Amendment status not verified — confirm the current text below against the official source.
Detennlnafion of èqounts 4ue froni pn$) iiie Walfin Fund lnsecWr or any other *ftre F inspccSauess by him in tbii behalf may, by order, determine the áiount *ie from any employer under the provis lonE of this Act or of the scheme as4 for this purpose may conduct such inquiry as he maydecntneocssajy. . (2) The officer CánàÜCUIig the inqujxy under sub-sétkn (I) shall for the purposes of such ir)ç have the same jowon a s are vested in a cowl for trying a suit under the Code of Civil Procedure, 1908, in respect Of the following mitten, niiniely.— (a). entokutg the attancef any pemon or exsjnining hum on oath; discoNiiry receiving evidence 6 affidavit; I issuing commissloist the examination of witnesses. (3) Any inquiry under thinection shall be deemed to be a judicial proceeding within the theaning of sccftoms 193 and 228 and (attIre purpose of sectirjn 196 of the Indian Penal Code. c- ... (4) No order 4etennining the amount due from any employer shall be made under sub-section (I) unlesa the employer has been given a rcaso$ble. opportunity of being heard. (5) Any person aggrieved by an order wider sub-section (I) may prefer an appeal to the Government or any other authority as may be specified by the Government within sixty days from the date of the receipt of the order and th e decision of the Governsñcnt or of such authority on suchappeal shall be final. " BA. Provisional Ass enmen! of Con!,!bullbn.—(I) Every employer shall; pending determination under section 8 of the amount due from him in any year, pay •evefli month by way at advance contribution an amount equivalent to one-twelfth of the amount payable innually in respect of his rmployces according to the lAtest determinationunder the said section: Provided that every employer, iii respect of whom an o1dd of determination tinder section 8 has not beaimadc at any time,sball pay every month by vayof advance contribution an amount equivalent to one-twelfth of the amount of conuiburiori payable by hini under section 4 in respect of his employeeS accoiding tothebeastofhiajudent:'' • - Pinvided further that where advance contribution is paid by an employer according to the best of his judAcm,.a ;st6tcziient showing the manner in which sudhjudgmeaf was mide by him shill cad af the time of pAyment • (2) The Advance Conumhtibn tot a month shall become payable on or before the 5th datof the succeeding month. (3) Where the advance contribution isnot paid ott or before the due date, the: Welfare Fund hInsptprobaU isiue wnotke to the defaulter showing the amount of asrean and if the ampunt is not paid within seven days of the receipt of such notice, it may be recovered In the aamanner as wean of land revenue. __ I. (4) The amountpaid under this section for an year shalt be adjusted against the amount deteirnined under SectionS fiw that year. BE. Power to ftciifr errors, etc—(I) The Chief Welfare Fund Inspector or any other Welfare Fund Inspector who has passed an order under sub-section (1) of sectionS, against which no appeal has been made to the Qovemment as provided. in sub-section (5), may, on ajplication or othcrwise,'at any time within four years from the date of passing such order, rectify any error apparent on the face of the Provided that np such rectification, whichhas the effect of enhancing the amount determined, ihailbe made unless the employer concerned has been given a reasonable opportunity of being heard: Provided further that the time-limit mentioned in this sub-sectibn shall not be applicable, for a period of six months from the date of commencement of the Kerala Toddy Workers' Welfare Fuiid.(Amendnuent) Act, 1996, in the case of an order made under sub-section (1) of section $ which is prejudicial to the'interests of the Fund. • (2) Where any such rectification has the effect of reducing the amount diterminéd, the officei concerned shall make refund to the employer entitled thereto or adjustment against future contribution of the employei according to his option. (3) Where any such rectification has the effect of enhancingthe amount detennined, the provisions of this Act and the scheme made there under shall apply to every such order of enhancement, as if such determination has been made under sub-section (I) of section 8.