WAGES BOARDS

(a) He shall, subject as hereinafter provided, pay such wages in legal tender directly to the worker, without any deduction other than an authorized deduction, as hereinafter defined, made with the consent of the worker:

Provided that the aggregate of the deductions so made at any one time shall not exceed-

Provided, further, that nothing in the preceding provisions of this paragraph shall affect or be deemed to affect-

For the purposes of this paragraph a payment which, immediately after the wages are paid to the worker, is made out of the wages by the worker to the employer or to an agent of the employer, shall be deemed to be a deduction from the wages.

In this paragraph “authorized deduction” means a deduction made in such manner and subject to such conditions, if any, as may be prescribed in respect of-

(b) Subject to the provisions of subsection (1) of section 5, he shall fix the wage period (not exceeding one month) in respect of each worker employed by him and shall pay the wages for that period to that worker-

Provided, however, that where owing to the absence of any worker or to any other unavoidable cause, it is not possible to pay the wages of any worker within the time limited by this paragraph, he may retain such wages and shall thereafter pay such wages to that worker at the earliest possible opportunity. Nothing in this paragraph shall in any way affect the period of notice or warning necessary under any provision of written law other than this Ordinance for the termination of any contract.

(c) If on any date he terminates the employment of a worker or any worker lawfully terminates employment under him, he shall, before the expiry of the second working day after that date, pay the wages due to that worker.

(1) Subject to the provisions of subsection (2) of section 5, the employer of workers in any trade shall maintain and keep in the premises where that trade is carried on a clear and accurate record in writing (hereinafter referred to as a “wage record”), in respect of each wage period of such workers, specifying-

(2) Every person who as an employer maintains or has maintained under subsection (1) a wage record in respect of any wage period shall preserve such record for four years commencing on the last day of such period, and shall, when required to do so by the Commissioner of Labour or any prescribed officer, produce such record for inspection and furnish a true copy of such record or of any part of such record or permit such a copy to be made.

(1) Where an employer of any worker in any trade has Recovery of failed to maintain and keep in the premises where that trade is carried on the wage record required to be kept under subsection (1) of section 3, or fails, when required to do so under subsection (2) of that section, to produce such record for inspection, the Commissioner is hereby empowered to assess the wages or the short payment of wages, as the case may be, payable to such worker under this Ordinance on the basis of all the evidence both oral and documentary, available to him, and the provisions of subsection (2) shall apply where default is made in the payment of any such wages.

(2) Where an employer makes default in the payment of any sum which he is liable to pay under subsection (1), and the Commissioner is of opinion that it is impracticable or inexpedient to recover that sum under any other provisions of this Ordinance, then, he may issue a certificate containing particulars of the sum so due and the name and place of residence of the defaulting employer to the Magistrate having jurisdiction in the division in which such place is situated. The Magistrate shall thereupon summon such employer before him to show cause why further proceedings for the recovery of the sum due should not be taken against him, and in default of sufficient cause being shown, such sum shall be deemed to be a fine imposed on such employer by such Magistrate, and shall be recovered accordingly. Every sum so recovered shall be paid to the Commissioner.

(3) The correctness of any statement in a certificate issued by the Commissioner for the purposes of this section shall not be called in question or examined by the court in any proceedings under this section, and accordingly nothing in this section shall authorize the court to consider or decide the correctness of any statement in such certificate, and the Commissioner’s certificate shall be sufficient evidence that the amount due under subsection (1) from the defaulting employer has been duly calculated and that such amount is in default.

(1) Every employer who fails to comply with any provision of this Ordinance shall be guilty of an any offence and shall be liable-

(2) On conviction of an employer under subsection (1) of an offence in respect of any worker, the court may, in addition to any other sentence, order the employer to pay-

(2A) The surcharge payable on any sum referred to in paragraph (a) or paragraph (b) of subsection (2) shall be calculated as follows :-

(3) The power of the court to make an order under subsection (2) for the payment of any sum of money shall not be in derogation of any right of the worker to recover that sum by any other proceedings.

(1) With effect from the date on which a decision of a Wages Board under section 23 comes into force in respect of any trade, the provisions of paragraph (b) of section 2 shall cease to have effect in respect of that trade, in so far as they are inconsistent or in conflict with any such decision.

