LABOUR ACT [Chapter 28:01] (as amended) enable a labour officer or designated agent to ascertain therefrom the required particulars. (3) Whenever any agreement, determination or regulation regulates the rates at which or the principles upon which payment shall be made by a principal or contractor to any person to whom any work is given out on contract by that principal or contractor, every such principal or contractor shall at all times keep records of payments made by him to any person to whom he has so given out work on contract and of such other particulars as may be prescribed, and every such person to whom work has so been given out on contract shall at all times keep records of payments received by him from any such principal or contractor in respect of such work and such other particulars as may be prescribed. (4) Every person who is or has been an employer or principal or contractor, as the case may be, shall retain the records referred to in subsections (1) and (3) for a period of three years and shall produce these records on demand made at any time during that period by— (a) a labour officer; or (b) a designated agent acting within the scope of his authority, in terms of subsection (3) of section sixty-three. (5) If an employer fails to keep or retain the records referred to in this section or falsifies any been upon or in any premises in which any person is being employed; and (c) may require from any person who is or has been upon or in any premises in which any person is being employed the production then and there, or at a time and place fixed by the labour officer, of all relevant books and documents which are or have been upon or in the premises or in the possession or custody or under the control of any employer by whom the premises are occupied or used, or of any employee of that employer; and (d) may at any time and at any place require from any person who has the possession or custody or control of any relevant book or document relating to the business of any person who is or was an employer, the production then and there, or at a time and place fixed by the labour officer, of that book or document; and (e) may examine and make extracts from and copies of all books and documents produced to or examined by him, and may require an explanation of any entries in any such books or documents; and (f) may seize any such books or documents as he believes on reasonable grounds may afford evidence of any offence under this Act. (2) Any employer in connection with whose business any premises are occupied or used, and every person employed by him, shall at all times furnish such facilities as are required by a labour officer for the purpose of exercising any of the powers conferred by subsection (1). (3) Where any work is given out on contract to any person by a principal or contractor who is himself an employer in or is engaged in the Re-issue such record, it shall be presumed for the purposes of this Act that every employee employed by him during the relevant period was engaged throughout that period for not less than the ordinary hours of work applicable to that employee in terms of any agreement, determination or regulation under this Act. (6) Where it is proved that any statement or entry contained in any record is false, the person required in terms of this section to keep that record shall be presumed, until the contrary is proved, wilfully to have falsified that record. (7) Any person who fails to comply with any of the provisions of this section applicable to him or who wilfully falsifies any record referred to in this section shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 126 Investigative powers of labour officers (1) A labour officer— (a) may without previous notice enter upon any premises in which any person is being employed; and (b) in respect of matters relating to wages, hours or conditions of work, may question, either apart from or in the presence of others, any person who is or has undertaking, industry, trade or occupation concerned, a labour officer may exercise in relation to that principal or contractor any or all of the powers conferred by subsection (1). (4) Any labour officer exercising a power or performing a duty conferred or imposed upon him by this section shall on demand produce the certificate furnished to him in terms of subsection (3) of section one hundred and twenty-one. (5) Any person who— (a) refuses or fails to answer any question which a labour officer in the exercise of his functions puts to him; or (b) makes a false statement— (i) in any representations to a labour officer; or (ii) when giving evidence to or before a labour officer investigating a case in terms of this Part: which he knows to be false in any material particular, or which he has no reason to believe to be true; or (c) refuses or fails to comply with any request made by a labour officer in the exercise of his functions; or (d) hinders a labour officer in the exercise of his functions; shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. - 46 - 1st May 2003-