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Grant of Citizenship to Stateless Persons (Special Provisions) Act, No. 39 of 1988

Publisher National Legislative Bodies / National Authorities
Author Democratic Socialist Republic of Sri Lanka
Publication Date 11 November 1988
Reference LKA-125
Related Document Grant of Citizenship to Stateless Persons (Special Provisions) (Amendment) Act, No.5 of 2009
Cite as Grant of Citizenship to Stateless Persons (Special Provisions) Act, No. 39 of 1988 [],  11 November 1988, available at: http://www.refworld.org/docid/3ae6b5084.html [accessed 2 September 2014]
Comments This is an official translation of the Act, No. 39 of 1988, as published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka of November 11, 1988. This document includes only selected provisions.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.
Date of entry into force:11 November 1988

2. Grant of citizenship to certain stateless persons

Notwithstanding the provisions of any other law every person who -

(a)is of Indian origin lawfully resident in Sri Lanka;

(b)is stateless; and

(c)is not within the 506,000 persons referred to in the Grant of Citizenship of Stateless Persons Act, No. 5 of 1986, who have applied to the Indian High Commission for the Grant of Indian Citizenship, and the children born to them after October 30, 1964,

shall have the status of Citizen of Sri Lanka with effect from the date of the commencement of this Act and shall be entitled to all the rights and privileges to which other citizens of Sri Lanka are entitled to by law.

3. Status of persons who become citizens under this Act

(1)Every person who is a citizen of Sri Lanka by reason of the operation of section 2 -

(a)shall be subject to the same obligations and liabilities in law as citizens of Sri Lanka, including the provisions of Law relating to the liability to loss or deprivation of citizenship, and the renunciation of citizenship, in like manner and to the same extent as other citizens of Sri Lanka;

(b)shall be deemed in law to have renounced all rights to the civil and political status such person may have had, or would but for this Act have had, under any law in force in the territory of the origin of such person or such person's parent, ancestor or husband, as the case may be; and

(c)shall, in all matters relating to, or connected with, status, personal rights and duties, and property in Sri Lanka, be subject to the laws of Sri Lanka.

4. Certificate of Citizenship

(1)Any person who is a citizen of Sri Lanka by reason of the provision of section 2 of this Act may if he so desires, apply to the Commissioner for a Certificate of Citizenship substantially in the form set out in Schedule A to this Act and the Commissioner shall, subject to the provisions of subsection (3) of this section, issue a certificate within sixty days of the receipt of such application by him, and such certificate shall be substantially in the Form set out in Schedule B to this Act.

(2)Such application shall be accompanied by a declaration under oath or affirmation substantially in the form set out in Schedule A to this Act.

(3)In respect of persons born prior to October 30, 1964, the Commissioner is empowered to issue certificates under this Act only to the balance of 469,000 persons to whom certificates have not been issued under the Indo-Ceylon Agreement (Implementation) Act, No. 14 of 1967, on the date of commencement of this Act.He shall obtain the prior approval of the Minister for the issue of a certificate under subsection (1) to any person in excess of this number.

(4)No person shall require the production of a Certificate referred to in subsection (1) for any purpose and an affidavid shall be accepted as prima facie evidence of the facts stated therein.

5. Offences

Any person who knowingly makes a declaration which is false with regard to any particular, required to be stated in application made under section 4, shall be guilty of an offence under this Act, and shall on conviction by a Magistrate after summary trial be liable to imprisonment not exceeding one year or to a fine not exceeding rupees five thousand or to both such fine and imprisonment, and the Magistrate shall, if he is satisfied that the Certificate issued on the faith of such declaration would not have been issued but for such false statement in such declaration, make order cancelling such Certificate.

6. Interpretation

In this Act -

"the Commissioner" means the Commissioner for the Registration of Persons of Indian Origin appointed under the Indo-Ceylon Agreement (Implementation) Act, No. 14 of 1967.

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