When an employer makes defaul t in p ayme nt of any c on tri bu tio n or ins talme nt or in the tra nsfer of any accumu lat ion requ ire d to be tra ns fer red under thi s Act and Scheme or In the payment of any charges payab le unde r auv othe r pro vi sion of th is Af t or Scheme or in the assi gnm ent of the Policies obtained from Life Insu rance Co rporati on of India , he shall be liable to pay dam age no t exceeding the amount in ar rear . Pr vided that no order for paymen t of dama ges shal l be passed unle ss rea sonable op po rtu ni tie s of bein g heard is given to the defau lte r.
21. POWER OF RECQVhRY;— The Con tolling Au tho rity sha ll issue recovery certi ficat e to the Col lector wh > sha ll recover th e cer tificated dues as an ar re ar of Land Revenue.
22 APPEA L:—
(1) Any employer aggr ieved by the orde r of Con trolling Author ity imp osin g damage unde r sec tion-2 0 of this Act , may file appea l with the Chairma n of the Boa rd within 30 day s of the ord er of the Co ntroll ing Au tho rity.
"Oi THE ASSAM GAZETTE, EXTRAORDINARY, )ULY. 1, 1993 (2} Th e Cha irm an of the B oj rd aft er givin g the emp lo yer a reasonable op po rtu ni ty of being beard may app rove th e dam age imposed by the Con trolling Au thor ity under section 20 or may pass such ord ers ; as may deem fit and prop er, 23, INSPEC TO RS »c. '
(1) The Governme nt may , by not ific ation in the Official Ga ze tte , appo int such employee of the Boa rd, as the Gover n ment thinks fit, to be the ins pe tors for the purposes of th is Act and the Scheme an d may define thei r jur isd ict ion .
(2) Every Inspec tor appo inte 1 under sub-secth n (1) may, fo r the purpo ses of inq uir ing in to the cor rec tness of any inform atio n furnished i con nection with this Act or the Schem e or fo r the pur pose of asc erta inin g whe ther any of the pro vis ions a f this Act or of the Schema have been com plie d wi th—
(a) requir e an emp loyer to furnish such inform ation as he may consider necessary in re la tio n to the Scheme;
(b) . en ter any office or t ea plan ta tio n or t ea fac tory at any rea son able time and with such atsts tatsc e, ii any , as he may th icks fit, en d sea rch the same and requir e any one found in cha rge thereo f to pro duce before him fo r examin atio n ar.y acc oun ts, books, registe rs an d ethe r docume nts in rel a tio n to the employme nt of employee or the paymen t of wages of employee;
(c) examine the employer, his agent or serv ant or any othe r person fou nd in charge of the office or planta tion or factory or whom the Inspe cto r has reasonable cause to believe to be, or to have been an employee in the office or plan tat ion or fac tory ;
(d) make copies of, or tak e extrac ts from any book, reg iste r or other doc ument main tai ned in connection with the Gratu ity Fun d aa d, where be has reas on to believe th at any offence under the Ac t and the Schem e has been com mit ted by an emp loyer, seize, wi th such assistance, as he may thi nk fit, such boo ks, regis ters or oth er doc u me nts as he may conside r rele van t;
(t ) exercise suc h oth er powers as the Scheme may provide .
(3i The provisions of the Code of Criminal Pro ced ure , 1973 shall , as far as may be, app ly to any sea rch or seizu re, under sub -sectio n (2) as the y apply to any search or seizure made under the au tho rity of a wa rra nt issued un de r Sect ion-93 of the said Code.
24. PU BL IC SER VANT Every Inspec tor shal l be deemed to be a pub lic serv ant within the mea ning of Section-21 of the Indian Pen al Code .
THE ASSAM GAZETTE, EXTRAORDINARY ■’ ULY. ', 1993 705