hall
produce for inspection all such documents as the inspector may
reasonably require.
(4) If any person -
(a) wilfully delays or obstructs an inspector in the
exercise of any power under this article; or
(b) refuses or neglects to answer any question or to furnish
any information or to produce any document when
required to do so under this article; or
(c) conceals or tries to conceal any person or prevents or
tries to prevent any person from appearing before or
SOCIAL SECURITY [CAP. 318. 113
being examined by an inspector,
shall on conviction, without prejudice to any higher punishment to
which he may be liable under any other law, be liable to a fine
(multa ) o f n o t l e s s t h a n t w o h u n d r e d a n d t h i r t y - t w o e u r o a n d
ninety-four cents (232.94).
(5) Every inspector shall be furnished with a certificate of his
appointment signed by the Director and in carrying out any of h is
functions under this Act shall, i f so required, produce the sai d
certificate.
(6) An inspector shall not have any direct o r indirect interest in
any undertaking which may be subject to inspection by him; shal l
not reveal at any time, even after ceasing to be an inspector, any
manufacturing or commercial information or working processes
which come to his knowledge in the course of his duties; shall not
divulge the source of any compla int bringing to his notice a de fault
under, or a breach of, the provisions of this Act; and shall no t in
any case inform the employer or t he self-employed or self-occup ied
person concerned or their representatives that a visit of inspe ction
was made as a conseque nce of the receipt of such a complaint.
Cap. 9.
(7) Any inspector who contravenes the provisions of the
foregoing sub-article shall, in addition to the punishment to w hich
he may be liable under article 133 of the Criminal Code , be also
liable to dismissal ipso facto from his employment with
Government.
Social Security
Account.
Amended by:
XVI. 1989.21;
XVI. 1990.45.
Re-numbered by:
XXIV . 1993.2.
Amended by:
XXI.1996.54;
XVI. 1997.8.
Cap. 601.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.