Singapore legislation

Section 5

of Central Provident Fund Act 1953

Section 5

Appointment of inspectors

Amended by24/201324/201324/201324/201324/201337/201924/2013

(1)

The Board may appoint such number of inspectors as it may consider necessary for carrying this Act into effect.

(2)

The Commissioner for Labour and any Deputy Commissioner for Labour, Principal Assistant Commissioner for Labour, Assistant Commissioner for Labour or inspecting officer appointed under the Employment Act 1968 may exercise all or any of the powers of an inspector.

Amended by24/2013

(3)

In the course of an inspection, an inspector may at any reasonable time —

(a)

enter any premises or place where the inspector 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 the inspector may reasonably require information about, any person whom the inspector 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 the examination may summon any such person to attend at the place and time specified in the summons;

(c)

put questions concerning employees or their employment to their employer or to any person who may be in charge of them, or to any of the employees themselves, or to any other person whom the inspector may consider it desirable to question, and the employer or employee or person is legally bound to answer the questions truthfully to the best of that person’s ability;

(d)

require any employer to produce before the inspector all or any of the employees employed by the employer together with any contract of service, book of account of wages, register and other document concerning the employees or their employment and to answer such questions relating thereto as the inspector may think proper to ask;

(e)

require any employer to produce for inspection by the inspector the audited statements of accounts of the employer’s undertaking and other records relating to the accounts and to answer such questions relating thereto as the inspector may think proper to ask; and

(f)

require —

(i)

any document or record containing information concerning employees or their employment to be furnished by their employers, by any person who may be in charge of the employees, by the employees themselves or by any other person from whom the inspector may consider it desirable to require such document or record to be furnished; and

(ii)

the employers, employees or person referred to in sub‑paragraph (i) to answer such questions as the inspector may think proper to ask relating to such document or record.

Amended by24/2013

(3A)

In addition to the powers conferred on him or her by subsection (3), an inspector who has reasonable cause to believe that an offence under section 7(3) or (5) or 58(1)(b) has been committed by an employer, or that an offence under section 60 has thereby been committed by any director, manager, secretary or other officer of the employer, may by written notice require any person to furnish, within a reasonable period specified in the notice —

(a)

any information within the knowledge of that person; or

(b)

any document or record in the possession, custody or control of that person,which the inspector considers to be relevant to the investigation of that offence.

Amended by24/2013

(3B)

An inspector may inspect, make a copy of or take extracts from any book, register, document or record produced or furnished under subsection (3)(d), (e) or (f) or (3A), and take possession of the book, register, document or record, when in the inspector’s opinion —

(a)

the copying thereof cannot reasonably be performed unless possession is taken;

(b)

the book, register, document or record may be tampered with unless possession is taken; or

(c)

the book, register, document or record may be required as evidence in any proceedings for an offence under this Act or in any proceedings for the recovery of any moneys due to the Fund.

Amended by24/2013

(4)

Subsections (3), (3A) and (3B) apply, with the necessary modifications, to a self‑employed person who is required under section 9A to contribute to the Fund as it applies to an employer; and a reference to wages in subsection (3) is to be construed as a reference to income of that person.

Amended by24/201337/2019

(5)

If any person —

(a)

wilfully delays an inspector or any of the officers referred to in subsection (2) in the exercise of any power under this section;

(b)

fails to comply with the requisition of an inspector or any such officer under this section or to produce any record, certificate, notice or document which the person is required by or under this section to produce;

(c)

wilfully withholds any information as to who are the employees of any employer, or as to the employment or employer of any employee, which that person is required by this section to furnish to an inspector or such officer; or

(d)

conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an inspector or such officer,that person is deemed to obstruct an inspector or that officer in the execution of his or her duties under this Act.

Amended by24/2013

(6)

Any person who obstructs an inspector or any of the officers referred to in subsection (2) shall be guilty of an offence.

(7)

In this section —

Definition

“document” means a document in any medium and includes a document containing information in digital or electronic form;

Definition

“record” means a record in any medium and includes a record containing information in digital or electronic form.