PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA · PRINTED AT THE DEPARTMENT OF...

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PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA REGISTRATION OF PERSONS (AMENDMENT) ACT, No. 8 OF 2016 Printed on the Order of Government [Certified on 07th July, 2016] PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5 Price : Rs. 20.00 Postage : Rs. 10.00 Published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka of July 08, 2016

Transcript of PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA · PRINTED AT THE DEPARTMENT OF...

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PARLIAMENT OF THE DEMOCRATICSOCIALIST REPUBLIC OF

SRI LANKA

REGISTRATION OF PERSONS(AMENDMENT) ACT, No. 8 OF 2016

Printed on the Order of Government

[Certified on 07th July, 2016]

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA

TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5

Price : Rs. 20.00 Postage : Rs. 10.00

Published as a Supplement to Part II of the Gazette of the DemocraticSocialist Republic of Sri Lanka of July 08, 2016

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1Registration of Persons (Amendment)Act, No. 8 of 2016

2—PL 009815—2961 (03/2016)

Short title.

[Certified on 07th July, 2016]

L.D.—O. 33/2013

AN ACT TO AMEND THE REGISTRATION OF PERSONS

ACT, NO. 32 OF 1968

BE it enacted by the Parliament of the Democratic SocialistRepublic of Sri Lanka as follows:-

1. This Act may be cited as the Registration of Persons(Amendment) Act, No. 8 of 2016.

2. The Long Title of the Registration of Persons Act,No.32 of 1968 (hereinafter referred to as the “principalenactment”) is hereby repealed and the following Long Titlesubstituted therefor:-

“AN ACT TO PROVIDE FOR THE REGISTRATION OF ALL CITIZENS OF

SRI LANKA; FOR THE ISSUE OF NATIONAL IDENTTY CARDS TO THE ELIGIBLE

CITIZENS SO REGISTERED, AND FOR MATTERS CONNECTED THEREWITH OR

INCIDENTAL THERETO.”

3. (1) In the principal enactment and in any other writtenlaw, there shall be substituted –

(a) for the words “Commissioner for the Registrationof Persons”, the words “Commissioner-General forthe Registration of Persons”;

(b) for the words “Register of Persons”, the words“National Register of Persons”;

(c) for the words “identity cards”, the words “nationalidentity cards”; and

(d) for the words “three copies of the photograph or aphotograph”, the word “photographs”.

Replacementof the Long Titleto the Registrationof Persons Act,No.32 of 1968.

“Commissioner forthe Registration ofPersons”,“Register ofPersons”, “IdentityCards” and “threecopies of thephotograph or aphotograph” to beknown as“Commissioner-General for theRegistration ofPersons”,“National Registerof Persons” ,“National IdentityCards” and“photographs”.

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2 Registration of Persons (Amendment)Act, No. 8 of 2016

(2) Every reference to the “Commissioner for theRegistration of Persons”, “Register of Persons”, “IdentityCards” and “three copies of the photograph or a photograph”in any notice, notification or other document shall be readand construed as a reference respectively to the“Commissioner-General for the Registration of Persons”,“National Register of Persons”, “National Identity Cards”and “photographs”.

(3) Every reference to the “Commissioner” in sections 3, 4,5, 6, 9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26,33, 36A, 37, 38, 39, 40, 41, 42, 43, 47, 51 and 55 in theprincipal enactment shall be read and construed as a referenceto “ the Commissioner-General for the Registration of Persons”.

4. The following new part is hereby insertedimmediately after section 1 and shall have effect as Part 1Aof the principal enactment:-

“PART 1 A

PRELIMINARY”

5. Section 2 of the principal enactment is herebyrepealed and the following section is substitutedtherefor:-

2. (1) From the date of commencement ofthis Act, every person who is a citizen of SriLanka and who has attained or attains theage of fifteen years shall be liable to registrationunder this Act.

(2) A person liable to registration shall,apply for such registration under this Act -

(a) for the purposes of section 6; and

(b) for the issue of a National IdentityCard,

within a prescribed period.

Insertion of newPart 1A in theprincipalenactment.

Replacement ofsection 2 of theprincipalenactment.

“Personsliable toregistration.

