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State of Kerala - Section

Section 12 in Kerala Fishermen's Welfare Fund Act, 1985

12. Determination of contribution.

(1)The Fisheries Officer or any officer of the Board not below the rank of a Sub Inspector of Fisheries authorised by the Board in this behalf may, after making such inquiry as may be necessary and after giving every person liable to pay contribution under section 4 an opportunity to be heard, by order, determine the amount due from such person under that section.
(2)The officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry, have the same powers as the vested in a civil court, while 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 ;
(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 section 196 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
(4)Any person aggrieved by an order under sub-section (1) may prefer an appeal to the Director of Fisheries within sixty days from the date of receipt of the order and the Director of Fisheries may, after making such inquiry, pass such orders thereon as be thinks fit.
(5)The Government may, either suo-motu or on application of the aggrieved person, call for the record of any proceeding taken by the Director of Fisheries under sub-section (4) and make such enquiry and pass such orders, as they deem fit:Provided that an application for revision under this Sub-section shall be made within thirty days from the date on which the order was communicated to the applicant:Provided further that no order shall be passed under this sub-section without giving the person who may be affected thereby an opportunity to be heard.