Indian And Pakistani Residents (Citizenship), 1949 as amended

SRI LANKA'S LAWS

Indian And Pakistani Residents (Citizenship)

AN ACT TO MAKE PROVISION FOR GRANTING THE STATUS OF A CITIZEN OF CEYLON BY REGISTRATION TO INDIANS AND PAKISTANIS WHO HAVE THE QUALIFICATION OF PAST RESIDENCE IN CEYLON FOR A CERTAIN MINIMUM PERIOD.

Act Nos, 3 of 1949, 37 of 1950, 45 of 1952

[5^th August , 1949 ]

Short title.	1. This Act may be cited as the Indian and Pakistani Residents (Citizenship) Act.

Acquisition of citizenship by registration under this Act.

2. Notwithstanding anything in any other law, an Indian or Pakistani resident to whom this Act applies may be granted the status of a citizen of Ceylon by registration, upon the conditions and in the manner prescribed by this Act.

Application of Act.

(1) This Act shall, subject to the provisions of section 4, apply solely to those Indian or Pakistani residents in Ceylon who are possessed of the special residential qualification, which in each case shall consist-

(a) in the first instance, of uninterrupted residence in Ceylon, immediately prior to the 1st day of January, 1946, for a period not less than the appropriate minimum period hereinafter specified ; and

(b) secondly, of uninterrupted residence in Ceylon from the aforesaid day to the date of the application made in that case for registration under this Act.

(2) The appropriate minimum period of uninterrupted residence required by paragraph (a) of subsection (1) shall-

(a) in the case of a person who is unmarried at the date of his application for registration, or in the case of a married person whose marriage has been dissolved by death or divorce prior to that date, be a period of ten years ; and

(b) in the case of any married person (not being a married person referred to in paragraph (a) of this subsection), be a period of seven years.

[ 2, 37 of 1950.]

(3) For the purposes of this Act, the continuity of residence of an Indian or Pakistani resident shall be deemed to have been uninterrupted notwithstanding his absence from Ceylon for any period-

(a) if he was, during that period, in the employment of the Government of Ceylon and resident in another country for the purposes of such employment ; or

(b) if, having become while in Ceylon a member or an employee of any of Her Majesty's forces, he was during that period on service in any other country as such member or employee.

[ 2, 37 of 1950.]

(4) For the purposes of this Act and without prejudice to the provisions of subsection (3), the continuity of residence of an Indian or Pakistani in Ceylon shall, notwithstanding his occasional absence from Ceylon, be deemed to have been uninterrupted if, but only if, such absence did not on any one occasion exceed twelve months in duration.

Scope of privilege conferred by this Act.

(1) Any Indian or Pakistani resident to whom this Act applies may, irrespective of age or sex, exercise the privilege of procuring registration as a citizen of Ceylon for himself or herself, and shall be entitled to make application therefor in the manner hereinafter prescribed:

Provided that any such Indian or Pakistani resident, being either-

(i) a married woman who is not living apart from her husband in accordance with a duly executed deed of separation or a decree of separation pronounced by a competent court, or

(ii) a minor who is dependent on his father or on his widowed or unmarried mother,

shall not exercise the aforesaid privilege independently of the husband or of the father or the mother, as the case may be, or be entitled to make a separate application for registration.

(2) In the exercise of the aforesaid privilege-

(a) a male Indian or Pakistani resident, if he is married, may procure, in addition to his own registration, the registration of his lawful wife (whether or not she is herself possessed of the special residential qualification) or of any legitimate minor child born to him of that or any previous marriage or any minor child borne by his wife prior to that marriage, who may be ordinarily resident in Ceylon and dependent on him ; and

(b) a female Indian or Pakistani resident to whom the proviso to subsection (1) does not apply, if she is herself possessed of the special residential qualification, may procure, in addition to her own registration, the registration of any minor child of hers who may be ordinarily resident in Ceylon and dependent on her.

