Bare ActsThe Non-Resident Keralites' Welfare Act, 2008

Section 16

Determination of the amount due

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

Determination of the amount due. - (1) The Chief Executive Officer or any other officer authorized by the Board in this behalf, may after making such enquiry as may be found necessary and after giving every person liable to pay contribution under section 4, an opportunity of being heard, by order, determine the amount of contribution due 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) enforce the attendance of any person and examine him on oath; (b) requiring to find out, and to produce the documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses. (3) Any enquiry under this section shall come within the meaning of sections 193 and 228 of Indian Penal Code (Central Act 45 of 1860) and shall be deemed to be a judicial proceeding coming under the purview of section 196 of the said Code. (4) The Government may, by notification in the Gazette, appoint officers in the Government service not below the rank of Deputy Secretary in the NORKA department as Appellate Authority for the purpose of the Act. 33/150/2009 (5) Any person aggrieved by an order under sub-section (1) may, within 60 days from the date of receipt of the order, prefer an appeal before the Appellate Authority authorised by Government in this behalf and such officer may, after making such enquiry, pass such orders thereon as he finds fit. (6) The Government may, either Suo moto or on application of the aggrieved person, call for the records of any proceedings of the Officer authorised by Government under sub-section (4) and make such enquiry, if found necessary and pass such orders modifying, revising, cancelling the order of the Appellate Authority or remanding the matter for fresh decision, as they deem fit: Provided that, an application for revision under this sub-section shall be made within 30 days from the date of receipt of the order, by 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 of being heard.

Section 16 – The Non-Resident Keralites' Welfare Act, 2008 | DailyLaw.ai