Page 195 - DCOM207_LABOUR_LAWS

Labour Laws

Notes

Task If any establishment has departments or branches, are these departments or
branches, to be treated as separate establishments or parts of the same establishments?

Self Assessment

State whether the following statements are true or false:
13. The scheme came into force from August 1, 1986.
14. In cases where the average provident fund balance of preceding twelve months exceeds
` 25,000 plus 25% of the amount in excess of ` 25,000 subject to a maximum of ` 35,000.
15. The employers of exempted establishments are required to pay inspection charges at the
rate of 0.01% of the pay of the employee-members.

11.6 Determination and Recovery of Money due to Employer

Following aspects explain the determination and recovery of money due to employer:

11.6.1 Determination of Money due to Employer

The central provident fund commissioner, any additional central provident fund commissioner,
any Deputy Provident Fund Commissioner, any Regional Provident Fund Commissioner or any
Assistant Provident Fund Commissioner may, by order,

(a) in a case where a dispute arises regarding the applicability of this Act to an establishment,
decide such dispute; and
(b) determine the amount due from any employer under any provision of this Act, the Scheme
or the Pension Scheme or the Insurance Scheme, as the case may be,
and for any of the aforesaid purposes may conduct such inquiry as he may deem necessary.
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:-
(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,
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.
No order shall be made under sub-section (1), unless the employer concerned is given a reasonable
opportunity of representing his case - Where the employer, employee or any other person required
to attend the inquiry under sub-section (1) fails to attend such inquiry without assigning any
valid reason or fails to produce any document or to file any report or return when called upon to
do so, the officer conducting the inquiry may decide the applicability of the Act or determine the
amount due from any employer, as the case may be, on the basis of the evidence adduced during
such inquiry and other documents available on record.

190 LOVELY PROFESSIONAL UNIVERSITY