section 11
Determination of the amount due.
The Kerala Small Plantation Workers' Welfare Fund Act 2008General200830 sections
Statutory text
- (1) The Chief Executive Officer or any other officer appointed under sub-section (1) of section 9 authorised by him in this behalf may, after making such enquiry as he may consider necessary, from employer or plantation worker under the provisions of this Act and the Scheme made thereunder to ascertain the contribution to be received from the employer or the plantation worker as per the provision of this Act or the scheme made thereunder.
- (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) enforce the attendance of any person and examine him on oath;
- (b) require the discovery and production of documents;
- (c) receive evidence on affidavits;
- (d) issue commission 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 the Indian Penal Code (Central Act 45 of 1860) and for the purpose of section 196 of the said Code.
- (4) No order determining the amount under sub-section (1) shall be made unless the persons involved have 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 to 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.
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