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Short title
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1. This Act may be cited as the Compulsory Savings Act, No. 6 of 1971.
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Establishment of Compulsory Savings Fund and its administration.
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2.
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(1) For the purposes of this Act there shall be established a fund called the Compulsory Savings Fund (hereafter in this Act referred to as ” the Fund “).
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(2) The Monetary Board of the Central Bank shall have custody of the moneys of the Fund.
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Contributions to the Fund.
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3. Subject to the other provisions of this Act, every person shall in respect of his income for the relevant period pay to the Fund through the Commissioner a contribution computed at the appropriate rate specified in the First Schedule to this Act:
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Provided, however, that-
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(1) in the case of an individual other than an individual to whom the provisions of paragraph (2) or paragraph (3) apply, the contribution payable by such individual shall not exceed the amount computed at the appropriate rate specified in the Second Schedule to this Act;
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(2) in the case of an individual whose income consists solely of special income, the contribution payable by such individual shall not exceed the amount computed at the appropriate rate specified in the Third Schedule to this Act;
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(3) in the case of an individual whose income consists of special income and income other than special income, the contribution payable by such individual shall not exceed the amount which is the aggregate of-
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(a) the amount computed at the appropriate ate specified in the Second Schedule to this Act; and
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(b) the amount which bears to the excess of the amount computed at the appropriate rate specified in the Third Schedule to this Act over the amount computed at the appropriate rate specified in the Second Schedule to this Act the same proportion as the special income of that individual bears to his income.
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Certain incomes to be excluded from the contribution payable under the Act.
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4.
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(1) The contribution under this Act shall not be payable to the Fund in respect of-
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(a) the income of-
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(i) the Diplomatic Representative in Ceylon (by whatever name or title designated) of the Government of any foreign country and the High Commissioner in Ceylon of the Government of any part of Her Majesty’s Dominions,
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(ii) any such member of the staff of any Diplomatic Representative or High Commissioner referred to in sub-paragraph (i) as is a citizen or subject of the country represented by that Diplomatic Representative or High Commissioner, any such Consul or Trade Commissioner as is a citizen or subject of the country represented by him, and any such member of the staff of any Consul or Trade Commissioner as is a citizen or subject of the country represented by that Consul or Trade Commissioner,
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(iii) any expert, adviser, technician or official whose salary or principal emolument is not payable by the Government of Ceylon and who is brought to Ceylon by the Government of Ceylon through any Specialized Agency of the United Nations Organization or under the Point Four Assistance Programme of the Government of the United States of America or through the Colombo Plan Organization,
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(iv) any trainee from abroad who is sent to Ceylon under any Technical Cooperation Programme of the United. Nations Organization and its Specialized Agencies or of the Colombo Plan Organization,
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(v) any official of the United Nations Organization who is resident in Ceylon, and who is not a citizen of Ceylon, and
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(vi) any member of any naval, military or air forces of any country other than Ceylon who are in Ceylon at the request or with the concurrence of the Government of Ceylon;
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(b) the income for the relevant period of any individual if such income does not exceed six thousand rupees;
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(c) income exceeding six thousand rupees received for the relevant period by an individual from employment-
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(i) if such individual contributes during the relevant period to the Employees’ Provident Fund or to a regulated provident fund or any provident fund approved by the Commissioner for the purposes of the principal Act an amount equal to six per centum of his total earnings within the meaning of the Employees’ Provident Fund Act, No. 15 of 1958, and
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(ii) if such income does not exceed twelve thousand rupees;
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(d) income received for the relevant period from sources other than employment by an employee, where such income does not exceed one thousand two hundred rupees;
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(e) the income of any Corporation which was or is established with capital wholly provided by the Government;
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(f) the income of any class or description of persons which is exempted from the provisions of this Act by Order made by the Minister and published in the Gazette.
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(2) An Order of exemption under paragraph (f) of sub-section (1) may be given retrospective effect as from any day specified in the Order, notwithstanding that such day is a day prior to the date of publication of such Order in the Gazette.
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Determination of total income for the purposes of this Act.
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5.
