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SRI LANKA'S LAWS
| Indian And Pakistani Residents
(Citizenship) |
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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.
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Act
Nos, 3 of 1949, 37
of 1950, 45 of 1952
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| [5th August ,
1949 ] |
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Short title.
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1. This
Act may be cited as the Indian and
Pakistani Residents (Citizenship)
Act.
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Acquisition of
citizenship by registration under this
Act.
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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.
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3.
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(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-
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(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 |
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(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. |
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(2) The
appropriate minimum period of
uninterrupted residence required by
paragraph (a) of subsection (1)
shall-
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(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 |
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(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. |
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(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-
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(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 |
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(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. |
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(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. |
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Scope of privilege
conferred by this Act.
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4.
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(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: |
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Provided that any
such Indian or Pakistani resident,
being either-
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(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 |
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(ii) a minor who is
dependent on his father or on
his widowed or unmarried
mother, |
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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. |
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(2) In the
exercise of the aforesaid
privilege-
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(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 |
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(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. |
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(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-
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(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 |
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(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. |
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The
privilege extended to a widow or a
minor by the preceding provisions of
this subsection is hereinafter
referred to as " the extended
privilege ". |
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(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. |
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Time-limit for exercise
of privilege.
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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.
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6. It shall
be a condition for allowing any
application for registration under this
Act that the applicant shall
have-
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(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 |
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(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-
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(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; |
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(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 ; |
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(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
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(iv) that
the applicant clearly
understands that, in the
event of being registered as
a citizen of Ceylon-
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(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 |
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(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. |
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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. |
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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. |
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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. |
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Applications.
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7.
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(1) Every
application for registration under
this Act shall-
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(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
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(b) be supported by
affidavits of the applicant as
to the facts and particulars
set out in the application ;
and |
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(c) be addressed, and be
transmitted or delivered to the
Commissioner. |
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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. |
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(2)
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(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. |
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(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. |
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(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. |
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(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. |
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(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-
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(a) where the minor is of
or over the age of four- teen
years, the application may be
signed by the minor ;
and |
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(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. |
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(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. |
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Verification of
application.
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8.
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(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. |
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(2) The
investigating officer to whom an
application is referred
shall-
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(a) make such
investigations as may appear to
him to be necessary for
verifying the particulars and
statements set out in the
application ; and |
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(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. |
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(3) For the
purposes of subsection (2), the
investigating officer may-
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(a) visit the place where
the applicant resides and each
of the other places, if any,
where he claims to have resided
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(b) examine the originals
of any documents of which
copies were sent with the
application. |
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(4)
The report of the investigating
officer on each application shall be
taken into consideration by the
Commissioner in dealing with that
application. |
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Registration of widow
or children of deceased
applicant.
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9.
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(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. |
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(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 : -
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(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. |
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(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. |
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(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. |
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Refusal of
application.
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10.
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(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. |
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(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. |
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(3) Where cause
is shown by the applicant within
the aforesaid period, the
Commissioner may either-
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(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 |
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(b) take the steps he is
hereinafter authorized to take
whenever there is a prima facie
case for allowing an
application. |
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Notice calling for
objections.
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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.
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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.
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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. |
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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.
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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. |
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A copy of such order
shall in every case be served on the
applicant. |
Provisions as to
inquiries.
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15.
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(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. |
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(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. |
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(3) The
Commissioner shall, for the
purposes of any inquiry under this
Act, have all the powers of a
District Court-
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(b) to compel the
production of documents,
and |
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(c) to administer any
oath or affirmation to
witnesses. |
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(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. |
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(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. |
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(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. |
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(7) At the close
of an inquiry held in pursuance of
section 10 (3) (a) or of section
14, the Commissioner shall
either-
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(a) take the steps he is
herein before authorized to
take whenever there is a prima
facie case for allowing an
application ; or |
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(b) make order refusing
the application. |
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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. |
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Appeals, &c.
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16.
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(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. |
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(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. |
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(3) The date on
which an order allowing an
application takes effect
shall-
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(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 |
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(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. |
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Registration and issue of
certificate and notification.
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17.
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(1) As soon as
may be after an order allowing an
application takes effect, the
Commissioner shall-
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(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 ; |
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(b) issue to the
applicant a certificate of
registration in the prescribed
form ; and |
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(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. |
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(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. |
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Status of persons who are
registered under this Act and have
subscribed the oath or affirmation of
citizenship.
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18.
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(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. |
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(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. |
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Administrative
arrangements.
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19.
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(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. |
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(2) There may
also be appointed-
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(a) a Deputy Commissioner
for the whole of Ceylon or two
or more Deputy Commissioners
for specified areas of
Ceylon; |
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(b) such number of
investigating officers as the
Minister may from time to time
specify ; and |
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(c) such other officers,
clerks, stenographers,
interpreters and servants as
may be necessary to assist the
Commissioner. |
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(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. |
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(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, |
| |
(c)
notices and
notifications, |
| |
(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.
|
|
(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. |
|
|
(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 ; |
|
|
" 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 |
|
|
(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. |
|
|