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3Registration of Persons (Amendment)Act, No. 8 of 2016

6. Part I of the principal enactment is hereby amendedby the substitution for the words “Part I”, of the followingwords:-

“PART 1 B”

7. Section 3 of the principal enactment is herebyamended by the insertion immediately after paragraph (a)of the following new paragraphs:-

“(aa) a person by name or by office, to be or to act as theAdditional Commissioner-General for theRegistration of Persons;

(aaa) a person, or two or more persons by name or byoffice, to be or to act as a Commissioner;”.

8. Section 4 of the principal enactment is herebyamended by the repeal of paragraph (b) thereof, and thesubstitution therefor of the following paragraph:-

“(b) the Additional Commissioner-General, anyCommissioner, any Deputy Commissioner, anyAssistant Commissioner, any Certifying Officer andany Registration Officer shall be subject to thegeneral or special directions of the CommissionerGeneral.”.

9. Section 5 of the principal enactment is herebyamended as follows:-

(1) by the repeal of subsection (1) of that section andthe substitution therefor, of the followingsubsection:-

“(1) The Commissioner-General may, eithergenerally or specially authorize the AdditionalCommissioner- General, any Commissioner, anyDeputy Commissioner, any Assistant

Amendment ofPart I of theprincipalenactment.

Amendment ofthe section 3 ofthe principalenactment.

Amendment ofsection 4 of theprincipalenactment.

Amendment ofsection 5 of theprincipalenactment.

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4 Registration of Persons (Amendment)Act, No. 8 of 2016

Commissioner, any District Secretary, DivisionalSecretary or any officer of the Department forthe Registration of Persons to exercise, performor discharge any power, duty or functionconferred or imposed upon, or assigned to, theCommissioner-General by or under this Act:

Provided however, that the precedingprovisions of this section shall not apply to thepower to compound offences conferred upon theCommissioner-General by section 51.”;

(2) by the substitution, in subsection (2) of that section,of the words “any Government Agent” of the words“ any District Secretary or any Divisional Secretary”;

(3) by the addition immediately after subsection (2) ofthat section of the following new subsections:-

“(3) The Commissioner-General mayestablish an office of the Department for theRegistration of Persons at provincial level,district level or divisional level as the case maybe, and appoint an officer to be in charge ofsuch office.

(4) The Commissioner-General may authorizethe officer in charge of the office referred to insubsection (3) to exercise, perform or dischargeany power, duty or function vested in, or imposedor conferred on the Commissioner-General inrespect of registering persons and issuing ofnational identity cards under this Act .”.

10. Section 6 of the principal enactment is herebyrepealed and the following new section substituted therefor:-

6. (1) For the purposes of this Act, theCommissioner- General shall establish andmaintain a database to be called the “NationalRegister of Persons” in the prescribed form and

Replacement ofsection 6 of theprincipalenactment.

“NationalRegister ofPersons.

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5Registration of Persons (Amendment)Act, No. 8 of 2016

manner, in which every person who is a citizenof Sri Lanka, shall be registered.

(2) There shall be recorded the followinginformation in respect of each person referredto in subsection (1)-

(a) name;

(b) date of birth;

(c) place of birth;

(d) gender;

(e) the address;

(f) family details; and

(g) any other information as may beprescribed.”.

11. The principal enactment is hereby amended bythe insertion immediately after section 6 thereof, of thefollowing new section which shall have effect as section 6A

in the principal enactment:-

6A. Every holder of a national identity cardissued under this Act, shall inform theCommissioner-General of any change ofcircumstances affecting the informationrelating to such person recorded in theNational Register of Persons, in the prescribedmanner and form within the prescribed period,for the purpose of updating the NationalRegister of Persons.”.

12. Section 9 of the principal enactment is herebyamended as follows:-

(1) in subsection (1) of that section, by the substitutionfor the words “Commissioner or GovernmentAgent” of the words “Commissioner-General”.

Insertion of newsection 6A in theprincipalenactment.

“Duty toinform theCommissioner-General ofchange ofinformation.

Amendment ofsection 9 of theprincipalenactment.