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(A) For the purposes of this Act, the income of any person for the relevant period shall be determined in the same manner and on the same principles as the assessable income of that person would be determined for the purposes of income tax subject to the following modifications: –
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(1) The income of that person shall not include-
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(a) any capital gain of that person arising during the relevant period;
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(b) compensation for loss of any office or employment; and
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(c) any sum paid to that person during the relevant period from any regulated provident fund or any provident fund approved by the Commissioner for the purposes of the principal Act or by way of retiring gratuity, commutation of pension or refund under section 46 (1) or section 49 of the Widows’ and Orphans’ Pension Fund Ordinance or under any regulation which relates to any Widows’ and Orphans’ Pension Fund or Scheme established for the Local Government Service and which corresponds to the aforesaid section 46 (1) or section 49.
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(2) The income of that person shall include-
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(a) any profits of that person during the relevant period, being the profits and income of any undertaking which are exempt from income tax under paragraph (i) or paragraph (ii) or paragraph (iii) or paragraph (iv) or paragraph (v) or paragraph (vi) or paragraph (vii) of sub-section (2) of section 6 of the principal Act;
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(b) the amount of any dividend paid to that person during the relevant period by any undertaking referred to in sub-paragraph (a) out of profits and income referred to in that sub-paragraph;
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(c) the amount of any profits and income which are exempt from income tax under section 7 of the principal Act; and
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(d) any income of that person during the relevant period being income which under section 90 or section 90a or section 90b or section 90c or section 90d or section 90e of the National Housing Act is exempt from income tax.
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(3) In the case of an employee, a deduction of six hundred rupees in lieu of payments made by him as interest or as premier on insurance policies or as contributions to a regulated provident fund or to a provident fund approved by the Commissioner for the purposes of the principal Act shall be allowed or if the amount of such payments exceeds six hundred rupees a deduction of the amount actually paid by him as such interest, premier or contributions shall be allowed in determining his income for the relevant period.
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(4) In the case of an individual who is not an employee, sums payable for the relevant period by way of insurance premier shall be allowed as a deduction in determining his income for the relevant period.
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(5) The amount of any approved investment within the meaning of section 16c of the principal Act made by an individual during the relevant period shall be allowed as a deduction in determining his income for the relevant period.
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(6) In determining the income of that person for the purposes of this Act, no deduction shall be allowed for any loss deductible under section 15 (1) (b) of the principal Act.
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(B) In the case of a trust to which there are beneficiaries, the share of the income to which such beneficiaries are entitled may be deducted from the income of such trust and may be considered for the purposes of this Act as the income of the beneficiaries and accordingly each such beneficiary shall be liable to pay the contribution to the Fund in respect of his share of such income.
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(C) Where the estate of a deceased person is administered by an executor, the share of the income to which the heirs are entitled may be deducted from the income of such estate and may be considered for the purposes of this Act as the income of the heirs and accordingly each such heir shall be liable to pay the contribution to the Fund in respect of his share of such income. In this sub-section ” heir ” includes any person who has an interest in the estate.
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Aggregation of incomes of members of a family.
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6. For the purposes of this Act, the incomes of the members of a family other than the income of the head of the family shall be aggregated in the same manner as the assessable income of the members of a family are aggregated under the principal Act and the incomes so aggregated shall be deemed to form part of the income of the head of such family.
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Payment of contributions in respect of income from employment.
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7.
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(1) The contribution payable under this Act by a person in respect of income derived from employment shall be paid in twelve successive monthly instalments, the first of such instalments being in respect of such income for the month of January, 1971.
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(2) The employer of an employee shall deduct from the emoluments of the employee and pay to the Fund through the Commissioner the instalment of the contribution of such employee for each month not later than seven days after the last day of the month in respect of which the deduction was made, and an instalment of the contribution paid under this subsection to the Fund by such employer on behalf of such employee shall be deemed to have been paid to the Fund by such employee.
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(3) An employer who pays an instalment of the contribution of an employee shall furnish to the Commissioner at the time he pays such instalment a statement in the prescribed form setting out the income of that employee from employment and the amount paid as the instalment of the contribution of that employee.
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Registration of employers.
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8.
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(1) Every person who on January 1, 1971, is an employer and who by this Act is required to pay to the Fund the instalments of the contribution of an employee shall cause himself to be registered with the Commissioner not later than the fifteenth day of January, 1971.
