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State of Kerala - Section

Section 11 in Abkari Workers' Welfare Fund Act, 1989

11. Determination of amount due from employers.

(1)The Chief Welfare Fund Inspector or any other Welfare Fund Inspector authorised by him in this behalf, may, by order, determine the amount due from any employer under the provisions of this Act or of the scheme and for this purpose may conduct such inquiry as he may deem necessary.
(2)The Officer conducting the inquiry under sub-section (1) shall, for the purpose of such inquiry have the same powers as are vested in a court for trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:-
(a)enforcing the attendance of any person or examining him on oath;
(b)requiring the discovery and production of documents;
(d)receiving evidence on oath;
(3)Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 195 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 due from any employer shall be made under sub-section (1) unless the employer has been given a reasonable opportunity of being heard.
(5)Any person aggrieved by an order under sub-section (1) may prefer an appeal to the Government or any other authority as may be specified by the Government within sixty days from the date of the receipt of the order and the decision of the Government or of such authority on such appeal shall be final.