As enacted

Contents

Act of Parliament · As enacted

Registration of Persons (Amendment) Act 2016

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

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s 1Short title

This Act may be cited as the Registration of Persons

(Amendment) Act, No. 8 of 2016.

s 2Replacement of the Long Title to the Registration of Persons Act, No.32 of 1968

The Long Title of the Registration of Persons Act,

No.32 of 1968 (hereinafter referred to as the “principal enactment”) is hereby repealed and the following Long Title substituted therefor:-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

“Commissioner for the Registration of Persons”, “Register of Persons”, “Identity Cards” and “three copies of the photograph or a photograph” to be known as “Commissioner-General for the Registration of Persons”, “National Register of Persons” , “National Identity Cards” and “photographs”

(1)

In the principal enactment and in any other written law, there shall be substituted –

(a)

for the words “Commissioner for the Registration of Persons”, the words “Commissioner-General for the Registration of Persons”;

(b)

for the words “Register of Persons”, the words

“National Register of Persons”;

(c)

for the words “identity cards”, the words “national identity cards”; and

(d)

for the words “three copies of the photograph or a photograph”, the word “photographs”.

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(2)

Every reference to the “Commissioner for the

Registration of Persons”, “Register of Persons”, “Identity

Cards” and “three copies of the photograph or a photograph”

in any notice, notification or other document shall be read and 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 the principal enactment shall be read and construed as a reference to “ the Commissioner-General for the Registration of Persons”.

s 4Insertion of new Part 1A in the principal enactment

The following new part is hereby inserted immediately after section 1 and shall have effect as Part 1A of the principal enactment:-

“PART 1 A

PRELIMINARY”

s 5Replacement of section 2 of the principal enactment

Section 2 of the principal enactment is hereby repealed and the following section is substituted therefor:-

2. (1) From the date of commencement of this Act, every person who is a citizen of Sri

Lanka and who has attained or attains the age of fifteen years shall be liable to registration under 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 Identity

Card, within a prescribed period.

“Persons liable to registration.

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s 6Amendment of Part I of the principal enactment

Part I of the principal enactment is hereby amended by the substitution for the words “Part I”, of the following words:-

“PART 1 B”

s 7Amendment of the section 3 of the principal enactment

Section 3 of the principal enactment is hereby amended 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 the

Additional Commissioner-General for the

Registration of Persons;

(aaa)

a person, or two or more persons by name or by office, to be or to act as a Commissioner;”.

s 8Amendment of section 4 of the principal enactment

Section 4 of the principal enactment is hereby amended by the repeal of paragraph (b) thereof, and the substitution therefor of the following paragraph:-

“(b)

the Additional Commissioner-General, any

Commissioner, any Deputy Commissioner, any

Assistant Commissioner, any Certifying Officer and any Registration Officer shall be subject to the general or special directions of the Commissioner

General.”.

s 9Amendment of section 5 of the principal enactment

Section 5 of the principal enactment is hereby amended as follows:-

(1)

by the repeal of subsection (1) of that section and the substitution therefor, of the following subsection:-

“(1) The Commissioner-General may, either generally or specially authorize the Additional

Commissioner-General, any Commissioner, any

Deputy Commissioner, any Assistant

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Commissioner, any District Secretary, Divisional

Secretary or any officer of the Department for the Registration of Persons to exercise, perform or discharge any power, duty or function conferred or imposed upon, or assigned to, the

Commissioner-General by or under this Act:

Provided however, that the preceding provisions of this section shall not apply to the power to compound offences conferred upon the

Commissioner-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) of that section of the following new subsections:-

“(3) The Commissioner-General may establish an office of the Department for the

Registration of Persons at provincial level, district level or divisional level as the case may be, and appoint an officer to be in charge of such office.

(4)

The Commissioner-General may authorize the officer in charge of the office referred to in subsection (3) to exercise, perform or discharge any power, duty or function vested in, or imposed or conferred on the Commissioner-General in respect of registering persons and issuing of national identity cards under this Act .”.

s 10Replacement of section 6 of the principal enactment

Section 6 of the principal enactment is hereby repealed and the following new section substituted therefor:-

6. (1) For the purposes of this Act, the

Commissioner-General shall establish and maintain a database to be called the “National

“National

Persons.