(2) The provisions of section 3 shall cease to have effect in respect of any trade with effect from the date on which a form of register under section 41 is prescribed for that trade.

(1) Subject to the provisions of section 7, the Minister may by order in writing apply the provisions of this Part of this Ordinance to any trade specified in such order.

The power conferred by the preceding provisions of this subsection shall be deemed to include the power to make from time to time an amending order for the purpose of varying in any manner the description of any trade specified in any earlier order.

(2) Every order under subsection (1) shall be published by notification in the Gazette and shall come into force on the date of such publication or on such later date as may be specified in such notification.

(1) No order under section 6 shall be made unless notification of the intention to make such order is published in the Gazette and in one Sinhala, one Tamil and one English newspaper, together with a notice specifying a date on or before which objections to the proposed order will be received by the Minister.

(2) Every objection preferred in consequence of a notice under subsection (1) shall be made in writing and shall contain a statement of the grounds upon which objection is taken to the proposed order.

(3) The Minister shall consider all objections made in consequence of a notice under subsection (1) and may for the purpose of investigating any such objection hold such inquiry as to him may seem necessary.

(1) The Minister may by Order published in the Gazette-

(2) No Order under paragraph (b) of subsection (1) shall be made unless notification of the intention to make such Order is published in the Gazette and in at least one Sinhala, one Tamil and one English newspaper, together with a notice specifying a date on or before which objections to the proposed Order will be received by the Minister.

(3) Every objection preferred in consequence of a notice under subsection (2) shall be made in writing and shall contain a statement of the grounds upon which objection is taken to the proposed Order.

(4) The Minister shall consider all objections made in consequence of a notice under subsection (2) and may for the purpose of investigating any such objection hold such inquiry as to him may seem necessary.

(5) Where the description of any trade for which a Wages Board has been established is varied on any date by an order made under subsection. (1) of section 6, that board shall be deemed to have been duly established on that date for the trade of the varied description.

(1) Subject to the provisions of subsection (7), every Wages Board shall consist of the Commissioner and of members representing employers in the trade for which the board is established, and members representing workers engaged in such trade, and of nominated members.

(2) The number of representative members of a Wages Board shall be determined by the Minister and one-half of such number shall be representatives of the employers and one-half shall be representatives of the workers. All representative members of a Wages Board shall be appointed by the Minister.

(3) Where the powers, duties and functions of any Wages Board are extended under section 8, the Minister may appoint an equal number of additional representative members to represent employers and workers, respectively.

(4) Any person may be appointed a representative member of a Wages Board notwithstanding that he is not an employer or a worker in the trade for which the board is established : Provided, however, that-

(5) Women shall be eligible for appointment as members of Wages Boards as well as men.

(6) Any person may be a member of more than one Wages Board.

(7) The Minister shall appoint to be nominated members of a Wages Board such number of persons (not exceeding three) as he may deem fit, No person who is an employer or a worker in any trade shall be appointed to be a nominated member of the Wages Board established for that trade.

(8) Where any member of a Wages Board is, through illness or other cause which the Minister considers reasonable, unable to attend meetings of that board, the Minister may appoint a person to act as a member of that board during the absence of the first-mentioned member.

(1) The Commissioner shall be the chairman of every Wages Board and shall preside at all meetings of such board : Provided, however, that in the absence of the Commissioner of Labour from any meeting of a Wages Board or during any stage of the proceedings thereof, a Deputy Commissioner of Labour or an Assistant Commissioner of Labour may, notwithstanding that he is not a member of that board, preside at that meeting on behalf of the Commissioner of Labour.

(2) The officer presiding at any meeting of a Wages Board shall not be entitled to vote on any question before that meeting.

(3) Every Wages Board shall have a secretary or two joint secretaries and may have an assistant secretary.

(1) The quorum for a meeting of a Wages Board hall consist of-

(2) Where in the attendance of members for the purpose of holding any meeting of a Wages Board, the number of members representing employers is greater or less than the number of members representing workers, the members representing employers or the members representing workers, whichever are in the majority, shall, before the meeting commences, choose from among themselves the member or members who shall refrain from voting at that meeting in order to ensure that the number of members representing employers who shall be entitled to vote at that meeting, and the number of members representing workers who shall be so entitled shall be equal:

Provided, however, that where the representative members who are in the majority are unable to agree among themselves as to which of them shall so refrain from voting, the member or members who shall refrain from voting at that meeting shall be chosen by lot to be drawn in the presence and under the directions of the chairman.

