Malaysia legislation
Section 27
of WORKERS' MINIMUM STANDARDS OF HOUSING AND AMENITIES ACT 1990
Section 27
Power of Director General, etc. to inspect, investigate and to issue summons
(a)
to enter and inspect any place of employment or any building which he believes is used by an employer for the housing of his employees or as a nursery or as a community hall;
(b)
to enter and inspect any estate hospital, group estate hospital and clinic where employees are provided with medical attendance, care and treatment; and
(c)
to make such inquiry or investigation as he considers necessary in relation to any matter within the provisions of this Act.
Employees’ Minimum Standards of Housing,
Accommodations and Amenities 33
(2)
In the course of an inspection under this Act, the Director
General, Medical Officer of Health or District Engineer may—
(a)
put questions relating to matters covered under the provisions of this Act, either in private or in the presence of witnesses, as they may choose, to the owner or occupier of the place of employment, or his representative, to the employer of any employee employed thereat or his representative, to any person in charge of the employees, to the employees themselves and to any other person whose evidence he may consider necessary; and all such persons shall be legally bound to answer such questions truthfully to the best of their ability;
(b)
require the employer to produce before him all or any of the employees employed by him together with any records, registers and documents relating to matters covered under the provisions of this Act including any contract of service, book of account of wages, register and any other document relating to such employees or their employment and to answer such questions in respect thereof as he may think fit to ask;
(c)
copy or make extracts from such record, contract of service, book of account of wages, register and any other document referred to in paragraph (b);
(d)
take possession of such record, contract of service, book of account of wages, register and any other document where in his opinion—
(i)
the inspection, copying or the making of extracts from such record, contract of service, book of account of wages, register or any other document cannot reasonably be undertaken without taking possession of them;
(ii)
they may be interfered with or destroyed unless he takes possession of them; or
(iii)
they may be needed as evidence in any legal proceedings under this Act; and
(e)
take samples of water supplies for examination and analysis.
34
Act 446
(3)
As respects the power to inspect, inquire and investigate aforesaid, the Director General may by summons in the prescribed form require any person, whom he has reason to believe to be able to give any information relevant to the matter in question, to give such information, and any person so summoned shall be bound to attend before the Director General and to answer truthfully any question put to him by the Director General relating to the said matter.
(4)
Sections 82 and 83 of the Employment Act 1955 shall apply to the service of a summons issued under this section as they apply to a summons issued under Part XV of the said Act.
Institution of prosecution