Sri Lanka Consolidated Acts

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National Housing (Amendment) Act (No. 36 of 1966) - Sect 30

Insertion of new section 94A in the principal Act. [ 10, 42 of 1958.]

30. The following new section is hereby inserted immediately after section 94, and shall have effect as section 94A, of the principal Act:-
94A.
(1) Any person who is liable to pay any sum under this Act to the Commissioner may, by written notice, inform the Commissioner that he desires that such sum shall be recovered out of his remuneration from employment.
(2) Where the Commissioner receives a notice from any person under subsection (1), he shall, if he is of the opinion that the method of recovery referred to in that subsection is a satisfactory method of recovery, direct in writing the employer of that person to deduct and pay to the Commissioner out of the remuneration payable by that employer to that person such amount, in such manner, and at such intervals, as may be specified in the direction.
(3) Every employer who receives a direction under subsection (2) shall forthwith comply with that direction.
(4) Where any person in respect of whom a direction under subsection (2) is in force is about to leave, or leaves, the employment of his employer, the employer shall forthwith-
(a) if the remuneration due to such person exceeds the sum liable to be paid under such direction to the Commissioner, deduct that sum from such remuneration and pay that sum to the Commissioner ; and
(b) if such remuneration does not exceed that sum, pay the amount of such remuneration to the Commissioner.
(5) Where for any reason an employer of any person is unable to comply with a direction given under subsection (2), be shall inform the Commissioner forthwith in writing of his inability to do so and the reason therefor.
(6) Every employer who deducts an amount from the remuneration of any person by virtue of the preceding provisions of this section shall, on written request made by such person, issue to him a certificate to the effect that such deduction has been made.
(7) Every employer who contravenes any of the preceding provisions of this section shall be guilty of an offence 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 period not exceeding one year or to both such fine and such imprisonment.
(8) Where any offence under the preceding provisions of this section is committed by a body of persons, then-
(a) if the body of persons is a body corporate, every director and officer of that body corporate, and
(b) if the body of persons is a firm, every partner of that firm,
(9) No prosecution for an offence under this section shall be instituted except by or with the written sanction of the Commissioner.
(10) Nothing in the preceding provisions of this section shall affect, or be deemed or construed to affect, the right of the Commissioner to recover in any other manner or by any other procedure applicable in that behalf, any sum which is liable to be paid to him under this Act and in respect of which he has given a direction under subsection (2).".

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