REGISTRATION OF ELECTORS act

Arrangement of Sections

1. Short title.

PART I

QUALIFICATIONS OF ELECTORS

2. Circumstances disqualifying for registration.

3. Qualifying date for determining age.

4. Qualifying date for determining residence.

5. General qualification for electors.

6. Entry or retention of names in register under qualifying address.

7. Restriction on plural registration.

PART II

REGISTERING OFFICERS, POLLING DIVISIONS AND POLLING DISTRICTS

8. Appointment of Registering Officers.

9. Polling divisions and polling districts.

PART III

PREPARATION OF REGISTERS

10. Preparation of register.

11. Notice of certification of register to be given.

PART IV

REVISION OF REGISTERS

12. Revision of registers.

13. Method of Revising Register.

14. Claims and objections at revision of register.

15. Appeals to revising officer.

16. Penalty for false statements and wrongful claims.

17. Registering Officer to substitute correct qualifying address for incorrect qualifying address.

17A. Supplementary Register.

18. Registering Officer to certify the register.

19. Notices by Registering and Revising Officers and adjournments.

20. Notice of certification of register and commencement and period of operation.

PART V

GENERAL

21. Compilation and language of register.

22. Entering of name deleted from register.

23. Registering Officer to furnish Commissioner with certain particulars.

24. Powers and duties of the Commissioner.

25. Inaccurate description of persons or places.

26. Publication of notices, registers and other documents.

27. Repeals and transitional provisions.

28. Savings.

29. Interpretation.

SCHEDULE

44 of 1980,

10 of 1989.

AN ACT to provide for the registration of electors in terms of Article 101 of the Constitution and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 23rd January, 1981]

1. Short title.

This Act may be cited as the Registration of Electors Act.

PART I

QUALIFICATIONS OF ELECTORS

2. Circumstances disqualifying for registration.

No person shall be qualified to have his name entered or retained in any register of electors for any electoral district (hereinafter referred to as the "register”) in any year if such person is subject to any of the disqualifications specified in Article 89 of the Constitution.

3. Qualifying date for determining age.

The first day of June in any year is hereby prescribed as the qualifying date on which a person should have attained the age of eighteen years to qualify for the purposes of registration as an elector.

4. Qualifying date for determining residence.

(1) The first day of June in any year is hereby prescribed as the qualifying date on which a person should be resident in any electoral district to have his name entered or retained in the register of that electoral district.

(2) The address at which a person was ordinarily resident in any electoral district on the first day of June in any year is hereinafter referred to as his "qualifying address”.

(3) In the determination of any question as to a person's residence on the first day of June in any year, particular regard shall be had to the purpose and other circumstances, as well as to the fact, of his presence at, or absence from, the address in question, and in particular his absence from such address in the performance of any duty accruing from or incidental to any office, service or employment, held or undertaken by him.

5. General qualification for electors.

Subject to the provisions of section 6, every person not otherwise disqualified shall be qualified to have his name entered or retained in a register.

6. Entry or retention of names in register under qualifying address.

The name of a person shall be entered or retained in the register for any electoral district in any year under his qualifying address, and accordingly such person shall not be entitled to have his name so entered or retained under any other address;

Provided, however, that the registration of such person as an elector shall be deemed or construed not to be invalid or of no effect by reason only of the failure to comply with the preceding provisions of this section in respect of the entry or retention of his name in such register.

7. Restriction on plural registration.

(1) No person shall be entitled to have his name entered or retained in more than one register, notwithstanding that he may be qualified to have his name entered or retained in two or more registers.

(2) No person shall be entitled to have his name entered or retained more than once in the same register, notwithstanding that he may be qualified to have his name so entered or retained.

PART II

REGISTERING OFFICERS, POLLING DIVISIONS AND POLLING DISTRICTS

8. Appointment of Registering Offices.

(1) As soon as may be after the publication of the Proclamation under Article 97 of the Constitution, the Commissioner of Elections (hereinafter referred to as the "Commissioner”) shall appoint, by name or by office, a registering officer for each electoral district and may from time to time appoint by name or by office one or more persons to assist any registering officer in the performance of his duties.

A person so appointed to assist any such officer as aforesaid shall have all the powers and may perform all the duties of the officer whom he is appointed to assist, and any reference in this Act to a registering officer shall, unless the context otherwise requires, be deemed to include a reference to an assistant registering officer.

