Sri Lanka Consolidated Acts

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Co-Operative Employees Commission Act (No. 12 of 1972) - Sect 35

Offences

35.
(1) Any co-operative society or any officer or employee thereof-
(a) which or who contravenes the provisions of this Act, or
(b) which or who wilfully neglects or refuses or fails to do any act required by the Commission to be done, or to furnish any information required for the purposes of this Act by the Commission or other duly authorized person, or
(c) which or who wilfully makes a false return or furnishes false information,
(2) Every co-operative society or person which or who commits any offence referred to in subsection (1) shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one thousand rupees.
(3) Where any offence under this Act is committed by a co-operative society, every officer of that society shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence.
(4) On the conviction of any co-operative society for failure to carry out any such instructions given by the Commission as requires the reinstatement of any employee, such co-operative society shall be liable-
(i) to pay, in addition to any punishment that may be imposed on such co-operative society under subsection (2), a fine of fifty rupees for each day on which the failure is continued after conviction thereof; and
(ii) to pay such employee the remuneration which would have been payable to him if he had been in such service on each such day and on each day of the period commencing on the date on which he should have been reinstated in service according to the instructions of the Commission and ending on the date of the conviction of such co-operative society, computed at the rate of salary or wages to which he would have been entitled if his services had not been terminated.


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