(3) A representative member of a Wages Board who has been chosen in accordance with the provisions of subsection (2) to refrain from voting at any meeting of a Wages Board shall not be entitled to vote at that meeting but shall be entitled to be present and to participate in any discussion at that meeting :

Provided, however, that such representative member shall be entitled to vote if, as a result of an increase in the attendance of members at any time during such meeting, the number of members present who represent employers is equal to the number of members present who represent workers.

(4) Every decision which a Wages Board is empowered or required to make under this Ordinance must be made by a majority of the members present and entitled to vote at any meeting of that board ; and no decision of a Wages Board shall be invalid, by reason merely of any informality or error of form, or failure to do anything required by this Ordinance to be done as preliminary to the making of such decision.

(5) The proceedings of a Wages Board shall not be invalidated by any vacancy in the number of the members of that board or by any defect in the appointment of any member.

(6) Subject to the provisions of this Ordinance and of any regulation, a Wages Board may regulate its own procedure.

(1) Every member of a Wages Board shall hold office for a period of three years from the date of his appointment:

Provided, however, that any member of the board (other than the Commissioner) may at any time resign from his membership of the board or be removed therefrom by the Minister ;

Provided further that-

(2) Any member of a Wages Board (other than the Commissioner of Labour) who is absent from three consecutive meetings of that board shall be deemed to have resigned his membership of that board on the fifteenth day after the date of the last of those meetings unless before that day he satisfies the Minister that his absence from each of those meetings was due to a reasonable cause. For the purposes of this subsection, ” meeting” includes a meeting which is not held for want of a quorum.

(3) Any person ceasing to be a member of a Wages Board shall be eligible for reappointment thereto.

(1) Regulations not inconsistent with any provision of this Ordinance may be made-

(2) Any regulation under subsection (1) may, as provided therein, apply to all Wages Boards or to any particular class of Wages Board or to any one or more specified Wages Boards.

(1) For the purpose of making any decision or furnishing any report on any matter which a Wages Board is empowered or required to make or furnish under this Ordinance, a Wages Board may hold such inquiry as it may deem necessary.

(2) For the purpose of holding any inquiry under subsection (1), the chairman of a Wages Board shall have the same powers as a District Court to enforce the attendance of any person and examine him on oath and to enforce, the production of any relevant document ; and the provisions of the Civil Procedure Code relating to the powers of a civil court in respect of the matters aforesaid shall apply accordingly.

(3) Nothing in the preceding provisions of this section shall be deemed to require or permit any person to disclose any information or to produce any document in any case where the disclosure or production by that person of such information or document is prohibited by or under the provisions of any written law other than this Ordinance.

(1) Where in any inquiry held by a Wages Board under section 16 or in any other proceedings before a Wages Board under this Ordinance, any information is given or any document produced by any person and a request is made by or on behalf of that person that such information or document or the contents of such document should be treated as confidential, the chairman of the board shall order that such information or document be treated as confidential.

(2) No member of a Wages Board or other person present at or concerned in any proceedings before a Wages Board shall in any way disclose any information or document in respect of which an order has been made under subsection (1), or the contents of any such document, except with the written consent of the party at whose request such order was made.

(1) A Wages Board established for any trade may, with the approval of the Minister and in accordance with regulations, constitute a District Wages Committee for that trade in any area or district in Sri Lanka.

(2) Every District Wages Committee shall consist of-

(3) The Commissioner, or in his absence the Deputy Commissioner, or, in the absence of both of them, any person authorized by the Commissioner under para graph (c) of subsection (2) shall preside at all meetings of a District Wages Committee.

(4) The proceedings of a District Wages Committee shall not be invalidated by any vacancy in the number of members of that committee or any defect in the appointment of any member.

(5) Regulations may be made with respect to the tenure of office of members of District Wages Committees, the filling of vacancies in the membership of such committees, the procedure to be followed at meetings of such committees, and the form and manner in which reports made by such committees shall be furnished ; but subject to the provisions of this Ordinance and of any such regulation, a District Wages Committee may regulate its own proceedings.