(3) Where any Indian Pakistani resident has died after acquiring the qualification specified in paragraph (a) of section 3 (1) and while continuing to have uninterrupted residence in Ceylon as defined in section 3 (4) from the 1st day of January, 1946, until the date of his death, the privilege that such Indian or Pakistani resident might, if alive, have exercised under this Act, shall be extended to each person whose registration such Indian or Pakistani resident could have procured under subsection (2), and may accordingly be exercised-

(a) in any case where such Indian or Pakistani resident was a male, by his widow (notwithstanding that she may herself not be possessed of the special residential qualification) and by each legitimate minor child of his who is not dependent on the widow if at the time of his death the widow was not living apart from him in accordance with a duly executed deed of separation or decree of separation pronounced by a competent court or such child was ordinarily resident in Ceylon and depen-dent on him, and if such widow or child has continued to be resident in Ceylon after his death to the date of any application for registration that such widow or child may decide to make under this Act; and

(b) in any case where such Indian or Pakistani resident was a female, by each minor child of hers, if such child was ordinarily resident in Ceylon and dependent on her at the time of her death and has continued to be resident in Ceylon after her death to the date of application as aforesaid.

The privilege extended to a widow or a minor by the preceding provisions of this subsection is hereinafter referred to as " the extended privilege ".

(4) No application purporting to be made under this Act by any person, other than an Indian or Pakistani resident entitled to exercise the privilege or a widow or a minor entitled to exercise the extended privilege herein before referred to, shall be entertained in any circumstances or on any ground whatsoever.

Time-limit for exercise of privilege.

5. The privilege or extended privilege conferred by this Act shall be exercised in every case before the expiry of a period of two years reckoned from the appointed date ; and no application made after the expiry of that period shall be accepted or entertained, whatsoever the cause of the delay.

Condition of allowing applications.

6. It shall be a condition for allowing any application for registration under this Act that the applicant shall have-

(1) first proved that the applicant is an Indian or Pakistani resident and as such entitled by virtue of the provisions of sections 3 and 4 to exercise the privilege of procuring such registration, or that the applicant is the widow or orphaned minor child of an Indian or Pakistani resident and as such entitled by virtue of those provisions to exercise the extended privilege of procuring such registration ; and

[ 2, 45 of 1952.]

(2) in addition, except in the case of an applicant who is a minor orphan under fourteen years of age, or of an applicant who is a student at any university or any Government or assisted school, or at any other educational institution approved by the Minister, produced sufficient evidence (whether as part of the application or at any subsequent inquiry ordered under this Act) to satisfy the Commissioner that the following requirements are fulfilled in the case of the applicant, namely-

(i) that the applicant is possessed of an assured income of a reasonable amount, or has some suitable business or employment . or other lawful means of livelihood, to support the applicant and the applicant's dependants, if any;

[ 2, 45 of 1952.]

(ii) where the applicant is a male married person (not being a married person referred to in paragraph (a) of section 3 (2)), that his wife was uninterruptedly resident in Ceylon from a date not later than the first anniversary of the date of her marriage and until the date of the application, and in addition, that each minor child dependent on the applicant was uninterruptedly resident in Ceylon from a date not later than the first anniversary of the date of the child's birth and until the date of the application ;

(iii) that the applicant is free from any disability or incapacity which may render it difficult or impossible for the applicant to live in Ceylon according to the laws of Ceylon ;

(iv) that the applicant clearly understands that, in the event of being registered as a citizen of Ceylon-

[ 3, 37 of 1950.]

(a) the applicant will be deemed in law to have renounced all rights to the civil and political status the applicant has had, or would, but for such registration in Ceylon have had, under any law in force in the territory of origin of the applicant or the applicant's parent, ancestor or husband, as the case may be, and

(b) in all matters relating to or connected with status, personal rights and duties and property in Ceylon, the applicant will be subject to the laws of Ceylon.

