INDO-CEYLON AGREEMENT (IMPLEMENTATION) ACT

Arrangement of Sections

1. Short title.

2. This Act not to preclude or prohibit grant or obtainment of Sri Lanka citizenship by registration under any other written law.

PART I

Administration

3. Commissioner, Deputy Commissioners and Assistant Commissioners.

4. Special assignment by Commissioner to other officers.

5. Books to be opened and maintained for the purposes of this Act.

PART II

Acquisition of Sri Lanka Citizenship by Registration under This Act

6. This Part of this Act to prevail over certain to the law.

7. Applications for the grant of the status of a citizen of Sri Lanka by registration under this Act.

8. Disposal of applications for the grant of the status of a citizen of Sri Lanka by registration under this Act.

9. Special provisions regarding sections 7 and 8.

10. Registration as a citizen of Sri Lanka under this Act and issue of certificate and notification.

11. Status of persons who are registered under this Act and have subscribed the oath or affirmation of citizenship.

12. Offences in respect of applications for citizenship and power of the Minister to cancel citizenship in such cases.

PART III

Liability for Repatriation and Removal to India from Sri Lanka

13. Liability of persons to whom the Indo-Ceylon Agreement applies to be repatriated to India.

14. Issue of certificate as to recognition as a citizen of India.

15. Residence permits.

15A. Prohibition of employment of persons liable to removal to India from Sri Lanka.

PART IV

Removal of Persons to India from Sri Lanka

16. Removal orders in respect of persons liable to repatriation.

17. Offence by the matter of ship or captain of aircraft.

18. Money and property of persons removed may be applied in payment of costs and charges.

PART V

General

19. Powers to the make inquiries.

20. Special powers in relation to estates.

21. Expenses of administration of this Act.

22. Exemption from stamp duties.

23. Delegation of certain powers by the Minister.

24. Service of documents.

25. Effect of orders or decisions being final and conclusive.

26. Regulations.

27. Offence triable summarily.

28. Certain circumstances not to prejudice the operation of Immigrants and Emigrants

29. Interpretation.

14 of 1967,

43 of 1971,

47 of 1981.

AN ACT to make all such legal provision as may be necessary to enable and facilitate the implementation of an agreement between the government of Sri Lanka and the government of India relating to the status and future of persons of Indian origin in Sri Lanka and for matters connected therewith or incidental thereto.

[Date of Commencement: 15th November, 1967]

1. Short title.

This Act may be cited as the Indo-Ceylon Agreement (Implementation) Act.

2. This Act not to preclude or prohibit grant or obtainment of Sri Lanka citizenship by registration under any other written law.

The provisions of this Act shall not be deemed or construed to preclude or prohibit a person to whom the Indo-Ceylon Agreement applies from being granted, or from obtaining, the status of a citizen of Sri Lanka by registration1 under any written law, other than this Act.

PART I

Administration

3. Commissioner, Deputy Commissioners and Assistant Commissioners.

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

(a) a person, by name or by office, to be or to act as the Commissioner for the Registration of Persons of Indian Origin;

(b) a person, or two or more persons, by name or by office, to be or to act as a Deputy Commissioner, or Deputy Commissioners, for the Registration of Persons of Indian Origin; and

(c) two or more persons, by name or by office, to be or to act as Assistant Commissioners for the Registration of Persons of Indian Origin.

(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.

4. Special assignment by Commissioner to other officers.

(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, authorise 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.

5. Books to be opened and maintained for the purposes of 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 gr anted 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 recognised 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.

PART II

Acquisition of Sri Lanka Citizenship by Registration under This Act

6. This Part of this Act to prevail over certain of the law.

This Part of this Act shall have the force and effect of law notwithstanding anything to the contrary in any other law relating to the grant of the status of a citizen of Sri Lanka; and accordingly, in the event of any conflict or inconsistency between this Part of this Act and the provisions of such other law, this Part of this Act shall prevail over such provisions.

7. Applications for the grant of the status of a citizen of Sri Lanka by registration under this Act.

(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)—

(a) shall be made in the prescribed form;

(b) shall be made so as to reach the Commissioner at any time during the notified period.

(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.

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