(1) In respect of the trade for which it is established, every Wages Board shall, subject to the provisions of subsection (3), determine a minimum rate of wages for time-work (hereinafter referred to as ” a general minimum time-rate”) and may also determine all or any one or more of the following rates of wages:-

(2)

(3) Where a Wages Board is in any case unable, before the expiry of a period of one year from the date on which that board is established, to determine a general minimum time-rate as required by subsection (1), the board shall report the fact to the Minister, and the Minister may, so far as respects that case, exempt that board from determining such rate, and make an order under section 33.

(1) Where a worker who is employed in any trade for which a Wages Board has been established and who is paid wages at an hourly or daily rate determined by that board, works on any day (including a holiday on which he is required to work) for less than the number of hours constituting a normal working day, he shall be deemed to have worked for the full normal working day and his wages shall be computed accordingly, unless his failure to work for the normal working day is due to his unwillingness to work or such other circumstances as that board may determine and not due to the omission of his employer to provide him with work. Where, due to such unwillingness or such circumstances and not to such omission, he works on any day for a period which is less than the number of normal working hours of that day, his employer shall pay him as remuneration for that period a sum which bears to the amount of the remuneration which would be payable to him if he had worked for that number of normal working hours the same proportion as that period bears to that number of normal working hours.

(2) Where a worker who is employed in any trade for which a Wages Board has been established and who is paid wages at a weekly or monthly rate determined by that board, does not work at all on any day or works on any day (including a holiday on which he is required to work) for less than the number of normal working hours of that day, he shall be deemed to have worked for the full normal working day and his wages shall be computed accordingly, unless his failure to work at all on that day or to work for the full normal working day is due to his unwillingness to work or such other circumstances as that board may determine and not due to the omission of his employer to provide him with work. Where, due to such unwillingness or such circumstances and not to such omission, he works on any day for a period which is less than the normal working hours of that day, his employer shall,-

(1) Any Wages Board may, in respect of the trade for which it is established, determine the period of work (not in any case exceeding one month) in respect of which wages shall be paid to workers, and specify the number of days from the end of such period within which wages shall be so paid.

(2) Nothing in subsection (1) or in any decision thereunder shall in any way affect the period of notice or warning necessary under any provision of written law other than this Ordinance for the termination of any contract.

(1) Any Wages Board may, in respect of the trade for which it is established-

(1A) Where a holiday is determined under paragraph (c) or paragraph (d) of subsection (1)-

(2) The number of hours constituting a normal working day fixed by a Wages Board in respect of the trade for which it has been established shall not-

Provided, however, that a Wages Board may, taking into consideration the nature of the work performed by any special class of workers in the trade for which that board has been established, fix the number of hours constituting a normal working day in respect of that class of workers to be such number exceeding twelve as that board deems fit.

(3) The number of working hours constituting a normal working week shall not exceed forty-eight.

(4) Subject to the provisions of subsection (2), a Wages Board may, in respect of the trade for which it has been established, fix the number of hours constituting a normal working day differently for the different days of the week, differently for the different classes of workers in such trade, and differently for the different areas in which such trade is carried on.

(5) The period constituting a normal working day fixed by a Wages Board in respect of the trade for which that board has been established shall be a continuous period unless that board decides otherwise. Where that board decides that such period need not be a continuous period, every employer of workers in such trade shall so arrange that period that it shall not spread over a time exceeding twelve hours or such less number of hours as that board may determine:

Provided, however, that the preceding provisions of this subsection shall not apply in regard to the period constituting a normal working day fixed by a Wages Board under the proviso to subsection (2).

(6) The interval allowed to any workers for the purposes of the principal meal shall commence at some time after the third hour and before the penultimate hour of the number of hours constituting the working day on which that interval occurs.

(1) A Wages Board may, in respect of the trade for which it has been established-

(2) Where any decision under subsection (1) has been made, then, subject to the provisions of subsection (3)-

(3) Where the employment of a worker who has become entitled to any holiday or holidays in any year under subsection (2) is terminated by the employer of that worker or is lawfully terminated by that worker, then, if the employer has not allowed that worker such holiday or holidays, the employer shall be liable to pay the remuneration payable in respect of such holiday or holidays under that subsection to that worker or, if that worker dies before receiving such remuneration, to the legal heirs of that worker.

