(1) The Commissioner may, by notice published in the Gazette, require every employer or every employer belonging to any class or description of employers specified in the notice to furnish him with such particulars of his business relating to employment, in such manner and within such reasonable period of time as may be specified in the notice.

            (2) Without prejudice to the exercise of the powers conferred on him by subsection (1), the Commissioner may, by notice in writing served on an employer, require him to furnish the Commissioner, either periodically or otherwise, with written returns and statistics as to the number of employees employed by him in any particular employment, their basic pay or wages and the conditions generally affecting such employment, in such manner and within such period of time as may be specified in the notice.

            (3) Where the shut-down of an undertaking or business is anticipated, the employer shall, not less than 30 days immediately before the date of the anticipated shut-down, furnish the nearest labour officer and the Commissioner in writing with that date:

            Provided that the Commissioner may, by order published in the Gazette, exempt any employer or every employer belonging to any class or description of employers specified in the order from the operation of this subsection.

            (4) The Commissioner shall keep at his principal office registers in which he shall enter or cause to be entered all information furnished him under or in accordance with this section and shall ensure that the same are maintained in such a manner as to facilitate the administration and enforcement of every written law in respect of which the Commissioner or any labour officer has any administrative or enforcement function.

            (5) Any employer who fails to comply with this section or with a requirement made of him under this section or, in compliance or purported compliance with this section or with such a requirement, furnishes any information which he knows to be false or does not believe to be true shall be guilty of an offence and liable to the penalties prescribed by section 151(b).

10.     Institution and undertaking of proceedings in connection with Act

            (1) Where the Attorney-General is satisfied that any labour officer is suitably qualified therefor, he may in writing authorize that labour officer to institute and undertake proceedings in any magistrate's court-

     (a)     in respect of any contravention of this Act; and

     (b)     on behalf of any employee or former employee in respect of any civil claim arising under this Act.

            (2) The powers of a duly authorized labour officer to institute and undertake proceedings in respect of any contravention of this Act shall be exercised in accordance with the Attorney-General's general or special instructions.

            (3) Where a duly authorized labour officer institutes proceedings in respect of any civil claim arising under this Act, he may, instead of appearing and conducting the case in person, appear and conduct the case by a person having a right of audience.

11.     Functions of officers

            (1) The provisions of this section shall be in addition to and not in derogation from any other powers or duties conferred or imposed on any person by this Act.

            (2) For the purpose of satisfying himself that the provisions of this Act are being duly observed the provisions of subsections (3) and (4) shall have effect.

            (3) The Commissioner or any labour officer may at any reasonable time-

     (a)     enter, inspect and examine any land, building, camp, vehicle, place, structure or article whatsoever where or about which any employee is housed or employed or there is reason to believe any employee is housed or employed;

     (b)     enter, inspect and examine any hospital or dispensary or any latrines or other sanitary arrangements used or intended to be used by employees in any place or building or any water supply available for the use of employees and enquire and ascertain whether in any hospital, dispensary or place of employment suitable medicines and remedies are provided for employees;

     (c)     inspect and examine kitchens and places in which food provided for employees is stored, prepared or eaten and inspect and examine all such food;

     (d)     take and remove, for the purposes of analysis, samples of any material or substances available or provided for the use of or handled by employees; so, however, that any sample taken under this paragraph shall be taken in duplicate in the presence of the employer or a person acting on his behalf and shall be labelled and sealed in the presence of the employer or that person and one sample so labelled and sealed shall be left with him;

     (e)     require any employer forthwith to produce any employee employed by him or any documents or records relating to such an employee; and

     (f)      question, either alone or in the presence of witnesses, as he thinks fit, any employer or employee or any other person whose evidence he has reasonable cause to consider necessary regarding matters connected with carrying out any of the provisions of this Act:

            Provided that, on the occasion of any such visit of inspection, the Commissioner or a labour officer, as the case may be-

      (i)     shall notify the employer or his representative of his presence unless he believes, on reasonable ground, that such notification might be prejudicial to the performance of his duties;

      (ii)     shall not offer any advice directed towards securing compliance with the provisions of this Act if in any case he considers it necessary himself first to obtain relevant professional advice from the appropriate Government department; and

     (iii)     shall not enter or inspect any dwelling-house without the consent of the occupier thereof.

            (4) The Commissioner or any labour officer may-

     (a)     by notice in writing served on an employer, require the employer to meet him, at such reasonable time and at such reasonably situated public office as shall be specified in the notice, in order to discuss any matter for which provision is made by this Act, which matter shall also be specified in the notice:

                      Provided that-

           (i)       no requirement shall be made under this paragraph unless at least two written requests for such a meeting transmitted to the employer by the Commissioner or labour officer, as the case may be, have failed, for whatever reason, to result in such a meeting; and

          (ii)       no employer shall be compelled to comply with a requirement made under this paragraph if he satisfies the Commissioner or a labour officer, as the case may be, in writing that his attendance at such a meeting would cause significant economic harm to his business, enterprise or concern and he indicates, at the same time, what steps have been or are proposed to be taken to ensure compliance with this Act in respect of the matter in question and those steps are acceptable to the Commissioner or a labour officer, as the case may be;

     (b)     at all reasonable times, require any recruiter or person engaged in recruitment or seeking to recruit any person to produce any recruited person or any document relating to the engagement or recruitment of such a person;

     (c)     at all reasonable times demand of any recruiter or person engaged in recruitment or seeking to recruit any person the production of any licence or permit issued under this Act; and

     (d)     copy or make extracts from any documents or records in the possession of an employer relating to any employee in connection with the provisions of this Act.