[ 2, 45 of 1952]

Nothing in the preceding paragraph (2) (ii) shall require or be deemed to require that any wife or minor child should have been resident in Ceylon at any time prior to the 1st day of January, 1939.

For the purposes of the preceding paragraph (2) (ii), the continuity of residence of the wife or a minor child of an applicant shall notwithstanding her or his occasional absence from Ceylon be deemed to have been uninterrupted if such absence did not on any one occasion exceed twelve months in duration.

For the purposes of the preceding paragraph (2) (ii), the continuity of residence of the wife or a minor child of an applicant shall not be deemed to have been interrupted by reason that she or he was not resident in Ceylon during the period commencing on the 1st day of December, 1941, and ending on the 31st day of December, 1945, or during any part of that period, if the Commissioner is satisfied that she or he did not reside in Ceylon during that period or part thereof owing to apprehension of enemy action in or against Ceylon or owing to special difficulties caused by the existence of a state of war.

Applications.

(1) Every application for registration under this Act shall-

(a) be in the prescribed form and contain all the relevant particulars, explanations, answers or other statements for which provision is made in that form ;

(b) be supported by affidavits of the applicant as to the facts and particulars set out in the application ; and

Nothing in the preceding provisions of this subsection shall be deemed to preclude an applicant from submitting, at any time before the disposal of the application, affidavits of other persons who have direct knowledge of any facts or particulars set out in the application or the names of any such persons or certified copies of any documents on which the applicant relies for proof of anything set out in the application.

(2)

(a) Where a male applicant, who has a wife not living apart from him in accordance with a duly executed deed of separation or a decree of separation pronounced by a competent court or any minor child or children of any lawful marriage of his or any child or children of his wife ordinarily resident in Ceylon and dependent on him, desires such wife or child or children to be registered simultaneously with himself, there may be included in the application an express request by him in that behalf.

(b) Where any such request is included in an application, there shall be set out in the application, in respect of the wife or each such child, as the case may be, all the particulars for furnishing which in such circumstance provision is made in the prescribed form of application.

(c) In the case of any wife or child in respect of whom a request under subsection (2) has not been included in the application, the applicant may make the like request at any time before the final disposal of the application, by letter setting out the aforesaid particulars and addressed to the Commissioner.

(3) A widow (whether she is exercising the privilege, or is exercising the extended privilege, conferred by this Act), or a woman whose marriage has been dissolved by decree of a competent court, or a woman who is living apart from her husband in accordance with a duly executed deed of separation or a decree of separation pronounced by a competent court, may include in her application or make by subsequent letter, as in the case provided for in subsection (2) (c), a request for the registration of any minor child borne by her, ordinarily resident in Ceylon, and dependent on her.

(4) In the case of an orphaned minor making an application, whether in the exercise of the privilege or in the exercise of the extended privilege conferred by this Act-

(a) where the minor is of or over the age of four- teen years, the application may be signed by the minor ; and

(b) where the minor is under the age of fourteen years, the application shall be signed by the guardian or the person having the care and custody of the minor.

[ 3, 45 of 1952.]

(5) Where a request has been made under this section for the registration, simultaneously with an applicant, of a person who was a minor at the date of the application, the attainment of majority by such person during the pendency of the application, or the marriage of such person (if a female) during the pendency of the application, shall not prevent the registration of such person under this Act.

Verification of application.

(1) As soon as may be after the receipt of each application, the Commissioner shall refer the application, for verification of the particulars and statements therein and for such report thereon as may be necessary, to the investigating officer of the area or each of the areas in Ceylon, in which the applicant claims to be, or to have been, ordinarily resident.

(2) The investigating officer to whom an application is referred shall-

(a) make such investigations as may appear to him to be necessary for verifying the particulars and statements set out in the application ; and

(b) furnish a report to the Commissioner as to the nature of the investigations conducted by him, the facts which were disclosed to him or discovered by him in the course of such investigations, and his conclusions as to the correctness or otherwise of the particulars or statements set out in the application.

