Employees’ Provident Fund (Amendment)



Employees’ Provident Fund (Amendment)
AN ACT TO AMEND THE EMPLOYEES’ PROVIDENT FUND ACT, NO. 15 OF 1958.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[5th May
, 1981
]
Short title.

1. This Act may be cited as the Employees’ Provident Fund (Amendment) Act, No. 26 of 1981.

Amendment of section 10 of Act No. 15 of 1958.

2. Section 10 of the Employees’ Provident Fund Act, No. 15 of 1958 (hereinafter referred to as the ” principal enactment”) as amended by Act No. 8 of 1971, is hereby further amended as follows :

(1) in subsection (1) of that section, by the substitution for the words “six per centum”, of the words ” eight per centum ” ; and

(2) in subsection (2) of that section, by the substitution for the words ” nine per centum”, of the words ” twelve per centum “.

Replacement of section 16 of the principal enactment.

3. Section 16 of the principal enactment is hereby repealed and the following section substituted therefor:

” Imposition of surcharge on employers on failure to pay contributions on due date.

16. Where contributions payable under this Act in respect of any month have not been made to the Fund before the last day of the succeeding month and the employer is unable to explain to the satisfaction of the Commissioner that the failure to pay such contributions was due to circumstances beyond his control, he shall be liable to pay to the Fund, in addition to the amount of the contributions due, a surcharge on such amount calculated in the following manner :

(a) where the contributions are in arrear for a period not exceeding ten days, a surcharge of five per centum of the amount of the contributions due;

(b) where the contributions are in arrear for a period exceeding ten days but not exceeding one month, a surcharge of fifteen per centum of the amount of the contributions due;

(c) where the contributions are in. arrear for a period exceeding one month but not exceeding three months, a surcharge of twenty per centum of the amount of the contributions due ;

(d) where the contributions are in arrear for a period exceeding three months but not exceeding six months, a surcharge of thirty per centum of the amount of the contributions due;

(e) where the contributions are in arrear for a period exceeding six months but not exceeding twelve months, a surcharge of forty per centum of the amount of the contributions due;

(f) where the contributions are in arrear for a period exceeding twelve months, a surcharge of fifty per centum of the amount of the contributions due.”.

Retrospective effect.

4. The amendments made to the principal enactment by sections 2 and 3 of this Act shall be deemed to have come into force on January 1, 1981.