Section 129
of Labour Act
Section 129
(1)
A summons issued by the Commissioner in accordance with section 6 may be served on any person by delivering or tendering to him a copy thereof signed by the Commissioner:
Provided that —
(a)
if the person to be summoned has an agent authorised to accept service of the summons on his behalf, service on such agent shall be sufficient;
(b)
if the person to be summoned cannot be found and has no agent authorised to accept service of the summons on his behalf, service on any adult male member (not being a servant) of the family of the person to be summoned who is residing with him shall be sufficient.
(2)
When such summons as aforesaid is addressed to a company it may be served —
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(a)
by leaving a copy thereof signed by the Commissioner, at the registered office, if any, of the company; or
(b)
by sending such copy by post in a letter addressed to the company at its principal office, whether such office is situated within
Brunei Darussalam or elsewhere; or
(c)
by delivering such copy to any director, secretary or other principal officer of the company.
(3)
When the serving officer delivers or tenders a copy of the summons to the person to be summoned or to any agent or other person to be summoned or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgement of service endorsed on the original summons.
(4)
If —
(a)
such person refuses or is unable to sign the acknowledgement; or
(b)
the serving officer cannot find the person to be summoned and there is no agent empowered to accept service of the summons on his behalf nor any other person on whom the service can be made, the serving officer shall affix a copy of the summons on the outdoor of the house in which the person to be summoned ordinarily resides and then return the original to the Commissioner with a return endorsed thereon or annexed thereto stating that he has so affixed the copy and the circumstances under which he did so.
(5)
The serving officer shall, in all cases in which the summons has been served under subsection (3) of this section endorse or annex, or cause to be endorsed or annexed, on or to the original summons a return stating the time when and the manner in which the summons was served.
(6)
When the summons is returned under subsection (4) of this section, the Commissioner shall, if the return under that subsection has not been verified by the affidavit of the serving officer, and may if it has been so verified, examine the serving officer on affirmation touching his proceedings and may make such further enquiry in the matter as he thinks fit and shall either declare that the summons has been duly served or order such service as he thinks fit.
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(7)
When the Commissioner is satisfied that there is reason to believe that the person to be summoned is keeping out of the way for the purpose of avoiding service or that for any other reason cannot be served in the ordinary way, the Commissioner may order the summons to be served by affixing a copy thereof in some conspicuous place or near the office of the
Commissioner and also upon some conspicuous part of the house, if any, in which the person to be summoned is known to have resided, or in such other manner as the Commissioner thinks fit.
(8)
The service substituted by order of the Commissioner shall be as effectual as if it had been made personally on the person to be summoned.
(9)
Whenever service is substituted by order of the Commissioner, the Commissioner shall fix such time for the appearance of the person to be summoned as the case may require.
(10)
Any order or notice in writing made or issued by the
Commissioner or the Health Officer in the exercise of powers conferred by this Act may be served as if the same were a summons, and the provisions of this section, other than subsection (9) of this section, shall apply to the service of any such order or notice.
Application of fines.