PUBLIC SERVICE PROVIDENT FUND ordinance

Arrangement of Sections

1. Short title.

2. Establishment of the fund.

2A. Past services of graduates in posts to be treated as service.

3. Control and management of the fund.

4. Compulsory contributions to the fund.

5. Voluntary contributions to the fund.

6. Repealed.

7. Bonuses.

8. Premiums on life policies may be regarded as contributions to the fund.

9. Investment of moneys paid into the fund.

10. Cost of establishment to be met from Consolidated Fund.

11. Examination of the accounts of the fund and apportionment of profit or loss.

12. Interest.

13. Closing of accounts.

14. Payment of benefits on death or termination of service.

15. Power to modify paragraph (6) of section14 in the case of female employees.

16. Payment of benefits on dismissal or discontinuance or termination of service in any circumstances other than those in which section 14 applies.

17. Payment on death of a contributor.

18. Bonuses to be a charge on consolidated Fund.

19. Compulsory contributions not to be assigned or attached.

20. Appointment of contributor to pensionable office under Government.

20A. Provisions relating to a contributor who becomes eligible for the grant of a pension under the School Teachers Pension Regulations.

21. Repealed.

22. Deduction on account of income tax.

23. Deduction of sums due to Government or to Lady Lochore Loan Fund.

24. Accounts and audit.

25. Information to contributors.

26. Repealed.

27. Regulations.

28. Interpretation.

SCHEDULE

18 of 1942,

23 of 1947,

37 of 1975,

32 of 1978,

33 of 1952,

46 of 1954,

52 of 1961,

35 of 1964,

18 of 1965,

38 of 1971,

45 of 1999,

17 of 2003.

AN ORDINANCE to make provision for the establishment of a provident fund, for the grant therefrom of benefits to certain non-pensionable employees of the government, and for other matters incidental to or connected with the purposes aforesaid.

[Date of Commencement: 1st April, 1942]

1. Short title.

This Ordinance may be cited as the Public Service Provident Fund Ordinance.

2. Establishment of the fund.

(1) A fund to be known as the public Service Provident Fund is hereby established for the grant of benefits, as hereinafter provided, to every non- pensionable employee in the service of the Government whose salary is payable at a monthly rate. Such employee is hereafter in this Ordinance referred to as a "non-pensionable employee”.

[S 2(1) am by s 2 of Act 52 of 1961.]

(2) A general account for the fund and a separate account for each contributor to the fund shall be opened and kept in such manner as the Director of Pensions may direct.

[S 2(2) subs by s 2 of Law 37 of 1975.]

(3) For the purposes of this Ordinance, each of the persons specified hereunder shall be deemed to be a non-pensionable employee in the service of the Government and the allowance paid in lieu of salary to each such person shall be deemed to be a salary:

The Private Secretary to the Chief Justice.

The Private Secretary to any Judge of the Supreme Court other than the Chief Justice.

The Private Secretary to the President of the Court of Appeal or to any other Judge of the Court of Appeal.

[S 2(3) ins by s 2 of Act 35 of 1964.]

(4) For the purposes of this Ordinance, a person holding the post of Sub- Postmaster shall be deemed to be a non- pensionable employee in the service of the Government and the monthly allowance paid in lieu of salary to such person shall be deemed to be a monthly salary.

[S 2(4) subs by s 2 of Law 32 of 1978.]

(4A) for the purposes of this Ordinance, a person who holds–

(a) the post of Sub-Station Master in the Railway Department; or

(b) a post in the Sri Lanka Police Reserve,

shall be deemed to be a non-pensionable employee in the service of the Government and the monthly allowance paid in lieu of salary to such person shall be deemed to be a monthly salary.

[S 2(4A) ins by s 2 of Act 45 of 1999.]

(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

(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 2(4B) ins by s 2 of Act 17 of 2003.]

(5) Notwithstanding anything in this Ordinance any non-pensionable employee, not being a citizen of Sri Lanka, employed in any Sri Lanka mission abroad may, at his option, be exempted by the Board of management from his liability to make contributions under this Ordinance, and where such employee had been a contributor under this Ordinance prior to the date he is so exempted, his account in the fund shall be closed and he shall be paid such amount as would have been paid to him under section 14 of this Ordinance if he had left the service on satisfactory completion of his contract.

2A. Past services of graduates in posts to be treated as service.

Where any person who is a graduate of a University and who held a pensionable post under the Government, resigned from such post to undergo training under the Graduate Training Scheme, and upon completion of the period of such training was appointed to a monthly paid post under the Government such person's previous service under the Government in a monthly paid post shall be deemed to be service in respect of which contributions are payable under this Ordinance and accordingly the provisions of this Ordinance shall apply to and in relation to such previous service of such person.

[S 2A ins by s 3 of Law 37 of 1975.]

3. Control and management of the fund.

(1) The control and management of the fund are hereby vested in a Board of management consisting of –

(a) the Director of Pensions;

(b) the Solicitor-General;

(c) two persons, each of whom is the head of a department of Government or the deputy or principal assistant to the head of such a department; and

(d) one person who is a contributor to the fund.

(2) The persons referred to in paragraphs (c) and (d) of subsection (1) shall be appointed to the Board by the Minister in charge of the subject of Public Administration.

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