Section 61: Power to make enquiries

61. Power to make enquiries (1) The Permanent Secretary may— (a) enter without previous notice, at any hour of the day or night, any place of work, other than premises used solely for residential purposes except with the permission of the occupier thereof; (b) enter by day and without previous notice any premises which he has reasonable cause to believe to be a place of work other than premises used solely for residential purposes except with the permission of the occupier thereof; (c) carry out any examination or enquiry which he may consider necessary in order to satisfy himself that this Act or any other enactment relating to labour or employment is being strictly observed; (d) interview alone or in the presence of such other person as he thinks fit, and at such place he deems appropriate, the employer or his representative and any person employed in the enterprise, regarding the application of this Act or any other enactment relating to labour or employment, and any such person shall answer such questions truly to the best of his ability provided that no such person shall be required to give any information tending to incriminate himself; (e) require the production of any books, records or other documents, whether prescribed by law or kept by the employer, relating to terms and conditions of employment, in order to ascertain whether this Act or any other enactment relating to labour or employment is being complied with, and copy such documents or make extracts therefrom; (f) enforce the posting of such notices as may be required by this Act or any other enactment relating to labour or employment; (g) require an employer to submit in writing any information relating to remuneration, and terms and conditions of employment, of a worker, as well as the worker’s name, address, date of birth, date of commencing employment and category; (h) require an employer or his representative to furnish the facilities and assistance required for entry, inspection, examination or enquiry in the exercise of any of the powers conferred under this Act or any other enactment relating to labour or employment. (2) The Permanent Secretary shall, on the occasion of an inspection visit, notify the employer or the employer’s representative of his presence, unless neither of them is present or easily accessible at that time, or he considers that such notification may be prejudicial to the performance of his duties. (3) The Permanent Secretary may request the assistance of a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duties. [Issue 5] E9B – 42 (2) Revised Laws of Mauritius (4) No person shall— (a) wilfully impede or delay the Permanent Secretary in the exercise of any power under this Act or any other enactment relating to labour or employment; (b) fail to comply with a requirement or request or to answer a question of the Permanent Secretary under subsection (1); (c) conceal or prevent any person from appearing before or being examined by the Permanent Secretary or any officer delegated by him, or attempt to do so.