Section 19A — AKTA BIDAN 1966

(2)

An authorized officer shall have the power to do at any reasonable time any of the following things, that is to say:

(a)

to investigate the commission of any offence under this Act or any regulations made thereunder;

(b)

to investigate charges of malpractices, negligence or misconduct on the part of any midwives practising in any area and to submit a written report of such investigations to the Board;

(c)

to enter, search and examine any premises in which such officer has reasonable ground to believe that an offence under this Act or any regulations made thereunder has been or is being committed and to inspect, remove and detain any substance, book, document, equipment, instrument, material or any other article found therein which in the opinion of such officer may furnish evidence of the commission of an offence under this Act or any regulations made thereunder.

(3)

In exercising any of the powers under this section, the authorized officer shall on demand produce to the person against whom he is acting the authorization given to him by the Director

General.

(4)

An authorized officer making an investigation under subsection (2) may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

20 Laws of Malaysia ACT 436

(5)

Such person shall be bound to answer all questions relating to the case put to him by such officer:

Provided that such person may refuse to answer any question if such officer fails or refuses on demand to produce to him the authorization given by the Director General to the officer under subsection (1) and that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty.

(6)

A person making a statement under this section shall be legally bound to state the truth whether or not such statement is made wholly or partly in answer to questions.

(7)

An authorized officer examining a person under subsection (4)

shall first inform that person of the provisions of subsections (5)

and (6).

(8)

A statement made by any person under this section shall, whenever possible, be reduced into writing and, after it has been read to the person in the language in which he made it and he has been given an opportunity to make any corrections he may wish, shall be signed by him or affixed with his thumbprint.

(9)

Any owner, occupier or person in charge of any premises entered by an authorized officer pursuant to paragraph (2)(c), or any person found therein, who does not give to the authorized officer all reasonable assistance in his power or furnish him with all information as he may reasonably require, shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(10)

Any person who obstructs or impedes any authorized officer in the exercise of his power under this section shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(11)

Any authorized officer may appear in court and conduct any prosecution in respect of any offence against this Act.

Midwives 21

Regulations