The Kerala Headload Workers Act, 1980
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34. Bar of jurisdiction of Civil Courts
No civil court shall entertain any suitor other proceedings to set aside or modify any order or decision passed by any authority or officer under this Act in respect of any of the matters falling within its or his scope,
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35. Power to take evidence on oath, etc
Any authority or officer exercising powers under this Act shall have the same powers as are vested in a civil court under the Code of Civil Procedure 1908 (Central Act Sof 1906), when trying a suit in respect of the following matters namely: enforcing the attendance of any person and examining him on oath: requiring the discovery and production of documents; receiving evidence on affidavit; issuing commissions for the examination of witnesses; such other matters as may be prescribed; and any proceedingbefore such authority or officer shall be deemed to be a judicial proceeding within the meaning of SsA93 and 228 and for the purposes of Si 96 of the Indian Penal Code (Central Act 46 of 1860)
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36. Recovery of money due from Employer
(1) Where any money is due to a Head load worker under a settlement or decision referred to in sub-s. (3) or sub-s.(4) or sub-s.(7) of S. 21 or S. 22, the head load worker himself or any other person authorized by him in that behalf or, in the case of death of the head load workor.•his assignees or heirs, may, without prejudice to any other mode of recovery, make an application to the appellate authority for the recovery of the money due to him and if the appeUate authority is satisfied that any money is so due, it shall issue a certificate to the Collector for the recovery of amount and thereupon the Collector shall recover the amount as if it were an arrear of public revenue due on land: Provided that every such application shall be made within one year from the date on which the money became due to the head load worker. (2) Any amount due from an employer as contribution to any fund and any other amount due from an employer under this Act or a Scheme or rule made under this Act may, if the amount is in arrears, the Chief Executive Officer or the Administrator of a committee may, without prejudice to any other mode of recovery, make an application to the Government or an officer authorized by the Government in this behalf for the recovery of the money due, and if the Government or the officer so authorized is satisfied that any money is so due, it or he sha, issue a certificate in the prescribed manner to the Chief Judicial Magistrate having jurisdiction and the Chief Judicial Magistrate shall proceed to realize the money as if it were a fine imposed by such Magistrate.
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37. Power to recover damages
Where an employer makes default in the payment of any contribution to the fund, the Government may recover from him such damages, not exceeding twenty five per cent of the amount of arrears, as they think fit.
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38. Recovery of money due from Headload Workers
Where any money is due to an employer by a head load worker under a settlement or decision referred to in sub-s. (3) or sub-s.(4) or sub-s. (7) of S. 21 or S. 22, the employer himself or any other person authorized by him in that behalf or, in the case of death of the employer, his assignees or heirs, may, without prejudice to any other mode of recovery, make an appilcation to the appeilate authority for the recovery, of the money due to him and if the appeflate authority is satisfied that any money is so due, it shall order the payment of such money in such number of easy instalments as may be determined by it.
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39. Effect of laws and agreements inconsistent with this Act and Schemes
The provisions of this Act and the Schemes shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award,agreement or contract of service, whether made before or after the commencement of this section. No authority other than the Government, other Board or a committee shall be entitled to make any Scheme or do any other act conferring, or purporting to confer, any benefits on headload workers.
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40. Members of Board, etc. to be public servants
Every member of the or of a committee and every officer appointed under this Act shall be deemed to be a public servant within the meaning of S. 21 of the Indian Penal Code (Central Act 45 of 1860)
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41. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act or a scheme or any settlement under this Act, the Government may, by order to anything not inconsistent with such provisions which appears to them necessary or expedient for the purpose of removing the difficulty.
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42. Protection of action taken in good faith
No suit, prosecution or other legal prodeedings shall lie against the Government or any authority or officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any.Scheme, Rule or Order made under this Act. -j
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