SRI LANKA BUREAU OF FOREIGN EMPLOYMENT ACT

Arrangement of Sections

1. Short title.

2. Application of this Act.

PART I

ESTABLISHMENT OF THE SRI LANKA BUREAU OF FOREIGN EMPLOYMENT

3. Establishment of the Sri Lanka Bureau of Foreign Employment.

4. Members of the Bureau.

5. Board of Directors.

6. Remuneration of members of the Bureau.

7. Members of the Bureau to disclose interest in contract proposed to be made by the Bureau.

8. Quorum for meeting of the Board and regulations of procedure.

9. Validity of acts or proceedings of the Board.

10. Members of the Board to administer the affairs of the Bureau.

11. Delegation of powers and duties of the Board.

12. Chairman of the Board.

13. Seal of the Bureau.

14. Power of the Minister in relation to the Bureau.

15. Objects of the Bureau.

16. General powers of the Bureau.

PART II

THE FUND OF THE BUREAU

17. The Fund of the Bureau.

18. Audit of Accounts.

19. Report to be tabled in Parliament.

PART III

PROMOTION AND DEVELOPMENT

20. Promotion and development of employment outside Sri Lanka.

21. Representatives of the Bureau.

22. Duties of representatives of the Bureau.

23. Joint Ventures.

PART IV

REGULATION OF LICENSED FOREIGN EMPLOYMENT AGENCIES

24. Foreign employment agencies to be licensed.

25. Bureau to carry on business of foreign employment agency.

26. Application for a licence.

27. Conditions for grant of licence.

28. Applicant to comply with directions issued by the Bureau before issue of the licence.

29. Form and duration of licence.

30. Renewal of licence.

31. Cancellation of a licence.

32. Bureau shall communicate its decision to applicant or licensee together with its reasons therefor.

33. Appeals.

34. Licensee not to charge any fee.

35. Display of licence.

36. Licensee to inform Bureau of any change of particulars.

37. No action regarding recruitment to be taken without the approval of the Bureau.

37A. Restriction on publication of advertisement without approval.

38. Authorised officer may be present at interview of persons for recruitment for employment outside Sri Lanka.

39. Grounds on which approval may not be granted.

40. Contract or employment.

41. Maintenance of records.

42. Returns.

43. Directions of the Bureau.

44. Inquiry into complaints made by persons recruited for employment outside Sri Lanka.

PART V

WORKERS WELFARE FUND

45. Workers Welfare Fund.

46. Moneys payable into Welfare Fund to be lodged with the Bank.

47. Power to invest any moneys of the Fund.

48. Application of the Fund.

49. Orders cheques for payment out of the Fund.

50. Statement of receipts, disbursements on account of the Welfare Fund.

PART VI

PAYMENTS AND CESS

51. Payment by recruits.

51A. Charging of commission and other payments.

52. Cess.

PART VII

INFORMATION DATA BANK

53. Information Data Bank.

PART VIII

ASSOCIATION OF LICENSED FOREIGN EMPLOYMENT AGENCIES

54. Constitution of Association of Licensed Foreign Employment Agencies.

55. Functions of the Association.

56. Management of affairs of the Association.

57. General powers of the Association.

58. Procedure of the Association.

PART IX

STAFF OF THE BUREAU

59. Appointment of officers and servants.

PART X

GENERAL

60. Powers of entry inspected and interrogation.

60A. Bureau deemed to be a scheduled institution within the meaning of the Bribery Act.

60B. Officers and servants of the Bureau to be deemed to be public officers for the purposes of the Code of Criminal Procedure Act.

60C. Officers and servants of the Bureau deemed to be public officers for the purposes of the Penal Code.

60D. Immunity from suit.

61. Regulations.

62. Unauthorised recruitment is an offence

63. Forgery or inducement is an offence.

64. Charging fee, other than provided in section 51 is an offence.

65. Offence relating to returns.

66. Offence relating to inquiry.

67. Miscellaneous offences.

67A. General penalties.

67B. Aiding and abetting an offence.

68. Punishment for subsequent offences under section 63 or section 64.

69. Offences by body of persons.

69A. Powers of arrest.

69B. Certain portion of fines to be remitted to the Workers' Welfare Fund of the Bureau.

70. Transitional provision.

71. Repeal of Act, No. 32 of 1980.

72. Interpretation.

21 of 1985,

4 of 1994,

56 of 2009.