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6 Registration of Persons (Amendment)Act, No. 8 of 2016

(2) in subsection (2) of that section –

(a) by the repeal of paragraph (bb)(i) and thesubstitution therefor of the followingparagraph:-

“(i) if no certificate of waiver in respect ofthe fee for such registration which theMinister is hereby authorized to fix bynotification published in the Gazettehas been issued to applicant under thisAct, accompany a proof of payment ofsuch fee or substantiate such paymentthrough any prescribed mode ofpayment; or”;

(b) by the repeal of paragraph (c) and thesubstitution therefor of the followingparagraph:-

“(c) shall be signed by the applicantmanually or electronically; and”

(3) by the repeal of subsection (3) thereof and thesubstitution therefor of the followingsubsection:-

“(3) An application for registration shallcontain–

(a)(i) prescribed biometrics taken by theCommissioner- General or by a personauthorized by him;

(ii) photographs of the applicantof the prescribed dimensions,specifications, standards and quality;and

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7Registration of Persons (Amendment)Act, No. 8 of 2016

(b) an image of the applicant taken by theCommissioner- General or by a personauthorized by him.”.

13. Section 10 of the principal enactment is herebyamended by the repeal of paragraph (b) of subsection (1) ofthat section.

14. Section 11 of the principal enactment is herebyamended by the addition immediately after subsection (3)thereof, of the following new subsection:-

“(4) The Commissioner-General shall, after issuinga national identity card to the applicant, causethe application to be returned to the applicant orcause the application to be destroyed in the prescribedmanner.”.

15. Section 14 of the principal enactment is herebyrepealed and the following section is substituted therefor:-

14. The Commissioner - General shall, assoon as practicable after a person becomes aregistered person, issue to that person, anational identity card. Such card -

(a) shall be in the prescribed form andshall contain the prescribed particularsand the prescribed validity period;

(b) shall bear the photographs or the imagetaken by the Commissioner-General orby a person authorized by him; and

(c) shall bear the signature, or a facsimileof the signature of the Commissioner-General.”.

Amendment ofsection 10 ofthe principalenactment.

“NationalIdentityCards to beissued to aregisteredperson.

Replacement ofsection 14 ofthe principalenactment.

Amendment ofsection 11 ofthe principalenactment.

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8 Registration of Persons (Amendment)Act, No. 8 of 2016

16. Section 15 of the principal enactment is herebyrepealed and the following section substituted therefor:-

15. (1) The holder of a national identitycard shall, on a request made by theCommissioner-General or any other prescribedofficer, produce that card at such time andplace as shall be specified in such request, andpermit it to be inspected:

Provided, however, that no person shall bedeemed to have contravened the precedingprovisions of this section, if his nationalidentity card had, at the time of the allegedcontravention, been lost and he has compliedwith the provisions of subsection (1) of section16 relating to the reporting of such loss to thenearest police station and submitting adeclaration in writing to that effect to theCommissioner- General and the making of anapplication for the issue of a duplicate nationalidentity card.

(2) If in any prosecution against any personfor an offence under this Act by reason of acontravention of the provisions of sub-section(1), there is produced a certificate issued bythe Commissioner-General, the AdditionalCommissioner-General, a Commissioner, aDeputy Commissioner, an AssistantCommissioner, or a police officer of a rank notbelow that of Assistant Superintendent or anysuch public officer as may be notified for suchpurpose by the Minister from time to time inthe Gazette, to the effect that he is satisfiedthat such person is the holder of nationalidentity card, it shall be presumed, until thecontrary is proved by such person, that suchperson is the holder of such card.”.

Replacement ofsection 15 of theprincipalenactment.

“NationalIdentity cardto beproducedwhenrequired.

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9Registration of Persons (Amendment)Act, No. 8 of 2016

17. Section 16 of the principal enactment is herebyamended as follows:-

(1) by the repeal of subsection (1) thereof and thesubstitution therefor, of the following subsection:-

“(1) Any person who has lost his nationalidentity card shall immediately report such loss tothe nearest police station and submit a declarationto that effect to the Commissioner-General and shallthereafter forthwith apply to the Commissioner -General for a duplicate of that identity card.”

(2) in subsection (2) of that section -

(a) by the repeal of paragraph (b)(i) thereof andthe substitution therefor of the followingparagraph:-

“(i) if no certificate of waiver in respect ofthe fee for the issue of such duplicate whichthe Minister is hereby authorized to fix bynotification published in the Gazette hasbeen issued to the applicant under this Act,accompany a proof of payment of such fee orsubstantiate such payment through anyprescribed mode of payment; or”

(b) by the repeal of paragraph (c) thereof and thesubstitution, therefor of the followingparagraph:-

“(c) shall be signed by the applicantmanually or electronically ; and”

(c) by the repeal of paragraph (d) thereof and thesubstitution, therefor of the followingparagraph:-

“(d) shall contain –

(i) a certified copy of the relevantextract of the information book

Amendment ofsection 16 ofthe principalenactment.

