Immigrants And Emigrants (Amendment)



Immigrants And Emigrants (Amendment)
AN ACT TO AMEND THE IMMIGRANTS AND EMIGRANTS ACT

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[31st March
, 1993
]
Short title.

1. This Act may be cited as the Immigrants and Emigrants (Amendment) Act, No. 16 of 1993.

Amendment of section 45 of Chapter 351.

2. Section 45 of the Immigrants and Emigrants Act (hereinafter referred to as the ” principal enactment”) is hereby amended as follows:

(1) in subsection (1) of that section

(a) by the substitution, in paragraph (h) of that subsection, for the words “order made thereunder ; or “, of the words ” order made thereunder ;” ;

(b) by the relettering of paragraph (i) of that subsection as paragraph (o) of that subsection ;

(c) by the insertion, immediately after paragraph (h) of that subsection, of the following new paragraphs :

“(i) being the holder of a travel document, residing outside Sri Lanka, dispatches or transmits such travel document to a person residing in Sri Lanka, through the post or through another person, without the prior approval in writing of the Controller ;

(j) being the holder of a travel document, residing in Sri Lanka, dispatches or transmits such travel document to a person residing in any country outside Sri Lanka, through the post or through another person, without the prior approval in writing of the Controller;

(k) has in his possession, more than one travel document for the time being in force, issued to him ;

(l) being in possession of a travel document issued to him, and for the time being in force, applies for the issue of a travel document;

(m) without lawful authority, has in his possession a travel document of any other person ;

(n) during the pendency of an order under section 51c, impounding a travel document issued to such person, applies for the issue of another travel document; ” ;

(d) by the substitution, for all the words from ” shall on conviction” to the end of that subsection, of the words ” shall on conviction be liable to a fine of not less than five thousand rupees and of not more than fifty thousand rupees or to imprisonment of either description for a term of not less than six months and of not more than five year, or to both such fine and imprisonment. “; and,

(2) by the insertion, immediately after subsection (4) of that section, of the following new subsection :

” (5) In this section, the expression ” travel document” means a Sri Lanka passport, or an emergency certificate or identity certificate issued under the Immigrants and Emigrants Regulations, 1956.”.

Insertion of new section 81C in the principal enactment.

3. The following new section is hereby inserted immediately after section 51B, and shall have effect as section 51c of the principal enactment:

Court may impound travel document to procure attendance of accused, suspect or witness.

51c.

(1) Whenever in any proceeding in respect of any offence under any law it appears to the court that the attendance of an accused or suspect or the examination of a witness is necessary, it may, impound any travel document issued to such accused, suspect or witness, as the case may be, and for the time being in force, for such period as it may deem necessary to procure the attendance of such accused, or suspect or the examination of such witness. A court making an order under this section impounding a travel document issued to any person shall cause a copy of such order to be transmitted to the Controller.

(2) In this section, the expression ” travel document” means a Sri Lanka passport, or an emergency certificate or identity certificate issued under the Immigrants and Emigrants Regulations, 1956.’.

Sinhala text to prevail in case of inconsistency.

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