AN ACT to provide for the establishment of the Sri Lanka Bureau of Foreign Employment and to regulate its powers and duties; to repeal the Foreign Employment Agency Act, No. 32 of 1980; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 7th June, 1985]

1. Short title.

This Act may be cited as the Sri Lanka Bureau of foreign Employment Act.

2. Application of this Act.

The provisions of this Act shall apply to the recruitment of Sri Lankans for employment outside Sri Lanka by a private sector undertaking or a public corporation.

PART I

ESTABLISHMENT OF THE SRI LANKA BUREAU OF FOREIGN EMPLOYMENT

3. Establishment of the Sri Lanka Bureau of Foreign Employment.

(1) There shall be established a Bureau which shall be called the Sri Lanka Bureau of Foreign Employment (hereinafter referred to as the "Bureau”).

(2) The Bureau shall, by the name assigned to it by subsection (1) , be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

4. Members of the Bureau.

The members of the Board of Directors of the Bureau shall be the members of the Bureau.

5. Board of Directors.

(1) The Bureau shall have a Board of Directors (hereinafter referred to as the "Board”) consisting of the following eleven members—

(a) one member appointed by the Minister in consultation with the Minister in charge of the subject of Finance;

(b) one member appointed by the Minister in consultation with the Minister in charge of the subject of Foreign Affairs;

(c) one female member appointed by the Minister in consultation with the Minister in charge of the subject of Women's affairs;

(d) eight other members appointed by ‘the Minister of whom four shall be representatives of foreign employment agencies licensed under this Act.

(2) A person shall be disqualified from being appointed or continuing as a Director if he is a Member of Parliament.

(3) Every Director shall hold office for a period of two years unless he earlier resigns, dies or is removed from office.

(4) A Director may resign his office by letter addressed to the Minister.

(5) A Director vacating his office by resignation or by the expiration of his term of office shall be eligible for re-appointment.

(6) —

(a) The Minister may, without assigning a reason remove any Director from office.

(b) A Director who has been removed from office shall not be eligible for re-appointment as a Director or to serve the Bureau in any other capacity.

(7) —

(a) If a Director vacates his office otherwise than by the expiration of his term of office the Minister may, having regard to the provisions of subsection (1), appoint any other person to be a Director in place of the Director who so vacates office.

(b) Any Director appointed under paragraph (a), shall, unless he earlier vacates office, hold office for the unexpired period of the term of office of his predecessor.

(8) Where a Director becomes, by reason of illness or other infirmity, or absence from Sri Lanka temporarily unable to perform the duties of his office, the Minister may appoint a fit person to act in his place for the period of such incapacity or absence.

6. Remuneration of members of the Bureau.

The members of the Bureau shall be remunerated in such manner and at such rates as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

7. Members of the Bureau to disclose interest in contract proposed to be made by the Bureau.

A Director who is in any way directly or indirectly interested in any contract made or proposed to be made by the Bureau shall disclose the nature of his interest at a meeting of the Board. The disclosure shall be recorded in the minutes of the Board, and such Director shall not take part in any deliberation or decision (If the Board with respect to that contract:

Provided, that, the interest which any Director of the Bureau may have in a contract by virtue of his being an officer of a Government department or a public corporation, or a Director of a public corporation, shall be deemed not to be an interest within the meaning of this section.

8. Quorum for meeting of the Board and regulations of procedure.

The quorum for any meeting of the Board shall be five members. Subject to the provisions of this Act, the Board may regulate its own procedure in regard to meetings of such Board and the transaction of business at such meetings.

9. Validity of acts or proceedings of the Board.

No act or proceeding of the Board shall be deemed invalid by reason only of the existence of any vacancy among the Directors or any defect in the appointment of my Director thereof.

10. Members of the Board to administer the affairs of the Bureau.

The Board shall administer the affairs of the Bureau and may for such purpose exercise and perform all the powers and duties of the Bureau.

11. Delegation of powers and duties of the Board.

(1) The Board may delegate to the Chairman, a Director or an employee of the Bureau any of its powers and duties as may be necessary for the efficient administration of the affairs of the Bureau.

(2) Every person to whom any power or duty is delegated under subsection (1), shall exercise or perform such power or duty subject to the general or special directions of the Board.

12. Chairman of the Board.

(1) The Minister shall appoint the Chairman of the Board from among the Directors.

(2) If the Chairman of the Board of Directors is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint one other Directors to act in his place.

(3) The Chairman shall preside at all meetings of the Board. In the absence of the Chairman at any meeting of the Board, the Directors present shall choose one of their number to preside at such meeting.

(4) The Chairman may resign the office of Chairman by letter addressed to the Minister.

