Employees Holidays Act (No. 6 of 1959)

Sri Lanka Consolidated Acts

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Employees Holidays Act (No. 6 of 1959) - Sect 9

Offences

(1) Every person who- shall be guilty of an offence and shall be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

	(a) being an employer, fails to allow an employee any holiday required by this Act to be allowed to that employee or fails to pay remuneration as required by this Act to any employee in respect of such holiday; or

	(b) fails to furnish such means required by any officer specified in section 7 as is necessary for any entry or inspection or the exercise of his powers under such section; or

	(c) hinders or molests any such officer in the exercise of his powers under such section; or

	(d) refuses or fails without reasonable cause to produce any register or record or give any information which any such officer requires him to give under the powers conferred by such section; or

	(e) prevents or attempts to prevent any other person from answering any question put by any such officer to such other person during an interrogation of such other person under such section; or

	(f) makes or causes to be made any register, record or notice which is false in any material particular, or produces or causes or knowingly allows to be produced any such register or record to any officer acting under the powers conferred by such section, knowing such record or register to be false; or

	(g) furnishes any information to any officer acting under the powers conferred by such section, knowing such information to be false; or

	(h) fails to comply with any direction given by the Commissioner of Labour under section 8, or who, when called upon to furnish any return, information or copy under that section, knowingly furnishes or causes to be furnished any return, information or copy containing any statement which is false in any material particular; or

	(i) commits a breach of any provision of this Act or of any regulation made thereunder,

(2) On the conviction of an employer under sub-section (1) of the offence of failing to allow an employee any holiday required by this Act to be allowed to that employee or of failing to pay remuneration as required by this Act to such employee in respect of such holiday, the court may, in addition to any other sentence, order the employer to pay such sum as may be found by the court to be due from him to such employee in respect of such holiday; any sum ordered to be paid under this subsection may be recovered in the same manner as a fine.

(3) The power of the court to make an order under subsection (2) for the payment of any sum to any employee shall not be in derogation of any right of that employee to recover such sum by any other proceedings.

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