Protection of action taken in good faith

(1) No suit, prosecution or other legal proceedings shall lie against the Government or the Board or any officer or person for anything which is in good faith done or intended to be done under this Act or any scheme made thereunder. (2) No suit or other legal proceedings shall lie against the Government or the Board or any officer or person for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any scheme made thereunder. (3) The Board is a local authority within the meaning of clause (28) of section 3 of the General Clauses Act, 1897 (Central Act 10 of 1897). (4) The Board and the Chief Executive Officer shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860). (1) The Chief Executive Officer or any other officer authorised by the Board in this behalf may after making such inquiry as may be necessary and after giving every person liable to pay contribution under section 4, an opportunity of being heard, by order determine the amount of contribution due under the provisions of this Act or the scheme. (2) The Officer conducting an 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) enforce the attendance of any person and examine 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 coming under the purview 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 before the Labour Commissioner or an Officer, not below the rank of the District Labour Officer of the Labour Department authorised by him in this behalf, and such officer may, after making such enquiry, pass such orders thereon as he thinks fit. (5) The Government may, either suo motu or on application of the aggrieved person, call for the records of any proceedings of the Labour Commissioner or the officer authorised 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 the sub-section, without giving the person who may be affected thereby, an opportunity of being heard. (1) The Officer conducting an 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) enforce the attendance of any person and examine 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 coming under the purview 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 before the Labour Commissioner or an Officer, not below the rank of the District Labour Officer of the Labour Department authorised by him in this behalf, and such officer may, after making such enquiry, pass such orders thereon as he thinks fit. (5) The Government may, either suo motu or on application of the aggrieved person, call for the records of any proceedings of the Labour Commissioner or the officer authorised 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 the sub-section, without giving the person who may be affected thereby, an opportunity of being heard. Any amount due to the fund shall be recovered in the same manner as an arrear of land revenue due from the employer.