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State of Kerala - Section

Section 8 in Kerala Toddy Workers' Welfare Fund Act, 1969

8. Determination of amounts 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 purposes of such inquiry, have the same powers as are vested in a court for trying a suit under the Code of Civil Procedure, 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;
(c)receiving evidence on affidavit;
(d)issuing commissions for the examination of witnesses.
(3)Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section196 of the Indian Penal 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.