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

(2)

There shall be recorded the following information in respect of each person referred to 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 be prescribed.”.

s 11Insertion of new section 6A in the principal enactment

The principal enactment is hereby amended by the insertion immediately after section 6 thereof, of the following new section which shall have effect as section 6A in the principal enactment:-

6A. Every holder of a national identity card issued under this Act, shall inform the

Commissioner-General of any change of circumstances affecting the information relating to such person recorded in the

National Register of Persons, in the prescribed manner and form within the prescribed period, for the purpose of updating the National

s 12Amendment of section 9 of the principal enactment

Section 9 of the principal enactment is hereby amended as follows:-

(1)

in subsection (1) of that section, by the substitution for the words “Commissioner or Government

Agent” of the words “Commissioner-General”.

“Duty to inform the

Commissioner-General of change of information.

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(2)

in subsection (2) of that section –

(a)

by the repeal of paragraph (bb)(i) and the substitution therefor of the following paragraph:-

“(i) if no certificate of waiver in respect of the fee for such registration which the

Minister is hereby authorized to fix by notification published in the Gazette has been issued to applicant under this

Act, accompany a proof of payment of such fee or substantiate such payment through any prescribed mode of payment; or”;

(b)

by the repeal of paragraph (c) and the substitution therefor of the following paragraph:-

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

(3)

by the repeal of subsection (3) thereof and the substitution therefor of the following subsection:-

“(3) An application for registration shall contain–

(a)

(i) prescribed biometrics taken by the

Commissioner-General or by a person authorized by him;

(ii)

photographs of the applicant of the prescribed dimensions, specifications, standards and quality;

and

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(b)

an image of the applicant taken by the

Commissioner-General or by a person authorized by him.”.

s 13Amendment of section 10 of the principal enactment

Section 10 of the principal enactment is hereby amended by the repeal of paragraph (b) of subsection (1) of that section.

s 14Amendment of section 11 of the principal enactment

Section 11 of the principal enactment is hereby amended by the addition immediately after subsection (3)

thereof, of the following new subsection:-

“(4) The Commissioner-General shall, after issuing a national identity card to the applicant, cause the application to be returned to the applicant or cause the application to be destroyed in the prescribed manner.”.

s 15Replacement of section 14 of the principal enactment

Section 14 of the principal enactment is hereby repealed and the following section is substituted therefor:-

14. The Commissioner - General shall, as soon as practicable after a person becomes a registered person, issue to that person, a national identity card. Such card -

(a)

shall be in the prescribed form and shall contain the prescribed particulars and the prescribed validity period;

(b)

shall bear the photographs or the image taken by the Commissioner-General or by a person authorized by him; and

(c)

shall bear the signature, or a facsimile of the signature of the Commissioner-General.”.

“National

Identity

Cards to be issued to a registered person.

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s 16Replacement of section 15 of the principal enactment

Section 15 of the principal enactment is hereby repealed and the following section substituted therefor:-

15. (1) The holder of a national identity card shall, on a request made by the

Commissioner-General or any other prescribed officer, produce that card at such time and place as shall be specified in such request, and permit it to be inspected:

Provided, however, that no person shall be deemed to have contravened the preceding provisions of this section, if his national identity card had, at the time of the alleged contravention, been lost and he has complied with the provisions of subsection (1) of section 16 relating to the reporting of such loss to the nearest police station and submitting a declaration in writing to that effect to the

Commissioner-General and the making of an application for the issue of a duplicate national identity card.

(2)

If in any prosecution against any person for an offence under this Act by reason of a contravention of the provisions of sub-section (1), there is produced a certificate issued by the Commissioner-General, the Additional

Commissioner-General, a Commissioner, a

Deputy Commissioner, an Assistant

Commissioner, or a police officer of a rank not below that of Assistant Superintendent or any such public officer as may be notified for such purpose by the Minister from time to time in the Gazette, to the effect that he is satisfied that such person is the holder of national identity card, it shall be presumed, until the contrary is proved by such person, that such person is the holder of such card.”.

“National

Identity card to be produced when required.

