National Retirement Scheme Act · 2024 Revised Edition · Part · Preliminary
4. Appointment of inspectors
Official textFrom Attorney General's Chambers, unchanged
The Board may, with the consent of His Majesty the Sultan and
Board
“Board” means the Tabung Amanah Pekerja Board established by section 3 of the Tabung Amanah Pekerja Board Act;
Yang Di-Pertuan, appoint such number of inspectors as it may consider necessary for carrying this Act into effect.
In the course of an inspection, an inspector may at any reasonable time —
enter any premises or place where he has reasonable cause to believe that a person is employed therein;
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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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;
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;
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
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 —
the copying thereof cannot reasonably be performed without taking possession;
the book, document or records may be tampered with unless possession is taken; or
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.
If any person —
wilfully delays an inspector in the exercise of any power under this section;
fails to —
comply with the requisition of an inspector in pursuance of this section; or
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produce any record, certificate, notice or document which he is required by or in pursuance of this section to produce; or
wilfully —
withholds any information as to who are the employees of any employer or as to who is the employer of any employee; or
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.
Any person who obstructs an inspector is guilty of an offence.
Terms defined in s 2
Board
Defined · s 2“Board” means the Tabung Amanah Pekerja Board established by section 3 of the Tabung Amanah Pekerja Board Act;
contract
Defined · s 2“contract” means any contract, whether written or oral and whether it is expressed or implied;
employee
Defined · s 2“employee” means any person below the minimum retirement age being — (a) a citizen of Brunei Darussalam; or (b) a permanent resident, who is employed under a contract of service or apprenticeship or other agreement to work for an employer and includes the Minister, Deputy Minister, Ambassador, High Commissioner, Consul-General, Consul or such other person as His Majesty the Sultan and Yang Di-Pertuan may, by order published in the Gazette, prescribe but does not include any person or class of persons — (i) specified in Schedule 1; or (ii) declared by the Minister, with the consent of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, not to be an employee for the purposes of this Act;
employer
Defined · s 2“employer” means the person with whom an employee has entered into a contract of service or apprenticeship and includes — (a) any person, company, association or body of persons, whether or not statutory or incorporated by whom an employee is employed; (b) the owners of any vessel on which an employee is employed; (c) any manager, agent or person responsible for the payment of wages to an employee on behalf of an employer; (d) any foreign mission in Brunei Darussalam; (e) the Government in respect of such categories, classes or descriptions of officers or employees of the Government as the Minister may, with the consent of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, declare to be employees for the purposes of this Act: Provided that no such officer or employee employed by or on behalf of the Government shall be personally liable for anything done or omitted to be done by him as an officer or employee of the Government in good faith;
Scheme
Defined · s 2“Scheme” means the National Retirement Scheme established and maintained under section 8;
Part 2
Part
Withdrawal of Contributions
Part
Contributions by Permanent Residents Holding Foreign Citizenship
Part
Administrator Nominees
Part
Offences, Penalties and Proceedings
Part