Bare ActsKerala Khadi Workers' Welfare Fund Act, 1989

Section 11

Determination of amount due

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

(1) The Chief Executive Officer or an officer not below the rank of an Assistant Labour 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 contribution due under the provisions of this Act. (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:- enforcing the attendance of any person or examining him on oath; requiring the discovery and production of documents; receiving evidence on affidavits; 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 to the Labour Commissioner or an officer not below the rank of District Labour Officer authorised by him in this behalf and the Labour Commissioner or the officer authorised by him may, after making such enquiry, pass such order thereon as he thinks fit. (5) The Government may, either suo motu or on application of the aggrieved person, call for the records of any proceedings taken by the Labour Commissioner or the officer authorised by him under sub-section (4) 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 sixty 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 persons who may be affected thereby an opportunity to be heard.

Section 11 – Kerala Khadi Workers' Welfare Fund Act, 1989 | DailyLaw.ai