Amendment of section 8

For section 8 of the principal Act, the following section shall be substituted, namely:— "8. Determination of money due from employers, etc.— (1) The Chief Executive Officer or any other officer appointed under sub-section (1) of section 4 or any person authorized by him in this behalf may, by order, determine the amount due under the provisions of this Act or of the Scheme from the employer, employee and self-employed person and if the amount due is not paid on or before the due date, shall issue a demand notice to the party showing the amount of arrears. (2) Any person aggrieved by an order under sub-section (1) may file a review petition within thirty days of receipt of such order showing detailed facts and reasons for reviewing the original order. (3) The review petition filed under sub-section (2) shall be disposed of by the authority within a period of sixty days from the date of receipt of such petition. (4) Any person aggrieved by an order under sub-section (1) or (3) may prefer an appeal before the District Labour Officer of the concerned district and it shall be disposed of by him within a period of sixty days from the date of receipt of the appeal. (5) In case the amount of dues exceeds Rs. 1,00,000, any person aggrieved by an order under sub-section (4) may prefer a further appeal before the Board and it shall be disposed of within a period of sixty days from the date of receipt. (6) Every order passed under sub-section (4) or sub-section (5) as the case may be shall be final. (7) No appeal under this section shall be entertained unless fifty per cent of the amount in accordance with the order against which the appeal has been preferred is paid. (8) If the appellate authority in an appeal decides that the amount paid is in excess of that is due from the appellant, it may by order direct for the refund of the excess amount. (9) An officer or authority exercising the powers of appeal under sub-section (5) of section 8 of the Kerala Motor Transport Workers' Welfare Fund Act, 1985, immediately before the commencement of the Kerala Motor Transport Workers' Welfare Fund (Amendment) Act, 2005 shall continue to exercise such powers, in respect of the cases pending before such officer or authority.".