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As enacted
Contents

28. Replacement of section 44 of the principal enactment

Official English translation. The Sinhala text prevails.

Section 44 of the principal enactment is hereby repealed and the substitution therefor of the following section:-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

Act, No. 8 of 2016

(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,

Act, No. 8 of 2016

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.”.

Act, No. 8 of 2016