Public Service Provident Fund (Amendment) Act 2003

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Public Service Provident

Fund (Amendment) Act, No. 17 of 2003.

s 2Amendment of section 2 of Chapter 434

Section 2 of the Public Service Provident Fund

Ordinance (hereinafter referred to as the “principal enactment”) is hereby amended by the insertion immediately after subsection (4A) of that section, of the following new subsection :—

“(4B) In respect of a person who holds a non-pensionable post in the service of the

Government and who is entitled for a daily pay —

(a)

the total of the daily payments made to such person during a calendar month or part thereof ; or

(b)

the monthly allowance paid to such person in lieu of a salary for that period, shall be deemed to be the monthly salary of such person.”.

s 3Amendment of section 4 of the principal enactment

Section 4 of the principal enactment is hereby amended by the insertion immediately after subsection (2) of that section, of the following new subsection :—

“(2A)

The compulsory contribution of a non-pensionable employee referred to in subsection (4B) of section 2, shall be calculated, on the basis of the monthly salary received by such person in accordance with the aforesaid subsection.”.

Public Service Provident Fund (Amendment)

s 4Amendment of section 17 of the principal enactment

Section 17 of the principal enactment is hereby amended by the repeal of subsection (1) thereof, and the substitution therefor, of the following new subsection :—

“(1) Subject to the provisions of this

Ordinance, on the death of the contributor :—

(a)

if the amount payable does not amount to, or does not exceed in value the sum specified by the provisions of the Civil Procedure

Code (Chapter 101) as being the sum above which the institution of testamentary proceedings is mandatory, the Director of

Pensions shall pay such amount in the manner prescribed, to the person or persons nominated by the deceased contributor for such purpose. If no such nomination has been made, such amount can either be paid by the Director of Pensions to the person or persons entitled by law to receive the same or where a case for the settlement of the estate of the deceased contributor has been filed, such amount shall be paid to the credit of the case ;

(b)

if the amount payable exceeds in value the sum specified by the provisions of the Civil Procedure

Code (Chapter 101) as being the sum above which the institution of testamentary proceedings is mandatory, the Director of

Pensions shall pay such amount to the credit of the testamentary case filed for the settlement of the estate of the deceased contributor :

Provided however, the Director of Pensions may at his discretion, where it appears that immediate financial relief is essential to the

Public Service Provident Fund (Amendment)

spouse or children or other dependants of the deceased contributor for the settlement of funeral expenses, pay a sum not exceeding ten thousand rupees to the spouse or children or other dependants of the deceased contributor.”.

s 5Sinhala text to prevail in case of any inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

Public Service Provident Fund (Amendment)