CAP. 59]
Factories and Industrial Undertakings
[1985 Ed.
743953-
Inquiry by chief factory inspector in case of accident.
Power of Commissioner or deputy commissioner to hold formal inquiry.
condition or direction contained in such order the proprietor of the industrial undertaking in respect of which the order is made shall be guilty of an offence and shall be liable to a fine of $50,000 and to imprisonment for 6 months. (Amended, 57 of 1980, s. 3)
(Added, 19 of 1963, s. 3)
12
11A. (1) Whenever an accident whether or not involving injury to any person occurs in an industrial undertaking, the Commissioner for Labour, if he is of the opinion that an inquiry into the cause and circumstances of the accident should be held, shall direct the chief factory inspector to hold such inquiry.
(2) An inquiry by the chief factory inspector shall be held informally in the first instance in such manner as the chief factory inspector may think fit and the chief factory inspector shall record his findings in writing and submit the record to the Commissioner for Labour.
(3) Where the chief factory inspector is of the opinion that an inquiry by him under this section is likely to be frustrated or delayed owing to the unwillingness of any person to provide any information relating to the accident or to produce books or records for inspection or to answer any question, or for any other cause, the chief factory inspector shall submit a statement in writing to the Commissioner for Labour to that effect.
(Added, 37 of 1983, s. 6)
11B. (1) Where a statement is submitted to the Commissioner for Labour under section 11A(3) in respect of any accident, the Commissioner for Labour or a deputy commissioner for labour may hold an inquiry into the cause and circumstances of the accident.
(2) The Commissioner for Labour or a deputy commissioner for labour, for the purposes of holding an inquiry-
(a) shall have all the powers of a magistrate to summon witnesses, to call for the production of books and documents and examine witnesses and other persons concerned on oath; and
(b) may, on application made to him in that behalf, hold the inquiry otherwise than in public to such extent as he considers necessary for the purpose of hearing evidence, the giving of which is in his opinion likely to disclose information relating to a trade secret.
(3) Any person summoned to attend before an inquiry held under this section or to produce books or documents as evidence in the inquiry who fails to do so, or who refuses to answer any question put to him by or with the concurrence of the person holding the inquiry, shall be guilty of an offence and be liable to a fine of $10,000 and to imprisonment for 3 months:
Provided that no person shall be bound to incriminate himself, and every witness shall, in respect of any evidence given by him at
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Page 16
14
CAP. 59]
Factories and Industrial Undertakings
[1985 Ed.
743953-
Inquiry by chief factory inspector in case of accident.
Power of Commissioner or deputy
commissioner to hold formal inquiry.
condition or direction contained in such order the proprietor of the industrial undertaking in respect of which the order is made shall be guilty of an offence and shall be liable to a fine of $50,000 and to imprisonment for 6 months. (Amended, 57 of 1980, s. 3)
( Added, 19 of 1963, s. 3)
12
11A. (1) Whenever an accident whether or not involving injury to any person occurs in an industrial undertaking, the Commissioner for Labour, if he is of the opinion that an inquiry into the cause and circumstances of the accident should be held, shall direct the chief factory inspector to hold such inquiry.
(2) An inquiry by the chief factory inspector shall be held informally in the first instance in such manner as the chief factory inspector may think fit and the chief factory inspector shall record his findings in writing and submit the record to the Commissioner for Labour.
(3) Where the chief factory inspector is of the opinion that an inquiry by him under this section is likely to be frustrated or delayed owing to the unwillingness of any person to provide any information relating to the accident or to produce books or records for inspec- tion or to answer any question, or for any other cause, the chief factory inspector shall submit a statement in writing to the Commis- sioner for Labour to that effect.
( Added, 37 of 1983, s. 6)
11B. (1) Where a statement is submitted to the Commissioner for Labour under section 11A(3) in respect of any accident, the Commissioner for Labour or a deputy commissioner for labour may hold an inquiry into the cause and circumstances of the accident.
(2) The Commissioner for Labour or a deputy commissioner for labour, for the purposes of holding an inquiry-
(a) shall have all the powers of a magistrate to summon witnesses, to call for the production of books and docu- ments and examine witnesses and other persons concerned on oath; and
(b) may, on application made to him in that behalf, hold the inquiry otherwise than in public to such extent as he considers necessary for the purpose of hearing evidence. the giving of which is in his opinion likely to disclose information relating to a trade secret.
(3) Any person summoned to attend before an inquiry held under this section or to produce books or documents as evidence in the inquiry who fails to do so, or who refuses to answer any question put to him by or with the concurrence of the person holding the inquiry, shall be guilty of an offence and be liable to a fine of $10,000 and to imprisonment for 3 months:
Provided that no person shall be bound to incriminate himself, and every witness shall, in respect of any evidence given by him at
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