22. The following section is hereby inserted immediately after section 59, and shall have effect as section 59A, of the principal enactment : -
| 59A.
| | (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 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-
| | | (a) with the approval of the Minister, direct in writing such first-mentioned person to refrain from having such work executed under such arrangement ; or |
| (b) direct in writing such first-mentioned person to furnish to the Commissioner before a specified date-
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| | (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) the first-mentioned person shall ensure that wages in accordance with the provisions of this Ordinance are paid to any worker employed by such other person in the execution of such work ; and |
| (b) where such other person fails to pay wages in accordance with the provisions of this Ordinance to any worker employed by him in the execution of such work, the first-mentioned person shall, unless he proves to the satisfaction of the court that he exercised all due diligence and took all practicable measures to ensure the payment of such wages by such other person, be liable to pay the wages due to that worker in accordance with the provisions of this Ordinance.". |
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Sri Lanka Consolidated Acts