(4) Where a worker employed in any trade becomes entitled to any holiday or holidays in any year under subsection (2) and dies while so employed without having taken such holiday or holidays, the employer shall be liable to pay such remuneration as may have been payable to that worker in respect of such holiday or holidays under that subsection to the legal heirs of that worker.

(5) In this section,” year “, with reference to any decision of a Wages Board under this section, means a period of twelve months commencing on the first day of such month as the may determine or, where that board does not so determine, the first day of January.

(1) Where a Wages Board proposes to make a decision, the board shall cause the proposed decision decisions by to be published in the Gazette and in one Sinhala, Wages one Tamil and one English newspaper, together with a notice specifying a date on or before which objections to the proposed decision will be received by the board.

(2) Every objection preferred in consequence of a notice under subsection (1) shall be made in writing and shall contain a statement of the grounds upon which objection is taken to the proposed decision.

(3) The Wages Board shall consider all objections made to a proposed decision in consequence of a notice under subsection (1) and may confirm that decision with or without any amendment.

(1) Every decision made by a Wages Board and confirmed under section 28 shall-

(2) The Minister may refer back to a Wages Board for reconsideration any decision transmitted to him under subsection (1) and in every such case the Wages Board shall reconsider the decision and, after such amendment thereof as it may consider desirable, return the decision to the Minister.

(3) No decision transmitted to the Minister under subsection (1) or returned to him under subsection (2) shall have effect unless it has been approved by the Minister. Every decision which has been approved by the Minister shall, together with a notification of such, approval, be published in the Gazette and in one Sinhala, one Tamil and one English newspaper.

(4) Any decision which is approved by the Minister shall come into force on the date on which the notification of such approval is published in the Gazette or on such later date as may be specified in such notification.

(1) Where it appears to the Minister-

(2) Upon the publication in the Gazette of an Order under subsection (1), the Commissioner shall proceed to determine a general minimum time-rate for workers in the trade specified in the notification and shall for such purpose have the same powers as a Wages Board established for that trade.

(3) The provisions of sections 27, 28 and 29 of this Ordinance shall, mutatis mutandis, apply to every determination by the Commissioner under this section, and when any such determination has come into force under the provisions of section 29 as so applied, it shall be deemed for all the purposes of this Ordinance to be a determination duly made by the Wages Board.

(1) Where a Wages Board established for any trade is abolished and the powers, duties and functions of any other Wages Board are extended to that trade by an Order made under paragraph (b) of subsection (1) of section 8, such of the decisions of the first-mentioned board as relate to that trade and are in force at the date of that Order shall continue in force as if they had been made by such other board subject to their rescission or variation by that board.

(2) Where, by an order made under subsection (1) of section 6, the description of any trade for which a Wages Board has been established is varied by the exclusion of certain activities and where thereafter those activities are included in, or constitute, the description of any other trade to which the provisions of Part II of this Ordinance are applied under that section, such of the decisions of that board as relate to those activities and are in force at the date of that order shall, on the establishment of a Wages Board for the other trade aforesaid, continue in force as if they had been made by the last-mentioned board subject to their rescission or variation by such board.

(a) where a worker resides on the premises of the employer he shall not be deemed to be employed during any time during which he is present on the premises by reason only of the fact that he is so resident; and

(b) a worker while present during normal meal times in a room or place in which no work is being done shall be deemed to be present for a purpose unconnected with his work.

(1) Any person who, by way of trade or for any commercial purpose, makes any arrangement express or implied with any other person in pursuance of which such other person performs any work to which a minimum rate of wages is applicable, shall be deemed, for the purposes of this Ordinance, to be the employer of such other person in respect of that work ; and the net remuneration obtainable by such other person in respect of the work, after allowing for his necessary expenditure in connexion with the work, shall be deemed to be wages.

(2) In this section ” trade means any commercial undertaking or enterprise.

