Sri Lanka Consolidated Acts

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Employees' Provident Fund Act (No. 15 of 1958) - Sect 38

Recovery of arrears of payments due in certain cases

38. Where an employer is convicted for failure to pay any sum which he is liable to pay under this Act, then, if a notice in the prescribed form of the intention so to do has been served on the employer at any time before the date of the commencement of the trial, evidence may be given of the failure on the part of the employer to pay any other sum which was due from him under this Act within the two years immediately preceding the date on which complaint under section148 of the Criminal Procedure Code was made to court of the offence of which the employer is so convicted and, on proof of such failure, the court may order the employer to pay such sum as may be found by the court to be due from him. Any sum ordered to be paid under this section may be recovered in the same manner as a fine.


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