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(2) Every person who after January 1,1971, becomes liable to pay the contribution of an employee shall cause himself to be registered with the Commissioner within two weeks after the date he becomes so liable.
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Provisions applicable where, employer fails to pay on due date the instalment of the contribution of an employee.
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9. Where an employer fails to pay in accordance with the provisions of section 7 the whole or a part of an instalment of the contribution of an employee, the Commissioner or an Assessor authorized by the Commissioner may by notice in writing direct such employer to pay to the Commissioner the sum of money specified in the notice on or before a date specified therein. Such sum shall be deemed to be in default and such employer shall be deemed to be a defaulter unless such employer on or before such date either pays such sum or pays the sum which he ought to have paid in respect of such instalment of contribution and furnishes the statement referred to in section 7.
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Payment of contributions in respect of income from sources other than employment.
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10.
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(1) The contribution payable under this Act by a person in respect of income derived from sources other than employment during the relevant period shall be paid to the Commissioner in four quarterly instalments on or before April 15, 1971, July 15, 1971, October 15, 1971 and January 15, 1972, respectively and each such instalment shall be in respect of each successive period of three months in the relevant period. The amount of an instalment which any person who is an employee has to pay under this subsection in respect of income from sources other than employment shall be determined on the basis of his total income.
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(2) Any person who under this section pays an instalment of his contribution to the Fund shall furnish to the Commissioner at the time he pays such instalment a statement in the prescribed form setting out the income of that person from sources other than employment and the amount paid by him as an instalment of his contribution.
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(3) Where any person fails to pay in accordance With the provisions of sub-section (1) the whole or a part of his instalment of contribution for any quarter, the Commissioner or an Assessor authorized by the Commissioner may by notice in writing direct such person to pay to the Commissioner the sum of money specified in the notice on or before a date specified therein. Such sum shall be deemed to be in default and such person shall be deemed to be a defaulter unless such person on or before such date either pays such sum or pays the sum which he ought to have paid in respect of such instalment of contribution and furnishes the statement referred to in Sub-Section (2).
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Recovery of contributions of a person from moneys due to him.
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11.
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(1) Where the contribution, or an instalment of the contribution, of any person cannot for any reason be recovered from that person and the Commissioner has reason to believe that any other person holds money forming part or the whole of the income of such person, the Commissioner may by notice in writing direct such other person to pay out of such moneys on or before a date specified in the notice, the sum specified in the notice. Such sum shall not exceed the amount due as contribution or instalment of contribution, as the case may be.
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(2) Any person to whom a notice has been given under sub-section (1) who is unable to comply therewith for any reason shall within seven days after the expiration of the period specified in the notice give the Commissioner his reasons for not being able to comply with the notice.
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(3) Where any person to whom a notice has been given under sub-section (1) fails to comply with the provisions of the notice or to give the Commissioner his reasons for not being able to comply with the notice, the amount specified in the notice shall be recovered from such person as though such amount represented the contribution payable by such person.
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Penalty.
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12. Where the amount of any instalment of a contribution is in default, the defaulter shall become liable to pay in addition to such amount-
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(a) a penalty of a sum equivalent to five per centum of such amount; and
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(b) where such amount is not paid before the lapse of thirty days after such amount had begun to be in default, a penalty of a sum equivalent to one per centum of such amount in respect of each further period of thirty days or part thereof during which such amount is in default:
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Provided that a defaulter shall not be required to pay the penalty under this section-
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(a) if the defaulter proves to the satisfaction of the Commissioner that the failure to pay was due to circumstances beyond his control; and
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(b) if the defaulter furnishes to the Commissioner a correct return of his income and pays the amount in default.
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Power of Assessor to make assessments.
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13.
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(1) Where any person who under this Act is required to make a contribution to the Fund fails to pay all or any instalments of such contribution, an Assessor shall assess the amount of the contribution which such person, in the opinion of the Assessor, ought to have paid as such instalments or instalment and shall by notice in writing, require him to pay such sum on or before a date specified in the notice. The amount so assessed shall be deemed to be the amount of the contribution payable by him in respect of the relevant period.
