7.
| (1) Where on an application made for the payment of gratuity or other monetary benefits by an Indian repatriate or on his behalf by a trade union, the Commissioner is satisfied after such inquiry as he deems necessary that any employer has failed or refused to notify an. Indian repatriate of the amount of gratuity or other monetary benefits due to such repatriate as required by this Law, or has notified an incorrect amount, the Commissioner shall issue a. certificate specifying the amount of gratuity and other monetary benefits due to such repatriate from such employer. A copy of such certificate shall be sent by post to such repatriate and his employer, |
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| (2) The correctness of any statement in the certificate issued by the Commissioner under subsection (1) or the authority of the Commissioner to issue such certificate shall not be called in question in any court or tribunal by writ or otherwise. |
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| (3) Where an employer fails or refuses to pay the amount of gratuity and other monetary benefits due to any Indian repatriate under or as required by this Law , the Commissioner shall have the power to make the payment of such amount of gratuity and other monetary benefits to such repatriate from the Advance Account" Fund and notify such payment to the employer of such repatriate and to the Tea Commissioner or Rubber Controller, as the cast may be |
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| (4) Where the Commissioner makes any payment to any Indian repatriate from the Advance Account Fund under subsection (3), the employer of such repatriate shall be liable to pay to the Commissioner a surcharge on such payment In a sum, not exceeding fifty per centum of the amount as paid by the Commissioner to such repatriate, as the Commissioner may determine. |
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| (5) Where the Commissioner makes any payment to any Indian repatriate under subsection (3), he shall notify such payment and the amount of surcharge payable thereon by the employer of such repatriate to such employer and the Tea Commissioner or the Rubber Controller, as the case may be, |
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| (6) Where a notification under subsection (5) is received from the Commissioner, the Tea Commissioner or the Rubber Controller, as the case may be, shall have the power to pay to the Commissioner the amounts specified in such notification as payment of gratuity made to an Indian repatriate and surcharge payable thereon, from any monies payable to the employer of such repatriate under the Capital Fund or the Rubber Replanting Subsidy Fund, as the case may be. |
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Sri Lanka Consolidated Acts