Employment and Industrial Relations Act (Cap. 452), article 43

43. (1) The Minister shall appoint such officers of the department responsible for empl oyment and industrial relations or other persons acting on behalf of the Director as the Minister may think fit to be inspectors fo r the purposes of this Act. (2) Inspectors so appointed as a foresaid shall be empowered - (a) to enter freely and without previous notice at all reasonable times any premises or place liable to inspection under this Act; (b) to carry out in any such premises or place any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the EMPLOYMENT AND INDUSTRIAL RELATIONS [ CAP. 452. 33 provisions of this Act or of any regulations or orders thereunder as well as any recognised conditions of employment are being obse rved, and in particular - (i) to interrogate, alone or in the presence of witnesses, the employer or the employees on any of the said matters; (ii) to require the production of any books, registers or other documents the keeping of which is prescribed by this Act or by any order issued under this Act and to copy such documents or make extracts therefrom. (3) On the occasion of an inspec tion visit, an inspector shall notify the employer or his repres entative of his presence, unle ss he considers that such a notification may be prejudicial to the performance of his duties. (4) The premises and places lia ble to inspection under this Act are any premises or places in respect of which any provisions o f this Act or of any regulation or order thereunder or any recogn ised conditions of employment apply or any premises or places in respect of which an inspector has reasonable cause to believe t hat this Act or any regulations or or ders thereunder or any recogni sed conditions of employment apply. (5) Such inspectors - (a) shall be prohibited from having any direct or indirect interest in any premises or places which may be subject to inspection by them; (b) shall not reveal at any time even after ceasing to be inspectors any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties; (c) shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or a breach of the provisions of this Act or of any regulations or orders thereunder or of any recognised conditions of employment; and (d) shall not in any case give intimation to the employer or his representative that a visit of inspection was made as a consequence of the recei pt of such a complaint. (6) Every inspector shall be furnished with a certificate of his appointment and on applying for admission to any premises or place for the purpose of this Act, shall, if so required, produ ce the said certificate. (7) Any inspector who acts in contravention of the provisions of sub-article (5), shall, in addition to any other punishment to which he may be liable, be also liable to dismissal ipso facto from his employment with the Government. (8) A person shall not - (a) omit to answer or answer falsely or cause any other 34 CAP. 452.] EMPLOYMENT AND INDUSTRIAL RELATIONS person not to answer or to answer falsely to any question which an inspector i s authorised to ask under this Act; or (b) fail to produce any books, registers or other documents which, pursuant to sub-article (2)( b)(ii), he is required by an inspector to produce; or (c) directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do; or (d) obstruct in any manner an inspector in the performance of his duties under this Act: Provided that no person shall be required under paragraph (a) to answer any question which may incriminate him. Criminal proceedings.