INDO-CEYLON AGREEMENT (IMPLEMENTATION)

(1) For the purposes of this Act, there be appointed

(2) In the exercise, discharge and performance of his powers, functions and duties under this Act, the Commissioner shall be subject to the general direction and control of the Minister, and each Deputy Commissioner and each Assistant Commissioner shall be subject to the general direction and control of the Commissioner.

(1) In all matters for which no express provision is made under this Act, a Deputy Commissioner, “and each Assistant Commissioner, shall exercise such powers, discharge such functions and perform such duties as may be assigned to him by the Commissioner with the general or special approval of the Minister.

(2) The Commissioner may, either generally or specially, authorize a Deputy Commissioner or any Assistant Commissioner to exercise, discharge or perform any power, function or duty vested in, or conferred or imposed on, the Commissioner under this Act.

(1) For the purposes of this Act, the Commissioner shall open and maintain, or cause to be opened and maintained, a book to be called the ” Indo-Ceylon Agreement Ceylon Citizenship Register” substantially in the prescribed form in which there shall be registered, from time to time, persons who have been granted the status of citizens of Sri Lanka by registration* under this Act.

(2) For the purposes of this Act, the Commissioner shall open and maintain, or cause to be opened and maintained, a book to be called the ” Indo-Ceylon Agreement Indian Citizenship Register” substantially in the prescribed form in which there shall be registered, from time to time, persons to whom the Indo-Ceylon Agreement applies and who are recognized as citizens of India by the Government of India.

(3) For the purposes of this Act, the Commissioner shall open and maintain, or cause to be opened and maintained, a book to be called the ” Indo-Ceylon Agreement Repatriation Register ” substantially in the prescribed form in which there shall be registered, from time to time, persons who are registered in the Indo-Ceylon Agreement Indian Citizenship Register and who are repatriated from Sri Lanka. The Commissioner shall publish, or cause to be published, from time to time, in the Gazette in the prescribed form the particulars of such persons.

(4) The Commissioner shall open and maintain, or cause to be opened and maintained, such other books as he may be required so to open and maintain by the Minister.

(5) Every entry made in the Indo- Ceylon Agreement Ceylon Citizenship Register, the Indo-Ceylon Agreement Indian Citizenship Register, the Indo- Ceylon Agreement Repatriation Register, and in any other book that may be opened and maintained in terms of subsection (4), and the publication in the Gazette referred to in subsection (3), shall be numbered consecutively.

(1) The Minister may by notification published in the Gazette declare that applications for the grant of the status of a citizen of Sri Lanka by registration* under this Act may be made within such period as shall be specified in such notification (in this Act referred to as the ” notified period “).

(2) Any person to whom the Indo-Ceylon Agreement applies may make an application in writing to the Minister through the Commissioner to be granted the status of a citizen of Sri Lanka by registration* under this Act. Such person may include in his application the names of his wife and minor children.

(3) Every application by any person under subsection (2)

(4) Where an applicant for the grant of the status of a citizen of Sri Lanka by registration* under this Act has any minor child, he may in his application or by subsequent letter make a request for the inclusion of the name of that child in the certificate of registration which may be issued to him under this Act. In the event of such a request being made, the Minister shall comply with such request if the applicant is so registered.

(5) No application for the grant of the status of a citizen of Sri Lanka by registration* under this Act made by any person to whom the Indo-Ceylon Agreement applies which reached the Commissioner otherwise than during the notified period shall be accepted or entertained by the Minister unless the Minister is satisfied that such application could not be made within the notified period for good reason.

(1) Subject to the provisions of subsections (3) and (4), upon the receipt by the Minister of an application duly made to him under this Act by any person for the grant of the status of a citizen of Sri Lanka by registration* under this Act, the Minister may, in his absolute discretion, decide to grant or refuse such application. The Minister shall notify his decision, or cause his decision to be notified, to the applicant.