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10 Registration of Persons (Amendment)Act, No. 8 of 2016

of the police station to which theloss of the original of such cardwas reported by the applicant;

(ii) prescribed biometrics taken bythe Commissioner- General or bya person authorized by him;

(iii) photographs of the applicant ofthe prescribed dimensions,specifications, standards andquality; and

(iv) an image of the applicant takenby the Commissioner- General orby a person authorized by him.”.

18. Section 17 of the principal enactment is herebyamended as follows:-

(1) by the repeal of subsection (1) of that section andthe substitution therefor of the followingsubsection:-

“(1) Where a national identity card is damaged,defaced or illegible or in danger of becomingillegible or where the information appearing inthe national identity card is changed, or where theholder of a national identity card is of the opinionthat such identity card carries incorrect informationof which he is aware, the holder of that card shallforthwith –

(a) report that fact in writing to theCommissioner- General; and

(b) apply to the Commissioner- General for aduplicate of that card.”

Amendment ofsection17 of theprincipalenactment.

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11Registration of Persons (Amendment)Act, No. 8 of 2016

(2) in subsection (2) of that section-

(a) by the repeal of paragraph (aa)(i) thereof andthe substitution therefor of the followingparagraph:-

“(i) if no certificate of waiver in respect ofthe fee for the issue of a duplicate of suchcard has been issued to the applicant underthis Act, accompany a proof of payment ofsuch fee or substantiate such paymentthrough any prescribed mode of payment;or”

(b) by the repeal of paragraph (b) of that sectionand the substitution therefor of the followingparagraph:-

“(b) shall be signed by the applicantmanually or electronically; and”

(c) by the repeal of paragraph(c) thereof and thesubstitution therefor of the followingparagraph:-

“(c) shall contain -

(i) prescribed biometrics taken bythe Commissioner-General or bya person authorized by him;

(ii) photographs of the applicant ofthe prescribed dimensions,specifications, standards andquality;

(iii) an image of the applicant takenby the Commissioner-General orby a person authorized by him,;and

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12 Registration of Persons (Amendment)Act, No. 8 of 2016

(iv) the original of that card.”.

19. Section 18 of the principal enactment is herebyamended by the repeal of paragraph (a) of subsection (1) ofthat section and the substitution therefor of the followingparagraph:-

“(a) if the provisions of subsection (1) of section 16have been complied with by such person prior tosuch recovery, forthwith inform the nearest policestation and the Commissioner-General as referredto in that subsection, of the fact of such recovery;and”.

20. Section 19 of the principal enactment is herebyamended by the repeal of subsection (2) thereof andsubstitution therefor of the following subsection:-

“(2) Any person who ceases to be a citizen of SriLanka on or after the commencement of this Act,shall forthwith inform the Commissioner- Generalof such fact and surrender or caused to besurrendered the national identity card to theCommissioner- General with a declaration in theprescribed form.”.

21. Section 22 of the principal enactment is herebyamended as follows:-

(1) by the insertion immediately after subsection (1)thereof of the following subsection which shall haveeffect as subsection (1A) of that section:-

“(1A) No person shall possess, use, or abuse anational identity card belonging to any other livingperson or any deceased person.”

(2) by the repeal of subsection (3) and substitutiontherefor of the following subsection :-

“(3) any person who contravenes the provisionsof subsections (1), (1A) and (2) shall be guilty of an

Amendment ofsection 18 of theprincipalenactment.

Amendment ofsection 19 of theprincipalenactment.

Amendment ofsection 22 of theprincipalenactment

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13Registration of Persons (Amendment)Act, No. 8 of 2016

offence and shall, on conviction be liable to a finenot exceeding ten thousand rupees, or toimprisonment of either description for a term notexceeding five years or to both such fine andimprisonment.”.

22. Section 33 of the principal enactment is herebyamended by the repeal of subsection(2) of that section andthe substitution therefor of the following new subsection:-

“(2) A Tribunal shall cause notice of its decisionon any appeal made to the Tribunal under this Actto be served on the Commissioner-General, and alsoon the appellant, through the Commissioner-General .” .