(5) The Minister may, without assigning a reason, terminate the appointment of the Chairman.

(6) Subject to the provisions of subsections (4) and (5), the term of office of the Chairman shall be the period of his office as a member of the Board.

(7) The chairman of any meeting of the Board shall, in addition to his own vote, have a casting vote.

13. Seal of the Bureau.

(1) The seal of the Bureau shall be in the custody of the Board or any officer of the Bureau authorised in that behalf by such Board.

(2) The seal of the Bureau may be altered in such manner as may be determined by the Board.

(3) The seal of the Bureau shall not be affixed to any instrument or document except in the presence of two Directors or where two Directors are not available, by one Director and an officer authorised specially for such purpose by the Board. Such Directors and officer as the case may be, shall sign the instrument or document in token of their presence.

14. Power of the Minister in relation to the Bureau.

(1) The Minister may give to the Bureau directions in writing as to the performance of the duties and the exercise of the powers of the Bureau, and the Bureau shall give effect to such directions.

(2) The Minister from time to time, may in writing direct the Board to furnish to him, in such form as he may require, returns, accounts and other information with respect to the property and business of the Bureau and the Board shall carry out every such direction.

(3) The Minister may from time to time, order all or any of the activities of the Bureau to be investigated and reported upon by such person or persons as he may specify, and upon such order being made, the Bureau shall afford all such facilities and furnish all such information, to the said person or persons as may be necessary to carry out the order.

15. Objects of the Bureau.

The objects of the Bureau shall be—

(a) to promote and develop employment opportunities outside Sri Lanka, for Sri Lankans;

(b) to assist and support foreign employment agencies in their growth and development;

(c) to undertake measures to develop overseas markets for skills available in Sri Lanka;

(d) to assist licences in the negotiation of terms and conditions of employment with agencies abroad;

(e) to regulate the business of foreign employment agencies and. recruit Sri Lankans for employment outside Sri Lanka;

(f) to issue licences to foreign employment agencies for conducting the business of recruitment for employment outside Sri Lanka and to determine the terms and conditions of such licences;

(g) to set standards for and to negotiate contracts of employment;

(h) to enter into agreements with relevant foreign authorities, employers and employment agencies. in order to formalize recruitment agreements;

(i) to formulate and implement a model contract of employment which ensures fair wages and standards of employment;

(j) to examine the authenticity of documentation issued to Sri Lankan recruits going abroad for employment;

(k) to undertake research and studies into employment opportunities outside Sri Lanka, for Sri Lankans;

(l) to establish and maintain an Information Data Bank to monitor the flow of Sri Lankans for employment outside Sri Lanka and their return after such employment;

(m) to undertake the welfare and protection of Sri Lankans employed outside Sri Lanka;

(n) to establish a Workers' Welfare Fund;

(o) to undertake in collaboration with licensees, the training and orientation of Sri Lankan recruits going abroad for employment;

(p) to provide assistance to Sri Lankan recruits going abroad for employment;

(q) to receive donations and contributions from Sri Lankans employed outside Sri Lanka and use such donations and contributions for the rehabilitation guidance and counseling of, and the provision of information and assistance to, the families of such Sri Lankans;

(r) to undertake investments on behalf of Sri Lankan employed outside Sri Lanka;

(s) to undertake programmes for the rehabilitation of Sri Lankans who return to Sri Lanka after employment outside Sri Lanka.

16. General powers of the Bureau.

(1) The Bureau shall have power to do anything necessary for, or conducive or incidental to, the carrying out of its objects.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Bureau shall have power—

(a) to invest such amount of money belonging to the Bureau as are not immediately required for the purpose of this Act in such shares, securities or deposits as the Board may consider fit and to sell such shares and securities;

(b) to acquire in any manner whatsoever and hold take or give on lease or hire, mortgage pledge, sell of otherwise dispose of, any movable or immovable property;

(c) to enter into and perform, either directly or indirectly through any officer or agent of the Bureau, all such contracts or agreements as may be necessary, for the exercise of the powers of the Bureau and the carrying out of the objects of the Bureau;

(d) to borrow money from any source whatsoever for the purposes of the Bureau, in such manner and upon such security as the Bureau may, with the approval of the Minister, given with the concurrence of the Minister in charge of the subject of Finance determine;

(e) appoint, terminate the employment of, remunerate and control, its officers, servants, and representatives and to direct and decide all matters connected with the administration of its affairs;

(f) to make rules in respect of the administration of the affairs of the Bureau;

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