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(2) An assessment made under sub-section (1) in respect of any instalment of the contribution payable by any person shall not affect the liability of such person to a penalty under section 12 as though the amount assessed were the amount of the instalment of contribution due from that person.
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Additional assessments.
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14.
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(1) Where it appears to an Assessor that a person required to contribute to the Fund under this Act has paid as an instalment of such contribution or as such contribution an amount less than the proper amount payable by him as such instalment of contribution or contributions, the Assessor may, at any time, assess such person at the additional amount at which the instalment of the contribution or the contribution ought to have been paid by such person.
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(2) Notice of an assessment under sub-section (1) shall be served on the person in respect of whom the assessment is made and such person shall pay the amount specified in the notice on or before the date specified therein.
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(3) Where an additional assessment under subsection (1) is made in respect of the entirety of the contribution payable by a person, the Assessor may apportion the amount of the additional assessment to the instalments of the contribution of that person.
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(4) An assessment made under sub-section (1) in respect of any person shall not affect the liability of such person to a penalty under section 12.
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Power of Commissioner to vary the amount of the contribution.
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15. The Commissioner may, upon good cause being adduced by any person, vary the amount of the contribution payable by such person to the Fund or any such instalment of contribution.
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Appeals.
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16.
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(1) Any person may, if he is dissatisfied with any assessment or additional assessment made in respect of him by an Assessor, appeal against such assessment, or additional assessment to the Commissioner within thirty days after the service of notice of such assessment, or additional assessment. Such person shall, notwithstanding the appeal, pay the amount he is required to pay by reason of such assessment or additional assessment.
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(2) The Commissioner shall, before reaching his decision on an appeal made to him under sub-section (1), give the appellant an opportunity of placing his case before the Commissioner either in person or by his authorized representative.
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(3) The Commissioner may, upon an appeal made to him under sub-section (1), confirm, reduce, increase or annul the assessment against which such appeal was made.
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(4) Any person aggrieved by the decision of the Commissioner upon any appeal made to him under sub-section (1) may appeal from that decision to the Board of Review constituted under the principal Act and the provisions of that Act relating to appeals to the Board of Review shall, mutatis mutandis, apply to an appeal under this sub-section.
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Recovery of contributions.
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17.
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(1) In this section, ” contribution ” includes an instalment of the contribution, any sum required to be paid under section 9 and any penalties, fees or costs incurred.
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(2) Where the amount of any contribution is in default the Commissioner shall recover such amount in the same manner as income tax in default is recoverable under the principal Act and accordingly-
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(a) the provisions of section 109 of the principal Act shall, mutatis mutandis, apply as if such provisions were provisions of this Act and refer to the contribution payable under this Act instead of to income tax and as if the reference in that section to any other section of the principal Act were a reference to the provisions of that other section applied as it they were provisions of this Act in the manner indicated in this Act;
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(b) the provisions of section 110 of the principal Act shall, mutatis mutandis, apply as if such provisions were provisions of this Act and refer to collectors of contributions, contributions and collector of contributions instead of to tax collectors, tax and tax collector;
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(c) the provisions of section 111 of the principal Act shall, mutatis mutandis, apply as if such provisions were provisions of this Act and refer to the contribution payable under this Act instead of to income tax, and as if the reference in that section to any other section of the principal Act were a reference to the provisions of that other section applied as if they were provisions of this Act in the manner indicated in this Act;
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(d) the provisions of section 111A of the principal Act shall, mutatis mutandis, apply as if such provisions were provisions of this Act and refer to the contribution payable under this Act instead of to income tax and as if the reference to an appeal under Chapter XII of the principal Act were a reference to an appeal under this Act;
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(e) the provisions of section 112 and of section 113 of the principal Act shall, mutatis mutandis, apply as if such provisions were provisions of this Act and refer to the contribution payable under this Act instead of to income tax;
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(f) the provisions of section 114 of the principal Act shall, mutatis mutandis, apply as if such provisions were provisions of this Act and refer to the contribution payable under this Act instead of to income tax and as if the reference in that section to any Chapter of the principal Act were a reference to the provisions of that Chapter applied as if they were provisions of this Act in the manner indicated in this Act.
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Payments into the Fund.
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18.
