9Determination of moneys due from employers
(1) The Seamen's Provident Fund Commissioner or any Deputy Seamen's Provident Fund Commissioner may, by order, determine the amount due from any employer under any provision 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 under the Code of Civil Procedure, 1908 (5 of 1908), for trying a suit in respect of the following matters, namely:--
span@ (a) enforcing the attendance of any person or examining him on oath;
span@ (b) requiring the discovery and production of documents;
span@ (c) receiving evidence on affidavit;
span@ (d) issuing commission for the examination of witnesses;
and any such inquiry 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 (45 of 1860).
(3) No order shall be made under this section unless the employer has been given a reasonable opportunity of representing his case.
(4) An order made under this section shall be final and shall not be questioned in any court of law.
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- 1 Short title and application
- 2 Definitions
- 3 Seamen's Provident Fund Scheme
- 4 Vesting of Fund, etc
- 5 Constitution of Board of Trustees
- 6 Committees
- 7 Appointment of employees of Board
- 8 Contributions
- 9 Determination of moneys due from employers
- 10 Mode of recovery of moneys due from employers
- 11 Fund deemed to be recognised Provident Fund under Act 43 of 1961
- 12 Protection against attachment
- 13 Priority of payment of contributions over other debts
- 14 Employer not to reduce wages
- 15 Inspectors
- 16 Penalties
- 17 Offences by companies
- 18 Power to recover damages
- 19 Transfer of accoun
- 20 Power to exempt
- 21 Protection for acts done in good faith
- 22 Delegation
- 23 Power to remove difficulties
- 24 Scheme to be laid before Houses of Parliament