(2) An appointment made by the Commissioner under this section may be revoked by him at any time.

9. Polling divisions and polling districts.

(1) As soon as may be after the publication of the Proclamation under Article 97 of the Constitution, the registering officer of each electoral district specified in the Proclamation aforesaid, shall, in accordance with such directions as may be issued by the Commissioner,-

(a) divide that electoral district into polling divisions, and assign to each such polling division a distinguishing letter or letters;

(b) sub-divide each such polling division into polling districts and assign to each such polling district a distinguishing number; and

(c) publish in the Gazette a notice specifying—

(i) the polling divisions into which that electoral district has been divided and the distinguishing letter or letters assigned to each such polling division, and

(ii) the polling districts into which each such polling division has been sub-divided and the distinguishing number assigned to each such polling district.

(2) Unless the Commissioner otherwise directs, the sub-division of a polling division into polling districts shall be so made that each polling district, at the time of such sub-division, contains not more than one thousand five hundred electors.

(3) The division of an electoral district into polling divisions, and the sub-division of a polling division into polling districts may be altered by the registering officer as occasion may require ;

and upon any such alteration being made he shall publish in the Gazette a notice specifying, in relation to that electoral district, the particulars mentioned in paragraph (c) of subsection (1). Any such alteration shall come into effect on the date of publication of the notice under section 20 relating to the next certification of the register for such electoral district, but the revision of such register before such certification may be made on the basis of such alteration.

PART III

PREPARATION OF REGISTERS

10. Preparation of registers.

(1) As soon as may be after the publication of the Proclamation under Article 97 of the Constitution and after the publication of the notice referred to in section 9(1), the registering officer of each electoral district specified in such Proclamation shall prepare, or cause to be prepared, and certify a register for such electoral district, so however, that every name appearing in a register in operation or in those parts of a register in operation immediately prior to the publication of such Proclamation which relate to the area comprised in such electoral district shall appear in the register so prepared and certified together with the qualifying address under which such name so appeared in the register in operation.

(2) The registering officer shall, subject to the provisions of section 7, enter or cause to be entered in a register prepared under subsection (1), the names of persons who although their names are not in the register in operation or those parts of a register in operation referred to in that subsection appear to him to be qualified to have their names entered in the register so prepared.

(3) Before the certification of the register prepared for any electoral district under subsection (1), application may be made to the registering officer of that electoral district for the correction of an existing entry relating to the applicant in such register, and where such application is made, the registering officer shall, if he is satisfied after such inquiry as he deems fit that the entry relates to the applicant and is erroneous or defective in any particular, cause the necessary amendment in the entry to be made.

(4) Nothing in this Act shall be deemed to prohibit the registering officer, before certifying any register prepared under subsection (1), from correcting any clerical error which appears to him to have been made therein.

(5) In this section, "register in operation” means any register of electors for the time being in operation in terms of the Ceylon (Parliamentary Elections) Order in Council, 19461.

11. Notice of certification of register to be given.

(1) On the certification of a register under section 10 the registering officer shall give notice in the Gazette and in at least one newspaper in each of the National Languages that the register has been certified and that such register or a copy thereof is open for inspection at all reasonable hours of the day at the office of the registering officer or at such other place in the district as may be specified in the notice.

(2) A register for any electoral district shall come into operation on the date of the publication in the Gazette of the notice aforesaid, and such register shall continue in operation until superseded by the coming into operation of the next certified register as hereinafter provided.

PART IV

REVISION OF REGISTERS

12. Revision of registers.

(1) On or before the first day of June in each year after the register for any electoral district is first certified under section 10, the Commissioner shall cause the revision of such register to be commenced and a notification stating that the revision of such register has commenced and informing every person qualified to be an elector for such electoral district how he may ascertain whether his name is in such register and, if not, how he may secure its entry therein, to be published in the Gazette and in at least one newspaper in each of the National Languages and to be conspicuously displayed at public places within such electoral district.

(2) For the purpose of revising the register and of satisfying himself as to the qualification of any person for registration or determining whether the name of any person should be entered or retained in the register, the registering officer may make such house to house or other inquiry as he may deem necessary either by himself or through a person appointed by him. For the purpose of such inquiry the registering officer may require any householder or any person owning or occupying any land or premises in his electoral district or the agent of such person to give in such form as may from time to time be determined by the Commissioner, any information in the possession of such person or agent which the registering officer may require. 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 to an adult member of his household.

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