Bare ActsKerala Beedi and Cigar Workers' Welfare Fund Act, 1995

Section 12

Determination of amount due from employers

Amendment status not verified — confirm the current text below against the official source.

(1) The Chief Welfare Fund Inspector or any other Welfare Fund Inspector authorised by him in this behalf may, by order, determine the amount due from any employer under the provisions of this Act or of the Scheme and for this purpose, may conduct such inquiry as he may deem necessary. (2) Any Officer conducting the inquiry under sub-section (1) shall, for the purpose of such inquiry, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:- (a) enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses. (3) Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and for the purposes of section 196 of that Code. (4) No order determining the amount due from any employer shall be made under sub-section (1) unless the employer has been given a reasonable opportunity of being heard. (5) Any person aggrieved by an order under sub-section (1) may, within sixty days from the date of receipt of the order, prefer an appeal to the Government or any other authority as may be specified by the Government in this behalf and the decision of the Government or of such authority on such appeal shall be final.

Section 12 – Kerala Beedi and Cigar Workers' Welfare Fund Act, 1995 | DailyLaw.ai