Amendment of section 31.
4.
Amendment of section 32.
Addition of new section 34A.
Amendment of
Schedule.
all the wages due by him under a contract of employ. ment as they become due, forthwith take all necessary steps to terminate the contract in accordance with its terms.
(3) This section shall come into operation on the 1st day of August 1970.".
Section 31 of the principal Ordinance is amended- (a) in subsection (1), by deleting "or 15" and substituting
the following--
* 15 or 20A":
(b) by adding, after subsection (1A), the following new sub-
section-
*18) Any person who wilfully contravenes sub- section (2) of section 34A shall be guilty of an offence.".
4A. Section 32 of the principal Ordinance is amended, in subsection (1), by inserting after "subsection (1)" the following- "or (1B).
5. The principal Ordinance is amended by adding after sec- tion 34 the following new section-
"Application 34A. (1) If an employer or former employer is for appre
about to leave the Colony with intent to evade hension of absconding
payment of employer.
Second Schedule.
6.
(a) any wages earned by any of his employees and owed by the employer, whether or not the payment of such wages is yet due; or (8) any other moneys owed by the employer under a contract of employment to any of his employees.
any of his employees may apply to a District Judge to issue a warrant in accordance with the Second Schedule, and in respect of any such application the Second Schedule shall apply.
(2) No person shall make an application under subsection (1) unless he has reasonable grounds for making such application.“.
The Schedule to the principal Ordinance is amended, in the heading, by inserting before “SCHEDULE." the following-
"FIRST".
7.
The principal Ordinance is amended by adding, after the First Schedule, the following new Schedule-
“SECOND SCHEDULE.
Es. 34A.1
7
Procedure FOR APPREHENSION OF Aasconping EMPLOYER,
PART I
1. In this Part, the wages and moneys described in paragraph: (0) and (b) of section 34A are referred to as "the debt".
An application under section 34A shall be as in Form | in Part II
3. Ha District Judge, after making such investigation as he con- siders necessary in respect of an application made under section 34A, is satisfied that there is probable cause for believing that the employer is about to leave the Colony with intent to evade payment of the debt, he may issue a warrant as in Form 2 in Part II ordering that the employer be apprehended and brought before a District Judge to show cause why the employer should not be required to give security in accordance with paragraph S.
4. If an employer who is brought before a District Judge in accord- ance with a warrant issued under paragraph 3 shows cause why he should not be required to give security in accordance with paragraph 3, the warrant shall be discharged and the employer shall be released,
5. (1) If an employer who is brought before a District Judge in accordance with a warrant issued under paragraph 3 does not show cause why be should not be required to give security in accordance with this paragraph, the District Judge may make an order requiring the employer to enter a bond, in accordance with sub-paragraph (3), for bis appearance before a District Judge whenever called upon until he has paid to the employer the full amount of the debt.
(2) If the employer offers, in lieu of entering a bond under sub- paragraph (1), to secure the payment to the employee of the full amount of the debt by any other arrangement, the District Judge may accept such other arrangement as security for the payment to the employee of the full amount of the debt in lieu of the bond.
(3) A bond entered under sub-paragraph (1)–
(2) shall be in favour of the employee;
(8) shall be as in Form 3 in Part II:
(c) shall be for such sum, not exceeding the amount of the debt, as
the District Judge may order: and
(d) shall be a bond with such number of sureties, approved by the
District Judge, as the District Judge may order.
6.
If an employer complies with an order made under sub-paragraph (1) of paragraph 5, or secures the payment to the employee of the full
Addition of Dew Second Schedule.
Part II. Form 1.
Puri IL, Porm 1.
Part IL Form 3.