(i) to furnish such information, or
(ii) to produce in the office of the Inspector or such other place as may be nearer to the employer or, as the case may be, the contractor, such accounts, books, register and other documents relating to the employment of persons in a coal mine as the Inspector may consider necessary for the purposes of any scheme framed under this Act';]
(b) at any reasonable time, '[and with such assistance, if any, as he may think fit. enter and search any coal mine) and require any one found in charge thereof to produce before him such accounts, books, registers and other documents relating to the employment of persons in the coal mine he may consider necessary;
(c) examine, with respect to any matter relevant to any of the purposes aforesaid, the employer 2[or any contractor from whom any amount is recoverable under Sec. 10-EJ his agent or servant or any other person found in charge of the coal mine 3f* * *] or whom the Inspector has reasonable cause to believe to be or to have been an employee in the coal mine.
(d) make copies of, or take extracts from, any accounts-books, registers or other documents maintained in relation to a coal mine and where he has reason to believe that any offence under this Act has been committed by an employer or contractor, seize with such assistance as he may think fit, such accounts, books, registers or other documents or portions thereof as he may consider relevant in respect of that offence ;
(e) exercise such other powers as any such Scheme may provide.]
4[(2-A) Every person required to furnish any information or produce any document under Cl. (0} or Cl. (b) to sub-section (2) shall be deemed to be legally bound to do so within the meaning of Sec. 175 of the Indian Penal Code, 1860 (XLV of I860').
(2-B) The provisions of the Code of Criminal Procedure, 1898 (V of 1898) shall, so far as may apply to any search or seizure under sub-section (2) as they apply to any search or seizure made under the authority of a warrant issued under Sec. 98 of the said Code.)
(3) Every Inspector shall be deemed to be a public servant within the meaning of Sec. 2 of the Indian Penal Code, 1860 (XLV of 1860).
5[1O-A. Mode of recovery of money due from an employer.-Any amount due from an employer in respect of any contribution or bonus under any scheme framed under this Act 4[or any accumulations required to be transferred under sub-section (1) or sub-section (3) of Sec. 3-D or any damages recoverable under Sec. 10-F or any charges payable by the employer under this Act in respect of the administration of any such scheme) may be recovered by the Central Government in the same as an arrear of land revenue.)
Comment:
The Central Government before recovering the amount of arrears under Sec. 10-A of the Provident Fund Act, under the certificate procedure can consider the feasibility of recovery of arrears from the amount of compensation and the hardship involved in recovering the arrears directly from the owners, if possible, should be avoided. But that is not to say that if the Central Government decides to recover the arrears under Sec. 10-A, the recovery proceedings can be held to be illegal.
