ACT, No. 55 OF 2009

55of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
EMPLOYEES’ PROVIDENT FUND
(SPECIAL PROVISIONS) (AMENDMENT)
ACT, No. 55 OF 2009
[Certified on 30th September, 2009]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of October 02, 2009
PRINTEDAT THE DEPARTMENTOFGOVERNMENT PRINTING, SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 4.00 Postage : Rs. 5.00

Employees’ Provident Fund (Special Provisions) 1
(Amendment) Act, No. 55 of 2009
[Certified on 30th September, 2009]
L.D.—O. 45/2006.
ANACT TO AMEND THE EMPLOYEES’ PROVIDENT FUND
(SPECIAL PROVISIONS) LAW, NO. 6 OF 1975.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—
1. This Act may be cited as the Employees’ Provident Short title.
Fund (Special Provisions) (Amendment) Act, No. 55 of 2009.
2. The Employees’ Provident Fund (Special Provisions) Insertion of new
sections 2A, 2B,
Law, No. 6 of 1975 (hereinafter referred to as the “principal
2C and 2D to the
enactment”) is hereby amended by the insertion of the
Employees’
following new sections immediately after section 2 of the Provident Fund
aforesaid Law which shall have effect as sections 2A, 2B, 2c (Special
Provisions) Law,
and 2D thereof :—
No. 6 of 1975.
“Validation. 2A. Where an employer or employee pays
a contribution to the approved provident
fund established under the Employees’
Provident Fund Act, No. 15 of 1958, during the
period commencing on February 1, 1996 and
ending on the date of the coming into
operations of this Act, such contribution shall
be deemed to have validly deducted, made or
paid to the Fund.
Approval for 2B. (1) A person who becomes an employee
more in any covered employment, on or after the date
beneficial
superannuation of coming into operation of this Act (hereinafter
benefits. referred to as the “relevant date”), shall be
entitled to receive superannuation benefits by
way of a pension fund or scheme, as may be
agreed by the employers and employees, which
2—PL 004030—4,250 (06/2009)
2 Employees’ Provident Fund (Special Provisions)
(Amendment) Act, No. 55 of 2009
are more beneficial than the Employee’s
Provident Fund established under the
Employees’ Provident Fund Act, if the
Commissioner of Labour is satisfied that the
proposed pension fund or scheme satisfies
the requirements prescribed under the
Employee’s Provident Fund Act, No. 15 of 1958.
In such a case, the Commissioner of Labour
shall declare such fund or scheme to be
respectively, an approved contributory pension
fund or scheme.
(2) Where the Commissioner of Labour
declares in terms of subsection (1), the fund or
scheme to be an approved contributory pension
fund or scheme, with effect from the relevant
date, all contributions payable and collected
to such fund or scheme shall be deemed to have
been validly made.
Avoidance of 2C. (1) For the avoidance of doubts, it is
doubts. hereby declared that the provisions of section
2 shall not apply to the providing or securing
of superannuation benefits during any period
prior to February 1, 1996 or to any employer or
employee in relation to the period specified in
section 2A.
(2) Where an employee becomes a member
of, or has paid a contribution to, any provident
fund, pension fund or any other superannuation
fund or scheme, other than the Employees’
Provident Fund established under the
Employees’ Provident Fund Act, No. 15 of 1958,
such membership and payments shall be deemed
to be validly made from the date on which the
employee becomes a member or pays a
contribution, as the case may be.
Employees’ Provident Fund (Special Provisions) 3
(Amendment) Act, No. 55 of 2009
Continuation 2D. For the avoidance of doubts it is hereby
of further declared that from and after the date of
contribution
the coming into operation of this Act, it shall
to any
approved be lawful—
provident
fund &c,. (a) for an employer or employee who prior
to the commencement of this Act, had
made a contribution to any approved
provident fund, pension fund or any
other superannuation fund or scheme,
other than the Employees’ Provident
Fund established under the Employees’
Provident Fund Act, No. 15 of 1958, to
continue to contribute to such fund or
scheme; and
(b) for an employer or employee to
contribute to any approved provident
fund, pension fund or any other
superannuation fund or scheme, other
than the Employee’s Provident Fund
established under the Employees’
Provident Fund Act, No. 15 of 1958,
after the commencment of this Act.”.
3. Section 5 of the principal enactment is hereby amended Amendment of
in subsection (2) of that section, by the substitution for the section 5 of the
principal
words “not exceeding six months or to a fine not exceeding
enactment.
one thousand rupees” of the words “not exceeding twelve
months or to a fine not exceeding ten thousand rupees”.
4. In the event of any inconsistency between the Sinhala Sinhala text to
and Tamil texts of this Act, the Sinhala text shall prevail. prevail in case of
inconsistency.

4 Employees’ Provident Fund (Special Provisions)
(Amendment) Act, No. 55 of 2009
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