CITIZENSHIP ACT
1948
AN ACT TO MAKE PROVISION FOR CITIZENSHIP OF CEYLON AND FOR
MATTERS CONNECTED THEREWITH.
[15th November,1948.]
1.This Act may be cited as the Citizenship Act.
PART I CITIZENSHIP OF CEYLON
2.(1) With effect from the appointed date, there shall be a status to be
known as " the status of a citizen of Ceylon ".
(2) A person shall be or become entitled to the status of a citizen of
Ceylon in one of the following ways only:-
(a) by right of descent as provided by this Act;
(b) by virtue registration as provided by this Act or by any other Act
authorising the grant of such status by registration in any special case of a
specified description. .
(3) Every person who is possessed of the aforesaid status is hereinafter
referred to as a "citizen of Ceylon". In any context in which a distinction is
drawn according as that status is based or registration, a citizen of Ceylon
is referred to as " citizen by descent " or " citizen by registration "; and
the status of such citizen is in the like context referred to as " citizenship
by descent " or " citizenship by registration ".
3, A citizen of Ceylon may, for any purpose in Ceylon, describe his
nationality by the use of the expression "Citizen of Ceylon".
PART II CITIZENSHIP BY DESCENT
4(1) (1) Subject to the other provisions of this Part, a person born in
Ceylon before the appointed date shall have the status of a citizen of Ceylon
by descent, if -
(a) his father was born in Ceylon, or
(b) his paternal grandfather and paternal great grandfather were born in
Ceylon.
(2) Subject to the other provisions of this Part, a person born outside
Ceylon before the appointed date shall have the status of a citizen of Ceylon
by descent, if -
(a) his father and paternal grandfather were born in Ceylon, or
(b) his paternal grandfather and paternal great grandfather were born in
Ceylon.
5. (1) Subject to the other provisions of this Part, a person born in
Ceylon on or after the appointed date shall have the status of a citizen of
Ceylon by descent if at the time of his birth his father is a citizen of
Ceylon.
(2) Subject to the other provisions of this Part, a person born outside
Ceylon on or after the appointed date shall have the status of a citizen of
Ceylon by descent if at the time of his birth his father is a citizen
f Ceylon and if, within one year from the date of birth, or within such
further period as the Minister may for good cause allow, the birth is
registered in the prescribed manner –
(a) at the office of a consular officer of Ceylon in the country of birth,
or
(b) at the office of the Minister in Ceylon.
6. Upon application made in that behalf in the prescribed manner, the
Minister may, in his discretion, grant, in the prescribed form, a certificate
of citizenship of Ceylon by descent to a person with respect to whose status
as a citizen of Ceylon by descent a doubt exists; and a certificate issued
under this section to any person shall be conclusive evidence that that person
was a citizen of Ceylon by descent on the date thereof, but I without
prejudice to any evidence that he was such a citizen at an earlier date.
7. Every person first found in Ceylon as a newly born deserted infant of
unknown and unascertainable parentage shall, until the contrary is proved, be
deemed to have the status of a citizen of Ceylon by descent.
8. (1) Any person who ceases under section 19 or section 20 to be a citizen
of Ceylon by descent may at any time thereafter make application to the
Minister for a declaration that such person has resumed the status of a
citizen of Ceylon by descent; and the Minister may make the declaration for
which the application is made
(a) if that person renounces citizenship of any other country of which he
is a citizen, in accordance with the law in force in that behalf in that other
country; and
(b) if that person is, and intends to continue to be, ordinarily resident
in Ceylon.
(2) Where a declaration is made in relation to any . person under
subsection (1), that person shall, with effect from such date as may be
specified in the declaration, again have the status of a citizen of Ceylon by
descent.
(3) Any person who makes or has made an application under subsection (1)
may, in his application or by subsequent letter, make a request for the grant
to any minor child of that person of the status of a citizen of Ceylon by
descent; and if in any such case a declaration under subsection (1) is made in
relation to that person, each minor child specified in the declaration shall
have the status of a citizen of Ceylon by descent.