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(1) All sums paid to or recovered by the Commissioner by way of contributions under this Act shall be paid by him to the Fund.
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(2) All sums recovered by the Commissioner by way of penalties imposed under this Act shall be paid by him into the Consolidated Fund.
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Issue of certificates.
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19. The Monetary Board of the Central Bank shall cause to be issued a certificate in respect of any instalment of the contribution paid by any person to the Fund. Such certificate, in the case of an employee, shall be sent to him through his employer.
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Interest.
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20. Every sum paid as an instalment of the contribution payable to the Fund shall, if it lies in deposit for not less than two years, carry in respect of the first two years interest at five per centum per annum and in respect of subsequent years interest at such rate as the Minister may determine. Interest shall accrue from the first day of the month immediately following the month in which the sum was paid to the Commissioner.
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Returns.
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21.
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(1) Every person who by this Act is required to pay a contribution to the Fund shall, on or before February 29, 1972, furnish to the Commissioner a return in the prescribed form of his income for the relevant period.
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(2) Every employer who by this Act is required to pay the contribution to the Fund of an employee shall, on or before February 29, 1972, furnish to the Commissioner a return in the prescribed form setting out the total amount paid to the Fund by such employer on behalf of such employee.
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Repayment of contribution.
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22.
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(1) Subject to the provisions of sub-section (2), sums paid to the Fund in respect of contributions under this Act may, in accordance with such terms as may be determined by the Minister of Finance, be repaid after the expiry of two years after the date of payment.
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(2) Any sums paid to the Fund by any person who is required by this Act to pay a contribution to the Fund may at any time be-
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(a) withdrawn by him before leaving Ceylon permanently; or
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(b) utilized by him for the payment of wealth tax under the principal Act for the year of assessment 1971/72; or
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(c) withdrawn after his death by his heir, executor or administrator; or
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(d) withdrawn for any such purpose as may be specified by the Minister by notification published in the Gazette.
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Refunds.
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23. If it is proved to the satisfaction of the Commissioner by claim made in writing on or before the thirty-first day of December, 1974, that any person has paid in respect of a contribution under this Act an amount in excess of the amount due from him, such person shall be entitled to a refund of the amount paid in excess.
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Power of Commissioner to call for information.
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24. The Commissioner or an Assessor shall have the power-
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(a) by notice in writing to require any person to furnish within the period specified in the notice, such information as the Commissioner or the Assessor may by the notice require for the purposes of this Act;
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(b) to require any person to produce for examination within a specified time any book, document, register or record which is under his control or in his possession and which in the opinion of the Commissioner or Assessor contains information useful for the purposes of this Act and to take copies of or make notes from such book, document, register or record.
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Offences.
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25.
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(1) Any person who-
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(a) being an employer, contravenes the provisions of sub-section (2) or sub-section (3) of section 7; or
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(b) being an employer, fails to comply with the provisions of section 8 or with any notice given to him under section 9; or
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(c) fails to comply with the provisions of sub-section (1) or sub-section (2) of section 10 or with any notice given to him under sub-section (3) of section 10; or
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(d) fails to comply with the provisions of sub-section (1) of section 21; or
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(e) being an employer, fails to comply with the provisions of sub-section (2) of section 21; or
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(f) furnishes for the purposes of this Act any information which is, or any book, document, register or record which is, to his knowledge untrue or incorrect; or
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(g) fails to comply with any direction given by the Commissioner or an Assessor under section 24,
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shall be guilty of an offence under this Act and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.
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(2) Where an offence under this Act is committed by a body of persons, then-
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(a) if that body of persons is a body corporate, every director and officer of that body corporate; or
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(b) if that body of persons is a firm, every partner of that firm,
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shall be guilty of that offence:
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Provided that a director or an officer of such body corporate or a partner of such firm shall not be deemed to be guilty of such offence if he proves that such offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
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Liability of manager agent &c., of employer for offences.
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26. Where an act or omission which constitutes an offence for which an employer is liable under this Act has in fact been committed or made by any manager, agent or other person, such manager, agent or other person shall be liable to be proceeded against for the offence, in the same manner as if he were the employer and either together with the employer or before or after the conviction of the employer and shall be liable to the like punishment as if he were the employer.