23. Section 36A of the principal enactment is herebyrepealed and the substitution therefor of the followingsection :-

36A. The Commissioner-General or anyDistrict Secretary or any Divisional Secretary -

(a) may, on the ground of the poverty ofany person, waive the fee payable bythat person for registration or the issueof a duplicate of national identity card;and

(b) shall, if such fee is so waived, issuedto that person a certificate of waiver inrespect of such fee.”.

24. Section 37 of the principal enactment is herebyamended by the repeal of subsection (2) of that section andthe substitution therefor of the following subsection:-

“(2) For the purposes of subsection (1) andsections 38 and 39, the expression “authorized

Amendment ofsection 33 of theprincipalenactment.

Replacement ofsection 36A ofthe principalenactment.

Amendment ofsection 37 ofthe principalenactment.

“Waiver offees.

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14 Registration of Persons (Amendment)Act, No. 8 of 2016

Officer” means the Additional Commissioner-General, any Commissioner, any DeputyCommissioner, any Assistant Commissioner, anyDistrict Secretary or any Divisional Secretary.”.

25. The principal enactment is hereby amended by theinsertion immediately after section 39 thereof, of thefollowing new sections which shall have effect as sections39A, 39B, 39C, 39D, 39E and 39F in the principal enactment:-

39A. (1) The Commissioner General or anauthorized officer may, for the purpose ofdischarging the functions under this Act,require a prescribed authority to furnish, inwriting, such prescribed information relatingto a person, recorded with such Authority .

(2) It shall be the duty of the person who isin charge of such authority referred to insubsection (1) to comply with such requirement.

(3) The information transmitted undersubsection (2) shall be used only for thepurposes of this Act.

39B. The Commissioner-General or aprescribed officer in the prescribed mannermay, -

(a) issue to a person a certified copy of thenational identity card of that personupon a written request and on paymentof a prescribed fee by such person; or

(b) certify to the authenticity of theparticulars in a national identity cardof a person, upon a written request made

Insertion ofnew sections39A, 39B, 39C,39D, 39E and 39F

in the principalenactment.

“Power oftheCommissioner-General or anauthorizedofficer torequireinformationfrom aprescribedauthority.

TheCommissioner-General or aprescribedofficer toissuecertifiedcopies andfurnishinformationupon request.

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15Registration of Persons (Amendment)Act, No. 8 of 2016

by a public officer, in the exercise ofhis official duties or for the purposes ofsection 39C of this Act; or

(c) with the consent of the holder of anational identity card, certify to theauthenticity of the particulars relatingto such card holder, upon a writtenrequest made by a prescribed authority.

39C. Notwithstanding any other provisionof this Act, it shall be lawful for theCommissioner-General to disclose anyinformation relating to a registered personrecorded in the National Register of Persons,to a public officer or authority, where suchdisclosure is necessary -

(a) in the interest of national security upona direction issued by the secretary tothe Ministry of the Minister to whomthe subject of national defence isassigned; or

(b) for the prevention or detection ofcrimes; or

(c) for the purpose of complying with anyorder or direction issued by acompetent Court.

39D. The Minister may, in the interest ofnational security require the Commissioner-General to exempt any person or class of personsfrom the application of any of the provisionsof this Act or any regulation made thereunderto the extent as is necessary, subject to suchterms and conditions.

Commissioner-General todiscloseinformationon mattersrelating tonationalsecurity,crimepreventionetc..

Exemptions.

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39E.(1) No person shall, without theapproval of the Commissioner-General gainaccess to the National Register of Persons, ormakes copies or extracts of any information,recorded in the National Register of Persons,relating to a registered person.

(2) No person shall, tamper with anyinformation containing in the NationalRegister of Persons, which may come to hisknowledge in the performance of his dutiesunder this Act.

39F. Every person appointed under theauthority of this Act shall, before enteringupon his duties, sign a declaration pledginghimself to observe strict secrecy in respect ofany information, which may come to hisknowledge in the exercise, performance anddischarge of his powers, duties and functionsunder this Act and shall by such declarationpledge himself not to disclose any suchinformation, except for the purpose ofexercising, performing and discharging thepowers ,duties and functions under this Act andany other written law.”.

26. Section 40 of the principal enactment is herebyamended by the substitution for the words “theCommissioner, Deputy Commissioner, an AssistantCommissioner” of the words “the Commissioner-General,the Additional Commissioner - General, a Commissioner, aDeputy Commissioner, an Assistant Commissioner”.