(2) The decision of the Minister on any application for the grant of the status of a citizen of Sri Lanka by registration* under this Act shall be final and conclusive.

“(3) In the disposal under subsection (1) of applications made under this Act for the grant of the status of a citizen of Sri Lanka, the Minister shall ensure that as far as possible the number of persons who are granted such status and the number of persons who have been or are recognized as citizens of India after October 30, 1964, at all times bears the ratio of 4: 7. In the computation of such ratio, no account shall be taken

(4) In the disposal under subsection (1) of applications made under this Act for the grant of the status of a citizen of Sri Lanka by registration* under this Act, the Minister shall ensure that not more than 300,000 persons to whom the Indo-Ceylon Agreement applies and who were born before October 30, 1964, are granted such status. In the computation of such number, no account shall be taken of children born to such persons after such date who may be granted such status.(* See also Article 26 of the Constitution.)

(a) as imposing on the Minister, either directly or indirectly, any form of duty or liability enforceable before any court or tribunal, whether by way of action, appeal, application in revision, writ or otherwise, to grant the status of a citizen of Sri Lanka by registration* under this Act to any person ; or

(b) as conferring on any such person, either directly or indirectly, any right or privilege to such status enforceable before any court or tribunal, whether by way of action, appeal, application in revision, writ or otherwise.

(a) cause such person to be registered as such citizen in the Indo-Ceylon Agreement Ceylon Citizenship Register by the entry in that Register of the name and other prescribed particulars of such person;

(b) issue to such person a certificate of registration in the prescribed form and shall include in such certificate the name of every child under the age of fourteen years on the date of such issue to whom the registration relates; and

(c) publish in the Gazette a notification in the prescribed form setting out the fact of the registration of such person as a citizen of Sri Lanka under this Act.

(1) Every person who is registered as a citizen of Sri Lanka under this Act shall, within the prescribed period reckoned from the date of such registration, subscribe the oath or affirmation of citizenship in the prescribed form, and shall thereafter be entitled to the same rights and be subject to the same obligations and liabilities, in law, as persons registered as citizens of Sri Lanka under any other law in force relating to the registration of persons as such citizens; and the provisions of such other law, so far as they relate to the liability to loss or deprivation of citizenship, and the renunciation of citizenship, in the case of persons registered as citizens thereunder, shall apply in like manner and to the same extent in the case of persons who are registered as citizens of Sri Lanka under this Act.

(2) The requirements of subsection (I) as to the oath or affirmation of citizenship shall not apply in the case of any person under the age of fourteen years; and accordingly such person shall have the status of a citizen of Sri Lanka with effect from the date of the certificate of registration relating to him.

(3) A person who is registered as a citizen of Sri Lanka under this Act and, if the requirement of subsection (1) as to the oath or affirmation of citizenship has to be complied with by him, who has duly subscribed such oath or affirmation

(4) Where a person who is registered as a citizen of Sri Lanka under this Act fails to subscribe the oath or affirmation of citizenship within any such period referred to in subsection (1), the Minister may, after due consideration, cancel his registration as a citizen of Sri Lanka under this Act by deleting the entry relating to such person from the Indo-Ceylon Agreement Ceylon Citizenship Register, and thereupon the decision of the Minister granting him such citizenship shall be deemed, for all purposes, to have been revoked. The Minister shall cause notice of such cancellation to be served on such person.

(1) Every person who, either in his application for the grant of the status of a citizen of Sri Lanka under this Act or in any proceedings relating to the disposal of such application, makes any false representation, shall be guilty of an offence under this Act and shall, on conviction, be liable to a fine not exceeding two hundred and fifty rupees or to imprisonment of either description for a term not exceeding three months or to both such fine and imprisonment.

(2) In any proceedings for any offence under this Act referred to in subsection (1) alleged to have been committed by any person who has been granted the status of a citizen of Sri Lanka under this Act in respect of any false representation, a certificate under the hand of the Minister to the effect that his decision to grant such status to that person was materially influenced by such representation shall be received in evidence, and be deemed to be such a certificate without further proof unless the contrary is proved. In any such proceedings the Minister shall not, except with his own consent, be summoned or examined as a witness.