(3) For the purposes of subsection (2), the investigating officer may-

(a) visit the place where the applicant resides and each of the other places, if any, where he claims to have resided ; or

(b) examine the originals of any documents of which copies were sent with the application.

(4) The report of the investigating officer on each application shall be taken into consideration by the Commissioner in dealing with that application.

Registration of widow or children of deceased applicant.

[ 4, 45 of 1952.]

(1) Where any person who has made an application for registration under this Act dies before an order is made by the Commissioner allowing or refusing the application, then if, but only if, the applicant had prior to the death duly made a request under section 7 for the registration, simultaneously with the applicant, of any other person or persons, the Commissioner shall proceed with the consideration of the application notwithstanding the death in order to determine whether or not the applicant if alive would have been entitled to registration under this Act ; and if the final determination upon the application is that the applicant would have been so entitled, each person for whose registration a request had been duly made by the applicant shall be registered under this Act.

(2) The succeeding provisions of this Act shall, in their application in relation to any case referred to in subsection (1) of this section, have effect subject to the following modifications : -

(a) Any notice or other document required under any such provision to be served on the applicant shall be served on his widow if a request for her registration had been made by the applicant, and in any other case shall be served on such person or persons as may be specified in that behalf by regulations which are hereby authorized to be made for the purpose under section 22.

(b) Every reference in any such provision to the applicant shall be construed as a reference to the person or each person to whom notices are required as provided in paragraph (a) of this subsection to be served, and accordingly such person or each such person shall have the right to prefer an appeal to the Supreme Court as though he were the applicant.

(c) Where registration is to be effected in pursuance of the provisions of subsection (1), a certificate of registration shall be issued to such person or to each such person as may be specified in that behalf by regulations which are hereby authorized to be made in that behalf under section 22.

Refusal of application.

10.

(1) Where, upon the consideration of any application, the Commissioner is of opinion that a prima facie case has not been established, he shall cause to be served on the applicant a notice setting out the grounds on which the application will be refused and giving the applicant an opportunity to show cause to the contrary within a period of three months from the date of the notice.

(2) Where no cause is shown by the applicant within the aforesaid period, the Commissioner shall make order refusing the application and cause a copy of the order to be served on the applicant.

(3) Where cause is shown by the applicant within the aforesaid period, the Commissioner may either-

(a) make an order appointing the time and the place for an inquiry and cause a copy of that order to be served on the applicant; or

(b) take the steps he is hereinafter authorized to take whenever there is a prima facie case for allowing an application.

Notice calling for objections.

11. Where, upon the consideration of an application, the Commissioner is of opinion that there is a prima facie case for allowing the application, he shall give public notice in the prescribed manner that an order allowing the application will be made unless any written objection to the making of such order together with a statement of the grounds or facts on which such objection is based, is received by him from any member of the public within a period of one month from the date on which the notice is published.

Application to be allowed in the absence of objections.

12. Where no objection is received in response to the notice within the period specified therein, the Commissioner shall forthwith make order allowing the application.

Inquiry into objections.

13. Where any objection is received within the period specified in the notice, the Commissioner shall make order appointing the date and the place for an inquiry into the matter of the objection.

A copy of such objection and of the statement referred to in section 11 and of the order shall in every case be served on the applicant.

Power of Commissioner to hold inquiry of his own motion.

14. Where, in considering any application, the Commissioner is of opinion that any matter or matters arising therefrom or connected therewith should be further investigated, he may of his own motion order an inquiry and specify in the order each matter which is to be inquired into and the date and the place appointed by him for the inquiry.

A copy of such order shall in every case be served on the applicant.

Provisions as to inquiries.

15.

(1) The place appointed for each inquiry, under section 10 or section 13 or section 14, shall be some place convenient to the applicant within the area in which he resides.

