Section 4
Appointment of inspectors
of National Retirement Scheme Act
(1)
The Board may, with the consent of His Majesty the Sultan and
Yang Di-Pertuan, appoint such number of inspectors as it may consider necessary for carrying this Act into effect.
(2)
In the course of an inspection, an inspector may at any reasonable time —
(a)
enter any premises or place where he has reasonable cause to believe that a person is employed therein;
(b)
examine, either alone or in the presence of any other person with respect to any matter under this Act or which he may reasonably require information, any person whom he has reasonable cause to believe to be or to have been an employee or an employer, and require every such person to be examined, and for the purposes of such examination may summon any such person to attend at the place and time specified in such summons;
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(c)
put questions concerning employees to their employers or to any person who may be in charge of them, or to the employees themselves, or to any other person whom he may consider desirable to question and the employers or employees or other person shall be legally bound to answer the questions truthfully to the best of his ability;
(d)
require any employer to produce before him all or any of the employees employed by him together with any contract of service, book of account of salary, register and other document concerning employees of their employment and to answer such questions relating thereto as he may think proper to ask;
(e)
require any employer to produce for his inspection the audited statements of accounts of his undertaking and other records relating to the accounts and to answer such questions relating thereto as he may think proper to ask; and
(f)
make copies of any book, document or other records required to be produced under paragraph (d) or (e) and take possession of such book, document or records when in his opinion —
(i)
the copying thereof cannot reasonably be performed without taking possession;
(ii)
the book, document or records may be tampered with unless possession is taken; or
(iii)
the book, document or records may be required as evidence in any proceedings for an offence under this
Act or in any proceedings for the recovery of any money due to the Scheme.
(3)
If any person —
(a)
wilfully delays an inspector in the exercise of any power under this section;
(b)
fails to —
(i)
comply with the requisition of an inspector in pursuance of this section; or
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(ii)
produce any record, certificate, notice or document which he is required by or in pursuance of this section to produce; or
(c)
wilfully —
(i)
withholds any information as to who are the employees of any employer or as to who is the employer of any employee; or
(ii)
conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an inspector, that person is deemed to obstruct an inspector in the execution of his duties under this Act.
(4)
Any person who obstructs an inspector is guilty of an offence.