(3) Where any person being a person who has been granted the status of a citizen of Sri Lanka by registration* under this Act is convicted of an offence under this Act referred to in subsection (1), the Minister may by Order declare that such person shall cease to be such a citizen and thereupon such person shall cease to have the status of a citizen of Sri Lanka by registration* under this Act. The Minister shall cause notice of such cessation to be served on such person.(See also Article 26 of the Constitution.)

(4) Where a person ceases to be a citizen of Sri Lanka under subsection (3), the Minister may, in his absolute discretion, by Order direct that all or any of the persons specified in the following paragraphs shall cease to be citizens of Sri Lanka, and thereupon they shall cease to be such citizens:

(5) Any Order made by the Minister under the preceding provisions of this section shall be final and conclusive.

(1) Where a person to whom the Indo-Ceylon Agreement applies is recognized as a citizen of India by the Government of India, then, such person shall, as from the date of such recognition, be a person liable to repatriation under this Act. The Commissioner shall, as soon as possible thereafter, cause such person to be registered as such in the Indo-Ceylon Agreement Indian Citizenship Register.

(2) The Commissioner shall cause notice of the fact that a person is liable to repatriation under this Act to be served on such person.

(1) A person liable to repatriation shall, within the prescribed period after notice of that fact is served on him under section 13 (2), apply to the Commissioner for a residence permit. Upon the receipt of such application, the Commissioner shall issue such permit to such person authorizing him to remain in Sri Lanka for such period and subject to such conditions (if any) as the Commissioner may, in his absolute discretion, determine. The procedure to be followed in the making and disposal of such application, the forms of such application and permit, and the circumstances in which such permit may be cancelled, shall be as prescribed.

(2) A residence permit issued by the Commissioner to any person under this section shall cease to be in force on its being cancelled, or on the expiration of the period for which such person is authorized by such permit to remain in Sri Lanka, whichever event occurs earlier.

(3) Any person liable to repatriation who does not make an application for a residence permit to the Commissioner within the period he is required so to do under subsection (1) shall, as from the date of the expiration of that period, be a person liable to removal to India from Sri Lanka.

(4) A person to whom a residence permit is issued by the Commissioner under this Act shall, as from the date on which such permit ceases to be in force, be a person liable to removal to India from Sri Lanka.

(1) Any person who employs any other person who is liable to removal to India from Sri Lanka under section 15 shall be guilty of an offence under this Act, and shall, on conviction, be liable to imprisonment of either description for a term of not less than two years and not more than five years.

(2) For the purposes of every prosecution for an offence under subsection (1), a person liable to removal to India from Sri Lanka, who is employed on an estate shall be deemed to be so employed by the owner, superintendent or assistant superintendent of that estate, or the person in charge of that estate by whatsoever name or designation called unless such owner, superintendent, assistant superintendent, or the person in charge, as the case maybe, proves that, having regard to the nature of his functions and to all the circumstances, such person was employed without his knowledge.

(3) For the purposes of every prosecution for an offence under subsection (1), a person liable to removal to India from Sri Lanka .

(4) No prosecution for an offence under subsection (1) shall be instituted except by, or with the written sanction of, the Commissioner.

(1) The Minister may, by order (in this Act referred to as a ” removal order “), direct the holder of any prescribed office, to arrest, detain and take on board any such to ship or aircraft as may be determined by such holder a person liable to removal to India from Sri Lanka, and such holder may direct that the master of that ship, or the captain of that aircraft, as the case may be, so determined shall remove such person to India from Sri Lanka.

(2) Any order made by the Minister under this section, and any powers conferred by such order may be exercised, in relation to any person, notwithstanding that such person is serving a sentence of imprisonment imposed by a court under this Act or any other law.

