3. The following new section is hereby inserted immediately after section 50B (inserted by Act No. 60 of 1957), and shall have effect as section 50C. of the principal enactment: -
| 50C.
| | (1) Where an employer has failed to keep or maintain any register or record necessary for the purposes of the calculation of any remuneration payable to any employee and which register or record is required by or under this Act to be kept or maintained, or fails when required to do so, to produce such register or record for examination or inspection, the Commissioner is hereby empowered to assess any short payment of remuneration payable to such employee 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 remuneration. | | |
| | (2) Where an employer makes default in the payment of any sum which he is liable to pay as remuneration under subsection (1) and the Commissioner is of opinion that it is impracticable or inexpedient to recover that sum under any other provision of this Act, 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 the sum in default 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 purpose of this section shall not be called in question or examined by the court in any proceeding 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.". | | |
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Sri Lanka Consolidated Acts