Section 11 in THE KERALA SMALL PLANTATION WORKERS' WELFARE FUND ACT, 2008
11. Determination of the amount due.- (1) The Chief Executive Officer or any
other officer appointed under sub-section (1) of section 9 authorised by him in this behalfmay, after making such enquiry as he may consider necessary, from employer orplantation worker under the provisions of this Act and the Scheme made thereunder toascertain the contribution to be received from the employer or the plantation worker asper the provision of this Act or the scheme made thereunder.(2)The Officer conducting the enquiry under sub-section (1) shall, for thepurposes of such enquiry, have the same powers as are vested in a civil court while tryinga suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of thefollowing 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 judicialproceeding within the meaning of sections 193 and 228 of the Indian Penal Code (CentralAct 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 madeunless the persons involved have been given a reasonable opportunity of being heard.(5)Any person aggrieved by an order under sub-section (1) may withinsixty days from the date of receipt of the order, prefer an appeal to the Government or toany other authority as may be specified by the Government in this behalf and the decisionof the Government or of such authority on such appeal shall be final.