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s 17Amendment of section 16 of the principal enactment

Section 16 of the principal enactment is hereby amended as follows:-

(1)

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

“(1) Any person who has lost his national identity card shall immediately report such loss to the nearest police station and submit a declaration to that effect to the Commissioner-General and shall thereafter 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 and the substitution therefor of the following paragraph:-

“(i) if no certificate of waiver in respect of the fee for the issue of such duplicate which the Minister is hereby authorized to fix by notification published in the Gazette has been issued to the applicant under this Act, accompany a proof of payment of such fee or substantiate such payment through any prescribed mode of payment; or”

(b)

by the repeal of paragraph (c) thereof and the substitution, therefor of the following paragraph:-

“(c)

shall be signed by the applicant manually or electronically ; and”

(c)

by the repeal of paragraph (d) thereof and the substitution, therefor of the following paragraph:-

“(d)

shall contain –

(i)

a certified copy of the relevant extract of the information book

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of the police station to which the loss of the original of such card was reported by the applicant;

(ii)

prescribed biometrics taken by the Commissioner-General or by a person authorized by him;

(iii)

photographs of the applicant of the prescribed dimensions, specifications, standards and quality; and

(iv)

an image of the applicant taken by the Commissioner-General or by a person authorized by him.”.

s 18Amendment of section17 of the principal enactment

Section 17 of the principal enactment is hereby amended as follows:-

(1)

by the repeal of subsection (1) of that section and the substitution therefor of the following subsection:-

“(1) Where a national identity card is damaged, defaced or illegible or in danger of becoming illegible or where the information appearing in the national identity card is changed, or where the holder of a national identity card is of the opinion that such identity card carries incorrect information of which he is aware, the holder of that card shall forthwith –

(a)

report that fact in writing to the

Commissioner-General; and

(b)

apply to the Commissioner-General for a duplicate of that card.”

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(2)

in subsection (2) of that section-

(a)

by the repeal of paragraph (aa)(i) thereof and the substitution therefor of the following paragraph:-

“(i) if no certificate of waiver in respect of the fee for the issue of a duplicate of such card has been issued to the applicant under this Act, accompany a proof of payment of such fee or substantiate such payment through any prescribed mode of payment;

or”

(b)

by the repeal of paragraph (b) of that section and the substitution therefor of the following paragraph:-

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

(c)

by the repeal of paragraph(c) thereof and the substitution therefor of the following paragraph:-

“(c) shall contain -

(i)

prescribed biometrics taken by the Commissioner-General or by a person authorized by him;

(ii)

photographs of the applicant of the prescribed dimensions, specifications, standards and quality;

(iii)

an image of the applicant taken by the Commissioner-General or by a person authorized by him,;

and

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(iv)

the original of that card.”.

s 19Amendment of section 18 of the principal enactment

Section 18 of the principal enactment is hereby amended by the repeal of paragraph (a) of subsection (1) of that section and the substitution therefor of the following paragraph:-

“(a)

if the provisions of subsection (1) of section 16

have been complied with by such person prior to such recovery, forthwith inform the nearest police station and the Commissioner-General as referred to in that subsection, of the fact of such recovery;

and”.

s 20Amendment of section 19 of the principal enactment

Section 19 of the principal enactment is hereby amended by the repeal of subsection (2) thereof and substitution therefor of the following subsection:-

“(2) Any person who ceases to be a citizen of Sri

Lanka on or after the commencement of this Act, shall forthwith inform the Commissioner-General of such fact and surrender or caused to be surrendered the national identity card to the

Commissioner-General with a declaration in the prescribed form.”.

s 21Amendment of section 22 of the principal enactment

Section 22 of the principal enactment is hereby amended as follows:-

(1)

by the insertion immediately after subsection (1)

thereof of the following subsection which shall have effect as subsection (1A) of that section:-

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

(2)

by the repeal of subsection (3) and substitution therefor of the following subsection :-

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

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offence and shall, on conviction be liable to a fine not exceeding ten thousand rupees, or to imprisonment of either description for a term not exceeding five years or to both such fine and imprisonment.”.

s 22Amendment of section 33 of the principal enactment

Section 33 of the principal enactment is hereby amended by the repeal of subsection(2) of that section and the substitution therefor of the following new subsection:-

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

s 23Replacement of section 36A of the principal enactment

Section 36A of the principal enactment is hereby repealed and the substitution therefor of the following section :-

36A. The Commissioner-General or any

District Secretary or any Divisional Secretary -

(a)

may, on the ground of the poverty of any person, waive the fee payable by that person for registration or the issue of a duplicate of national identity card;

and

(b)

shall, if such fee is so waived, issued to that person a certificate of waiver in respect of such fee.”.

s 24Amendment of section 37 of the principal enactment

Section 37 of the principal enactment is hereby amended by the repeal of subsection (2) of that section and the substitution therefor of the following subsection:-

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

“Waiver of fees.

