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Section 13: Determination of the amount due

The Kerala Tailoring Workers Welfare Fund Act 1994State Act of Kerala · Act 16 of 1994

(1) The Chief Executive Officer or any other officer authorized by the Board in this behalf may, after making such enquiry as may be necessary and after giving every person liable to pay contribution under section 7, an opportunity to be heard, by order, determine the amount due from every employer 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) enforcing the attendance of any person for examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses.

(3) Any enquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of Indian Penal Code (Central Act 45 of 1860) and for the purpose of section 196 of the said code.

(4) Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of receipt of the order, prefer an appeal to the Labour Commissioner or an officer not below the rank of the District Labour Officer authorized by him in this behalf and the Labour Commissioner or the officer authorized by him may, after making such enquiry, pass such orders thereon as he thinks fit.

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(5) The Government may, either suo-motu or on an application of the aggrieved person, call for the records of any proceedings of the Labour Commissioner or the officer authorized by him under sub-section (4) and make such enquiry and pass such orders as they deem fit:

Provided that, an application for revision under this sub-section shall be made within thirty 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.

Where this provision sits

ActThe Kerala Tailoring Workers Welfare Fund Act 1994
Section13
Marginal noteDetermination of the amount due
JurisdictionState of Kerala
StatusIn force as published by the source

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