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Service of notices.
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27. A notice required by this Act to be served on any person may be served on such person by being sent by post to his last known place of abode or place at which he was last known to carry on any business and any notice so posted shall be deemed to have been served on the day succeeding the day on which it would have been received in the ordinary course of post.
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Forms.
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28. The Commissioner may from time to time prescribe the forms to be used for the purposes of this Act; and any form so prescribed may from time to time be amended or varied by the Commissioner or the Commissioner may for any form so prescribed substitute a new form.
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Interpretation.
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29. In this Act, unless the context otherwise requires-
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” Assessor ” means an Assessor of Inland Revenue appointed under the principal Act and includes a Senior Assessor or an Assistant Assessor;
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” authorized representative ” has the same meaning as in the principal Act;
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” Commissioner ” means the Commissioner of Inland Revenue appointed under the principal Act and includes a Deputy Commissioner and an Assistant Commissioner of Inland Revenue appointed under the principal Act and authorized by the Commissioner either generally or for some specific purpose to act on behalf of the Commissioner;
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” emoluments ” means the salary, wages or allowances (other than allowances given in reimbursement of expenses incurred in the performance of his duties) received by an employee in the course of his employment;
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” employee ” includes-
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(a) a person employed by a person residing outside Ceylon;
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(b) every person who holds a paid office as a servant of the Crown; and
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(c) the following persons: –
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(i) the President and Deputy President of the Senate,
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(ii) the Speaker, the Deputy Speaker, the Deputy Chairman of Committees, and the Leader of the Opposition, of the House of Representatives,
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(iii) the Clerk to the Senate, the Clerk to the House of Representatives or a member of the stall of the Clerk to the Senate or the Clerk to the House of Representatives,
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(iv) a Minister or a Parliamentary Secretary or the Chief Government Whip,
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(v) a Senator or a Member of Parliament by reason only of the fact that he receives any remuneration as a Senator or such Member,
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(vi) a member of the Public Service Commission,
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(vii) a member of the Judicial Service Commission,
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(viii) a director of a company or a Corporation;
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” employer ” includes the person responsible for the payment of the emoluments of an employee;
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” executor ” means an executor or administrator of a deceased person and includes-
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(a) any person who takes possession or intermeddles with the property of a deceased person;
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(b) every person who has applied, or is entitled to apply, to the District Court for the grant or resealing of probate or letters of administration in respect of the estate of a deceased person; or
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(c) a trustee acting under a trust created by the last will of the author of the trust;
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” family ” means a family within the meaning of section 19 of the principal Act;
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” head ” with reference to a family means the head of that family within the meaning of section 19 of the principal Act;
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” individual ” includes a Hindu undivided family and any executor or trustee in respect of income received by him as such executor or trustee;
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” non-resident ” has the same meaning as in section 54 of the principal Act;
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” principal Act ” means the Inland Revenue Act, No. 4 of 1963;
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” relevant period “-
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(a) in relation to income from employment, income from houses, and dividends, interest and annuities, means the period of twelve months ending on December 31, 1971;
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(b) in relation to income from sources other than the sources referred to in paragraph (a), means the period of twelve months ending on March 31, 1971, or where, for the purposes of the principal Act, the statutory income of that person from any trade, business, profession or vocation of that person is computed on accounts made up to any day in the year 1971, other than the thirty-first day of March of that year, the period ending on that day;
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” resident ” has the same meaning as in section 54 of the principal Act;
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” special income ” in relation to any person means-
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(a) any profits of that person, being the profits and income of any undertaking which are exempt from income tax under paragraph (i) or paragraph (ii) or paragraph (iii) or paragraph (iv) or paragraph (v) or paragraph (vi) or paragraph (vii) of sub-section (2) of section 6 of the principal Act;
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(b) the amount of any dividend paid to that person by any undertaking referred to in paragraph (a) out of the profits and income referred to in that paragraph;
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(c) the amount of any profits and income which are exempt from income tax under section 7 of the principal Act;
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(d) any income of that person from any house which under the National Housing Act is exempt from income tax;
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” trustee ” includes any executor, trustee, guardian, curator, manager or other person having the direction, control or management, of any property on behalf of any person.
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