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As enacted
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Contents

Part III · Administration of the Act and Powers of the Commissioner-General

8. Powers of the Commissioner-General

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

The Commissioner-General shall for the purposes of any inquiry in respect of a complaint made under section 5, have the following powers of a District Court -

(a)

to summon and compel the attendance of witnesses;

(b)

to compel the production of documents; or

(c)

to require the evidence of any witness to be given on oath or affirmation or cause to be administered by an officer authorized in that behalf by the

Commissioner-General an oath or affirmation to every such witness.

(2)

The Commissioner-General may by notice in writing served on any employer direct such employer to furnish to him before a date as specified in such direction-

(a)

a return relating to all his workers or any class or description of such workers and any particulars as the Commissioner-General may require for the purposes of this Act;

(b)

such information or explanation as the

Commissioner-General may require in respect of any particulars stated in any return furnished by such employer; or

(c)

certified true copies of the whole or any part of any register or record maintained by such employer.

(3)

Every person who –

(a)

fails without cause to appear before the

Commissioner-General at the time and place mentioned in the summons issued by the

Commissioner-General; or

(b)

refuses to be sworn or affirmed as a witness before the Commissioner-General or any officer authorized by the Commissioner-General in that behalf;

(c)

refuses to extend the assistance required by the

Commissioner-General as necessary for entry or inspection or the exercise of his powers; or

(d)

hinders or obstructs the Commissioner-General in the exercise of the powers conferred on the

Commissioner-General; or

(e)

refuses to produce any register or record of wages or give any information which the Commissioner-General requires him to produce or give under the powers conferred on the Commissioner-General; or

(f)

makes or causes to be made any register or record of wages which is false in any material particular, or produces or causes or knowingly allows to be produced any such register or record to the

Commissioner-General acting under the powers conferred on him, knowing the same to be false; or

(g)

furnishes any information to the Commissioner-General acting under the powers conferred to him, knowingly the same to be false; or

(h)

(i)

fails without cause, or with cause which in the opinion of the Commissioner-General is unreasonable, to appear before the

Commissioner-General at the time and place mentioned in any summons issued by the

Commissioner-General; or

(ii)

refuses or fails without cause or with cause which in the opinion of the Commissioner-General is unreasonable, to produce and show to the Commissioner-General any document which is in his possession or power and which is in the opinion of the Commissioner-General necessary for arriving at the truth of the matters being inquired into by the Commissioner-General; or

(iii)

refuses to be affirmed or sworn in as a witness before the Commissioner-General; or

(iv)

defaults in complying with any direction given by the Commissioner-General, or who when called upon to furnish a return knowingly makes or furnishes or caused to be furnished a false return or a return containing any false statement, under this section, commits an offence and shall be liable on conviction thereof after summary trial before a Magistrate to a fine not exceeding five thousand rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

Read on from s 9

Part IV

Offences and Penalties

Read on from Part IV

Schedules