Sri Lanka Consolidated Acts

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Allowances To Plantation Workers Act (No. 72 of 1981) - Sect 9

Failure to pay sum due to workers

9.
(1) Any employer who fails to pay a sum required to be paid to a worker of such employer under this Act, shall be guilty of an offence and shall be liable on conviction before a Magistrate 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.
(2) Where an employer has been convicted for failure to pay any sum required to be paid to a worker of such employer under this Act, then, if a notice in the prescribed form of intention to do so has been served on the employer at any time before the date of commencement of the trial, evidence may be given of any failure on the part of the employer to pay any sum in accordance with the provisions of this Act to that worker or any other worker or workers, at any time during the six years preceding the date on which the complaint was made to court of the offence for which the employer has been so convicted and, on proof of the failure the court may order the employer to pay such sum as may be found by the court to be due from him to such worker. Any sum ordered to be paid under this subsection may be recovered in the same manner as a fine.
(3) In this section "prescribed" means prescribed by regulation made under section 11.


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