(4) The Minister may refuse to make a declaration under subsection (1) in
relation to any person on grounds of public policy; and such refusal shall be
final and shall not be contested in any court, but without prejudice to the
power of the Minister subsequently to make such a declaration in relation to
that person.
(5) The Minister may in his discretion exempt any person from the
requirements of paragraph (a) of subsection (1) of this section, and make a
declaration under that subsection notwithstanding that such person does not
comply with the said requirements.
9. (1) Any reference to father, paternal grandfather, or paternal great
grandfather in any of the provisions of this Part relating to citizenship by
descent shall, in regard to a person born out of wedlock and not legitimated,
be deemed to be a reference to mother, maternal grandfather, or maternal great
grandfather respectively.
(2) A person shall be deemed, for the purposes of this section, to have
been legitimated if his parents married each other subsequent to his birth.
10. Any reference in this Part to the status or description of the father
of a person at the time of that person's birth shall, in regard to a person
born after the death of his father, be deemed to be a reference to the status
or description of the father at the time of the father's death; and where that
death occurred before, and the birth occurs on or after the appointed date,
the status or description which would have been applicable to the father had
he died on or after that date shall be deemed to be the status or description
applicable to him at the time of his death.
PART III
CITIZENSHIP BY REGISTRATION
11. (1) This section shall apply to any applicant for registration as a
citizen of Ceylon who has the following qualifications: -
(a) that the applicant is of full age and of sound mind;
(b) that the applicant –
(i) is a person whose mother is or was a citizen of Ceylon by descent or
would have been a citizen of Ceylon by descent if she had been alive on the
appointed date, and who, being married, has been resident in Ceylon throughout
a period of seven years immediately preceding the date of the application' or,
being unmarried, has been resident in Ceylon throughout a period of ten years
immediately preceding the date of the application, or
(ii) is a person, whose father was a citizen of Ceylon by descent, and who
would have been a citizen of Ceylon under subsection (2) of section 5 if his
birth had been registered in accordance with the provisions of that
subsection, or
(iii) is a person whose father, having been a citizen of Ceylon by descent
whether at or before the time of the birth of that person, ceased under
section 20 to be a citizen of Ceylon; and
(c) that the applicant is, and intends to continue to be, ordinarily
resident in Ceylon.
(2) Subject to the other provisions of this Part, a person to whom this
section applies shall –
if he has the qualification set out in subparagraph (i) of paragraph (b)
of subsection (l) of this section, registered as a citizen of Ceylon on his
making application in that behalf to the Minister in the prescribed manner,
or
if he has the qualification set out in subparagraph (ii) or sub-paragraph
(iii) of the aforesaid paragraph (b), be so registered on his making such
application, unless the Minister decides to disallow such application on
grounds of public policy.
(3) The Minister's refusal, under subsection (2) (b) of this section, to
allow the application of any person for registration as a citizen of Ceylon
shall be final and shall not be contested in any court.
12. (1) Subject to the other provisions of this Part, no person who is the
spouse, or the widow or widower, of a citizen of Ceylon by descent or
registration, shall be registered as a citizen of Ceylon under this Act,
except in accordance with the succeeding provisions of this section.
(2) A person who desires to be registered as a citizen of Ceylon under this
section shall send an application in the prescribed form and manner to the
prescribed officer.
(3) After the receipt o f the application under subsection (2), the
prescribed officer shall send the application to the Minister, if he is
satisfied that the applicant has the following qualifications: -
(a) that the applicant has the qualifications specified in paragraphs (a)
and (c) of subsection (l) of section 11,
(b) that the applicant has been resident in Ceylon throughout a period of
one year immediately preceding the date of the application of such applicant;
and
that the applicant is the spouse, or the widow or widower, of a citizen
of Ceylon by descent or registration.
(3) The Minister's refusal under this section to allow the application of
any person for registration as a citizen of Ceylon shall be final and shall
not be contested in any court.
14. (1) Where an applicant for registration as a citizen of Ceylon has any
minor child, he may in his application or by subsequent letter make a request
for the inclusion of the name of that child in the certificate of registration
which may be granted to him under this Part.