(1) Where the Commissioner, or any other officer whom the Commissioner may authorize in writing for the purposes of this section; is satisfied that any worker employed or desiring to be employed in any work to which a minimum rate of wages is applicable, is affected by any infirmity or physical injury which renders him incapable of earning that minimum rate, the Commissioner or such officer may, if he thinks fit, grant to that worker, subject to such conditions as may be prescribed, a permit exempting the employment of that worker from the provisions of this Ordinance relating to the payment of wages at less than the minimum rate.

(2) While any permit granted under subsection (1) is in force, in respect of the employment of any worker the employer shall not be liable to any legal proceedings for paying wages to that worker at less than the minimum rate so long as the permit is in force and the conditions subject to which the permit was issued are complied with.

(3) Any permit granted under subsection (1) to any worker may at any time be revoked by the Commissioner or any officer authorized as aforesaid, after giving notice in the prescribed manner to the employer of that worker.

(1) A Wages Board established for any trade may determine the conditions subject to which any workers may be employed in that trade as apprentices or learners.

(2) Where a Wages Board established for any trade determines any conditions under subsection (1), every employer in that trade shall fulfil those conditions in employing any worker in that trade as an apprentice or a learner.

(3) No employer in any trade for which a Wages Board has been established shall, without the written permission of the Commissioner of Labour, employ a worker in that trade as an apprentice or a learner. Such permission may be granted generally in regard to the employment of workers as apprentices or learners or specifically in regard to the employment of workers as apprentices or learners of any particular class.

(4) Where the Commissioner of Labour is satisfied that an employer in any trade for which a Wages Board has been established does not provide facilities for the training of apprentices or learners, or does not fulfil such conditions as are determined by that board under subsection (1), or does not observe the provisions of subsection (5), the Commissioner of Labour may withdraw any permission granted by him to that employer under subsection (3).

(5) Where a worker in any trade, being a person to whom a minimum rate of wages is applicable, is employed as an apprentice or a learner, his employer shall not receive directly or indirectly from him, or on his behalf, or on his account, any payment by way of premium :

Provided that the preceding provisions of this subsection shall not apply to any such payment duly made not later than four weeks after the commencement of the employment in pursuance of any agreement in writing entered into at or about the time of such commencement.

(1) The employer of workers in any trade for which a Wages Board is established shall, in respect of each wage period, maintain and keep in the premises in which that trade is carried on, one or more registers showing-

(1 A) The particulars which are required by subsection (1) to be entered in respect of a wage period in a register maintained under that subsection shall be entered forthwith after the expiry of that wage period, and the particulars entered in such register under paragraphs (d) and (e) of that subsection shall be in respect of each day of the wage period to which those particulars relate.

(2) Every person who as an employer maintains or has maintained under subsection (1) any register in respect of any [§ 3,27 of 1962] wage period shall preserve such register for a period of four years commencing on the last day of such wage period, and shall, when required to do so by the Commissioner of Labour or any prescribed officer, produce such register for inspection and furnish a true copy of such register or of any part of such register or permit such a copy to be made.

(1) Every employer who fails to pay wages to any worker in accordance with the provisions of section 21, shall be guilty of an offence and shall be liable-

shall in addition be liable to a fine not exceeding fifty rupees for each day on which the offence is continued after conviction.

(2) Every employer who, in any case other than that referred to in subsection (1), fails to make to any worker any payment in accordance with any provision of this Part of this Ordinance or of any decision of a Wages Board, shall be guilty of an offence and shall be liable-

(3) On conviction of an employer under subsection (1) or subsection (2), the court may in addition to any other sentence, order the employer to pay-

(4) The power of the court to make an order under subsection (3) for the payment of any sum of money shall not be in derogation of any right of the worker to recover that sum by any other proceedings.

(1) Where an employer has been convicted for failing to pay any sum in accordance with the provisions of this Ordinance, to any worker, then, if a notice in the prescribed form of intention so to do has been served on the employer at any time before the date of commencement of the trial, evidence may be given of any failure on the part of the employer to pay any sum in accordance with the provisions of this Ordinance to that worker or to any other worker or workers at any time during the four years preceding the date on which complaint under section 136 of the Code of Criminal Procedure Act, No. 15 of 1979 was made to court of the offence of which the employer has been so convicted and, on proof of the failure, the court may order the employer to pay such sum as may be found by the court to be due from him to such worker or workers. Any sum ordered to be paid under this subsection may be recovered in the same manner as a fine.

