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State of Kerala - Section

Section 8 in Kerala Motor Transport Workers Welfare Fund Act, 1985

8. [ Determination of amount due. [Amendment Act 2005 (No 13285/Leg. C2/05/Law dated 15.8.2005)]

(1)The Chief Executive officer any other officer appointed under sub section (1) of section 7 authorised by hin in this behalf may, by order, determine the amount due under the provisions of this Act or of the Scheme form the employer, Employee and self employed person and if the amount due is not paid on or before the due date, he shall issue a demand notice to the defaulter showing the amount of arrears.
(2)Any person aggrieved by the determination of arrears under sub section (1) may file a review petition before the authority who had determined then arrears, showing detailed facts and reasons for reviewing the original determination within fifteen days of receipt of demand notice.
(3)A review petition filed under sub section (2) shall be disposed of by the authority within a period of thirty days from the date of its receipt
(4)Any person aggrieved by an order under sub section (3) may prefer are appeal before the District Labor Officer of the concerned district and it staff be disposed of by him within a period of sixty days form the date of its receipt.
(5)If the amount of arrears in dispute exceeds rupees one lakh, any person aggrieved by an order under sub section (4) may prefer a second appeal before the Board and it shall be disposed of within a period of sixty days from the date of its 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 what is due from the appellant, it may by order, direct for the refund of the excess amount.
(9)An officer or authority exercising the power 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.]