Sri Lanka Bureau of Foreign Employment (Amendment) Act 2009

This Act may be cited as the Sri Lanka Bureau of

Foreign Employment (Amendment) Act, No. 56 of 2009.

Section 16 of the Sri Lanka Bureau of Foreign

Employment Act, No. 21 of 1985 (hereinafter referred to as the “principal enactment”) is hereby amended in subsection (2) of that section as follows:—

by the substitution in paragraph (i) thereof, for the word “choice.” of the word “choice;”; and

by the addition immediately after paragraph (i)

Section 27 of the principal enactment is hereby amended as follows:—

by the renumbering of that section as subsection (1) of that section; and

by the addition immediately after renumbered subsection (1) of the following new subsection:—

The following new section is hereby inserted immediately after section 37 of the principal enactment and shall have effect as section 37A of that enactment:—

37A. (1) No person shall print or publish or cause to be printed or published in any media, any advertisement or notice submitted to it by a licensee or any other person, calling for applications from persons for employment outside Sri Lanka, without satisfying himself that such advertisement or notice has been approved by the Bureau for such publication under section 37.

Any person who contravenes the provisions of subsection (1), shall be guilty of an offence under this Act.”.

Section 51 of the principal enactment is hereby amended as follows:—

in subsection (1) of that section by the substitution for the words “is recruited”, of the word “leaves” ;

in subsection (2) of that section by the substitution for the words “is recruited”, of the word “leaves”.

The following new section is hereby inserted immediately after section 51 of the principal enactment and shall have effect as section 51A of that enactment:—

51A. (1) If any licensee does not receive any commission or any other payment to secure employment opportunities outside Sri Lanka, he may charge the actual expenses to be incurred, in addition to the registration fee from any recruit, after having obtained prior approval for the same from the Bureau. Where the Bureau believes that the expenses requested are unreasonable, the Bureau may refuse to grant approval under section 37.

Where a licensee having received payment for expenses from the employer abroad, conceals the receipt of such payment and requests payment for those expenses, such licensee shall be guilty of an offence under this Act.

Where a licensee in terms of subsection (1) receives a payment approved by the Bureau, the licensee shall issue a receipt for the amount, so received.

A licensee who does not issue a receipt in terms of subsection (3) shall be guilty of an offence under this Act.”.

Section 52 of the principal enactment is hereby amended by the addition immediately after subsection (4)

of the following new subsection:—

“(5) Where in the opinion of the Bureau, the amount which is disclosed in the returns furnished under subsection (2) by a licensee as having been received as commission is not reasonable and

“Charging of commission and other payments.

Sri Lanka Bureau of Foreign Employment below such amount as ought to have been received as commission, the amount of commission for the purpose of assessment under subsection (4), shall be deemed to be as prescribed by the Minister having considered the nature of the employment and the quantum of the benefits to be received by the Agents.

Where a licensee defaults in payment of the cess under subsection (3) or where an assessment is made in relation to a licensee by the Bureau under subsection (4) in relation to the cess, where the amount of the commission is below that which ought to have been received as commission, the licensee shall be guilty of an offence and liable on conviction after summary trial by a Magistrate to a fine not less than five thousand rupees. The

Section 54 of the principal enactment is hereby amended in subsection (3) of that section by the substitution for the words “every licensee shall” of the words “a licensee may”.

Section 60 of the principal enactment is hereby amended in subsection (1) (b) of that section by the substitution for the words “copies of any records” of the words “any documents relating to foreign employment or any records”.

The following new sections are hereby inserted immediately after section 60A of the principal enactment and shall have effect as sections 60B, 60C and 60D of that enactment:—

60B. Every officer or servant of the Bureau shall be deemed—

to be a public officer; and

a peace officer,

against the Bureau for any lawful act, which in good faith is done or purported to be done by the Bureau under this

against any member, officer, servant or agent of the Bureau for any lawful act, which in good faith is done or purported to be done by him under this Act or on the directions of the

Any expenses incurred by the Bureau in any suit or prosecution by or against the

Section 62 of the principal enactment is hereby amended as follows:—

in subsection (1) of that section, by the substitution for all the words from “one thousand rupees” to the end of that subsection, of the words “one hundred thousand rupees and to imprisonment of either description for a term not exceeding four years.”;

in subsection (2) of that section, by the substitution for all the words from “twenty thousand rupees” to the end of that subsection, of the words “one hundred thousand rupees and to imprisonment of either description for a term not exceeding four years.”.

Section 63 of the principal enactment is hereby amended by the substitution for all the words from “one thousand rupees” to the end of that section, of the words

“twenty five thousand rupees and to imprisonment of either description for a term not exceeding two years. ”.

Section 64 of the principal enactment is hereby amended by the substitution for all the words from “one thousand rupees” to “two years.” of the words “fifty thousand rupees and not exceeding one hundred thousand rupees and to imprisonment of either description for a term not exceeding two years. ”.

Section 65 of the principal enactment is hereby amended by the substitution for the words “one thousand rupees and not exceeding one thousand five hundred rupees”

of the words “five thousand rupees”.

Section 66 of the principal enactment is hereby amended by the substitution for the words “one thousand rupees and not exceeding one thousand five hundred rupees”

of the words “five thousand rupees”.

Section 67 of the principal enactment is hereby amended by the substitution for all the words from “one thousand rupees” to the end of that section, of the words

“twenty five thousand rupees and not exceeding fifty thousand rupees and imprisonment of either description for a term not exceeding two years,”.

Section 67A of the principal enactment is hereby amended in subsection (2) of that section by the substitution for the words “one thousand rupees” of the words “twenty five thousand rupees”.

The following new section is hereby inserted immediately after section 67A of the principal enactment and shall have effect as section 67B of that enactment:—

67B. Any person who aids or abets a licensee or his employee in the commission of any offence under this Act, shall be guilty of an offence and be liable on conviction after summary trial by a Magistrate, to a fine not exceeding twenty five thousand rupees or to imprisonment of either description for a term not exceeding two years.”.

The following new sections are hereby inserted immediately after section 69 of the principal enactment and shall have effect as sections 69A and 69B of that enactment:—

69A. Where any person who commits an offence under sections 37A, 62, 63 or 64 or against whom reasonable suspicion exists that he is guilty of the commission of any such offence, such person may be arrested without any warrant within any place either upon land or water by a police officer, or by an employee of the Bureau authorized by the Bureau in that behalf, and every person so arrested shall forthwith:—

be produced before a Magistrate to be dealt with according to law; or

where it is impracticable so to do, be handed over to the officer-in-charge of the nearest police station to be dealt with according to law.

The Magistrate hearing the summary trial in respect of any offence under any provision of this Act, shall, in addition to the sentence, make Order that seventy five per centum of the fine so imposed and recovered be remitted to the Workers’ Welfare Fund of the Bureau.”.

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.