(2) Every inquiry shall be conducted by the Commissioner : Provided that if the Commissioner so directs, any inquiry may be held by the Deputy Commissioner who shall, in that event, exercise all the powers and perform all the functions vested in the Commissioner in that behalf by this Act.

(3) The Commissioner shall, for the purposes of any inquiry under this Act, have all the powers of a District Court-

(a) to summon witnesses,

(b) to compel the production of documents, and

(4) The proceedings at an inquiry shall as far as possible be free from the formalities and technicalities of the rules of procedure and evidence applicable to a court of law, and may be conducted by the Commissioner in any manner, not inconsistent with the principles of natural justice, which to him may seem best adapted to elicit proof concerning the matters that are investigated.

(5) The applicant or any person who has lodged any objection may be represented at an inquiry by proctor, or by advocate and proctor, or by any other agent or adviser authorized by him in that behalf either in writing or by oral statement made in the presence of the Commissioner.

(6) Save as otherwise provided in subsection (7), at the close of an inquiry the Commissioner shall make order allowing or refusing the application, or give notice of the date on which he proposes to make such order. Where he gives such notice, he shall make the order on that date.

(7) At the close of an inquiry held in pursuance of section 10 (3) (a) or of section 14, the Commissioner shall either-

(a) take the steps he is herein before authorized to take whenever there is a prima facie case for allowing an application ; or

(b) make order refusing the application.

Where such order is not to be made forthwith upon the conclusion of the inquiry, the Commissioner shall give notice of the date on which he proposes to make the order, and shall make the order on that date.

Appeals, &c.

16.

(1) An appeal against an order refusing or allowing an application for registration may be preferred to the Supreme Court in the prescribed manner by the applicant or, as the case may be, by the person who lodged any objection which has been overruled by the order.

(2) Each appeal under this section shall be preferred within three months of the date of the order by means of a petition setting out the facts and the grounds of the appeal.

(3) The date on which an order allowing an application takes effect shall-

(a) where an appeal has been preferred, be the date on which the Supreme Court affirms such order or makes or directs the Commissioner to make such order ; and

(b) where an appeal has not been preferred, be the date next succeeding the day on which the time-limit for appeals, specified in subsection (2), expires.

Registration and issue of certificate and notification.

17.

(1) As soon as may be after an order allowing an application takes effect, the Commissioner shall-

(a) cause the applicant to be registered as a citizen of Ceylon in a book to be kept for that purpose in the prescribed form ;

(b) issue to the applicant a certificate of registration in the prescribed form ; and

(c) publish in the Gazette a notification in the prescribed form setting out the fact of the registration of that applicant as a citizen of Ceylon.

(2) Where in any application which is allowed, a request for the registration of the wife or of any minor child of the applicant has been included or where such request has been made by a subsequent letter, as herein before provided, the name of the wife or of the child shall also be included in the registration entry, the certificate of registration and the notification made or issued under subsection (1) in respect of that applicant.

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

18.

(1) Every Indian or Pakistani resident registered as a citizen under this Act shall, as soon as may be after the date of his registration, subscribe the oath or affirmation of citizenship in the prescribed form, and shall thereupon be entitled to the same rights and be subject to the same obligations and liabilities, in law, as persons registered as citizens under any other law in force relating to the registration of persons other than Indian or Pakistani residents as citizens of Ceylon; 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 in the case of Indian or Pakistani residents registered as citizens under this Act.

(2) The requirements of subsection (1) 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 Ceylon with effect from the date of the certificate of registration relating to him.

Administrative arrangements.

19.

(1) For the purpose of inquiring into the applications of Indian or Pakistani residents for registration as citizens of Ceylon, registering such of those residents as are found to be qualified and administering the provisions of this Act generally, there shall be appointed an officer to be known as the Commissioner for the Registration of Indian and Pakistani Residents.