(2) The power of the court to make an order under subsection (1) shall not be in derogation of any right of the worker to recover any sum due to him by any other proceedings.

(3) Where a worker has not been paid the whole or a part of the amount of any wages or payments required by this Ordinance or by a decision of a Wages Board to be paid or made to him by his employer, the Commissioner of Labour may, if he thinks fit so to do, by written notice require such employer to pay such amount or the balance of such amount to the Commissioner of Labour within the time specified in the notice so that the Commissioner of Labour may remit it to such worker. Where such employer when served with such notice pays such amount or such balance directly to such worker instead of transmitting it to the Commissioner of Labour as required by such notice, he shall be deemed not to have paid such amount or such balance to such worker.

(a) any employer is prosecuted for the failure to pay any sum in accordance with the provisions of this Ordinance to any worker, or

(b) in any case in which any employer is convicted for failing to pay any sum in accordance with the provisions of this Ordinance to any worker evidence is given, under subsection (1) of section 46, of any other failure of that employer to pay any sum in accordance with the provisions of this Ordinance to that worker or any other worker or workers, the burden of proving that the sum was paid shall lie on the employer.

(1) Every employer who-

(2) On the conviction of an employer under subsection (1) for committing a breach of such condition of a permit issued in respect of a worker under section 39 as requires the payment of wages to that worker at a rate not less than the rate specified in that permit, the court may, in addition to any other sentence, order that employer, where no portion of the wages due to that worker has been paid, to pay such wages, or, where only a portion of such wages has been paid, to pay the balance. Any sum ordered to be paid under this subsection may be recovered in the same manner as a fine.

(3) On the conviction of an employer under subsection (1) of the offence of failing or refusing to allow a worker any holiday required to be allowed to that worker under any decision of a Wages Board, the court may, in addition to any other sentence, order the employer, where no portion of the remuneration due to that worker in respect of that holiday has been paid, to pay such remuneration, or, where only a portion of such remuneration has been paid, to pay the balance. Any sum ordered to be paid under this subsection may be recovered in the same manner as a fine.

(1) Every employer who dismisses any worker from his Dismissal of employment by reason merely of the fact that the worker-

(2) In every prosecution of an employer for an offence under subsection (1) the burden of proving that the worker was dismissed by reason of some fact other than a fact mentioned in that subsection shall be upon that employer.

(1) Every employer who receives any premium in contravention of any provision of section 40 shall be guilty of an offence and shall be liable to a fine not exceeding two hundred rupees or to imprisonment of either description for a term not exceeding three months or to both such fine and imprisonment.

(2) The court may in addition to any sentence imposed under subsection (1) order the employer to pay the sum found to have been received by him in contravention of the provisions of section 40. Any sum ordered to be paid under this subsection may be recovered in the same manner as a fine.

(1) There may be appointed such number of officers and servants as may from time to time be required for the purpose of carrying out or giving effect to the provisions of this Ordinance.

(2) The appointment of any person under subsection (1) may be made by name or by office.

(1) The Commissioner may at any time direct to call for the workers in any trade or class of trade or any person giving out work to outworkers in any trade, or every person giving out work to outworkers in any class of trade, to furnish to the Commissioner before a specified date-

(2) A direction under subsection (1) may be given [§ 25,5 of 1953] by notice published in the Gazette and in two or more newspapers circulating in Sri Lanka.

(3) Any employer or other person furnishing any return or information under subsection (1) may transmit together with the return or information a request in writing that such return or information should be treated as confidential and, where such a request is made, the return or information to which the request relates shall not be disclosed without the consent previously obtained of the employer or person who made the request.

(4) No information (whether contained in a return or not) furnished under subsection (1) shall be so arranged, in any report made or publication issued by or with the authority of the Commissioner, as to facilitate the identification of the information as being information relating to any individual employer or person.

(5) Nothing in the preceding provisions of this section shall be deemed to require or permit any person to disclose any information or to produce any document in any case where the disclosure or production by that person of such information, or document is prohibited by or under the provisions of any written law other than this Ordinance.