            (5) The Commissioner or any labour officer may-

     (a)     require all rooms, stores, places and premises in any camp or building used by or on behalf of any employer or recruiter to be kept clean and in a sanitary condition;

     (b)     require the employer or recruiter, as the case may be, at the earliest reasonable opportunity and at the employer's or recruiter's expense, to return to the place of his recruitment or send to hospital any person who, in the opinion of the Commissioner or a labour officer, as the case may be, or of a medical officer, is ill and for whom the conditions prevailing at any place of employment or engagement are not conducive to the recovery of his health and strength;

     (c)     require the employer or recruiter, as the case may be, at the earliest reasonable opportunity and at the employer's or recruiter's expense, to return to the place of his recruitment, following the recovery of his health and strength, any person sent to hospital by the employer or recruiter in compliance with a requirement made by the Commissioner or a labour officer under paragraph (b); and

     (d)     if, in the opinion of the Commissioner or a labour officer, as the case may be, any land, building, camp, vehicle, place, structure or article whatsoever where or about which any employee is employed or which is provided for occupation or use by any employee or other person is insanitary or in such a condition as to be dangerous to health or unfit for occupation or use by the employee or other person, in writing direct the person for the time being responsible for the management of the same to discontinue such occupation or use from a date to be specified in the direction until such requirements of repair or reconstruction or otherwise specified in the direction have been fulfilled and until the same has been certified by the Commissioner or a labour officer to be fit for further occupation or use.

            (6) The Commissioner may prohibit the engagement of further employees to be employed at any place of employment where he is satisfied that the conditions therein do not comply with this Act or the regulations concerning the care and welfare of employees.

            (7) It shall be the duty of the Commissioner and of every labour officer, when and as often as he considers it necessary or expedient to do so, to furnish technical information and advice to any employer or employee regarding the most effective means of complying with this Act.

            (8) It shall be the duty of every labour officer to bring to the notice of the Commissioner any abuses which do not appear to him to be covered by this Act and any other defects or omissions therein.

            (9) Where the Commissioner or any labour officer gives any direction under subsection (5)(d) or the Commissioner makes any prohibition under subsection (6), the person to whom the direction or prohibition is addressed may, if he is of the opinion that the terms of the direction or prohibition are harsh or unreasonable or that the requirements of the direction cannot be fulfilled within a reasonable time, after giving notice thereof to the Commissioner or to the labour officer concerned, as the case may be, appeal to the Minister who shall confirm, rescind or vary the terms of the direction or prohibition; any direction or prohibition so appealed from shall remain in abeyance until the appeal is determined by the Minister:

            Provided that, where the Commissioner is of the opinion that for the direction or prohibition so to remain in abeyance would or might result in imminent danger to human health or safety, he may direct that the direction or prohibition shall not remain in abeyance pending the Minister's determination.

            (10) Every appeal under subsection (9) shall be in writing and shall be delivered to the Minister not later than 21 days immediately after the day on which the direction or prohibition appealed from was communicated to the employer or other responsible person and the Minister shall determine the appeal as soon as is reasonably practicable.

            (11) Regulations may prescribe the procedure for hearing appeals under subsection (9).

12.     Offence to delay or obstruct, etc.

            Any person who wilfully delays or obstructs the Commissioner or any labour officer in the exercise of any power or the performance of any duty conferred or imposed by this Part or who fails to comply with any direction, requirement, demand or prohibition of the Commissioner or of a labour officer given or made under this Part or who conceals in order to prevent or otherwise prevents any person from appearing before or being questioned by the Commissioner or a labour officer or who attempts so to conceal or otherwise prevent any person shall be guilty of an offence and liable to the penalties prescribed by section 151(b).

13.     Obligations of officers

            (1) Subject to such exceptions as may be prescribed for the purposes of this subsection-

     (a)     neither the Commissioner nor any labour officer shall have under his immediate supervision in pursuance of this Act any undertaking in which he has any direct or indirect interest or reveal the source of any complaint bringing to his notice a defect in or breach of the law or give any intimation to an employer or his representative that a visit of inspection was made in consequence of such a complaint; and

     (b)     any person who, in the exercise of his powers or the performance of his duties under this Act, acquires information relating to the financial affairs, secret processes, plant or equipment of any other person shall not disclose such information to any other person except-

           (i)       for the purpose of legal proceedings under this Act;

          (ii)       to a court of law or to a person invested by law with the power to compel disclosure of such information; or

          (iii)       to the Minister or any other person acting in the execution of this Act, but only in so far as such information is necessary for the execution thereof.

            (2) Any person who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(c).