Punuc No. 4/2018 Et·rnnEs CoRPORATE GovERNANCE Cap.10:31 (3) In the general exercise of the line Minister's responsibility under subsection (2)(a), or upon a request made in writing to the head of the line :Ministry by the Unit to investigate a particular alleged instance of non-compliance that has come to the notice of the Unit (which request must be accomp.:1.nied hy any information at the disposal of the Unit that supports the request), the line Minister may(a) require the board or the chief executive officer of any public entity to supply the line Minister with such information regarding the entity's standard of compliance as the line Minister may reasonably require; and (b) send officers of the line Ministry to conduct such inspections and inquiries at the offices of any public entity as the line Minister considers reasonably necessary to assess the entity's standard of compliance. (4) In any case wh<;re a line Minister declines to exercise his or her powers under subsection (3), the Minister responsible for this Act may seek the leave of the President to empower the Unit to do so, after the President has afforded the line Minister a reasonable oppot1unity to exercise such powers or to make such representations on the matter as the line Minister thinks fit or relevant (if the President gives leave to the Unit to proceed, the Unit shall exercise the powers under subsection (3) as if references to the line Minister and the line Ministry were substituted by references to the Minister and the Unit). (5) An officer of the line Ministry or of the Unit, as the case may be, may for the purposes of subsection (2)(b) require any board member or employee of the public entity concemed-(a) to produce to the officer any documents relating to the entity's standard of compliance that are in the person's custody or under his or her control; and (b) to provide the officer with any information relating to the entity's standard of compliance; and (c) to give the officer all reasonable assistance in connection with the officer's inspection or inquiry. (5) A person who(a) provides the line Minister, the Unit or an officer of the line Ministry or Unit (as the case may be) with false infom1ation for the purpose of subsection (2) or (4), knowing it to be false or having no reasonable grounds for believing it to be true; or (b) without just cause, fails or refuses to answer any question or provide any information or produce any document when required to do so in terms of subsection (2) or (3); or (c) hinders or obstmcts an officer of the line Ministry or Cnit (as the case may be) in the exercise of the officer's duties under subsection (4); 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 tine and such imprisonment. 32 Application of other codes of corporate governance to public entities Where a public entity is a company and required to comply with(a) a code of good corporate governance prescribed under the Securities and Exchange Act [Chapter 24:25] or any other enactment; or (b) the listing mles of any securities exchange; it shall, to the extent that the requirements or standards concerned are more stringent than those provided for under tllis Act, comply with such code and mles. 100

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