(1) Subject to such conditions and restrictions as may be prescribed every prescribed officer shall have power-

(2) Where a Wages Board has been established for any trade in which any labourer as defined by section 3 of the Estate Labour (Indian) Ordinance is employed, any agent appointed under section 8 of the Indian Immigrant Labour Ordinance and any officer authorized by him in writing shall be deemed, as respects that trade, to be officers prescribed under subsection (1) and shall have and may exercise accordingly all the powers of a prescribed officer under that subsection.

(a) a suit for the recovery of any sum due under this Ordinance from any employer to any worker may be instituted in a court of competent jurisdiction in the name of the Commissioner of Labour or in the name of a trade union which is registered under the Trade Unions Ordinance and of which that worker is a member;

(b) any sums due under this Ordinance from an employer to two or more workers may be sued for in a single suit instituted in the name of the Commissioner of Labour or in the name of a trade union which is registered under the Trade Unions Ordinance and of which those workers are members;

(c) a suit for the recovery of any sum due under this Ordinance from any employer to any worker shall be maintainable if it is instituted within four years after [§5, 27 of 1962] that sum has become due;

(d) in any such suit instituted in the name of the Commissioner of Labour, he may be represented by any Deputy or Assistant Commissioner of Labour or any inspector of labour; and

(e) in any such suit instituted in the name of a trade union, such union may be represented by any of its officers.

(a) fails to furnish the .means required by an officer as necessary for any entry or inspection or the exercise of his powers under section 55; or

(b) hinders or molests any officer in the exercise of the powers conferred by that section; or

(c) refuses or fails without adequate reason to produce any register, record of wages or notice, or give any information which any officer requires him to produce or give under the powers conferred by that section; or

(cc) prevents or attempts to prevent any other person from answering any question put by a prescribed officer to such other person during an examination of such other person under subsection (1) of section 55; or

(d) makes or causes to be made any register, record of wages or notice which is false in any material particular, or produces or causes or knowingly allows to be produced any such register, record or notice, to any officer acting under the powers conferred by that section, knowing the same to be false; or

(e) furnishes any information to any officer acting under the powers conferred by that section, knowing the same to be false; or

(f) makes default in complying with any direction given by the Commissioner under section 54, or who, when called upon to furnish a return under that section, knowingly makes or furnishes, or causes to be made or furnished, a false return or a return containing any false statement; or

(g) in any case for which no penalty is specially provided, commits a breach of any provision of this Ordinance or of any regulation, shall be guilty of an offence and shall 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.

(1) Where an offence for which an employer is liable under this Ordinance has in fact been committed by some agent of the employer or other person, that 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, or before or after the conviction of the employer, and shall be liable on conviction to the same punishment as that to which the employer is liable.

(2) Where an employer who is charged with an offence under this Ordinance, proves to the satisfaction of the court that he has used due diligence to enforce the execution of this Ordinance and that the offence was in fact committed by his agent or some other person without his knowledge, consent or connivance, he shall be exempt from any penalty in respect of the offence, without prejudice however to the power of the court under section 44 (3) or section 46 (1) to order him to pay any sum which appears to be due to the worker on account of wages.

(1) Where any person, by way of trade or for any commercial purpose, makes any arrangement, express or implied, with any other person for the execution by such other person of any work and where in pursuance of such arrangement such by way of trade or other person employs workers for the execution of such work, the Commissioner, after such inquiry as he may deem necessary, may, where he considers it expedient so to do-

(2) Every person who makes default in complying with any direction given by the Commissioner under subsection (1) shall be guilty of an offence and shall 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, and shall, where the default is in respect of any direction given under paragraph (a) of subsection (1), be liable in addition to a fine not exceeding one hundred rupees for each day on which the offence is committed after conviction.

(3) Where any person, by way of trade or for any commercial purpose, makes any arrangement, express or implied, with any other person for the execution by such other person of any work, then-

(a) with the written sanction of the Commissioner, and with in six years of

(b) within six years of the commission of the offence.

(1) the Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Ordinance.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters :-

(3) Every regulation made by the Minister shall be brought before Parliament by a motion that such regulation shall be approved. No regulation, made by the Minister shall have effect until it has been approved by Parliament. Notification of such approval shall be published in the Gazette.

(4) A regulation made by the Minister when approved by Parliament shall, upon notification of such approval in the Gazette, be as valid and effectual as if it were herein enacted.