Grant of Citizenship to Persons of Indian Origin (Amendment) Act 2009

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Grant of Citizenship to Persons of Indian Origin (Amendment) Act, No. 6 of 2009.

s 2Amendment of section 2 of Act, No. 35 of 2003

Section 2 of the Grant of Citizenship to persons of

Indian Origin Act No. 35 of 2003 (hereinafter referred to as the “principal enactment”) is hereby amended —

(1)

by the substitution for the words “shall be granted the status of a citizen of Sri Lanka” of the words “shall have the status of a citizen of Sri Lanka”;

and

(2)

by the repeal of the proviso thereof, and the substitution therefor, of the following :—

“Provided however, where on the date of the coming into operation of this Act, a permanent resident referred to above, holds an Indian Passport or other similar document, such person’s status of a citizen of Sri Lanka shall be effective only on his forwarding to the Commissioner a declaration in the special form of Declaration set out in the

Schedule, stating his intention to voluntarily acquire citizenship of Sri Lanka and upon such Declaration being acknowledged by the Commissioner in writing.”.

s 3Insertion of section 2A in the principal enactment

The following new section is hereby inserted immediately after section 2 of the principal enactment and shall have effect as section 2A of such enactment :—

2A. Notwithstanding the provisions of section 2, any person who was a permanent resident of Sri Lanka with Indian Origin since

October 30, 1964 or a descendent of such person, who due to circumstances beyond the control of such person—

(a)

was compelled to leave Sri Lank; and

(b)

thereupon took up residence in India;

and who consequently had as at the day immediately preceding the date of the coming into operation of this Act, been unable to comply with the requirements of section 2, shall, if such person is able to submit proof that such person was a permanent resident of Sri Lanka with

Indian Origin since October 30, 1964 or is a descendant of a person who has been a permanent resident of Sri Lanka with Indian origin since October 30, 1964, have the status of a citizen of Sri Lanka with effect from the date of commencement of this Act and shall be entitled to all the rights and privileges to which a citizen of Sri Lanka is entitled to by law:

Provided howerer, where on the date of the coming into operation of this Act, any person referred to above, holds an Indian Passport or other similar document, such person’s status of a citizen of Sri Lanka, shall be effective only on his forwarding to the Commissioner a

Declaration in the special form of Declaration

“Grant of

Citizenship to certain persons.

set out in the Schedule, stating his intention to voluntarily acquire citizenship of Sri Lanka and upon such declaration being acknowledged by the Commissioner in writing.”.

s 4Amendment of section 4 of the principal enactment

Section 4 of the principal enactment is hereby amended in subsection (1) thereof—

(1)

by the substitution for the words and figures “by virtue of the provisions of section 2”, of the words and figures “by virtue of the provisions of section 2

or 2A”; and

(2)

by the substitution for the words “Form set out in the same Schedule.”, of the words and figures “Form set out in the same Schedule :

Provided however, any person who is entitled to the status of a citizen of Sri Lanka under the provision of section 2A, shall apply for a Certificate of Citizenship under this Act, only upon his arrival in Sri Lanka with the intention of permanently residing in Sri Lanka.”.

s 5Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and the Tamil texts of this Act, the Sinhala text shall prevail.