Determination of moneys due from employers

A. Determination of moneys due from employers.--

1. (1) Any officer authorised by the Government in this behalf may, by order, determine the amount due from any employer under any provision of this Act or the Scheme and for this purpose may conduct such inquiry as he may deem necessary.
2. (2) The officer while holding any inquiry under this section, shall have such powers as are vested in a court under the Code of Civil Procedure, Samvat 1977, for trying a suit in respect of the following matters, namely :-
   • (a) enforcing the attendance of any person or examining him on oath ;
   • (b) requiring the discovery and production of documents ;
   • (c) receiving evidence on affidavit ;
   • (d) issuing commissions for examination of witnesses ; and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Ranbir Penal Code, Samvat 1989.
3. (3) No order determining the amount due from any employer shall be made under sub-section (1), unless the employer is given a reasonable opportunity of representing his case.
4. (4) An order made under this section shall be final and shall not be questioned in any court of law.