(1) The Government may appoint a Chief Executive Officer and such number of other officers and staff as they consider necessary to assist the Board in the discharge of its functions and duties under this Act.
(2) The Chief Executive Officer and the other officers appointed under sub-section (1) shall exercise such pow3rs and discharge such duties as may be prescribed.
(3) The method of recruitment, salary and allowances, discipline and other conditions of service of the Chief Executive Officer and the other officers and staff appomted under sub-section (1) shall be such as may be prescribed.
Wanggfijg‘m
8. Determination of amount due from employers.-—(1)The 'Chief Executive Officer or any other officer appointed under sub-sec— tion (1) of Section 7 authorised by him in this behalf may, by order, determine the amount due from any employer under the provisions of this Act or of the scheme and for this purpose, may conduct such lanlI’y as he may deem necessary.
(2) Any oflicer conducting the inquiry under sub-section (1) shall for the purposes of such inquiry, have the same powers as are 140 vested in a civil court while trying a suit under the Code of Civil 1 Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:—
(a) enforcing the attendance of any lesson and examining him on oath;
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(b) requiring the discovery and production of documents;
(c) receiving eVidence on aflidaVit;
(d) issuing commissions for the examination of witnesses.
(3) Any inquiry under this section shall be deemed to be a JudlClal proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (Central Act 45 of 1860) and for the purposes of section 196 of that code.
(4) No order determining the amount due from any employer shall be made under sub-section (1) unless the employer has been given a reasonable opportunity of being heard.
(5) Any person aggrieved by an order under sub-section (1) may, Within sixty days from the date of receipt of the order, prefer an appeal to the Government or any other authority as may be speCified by the Government in this behalf and the decision of the Government or of such authority on such appeal shall be final.
9. Provisional assessment of contribution—(1) Every employer shall, pending determination under section 8 of the amount due from him, pay every month by way of advance contribution an amount equivalent to one-twelfth of the amount payable annually in respect of his motor transport undertaking, according to the latest determination under the said section or, if the amount due from him has not been previously determined under the said section, an amount equivalent to one-twelfth of the amount which, according to the assessment of the employer is payable by him annually in respect of his motor transport undertaking.
(2) The advance contribution for a month shall become payable on or before the 5th day of the succeeding month.
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(3) Where the advance contribution is not paid on or before the due date, any officer appomted under sub-section (1) of section 7 authorised by the Chief Executive Officer in this behalf shall issue a notice to the defaulter showing the amount of arrears, and if the amount is not paid within seven days of the receipt of such notice, it may be recovered in the same manner as arrears of public revenue due on land.
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(4) The amount paid under this section for an year shall be adjusted against the amount determined under section 8 for that year.
10. Mode of recovery of moneys due from employera—Any amount due from the employer in pursuance of the prowsions of this. Act or the scheme, other than an amount payable under subsection (1) of section 9, may, if the amount is in arrear, he recovered together With interest thereon at the rate of nine per cent per annum in the same manner as an arrear of public revenue due on land.
11. Protection agamst attachment—(1) The amount standing to the credit of any member in the Fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member. and no receiver appointed under the Insolvency Act, 1955 (II of 1956), shall be entitled to or have any claim on any such amount.
(2) Any amount standing to- the credit of a member in the Fund at the time of his death and payable to his nominee under the scheme shall, subject to any deduction authorised by the scheme, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member.