27. Section 43 of the principal enactment is herebyrepealed and the substitution therefor of the followingsection:-

43. The Commissioner-General, theAdditional Commissioner-General, everyDistrict Secretary, every Commissioner, everyDivisional Secretary, every Deputy

OfficialSecrecy.

”Commissioner-General, &c.deemed to bepeaceofficers.

Unauthorizedaccess to theNationalRegister ofPersons.

Amendment ofsection 40 of theprincipalenactment.

Replacement ofsection 43 of theprincipalenactment.

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17Registration of Persons (Amendment)Act, No. 8 of 2016

Commissioner, every Assistant Commissioner,every Registration Officer, every CertifyingOfficer and every other officer acting underthe authority of the Commissioner Generalshall be deemed to be a peace officer withinthe meaning of the Code of Criminal ProcedureAct, No.15 of 1979 for the purposes ofexercising any power conferred upon a peaceofficer by that Code.”.

28. Section 44 of the principal enactment is herebyrepealed and the substitution therefor of the followingsection:-

44. (1) Any person who-

(a) fails to make an application forregistration in compliance with theprovisions of section 8;

(b) gives any incorrect information in suchapplication or in response to anyinquiry;

(c) makes more than one such applicationfor registration;

(d) obtains a national identity card byfraud; or

(e) notwithstanding the provisions ofsections 24 and 47, obtains by fraud oris in possession of or uses more thanone national identity card,

shall commit an offence under this Act, andshall on conviction be liable to a fine notexceeding five thousand rupees.

Replacement ofsection 44 of theprincipalenactment.

“offences.

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18 Registration of Persons (Amendment)Act, No. 8 of 2016

(2) Any person who organizes or facilitatesone or more persons to obtain a nationalidentity card in contravention of any provisionof this Act shall commit an offence under thisAct, and shall on conviction be liable to a finenot exceeding one hundred thousand rupeesor to imprisonment of either description for aterm not exceeding five years or to both suchfine and imprisonment.

(3) Any employer –

(a) who fails to carry out the dutyimposed on him by section 38 tocomply with any direction issuedto him under that section to furnisha return relating to any person orpersons in his employment; or

(b) who furnishes any such returncontaining any particular regardingsuch person or persons that is untrueor incorrect,

shall be guilty of an offence under this Act,and shall on conviction be liable to a fine notexceeding one hundred thousand rupees or toimprisonment of either description for a termnot exceeding one year or to both such fineand imprisonment -

(i) in the case referred to inparagraph (a) of this subsection,in respect of each such personor persons in relation to whomhe has omitted to furnish suchreturn; and

(ii) in the case referred to inparagraph (b) of this subsection,

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19Registration of Persons (Amendment)Act, No. 8 of 2016

in respect of each such personor persons to whom such untrueor incorrect particular relates.

(4) Any person who contravenes or fails tocomply with any provision of this Act, otherthan any such provision as is referred to insubsections (1) to (3), or any regulation madethereunder, shall be guilty of an offence underthis Act and shall on conviction be liable to afine not exceeding one hundred thousandrupees or to imprisonment of either descriptionfor a term not exceeding five years or to bothsuch fine and imprisonment.

(5) Notwithstanding the provisions of anyother law, any person including any publicofficer-

(a) who attempts or aids and abets anyother person to organize and facilitateunder subsection (2); or

(b) who aides and abets or incites anyother person liable to registration notto make an application for registrationas required by this Act; or

(c) who aids, abets or facilitates thecommission of any other offence, underthis Act,

shall be guilty of an offence and shall, onconviction be liable to a fine not exceedingone hundred thousand rupees or to animprisonment of either description for a termnot exceeding five years or to both such fineand imprisonment.”.

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20 Registration of Persons (Amendment)Act, No. 8 of 2016

Amendment ofsection 46 ofthe principalenactment.

Amendment ofsection 52 of theprincipalenactment.

Amendment ofsection 55 ofthe principalenactment.

29. Section 46 of the principal enactment is herebyamended by the repeal of subsections (2) and (3).

30. Section 52 (2) of the principal enactment is herebyamended by the insertion immediately after paragraph (f), ofthe following new paragraphs:-

“(ff) the application for registration electronically andthe process of registering an applicant;

(fff) the disposal of applications after issuing thenational identity cards;

(ffff) the fees to be charged under section 39B”.

31. Section 55 of the principal enactment is herebyamended as follows:-

(1) by the omission of the definition of expression“Government Agent”.

