Sri Lanka Consolidated Acts

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Students (Higher Education) Loans Act (No. 50 of 1983) - Sect 9

Duties of an employer of any recipient of a loan under this Act

9.
(1) Every employer, shall, within three months of the date of the coming into operation of this Act, circulate a notice to each of his employees who had secured employment on or after October 1, 1969, inquiring whether or not he had been in receipt of any bank loan for the purpose of higher education, and if so, requiring him to furnish particulars of such loan to the employer and to the General Manager of the bank from which such loan was obtained, and it shall be the duty of each such employee to furnish the said particulars within fourteen days of the receipt by him of such notice.
(2) Upon the coming into operation of this Act, every employer shall, before issuing a letter of appointment to any person selected for employment under such employer, by notice sent through registered post, require such person to declare whether or not he had been in receipt of any bank loan for the purpose of higher education, and if so, to furnish particulars of such loan to the employer and to the General Manager of the bank from which such loan was obtained. It shall be the duty of such person to furnish such particulars within thirty days of the receipt by him of such notice. If such person fails to furnish such particulars within the said period of thirty days, the employer shall not issue a letter of appointment to such person.
(3) Within fourteen days of the receipt of any particulars from any employee under subsection (1) or from a person selected for employment under subsection (2), the employer shall communicate such particulars to the General Manager of the bank concerned.
(4) Upon the receipt of a communication under subsection (3) or whore a specified bank has reasonable grounds to believe that an employee has been the recipient of a loan from such bank under this Act, the specified bank shall serve notice, by registered post on such employer that a certain sum of money shall be deducted from the salary of such employee whether in a lumpsum or in instalments and it shall be the duty of the employer, notwithstanding anything to the contrary in any other written Jaw or any contract between him and the employee to deduct such sum or sums in accordance with the requirements of such notice and to remit such sum or sums of money to the manager of such bank.
(5) Any employer, any employee or any person selected for employment, who fails to comply with the requirements of subsection (1) or subsection (2), or who furnishes false or in accurate particulars, shall be guilty of an offence, and shall on conviction by a Magistrate, be liable to a fine not exceeding one thousand rupees or to a term of imprisonment not exceeding six months or to both such fine and imprisonment.
(6) Where any letter or notice is sent through registered post under the provisions of section 8 or subsection (2) or (i) of this section, such letter or notice shall be deemed to have, been received by the addressee within seven days from the that to on which such letter or notice was posted.


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