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Officer” means the Additional Commissioner-General, any Commissioner, any Deputy

Commissioner, any Assistant Commissioner, any

District Secretary or any Divisional Secretary.”.

s 25Insertion of new sections 39A, 39B, 39C, 39D, 39E and 39F in the principal enactment

The principal enactment is hereby amended by the insertion immediately after section 39 thereof, of the following new sections which shall have effect as sections 39A, 39B, 39C, 39D, 39E and 39F in the principal enactment:-

39A. (1) The Commissioner General or an authorized officer may, for the purpose of discharging the functions under this Act, require a prescribed authority to furnish, in writing, such prescribed information relating to a person, recorded with such Authority .

(2)

It shall be the duty of the person who is in charge of such authority referred to in subsection (1) to comply with such requirement.

(3)

The information transmitted under subsection (2) shall be used only for the purposes of this Act.

39B. The Commissioner-General or a prescribed officer in the prescribed manner may, -

(a)

issue to a person a certified copy of the national identity card of that person upon a written request and on payment of a prescribed fee by such person; or

(b)

certify to the authenticity of the particulars in a national identity card of a person, upon a written request made

“Power of the

Commissioner-General or an authorized officer to require information from a prescribed authority.

The

Commissioner-General or a prescribed officer to issue certified copies and furnish information upon request.

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

(c)

with the consent of the holder of a national identity card, certify to the authenticity of the particulars relating to such card holder, upon a written request made by a prescribed authority.

39C.

General to disclose information on matters relating to national security, crime prevention etc.

Notwithstanding any other provision of this Act, it shall be lawful for the

Commissioner-General to disclose any information relating to a registered person recorded in the National Register of Persons, to a public officer or authority, where such disclosure is necessary -

(a)

in the interest of national security upon a direction issued by the secretary to the Ministry of the Minister to whom the subject of national defence is assigned; or

(b)

for the prevention or detection of crimes; or

(c)

for the purpose of complying with any order or direction issued by a competent Court.

39D. The Minister may, in the interest of national security require the Commissioner-General to exempt any person or class of persons from the application of any of the provisions of this Act or any regulation made thereunder to the extent as is necessary, subject to such terms and conditions.

Commissioner-Exemptions.

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(1)

No person shall, without the approval of the Commissioner-General gain access to the National Register of Persons, or makes copies or extracts of any information, recorded in the National Register of Persons, relating to a registered person.

(2)

No person shall, tamper with any information containing in the National

39F. Every person appointed under the authority of this Act shall, before entering upon his duties, sign a declaration pledging himself to observe strict secrecy in respect of any information, which may come to his knowledge in the exercise, performance and discharge of his powers, duties and functions under this Act and shall by such declaration pledge himself not to disclose any such information, except for the purpose of exercising, performing and discharging the powers ,duties and functions under this Act and any other written law.”.

s 26Amendment of section 40 of the principal enactment

Section 40 of the principal enactment is hereby amended by the substitution for the words “the

Commissioner, Deputy Commissioner, an Assistant

Commissioner” of the words “the Commissioner-General, the Additional Commissioner - General, a Commissioner, a

Deputy Commissioner, an Assistant Commissioner”.

s 27Replacement of section 43 of the principal enactment

Section 43 of the principal enactment is hereby repealed and the substitution therefor of the following section:-

43. The Commissioner-General, the

Additional Commissioner-General, every

District Secretary, every Commissioner, every

Divisional Secretary, every Deputy

Official

Secrecy.

”Commissioner-General, &c.

deemed to be peace officers.

Unauthorized access to the

National

Persons.

