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| Sri Lanka Bureau Of Foreign Employment (Amendment) |
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AN ACT TO AMEND THE SRI LANKA BUREAU OF FOREIGN EMPLOYMENT ACT, NO. 21 OF 1985
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : –
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[23rd February
, 1994 ]
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Short title.
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1. This Act may be cited as the Sri Lanka Bureau of Foreign Employment (Amendment) Act, No. 4 of 1994.
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Amendment of section 42 of act No. 21 of 1985.
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2. Section 42 of the Sri Lanka Bureau of Foreign Employment Act, No. 21 of 1985 (hereinafter referred to as the ” principal enactment”) is hereby amended by the additional, immediately after paragraph (c) of subsection (1) of that section, of the following paragraph:-
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” (d) such documents as it may require in relation to the business of foreign employment agency carried on by the licensee. “.
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Amendment of section 44 of the principal enactment.
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3. Section 44 of the principal enactment is hereby amended by the addition immediately after subsection (4) of that section, of the following paragraph : ”
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‘ (5) For the purpose of this section ” licensee”, includes a person to whom a licence has been issued under this Act, whether or not such licence is in force on the date on which a complaint is made, or an inquiry is held, or an action is instituted or continued, against such person, under this section.’.
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Amendment of section 51 of the principal enactment.
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4. Section 51 of the principal enactment is hereby amended as follows: ”
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(1) by the repeal of subsection (1) of that section and the substitution therefor of the following subsection : ” ”
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(1) Every person who is recruited for employment outside Sri Lanka shall pay the Bureau such sum as may be determined by the Minister, by Order published in the Gazette, for the category under which such employment fails. Different sums may be determined by the Minister in respect of different categories of employment, having regard to the skills required for employment in that category and other relevant circumstances.
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(2) by the repeal of subsection (4) of that section and the substitution therefor of the following subsection :-
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” (4) Where a licensee has provided or secured employment for any person outside Sri Lanka the Bureau shall, pay out of the sum paid to it by such person under subsection (1) ”
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(a) an amount equivalent to seventy per centum of such sum to such licensee ; and
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(b) an amount equivalent to ten per centum of such sum to the Workers Welfare Fund, established under section 45,
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and shall retain the balance “.
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Amendment of section 56 of the principal enactment.
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5. Section 56 of the principal enactment is hereby amended in subsection (1) of that section by the substitution for the words ” consisting of the President, Secretary, Treasurer and three other members”‘, of the words ” consisting of the President, Vice-President, Secretary, Assistant Secretary, Treasurer and four other members “.
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Insertion of new section 60A in the principal enactment.
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6. The following new section is hereby inserted immediately after section 60 and shall have effect as section 60A of the principal enactment: ”
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“Bureau deemed to be a scheduled institution within the meaning of the Bribery Act.
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60A. The Bureau shall be deemed to be a scheduled institution within the meaning, and for the purposes, of the Bribery Act, and the provisions of that Act, shall be construed accordingly. “.
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Amendment of section 62 of the principal enactment.
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7. Section 62 of the principal enactment is hereby amended in subsection (2) of that section by the substitution for all the words from ” shall on conviction ” to the end to that subsection, of the words “shall on conviction after summary trial by a Magistrate be liable to a fine not less than twenty thousand rupees and not exceeding one hundred thousand rupees and an additional fine of one thousand rupees for each day on which such offence is continued after conviction.”.
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Amendment of section 67 of the principal enactment.
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8. Section 67 of the principal enactment is hereby amended in paragraph (a) of that section by the substitution for the words and figures ” the provisions of section 35 or section 36 or section 40 (1) or section 41 or section 53 ; “, of the words and figures ” the provisions of section 35 or section 35 or section 37 or section 40(1) or (2) or section 41 or section 53 :”,
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Insertion of new section 67A in the principal enactment.
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9. The following new section is hereby inserted immediately after section 67 and shall have effect as section 67A of the principal enactment :-
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” General penalties.
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67A.
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(1) Any person who contravenes, or fails to comply with, any provision of this Act or any regulation, direction or requirement made or given thereunder shall be guilty of an offence under this Act.
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(2) Every person who is guilty of an offence under this Act for which no punishment is expressly prescribed by any other provision of this Act, shall be liable on conviction after summary trial, by a Magistrate to a line not exceeding one thousand rupees or to imprisonment of either description for a term not less than twelve months and not exceeding two years.”.
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Amendment of section 72 of the principal enactment.
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10. Section 72 of the principal enactment is hereby amended as follows:-
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(a) by the substitution in the definition of ” business of a foreign employment agency ” for the words “for the purpose of finding persons for employment with employers”, of the words ”for the purpose of finding persons for employment (including apprenticeship and training) with employers “;
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(b) by the substitution in the definition of “private sector undertaking” for the words “carried on by a self employed person”, of the words “carried on by an individual”.
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Sinhala text to prevail in case of inconsistency.
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11. In the event of any inconsistency between the Sinhala and Tamil texts of this Act the Sinhala text shall prevail.
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