(2) by the insertion of the following definition ofexpression immediately after the definition ofexpression “ Appropriate Tribunal”:-

‘ “Additional Commissioner -General” means aperson appointed to be, or to act as theAdditional Commissioner-General for theRegistration of Persons, for the purposes ofthis Act;’;

(3) by the insertion immediately after definition ofexpression “Assistant Commissioner” the followingnew definition:-

‘ “Biometrics” includes the finger impression of aperson;’;

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21Registration of Persons (Amendment)Act, No. 8 of 2016

(4) by the repeal of the definition of expression,“Commissioner” and the substitution thereof of thefollowing definitions of expression:-

‘ “Commissioner” means a person appointed tobe, or to act as a Commissioner for theRegistration of Persons for the purposes ofthis Act;

“Commissioner-General” means a personappointed to be, or to act as theCommissioner-General for the Registrationof Persons, for the purposes of this Act;’;

(5) by the insertion of the following definition ofexpression immediately after the definition ofexpression “ District”:-

‘ “District Secretary” means the District Secretaryreferred to in the Transfer of Powers(Divisional Secretaries) Act, No.58 of 1992;

“Divisional Secretary” has the same meaningassigned to it under the Transfer of Powers(Divisional Secretaries) Act, No.58 of 1992;’;

(6) by the insertion of the following definition ofexpression immediately after the definition ofexpression “registered or registration”:-

‘ “Writing” includes writing in manual orelectronic form.’.

32. (1) Every person who, on the date of commencementof this Act, is in the possession of a valid identity card issuedunder the principal enactment shall, re-register with theCommissioner- General in the manner prescribed, withinsuch period as may be prescribed, by the Minister by Orderpublished in the Gazette.

(2) Every identity card referred to in subsection (1) shallcease to be valid on the expiration of the date specified insuch Order.

Specialprovisionsrelating to theregistration ofthe holders ofidentity cardsunder theprincipalenactment.

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22 Registration of Persons (Amendment)Act, No. 8 of 2016

Specialprovisionsrelating to theinfrastructurearrangementsetc.

(3) Nothing in this section shall be construed aspreventing any person from re-registering, who failed to re-register within the period specified in subsection (1).

(4) The date of the expiration of the period referred to insubsection (1) may be altered, in respect of any district, byan Order published in the Gazette.

33. (1) Any citizen who, on the day prior to the date ofcommencement of this Act, had attained the age of fifteenyears but had not attained the age of sixteen years and wastherefore not a person liable to registration under subsection(1) of section 2 of the principal enactment and on such datebecomes so liable by virtue of the provisions of that sectionas amended by this Act, shall be deemed not to be guilty ofan offence under section 44 of the principal enactment,provided that such person makes an application within theprescribed period for such registration under the provisionsof that enactment.

(2) In this section “prescribed period” means the periodwithin which any person referred to in subsection (1) isrequired by virtue of any regulation made under section 52,read with subsection (4) of section 7, of the principalenactment to apply for registration under the provisions ofthat enactment.

34. (1) Notwithstanding the amendments made tosections 6,9,14,16 and 17 of the principal enactment by thisAct, sections 6,9,14,16 and 17 of the principal enactmentand every regulation made under the principal enactmentand in force immediately prior to the date of commencementof this Act, shall continue to be in operation under this Actuntil the necessary infrastructure arrangements andtechnological methodologies are made, to give effect to theamendments made to sections 6,9,14,16 and 17 by this Act.

(2) The Minister may, by Order published in the Gazettedetermine the period of operation of sections 6,9,14,16 and17 of the principal enactment referred to in subsection(1) .

Specialprovisionsrelating tocertain personswho are deemedto be not guiltyof an offenceunder section 44of the principalenactment.

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23Registration of Persons (Amendment)Act, No. 8 of 2016

Sinhala text toprevail in caseof inconsistency.

(3) The date of expiration of the period of operation ofsections 6,9,14,16 and 17 of the principal enactmentdetermined by Order published in the Gazette by the Ministerunder subsection (2) may be altered, from time to time bythe Minister by a like Order.

35. In the event of any inconsistency between theSinhala and Tamil texts of this Act, the Sinhala text shallprevail.

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24 Registration of Persons (Amendment)Act, No. 8 of 2016

Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF

GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15thDecember each year in respect of the year following.