Amendment status not verified — confirm the current text below against the official source.
(1) The Chief Executive Officer or any other officer authorised by the Board in this behalf, may after making such enquiry as may be necessary and after giving every person liable to pay contribution under section 4, an opportunity to be heard, by order determine the amount due from every employer or dealer [or exporter] under the provisions of this Act or the scheme. (2) The officer conducting the enquiry under sub-section (1), shall, for the purposes of such enquiry, 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 enquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (Central Act 45 of 1860) and for the purpose of section 196 of the said code. [(4) Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of receipt of the order, prefer an appeal, in the case of an order passed by any officer, other than the Chief Executive Officer, to the Chief Executive Officer and, in the case of an order passed by the Chief Executive Officer, to the Board and the Chief Executive Officer or the Board, as the case may be, shall, after making such enquiry, pass such orders thereon, as he or it may deem fit: Provided that no appeal shall be entertained either by the Chief Executive Officer of the Board unless the appellant has remitted to the Fund the amount determined under sub-section (1).] (5) The Government may, either suo motu, or on application of the aggrieved person, call for the records of any proceedings taken by the [Chief Executive Officer or the Board] and make such enquiry and pass such orders, as they deem fit: Provided that an application for revision under this sub-section shall be made within thirty days from the date on which the order was communicated to the applicant: Provided further that no order shall be passed under this sub-section without giving the person who may be affected thereby, an opportunity to be heard. Inserted by Act 9 of 1998 Substituted by Act 9 of 1998 Substituted by Act 9 of 1998