Amendment status not verified — confirm the current text below against the official source.
Power to take evidence on oath, etc.—An authority or officer exercising powers under this Act shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a suit, in respect of the following matters, namely:- enforcing the attendance of any. person and examining him on oath; requiring the discovery and production of documents; receiving evidence on affidavit; issuing commissions for the examination of witnesses; and such other matters as may be prescribed; - and any proceeding before such authority or officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196, of the Indian Penal Code (Central Act 45 of 1860). 312147/2017/S-I0. 18 Recove,y Of money due frnm landowners.—(1) Where any money is due to an agricultural vorker from a landowner under a settlement referred to in sub-section (2) of section 22, or an award under sub-section (5) of that section or under clause (b) of sub-section (1) of section 25 or an award as modified by the Government under dub-section (2) of section 26. the agricultural worker himself or any other person äuthorised by him in writing in that behalf or, in the case of the death of the agricultural worker, his assignees or heirs may without prejudice to any other mode of recovery make an application to the District Collector for the recovery of the thoney due to him and if the District Collector is satisfied that any money is so •' 1due, he shall proceed to recover the same as if it were an arrear of public revenue due on land: Provided that eveiy such application shall be made within one year from the date on which the mOney became due to the agricultural worker from the landowner: . $ Provided further that any such application may be entertained after the expii-y of the said period of one year if the District Collector is satisfied that the applicant had sufficient cause for not making the application within the said period. (2) Any amount due from a landowner as contribution to the Fund and any other amount due from a landowner under this Act or the Scheme may if the amount is in arrear, be reéovered as if it were an arrear of public revenue due on land. Power to recove, damages—Where a landowner makes default in the pament of any contributith to the Fund, the Government may recover from him such damages, not exceeding twenty-five per cent of the amount of arrears, as they think fit. Effect of laws and agreements inconsistent with this Act and Scheme.- (1) The provisions of this Act and the Scheme shall have effect notwithstanding anything inconsistent therewith contain in any other law or in the terms of any award, agreement or contr4ct of service, whether made before or after the commencement of this sectioh: Provided that where under any such award, agreement, contract of service custom or otherwise, any agricultural worker was enjoining immediately before the commencement of this section benefits in respect of any matter, which are more favourable to him than those to which he would be entitled under this Act, the Agricultural worker shall be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act. 19 Nothing cQntained in this Act shall be construed as precluding any agricultural worker from entering into an agreement with a landowner for granting him rights or privileges in respect of any matter, which are more favourable to him than those to which he would be entitled under this Act. For the avoidance of doubts. it is hereby declared that nothing contained in sub-section (1) or sub-section (2) shall be deemed to enable a landowner to enter into any agreement in contravention of the provisions of section 7. Exemption.—(l) Nothing contained in this Act other than ["sub-section (1) of section 9, sections 18, 20, 23, 24 clause (b) of sub-section (I), sub-sections (3) and (4) of section 25, sub-section (2) of section 39, section 40"} and sub-section (1) of section 41 shall apply in relation to a landowner who does not hold more than one hectare in extent of land. Explanation—Where the landowner is a member of a family, the extent of land held individually by any member of his family or jointly by some or all of S members of such family shall, for the purposes of this sub-section, be deemed to be held by the landowner. (2) The Government may, by notification in the Gazette, for reasons to be recorded in writing, exempt any landowner or class of landowners or any agricultural land or class of agricultural lands from all or any of the provisions of this Act. Delegation of powers—The Government may, by notification in the Gazette, direct that any power exercisable by them under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the Government as may be specified in the notification. Members of Board, etc., to be public servants—Every member of the Board and every officer appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the indian Penal Code (Central Act 45 of 1860). Fowe; to remove djfflculties.—If any difficulty arises in giving effect to the provisions of this Act or the Scheme or any award or settlement under this Act, the Government may, by order, do anything not inconsistent with such provisions which appears to them necessary or expedient for the purpose of removing the difficulty. - Substituted by Act 6 of 1990. - 20 Prozecjon of action taken in good faith_No suit, prosecution or other legal proceeding shall be against the Government or any authority or offices in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the Scheme or any rule or order made under this Act. Power to make Ru1es.j) The Government may, by notification in the Gazette, make ruls to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- the'.'procedure to be followed by the Conciliation Officer and the Agricultural Tribunal; the fees to be paid for applications and appeals under this Act; the powers of the Conciliation Officer necessary for the effective enforcement f the provisions of this Act; - the manner of estimating the cash value of the prescribed wages in kind; the prdcedure to be followed by the Government under sections 25 and 26; (0 any othei matter which has to be, or may be, prescribed under the provisions of this Act. - (3) Every rule made under this section and every notification issued under section 45 shall be laid, as soon as may be after it is made or issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the ekpiry of the session in which it is so laid or the session immediately following the Legislative Assembly makes any modification in the rule or notification or dcjdes that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall \be without prejudice to the validity of anything previously done under that rule or notification. 21 THE SCHEDULE [See sub-section (3) of section 8] I. The time and manner in which the contributions shalt be paid to the Fund ["by the landowners";] 2t"(2) The manner o f registration of the agricultural workers and the manner in which the agricultural workers shall pay contribution to the Fund";] The number of members of 3["the Agricultural Workers' Welfare Fund Board"] and their term of office. The manner in which the members are to be appointed and removed. The manner in which the Chairman of the Board is to be appointed; The constitution of committees for assisting the working of the Board. '["The nanner in which accounts shall be kept, the investment of money belongiii to the Fund in accor4ahce with any direction issued or conditionspecified by the Government, the preparation of the Budget, the audit of accounts and the submission of reports of Government".] Conditions under which withdrawal from the Fund and any deduction or forfeiture therefrom may be made and the :maximum amount of deduction or forfeiture. - The fixation of annual rate of interest payable to the members of the Fund by the Board in consultation with the Government. The form in which the employees shall furnish particulars of himself and his family. II. The nomination of any person or persons to receive the amount at the credit of a member on his death and the cancellation or alteration of such nomination. - Substituted by Act 6 of 1990. 2 Substituted by ibid. Substituted by ibid. Substituted and renumbered by ibid. The conditions off. The purposes for S for the Welfare of superannuation bene educational assistam advances for renov repair to house, ad' I marriage expenses insurance premium