(3) Any peace officer may use all such force as may be necessary for the purpose of giving effect to any order made under this section.

(4) Any order made under this section in respect of any person shall be final and conclusive if, but only if, the name of such person is registered in the Indo-Ceylon Agreement Indian Citizenship Register.

(1) Where the master of a ship or captain of an aircraft has been directed under section 16 to remove a person specified in the order to India from Sri Lanka and he fails so to do, he shall be guilty of an offence under this Act, and shall on conviction be liable to a fine of not less than two hundred rupees and of not more than five thousand rupees, or to. imprisonment of either description for a term of not less than three months and of not more than five years, or to both such fine and imprisonment.

(2) Where the punishment imposed on the master of a ship or the captain of an aircraft for an offence under subsection (1) consists of or includes a fine and the whole or a part of the fine remains unpaid within seven days from the date of the imposition of the fine, the court which imposed the fine may direct the amount remaining unpaid to be levied by the distress and sale of that ship or aircraft, as the case may be.

(3) Where proceedings have been instituted in a court against the master of a ship or the captain of an aircraft for an offence under subsection (I), clearance outwards of that ship or aircraft, as the case may be, may be refused until the conclusion of such proceedings or until the fine, if any, imposed by the court has been paid.

(1) For the purpose of assisting Minister in the disposal of applications for registration as a citizen of Sri Lanka under this Act, or for the purpose of verifying the correctness of any information or particulars furnished by any person under this Act, the Commissioner may make such house to house or other inquiry as he may deem necessary, either by himself or through any other person appointed by the Commissioner. For the purpose of such inquiry, the Commissioner may require any householder or any person owning or occupying any land or premises, or residing or in employment, in any area or the agent of such person to give in such form as may, from lime to time, be provided by the Commissioner, any information in the possession of such person or agent which the Commissioner may require for that purpose- Any notice requiring information under this subsection may be sent by ordinary letter post to the person from whom the information is required or may be delivered to him or an adult member of his household.

(2) All officers in the service of the Government of Sri Lanka, all local authorities, and all individuals or bodies of persons (whether corporate or unincorporate), are hereby authorized and required to furnish to the Commissioner all such information as he may require for any of the purposes referred to in subsection (1).

(3) Every person who, being in possession of any information required by the Commissioner under subsection (1), fails to give such information to the Commissioner, or to any person appointed by the Commissioner for that purpose, or willfully gives any false information, shall be guilty of an offence under this Act, and shall on conviction be liable to a fine not exceeding two hundred and fifty rupees, or to imprisonment of either description for a term not exceeding three months, or to both such fine and imprisonment.

(1) For any of the purposes referred to in section 19 (1), the Commissioner

(2) Every person

(1) Save as otherwise expressly provided in this Act, any document, decision or other matter which is required by or under this Act to be served on, or notified to, any person shall, if it is not served on, or notified personally to, such person, be deemed to have been duly served or notified

(2) It shall be the duty of the person in charge of any estate, by whatsoever name or designation called, to furnish to the Commissioner, at all such times and in such form as may be prescribed, returns containing all such particulars as may be so prescribed relating to any document, decision or other matter which is addressed to such person for delivery to any other person under this Act.

(3) In this section, the term “document” means any order, notice or other document by whatsoever name or designation called.

(4) Every person who contravenes or fails to comply with the provisions of subsection (2) shall be guilty of an offence under this Act and shall be liable, on conviction, to a fine not exceeding two hundred and fifty rupees, or to imprisonment of either description for a term not exceeding three months, or to both such fine and imprisonment.

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act.

(2) Without prejudice to the generality of the powers conferred by subsection (11), the Minister may make regulations in respect of all or any of the following matters :

(3) No regulation shall have effect until that regulation has been approved by Parliament. Notification of such approval shall be published in the Gazette.

(4) Upon the publication in the Gazette of the notification of the approval of any regulation, that regulation shall be deemed to be as valid and effectual as though it were herein enacted.