(2) There may also be appointed-

(a) a Deputy Commissioner for the whole of Ceylon or two or more Deputy Commissioners for specified areas of Ceylon;

(b) such number of investigating officers as the Minister may from time to time specify ; and

(c) such other officers, clerks, stenographers, interpreters and servants as may be necessary to assist the Commissioner.

(3) In the performance of his duties and the exercise of his functions under this Act, the Commissioner shall be subject to the general direction and control of the Minister.

(4) In all matters for which no express provision is made in this Act, the Deputy Commissioner or each Deputy Commissioner, and each investigating officer, shall perform such duties and exercise such functions as may be assigned to him. by the Commissioner with the general or special approval of the Minister.

(5) Every officer appointed for the purposes of this Act shall be deemed to be a public servant within the meaning of the Penal Code.

Exemption from stamp duties.

20. All declarations, affidavits, petitions of appeal and other documents of any description whatsoever, prepared or produced for the purposes of this Act or any proceedings or appeals thereunder, shall be free of stamp duty.

Service of documents.

21. Any order, notice or other document which is required by or under this Act to be served on an applicant or on a person who has lodged an objection shall, where it is not served personally on him, be deemed to have been duly served if it has been sent to him by post in a registered letter addressed to his last-known place of residence or of business.

Regulations.

22.

(1) The Minister may make all such regulations as may be necessary for prescribing-

(i) the form of-

(a) applications for registration,

(b) certificates of registration,

(d) the register of citizens required under this Act,

(e) the oaths to be taken for the purposes of this Act;

(ii) any matter of procedure incidental to the administration of this Act; and

(iii) any other matter which is authorized or required by this Act to be prescribed.

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation upon such publication.

(3) Every regulation made by the Minister shall as soon as may be after it is made be laid before the Senate and the House of Representatives ; and if a resolution is passed by the Senate or the House of Representatives, within forty days of the regulation being so laid, that the regulation shall be annulled, the regulation shall with effect from the date of the resolution be void but without prejudice to anything previously done thereunder.

Every regulation which is not so annulled shall be as valid and effectual as though it were herein enacted.

Retrospective effect of amendments.

23.

[ 5, 37 of 1950.]

(1) In any case where prior to the 7th day of December, 1950, the Commissioner had under section 10 of this Act made order refusing any application for registration, and the Commissioner is satisfied that the order of refusal would not have been made if the amendments made to this Act by Act No. 37 of 1950 had actually been in force at the time of the making of the order, the Commissioner may, of his own motion or upon application made to him for the purpose, revoke the order of refusal and take the steps he is authorized by this Act to take whenever there is a prima facie case for allowing an application.

[ 5, 43 of 1952.]

(2) In any case where prior to the 28th day of November, 1952, the Commissioner had under section 10 of this Act made order refusing any application for registration, and. the Commissioner is satisfied that the order of refusal would not have been made if the amendments made to this Act by Act No. 45 of 1952 had actually been in force at the time of the making of the order, the Commissioner may, of his own motion or upon application made to him for the purpose, revoke the order of refusal and take the steps he is authorized by this Act to take whenever there is a prima facie case for allowing an application.

Interpretation.

24. In this Act, unless the context otherwise requires-

" appointed date " means the 5th day of August, 1949 ;

[ 4, 37 of 1950.]

" Commissioner" means the Commissioner for the Registration of Indian and Pakistani Residents referred to in section 19 and includes a Deputy Commissioner ;

" Indian or Pakistani resident " means a person-

(a) whose origin was in any territory which, immediately prior to the passing of the Indian Independence Act, 1947, of the Parliament of the United Kingdom, formed part of British India or any Indian State, and

[ 4, 37 of 1950.]

(b) who has emigrated therefrom and permanently settled in Ceylon, and includes-

(i) a descendant of any such person ; and

(ii) any person permanently settled in Ceylon, who is a descendant of a person whose origin was in any territory referred to in the preceding paragraph (a) ;

" the special residential qualification" means the qualification of uninterrupted residence in Ceylon required by section 3.