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Commissioner, every Assistant Commissioner, every Registration Officer, every Certifying

Officer and every other officer acting under the authority of the Commissioner General shall be deemed to be a peace officer within the meaning of the Code of Criminal Procedure

Act, No.15 of 1979 for the purposes of exercising any power conferred upon a peace officer by that Code.”.

s 28Replacement of section 44 of the principal enactment

Section 44 of the principal enactment is hereby repealed and the substitution therefor of the following section:-

44. (1) Any person who-

(a)

fails to make an application for registration in compliance with the provisions of section 8;

(b)

gives any incorrect information in such application or in response to any inquiry;

(c)

makes more than one such application for registration;

(d)

obtains a national identity card by fraud; or

(e)

notwithstanding the provisions of sections 24 and 47, obtains by fraud or is in possession of or uses more than one national identity card, shall commit an offence under this Act, and shall on conviction be liable to a fine not exceeding five thousand rupees.

“offences.

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(2)

Any person who organizes or facilitates one or more persons to obtain a national identity card in contravention of any provision of this Act shall commit an offence under this

Act, and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment of either description for a term not exceeding five years or to both such fine and imprisonment.

(3)

Any employer –

(a)

who fails to carry out the duty imposed on him by section 38 to comply with any direction issued to him under that section to furnish a return relating to any person or persons in his employment; or

(b)

who furnishes any such return containing any particular regarding such person or persons that is untrue or incorrect, shall be guilty of an offence under this Act, and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment -

(i)

in the case referred to in paragraph (a) of this subsection, in respect of each such person or persons in relation to whom he has omitted to furnish such return; and

(ii)

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

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in respect of each such person or persons to whom such untrue or incorrect particular relates.

(4)

Any person who contravenes or fails to comply with any provision of this Act, other than any such provision as is referred to in subsections (1) to (3), or any regulation made thereunder, shall be guilty of an offence under this Act and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment of either description for a term not exceeding five years or to both such fine and imprisonment.

(5)

Notwithstanding the provisions of any other law, any person including any public officer-

(a)

who attempts or aids and abets any other person to organize and facilitate under subsection (2); or

(b)

who aides and abets or incites any other person liable to registration not to make an application for registration as required by this Act; or

(c)

who aids, abets or facilitates the commission of any other offence, under this Act, shall be guilty of an offence and shall, on conviction be liable to a fine not exceeding one hundred thousand rupees or to an imprisonment of either description for a term not exceeding five years or to both such fine and imprisonment.”.

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s 29Amendment of section 46 of the principal enactment

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

s 30Amendment of section 52 of the principal enactment

Section 52 (2) of the principal enactment is hereby amended by the insertion immediately after paragraph (f), of the following new paragraphs:-

“(ff)

the application for registration electronically and the process of registering an applicant;

(fff)

the disposal of applications after issuing the national identity cards;

(ffff)

the fees to be charged under section 39B”.

s 31Amendment of section 55 of the principal enactment

Section 55 of the principal enactment is hereby amended as follows:-

(1)

by the omission of the definition of expression

“Government Agent”.

(2)

by the insertion of the following definition of expression immediately after the definition of expression “ Appropriate Tribunal”:-

‘ “Additional Commissioner-General” means a person appointed to be, or to act as the

Additional Commissioner-General for the

Registration of Persons, for the purposes of this Act;’;

(3)

by the insertion immediately after definition of expression “Assistant Commissioner” the following new definition:-

‘ “Biometrics” includes the finger impression of a person;’;

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(4)

by the repeal of the definition of expression,

“Commissioner” and the substitution thereof of the following definitions of expression:-

‘ “Commissioner” means a person appointed to be, or to act as a Commissioner for the

Registration of Persons for the purposes of this Act;

“Commissioner-General” means a person appointed to be, or to act as the

Commissioner-General for the Registration of Persons, for the purposes of this Act;’;

(5)

by the insertion of the following definition of expression immediately after the definition of expression “ District”:-

‘ “District Secretary” means the District Secretary referred to in the Transfer of Powers

(Divisional Secretaries) Act, No.58 of 1992;

“Divisional Secretary” has the same meaning assigned to it under the Transfer of Powers

(Divisional Secretaries) Act, No.58 of 1992;’;

(6)

by the insertion of the following definition of expression immediately after the definition of expression “registered or registration”:-

‘ “Writing” includes writing in manual or electronic form.’.

Read on from s 32