(1) Every [employer or dealer 01 p1oducer of coir products liabletopay contributionunder sect1on- 4 shall, pending determmauomunder section ll of the amodnt due from him, pay on or before the 5th day of every month, an amount equivalent to one twelfth of the amount payable annually by him according to the latest determinauon under the said section.
(2) The contribution for a month due from a mu worker or self-employed person shall become payable on oribeforcthe 5th day of the succeeding month.
(3) Where the conmbution 15 not paid on or before the due date, the Chief Executive Officer or any office1 of the Board authorised by itin this behalf, shall 1ssue a notice to the defaulter showmg the an’iount of.arrears, and 1f the amount 15 not paid within fifteen days of the receipt ofsuch notice, it may be rccove1ed'111 the same manner as arrears of public revenue due on land.
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(4) The amount pa1d undet Sub--scet1on (l) by an employer or dealer” or producer of con products for a year shall be adjusted against the amount determined undc1 section 11 for that year.
f r a 1 n s. _ %
13. Made of recovery of money due from coir workers, self-emploted pen—ans, omp'loyerndealer: and producers of coir product5.——Any amount due from the coir workers, self-employed persons, employers, dealers and producers of coir products in pursuance of the provisrons of thrs 'Act or the Scheme may, if the amount is in arrears, be recovered in the same manner as an arrcar of.
‘public revenue dire on land.
14-. Priority of payment ofcontribution 0051' other deth—iWhere any employer or dealer or producer of coir products liable to pay contributions under se'ctron 4 is adjudicated as insolvent or, in case such employer or dealer or producer of coir products is a company, an order for winding up is inade, the amount due from such employer or dealer or producer of coir products under this Act or the scheme shall, where the liability therefor has accrued belhre the order of adjudication or winding up rs made, ,‘be deemed to be included among the debts which under section 64 ofthe Insolvency Act, 1955 (2 of 1956) or under section 530 ofthe Companies Act, 1956 (Central Act 1 of1956) are to be paid in priority to all other debts ‘in the distribution of the property ofthc insolvent or the assets of the company being wound up, as the case may be
15. Employer not to reduce wages eta—No employer or dealer or producer of coir products shall by reason only of his liability for the payment of any contribution to the fund, reduce whether directl or indirectly. the wages of any coir worker to whom the scheme applies or the total quantum of benefits to which the coir worker is entitled under the terms ofhrs employment express or implied. , l
16. Directors y” Board etc, to be. publzc servants —-l£vcry Director of the Board, the Chief Executive Officer and other officers and members 01 the staff ofthe Board appointed under sub-sectrtin (1) ofsectron 9 shall be deemed to be a public servant within .the meaning of section 21 of the Indian 'Penal Code (Central Act 45 of 1860).
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l7 Penalty -—(1) Whoever, for the purpose of avordrng any payment to be made by himself under this Act or under the scheme or of enabling‘any other person to avord such payment knowrngly makes or causes to be made any false statement or false representation, shall be punishable with imprisonment for a term which may extend to three months, or wrth fine \Vthh may extend to five hundred rupees, or with both ,
(2) Whoever contravenes or makes default in complying With any of the provisions of this'Act or of the scheme shall, if no other penalty is elsewhere provided by or under this Act for\Such contravention or non-compliance, be punishable with imprisonment for a term which may extend to two months or with fine which may extend to four hundred rupees, or with both.
, .(3) No court‘inferior to that of a Judicial Magistrate of the Fu‘st Class shall try any offence punishable under this Act.
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(4) No court shall take cognizance of any ofi'ence punishable under this Act except on a ieport in writing of the facts constituting such ofl'ence made With prev1ous sanction of the Chief Executive Oflicer.
l8. Offincrr by Companion—(l) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the ofl‘ence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such ofi'encc.
(2) Notw1thstand'mg anything contained in sub-section (1), where any offence under this Act has been committed by a company andit is proved that the ofl‘ence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any officer of the company, such officer of the company shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purpOse of this section,—-
(a) “company” means any body corporate and includes a firm, co-opei alive soc1ety 01 other assoc1ation of indwiduals ;
(1)) “office: of the company” means the Managing Director, Director, Managing Agent, Secretary, Tieasurer or Manager of the company and includes the ollice bearer. of a flim, co-Operative society or other association of individuals.
19. Power [1) mover damages -—-Where any person makes default in the payment of any contribution to the fund under this Act or the scheme, the Board may recover from him damages, not exceeding twentv-five per cent of the amount ofan em as they may think fit to impose.
20. Pratechon Jm acts done in good faith.——No suit 01 other legal proceedmg shall lie against any Director of the Boaid or any other person in respect of anything whichis in good faith done or intended to be done under this Act 01 under the scheme.