7-B. Determination of moneys due from employers.-

1. The Coal Mines Provident Fund Commissioner or any other officer duly authorised in this behalf by the Central Government may. by order, determine the amount due from any employer under any provision of this Act or of any scheme framed thereunder and for this purpose may conduct such enquiry as he may deem necessary.

2. The officer conducting the enquiry under sub-section (1) shall, for the purpose of such enquiry have the same powers as are vested in a court under the Code of Civil Procedure. 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 (he discovery and production of documents;

c. receiving evidence on affidavit;

d. issuing commissions for the examination of witnesses;

and any such enquiry shall be deemed to be a judicial proceeding within the meaning of Sees. 193 and 228 and for the purpose of Sec. 196 of the Indian Penal Code.

3. No order determining the amount due from any employer shall be made under sub-section (1) unless the employer is 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.]

8. Protection against attachment.-

(1) The amount of the provident fund standing to the credit of any member in the Fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability Incurred by the members and neither the Official Assignee nor any Receiver appointed under the Provincial Insolvency Act, 1920 (V of 1920), shall be entitled to, or have any claim on any such amount.

(2) Any amount standing to the credit of any member in the Fund at the time of his death and payable to his nominee under the Coal Mines Provident Fund Scheme shall, subject to any deduction authorised by the said scheme, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or incurred by the nominee before the death of the member.

(3) The provisions of sub-section (1) and sub-section (2) shall so far as may be, apply in relation to the family pension or any other amount payable under the Coal Mines Family Pension Scheme 2(and also in relation to any amount payable out of the Fund.)

9. Penalty.-3[(1) If any person-

(a) contravenes any provision of this Act or of any scheme framed thereunder, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;

(b) who has been convicted of any offence punishable as aforesaid, is again guilty of any such offence within a period of two years from the date of the previous conviction, he shall be punishable on conviction with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees, or with both.]

(2) No Court shall take cognizance of any offence punishable under 4|sub-

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1. Ins. by Act 16 of 1971. Sec. 10 (w.c.f. 23rd April. 1971).

2. Ins. by Act 99 of 1976, Sec. 11 (w.e.f. 1 st August 1976).

3. Subs, by Act 45 of 1965 (w.c.f. 1st April. 1966).

4. Subs, by Act 45 of 1965 (w.e.f. 1st April, J 966).