(2) Where a request as aforesaid is made by an applicant under section 11
or section 12 or section 13, the Minister may subject to the other provisions
of this Part, comply with the request if the applicant is registered as a
citizen of Ceylon.
15 (1) Save as provided in section 11, a person who has ceased to be a
citizen of Ceylon shall not be granted citizenship by registration.
(2) A person who is a citizen of any country other than Ceylon under any
law in force in that country shall not be granted citizenship by registration
unless he renounces citizenship of that country in accordance with that law.
(3) The Minister may in his discretion exempt any person from the
provisions of subsection (2) of this section; and nothing in that subsection
shall prevent the registration as a citizen of Ceylon of any person so
exempted.
16. There shall be kept and maintained, in the prescribed form, a register
of persons who are granted citizenship by registration.
17. The Minister shall grant, in the prescribed form, a certificate of
registration as a citizen of Ceylon to every person who is registered under
section 11 or section 12 or section 13 and, where he decides to comply with a
request made by that person under section 14, shall include in the certificate
the name of every minor child to whom the request relates.
18. (1) A British subject to whom a certificate of registration as a
citizen of Ceylon is granted shall, on subscribing the prescribed oath or
affirmation or citizenship, have the status of a citizen of Ceylon by
registration as from the date of that certificate.
(2) An alien to whom a certificate of registration as a citizen of Ceylon
is granted shall, on subscribing the prescribed oath or affirmation of
allegiance and the prescribed oath or affirmation of citizenship, have the
status of a citizen of Ceylon by registration as from the date of that
certificate.
(3) A minor child whose name is included in a certificate of registration
as a citizen of Ceylon shall have the status of a citizen of Ceylon by
registration as from the date of that certificate.
PART IV LOSS OF CITIZENSHIP
19. If a citizen of Ceylon of full age and of sound mind makes a
declaration of renunciation of citizenship of Ceylon in the prescribed manner,
the Minister shall cause the declaration to be registered; and, upon
registration thereof, the declarant shall cease to be a citizen of Ceylon:
Provided however that the Minister may withhold registration of such
declaration if it is made during the continuance of any war in which Ceylon is
engaged and if, by the operation of any law enacted in consequence of that
war, the declarant is deemed for the time being to be an enemy.
20. (1) Where a person born before the appointed date is a citizen of
Ceylon by descent and is also on that date a citizen of any other country,
that person shall –
(a) on the 31st of December, 1952, or
(b) on the day on which he attains the age of twenty-two years,
whichever day is in his case the later, cease to be a citizen of Ceylon,
unless before that day he renounces citizenship of that other country in
accordance with the law therein in force in that behalf and notifies such
renunciation to a prescribed officer.
(2) Where a person is a citizen of Ceylon by descent and that person, by
operation of law, is at the time of his birth or becomes thereafter, also a
citizen of any other country, that person shall –
(a) on the 31st day of December, 1952, or
(b) on the day immediately succeeding the date of the expiration of a
period of twelve months from the date on which he so becomes a citizen of that
other country, or
(c) on the day on which he attains the age of twenty two years,
whichever day is in his case the latest, cease to be a citizen of Ceylon,
unless before that day he renounces citizenship of that other country in
accordance with the law therein in force in that behalf and notifies such
renunciation to a prescribed officer.
(3) A person who, under subsection (2) of section 5 is a citizen of Ceylon
by descent but whose father is or was a citizen of Ceylon by registration,
shall, on the day on which he attains the age of twenty-two years, cease to be
a citizen of Ceylon, unless before that day he transmits to the Minister in
the prescribed manner and form a declaration of retention of citizenship of
Ceylon
(4) In the case of any person to whom the provisions of any of the
preceding subsections apply, the Minister may in his discretion direct that
those provisions shall apply in that case subject to the modification that the
reference therein to the age of twenty-two years shall be construed as a
reference to such higher age as may be specified in the direction.
(5) A person who is a citizen of Ceylon by descent shall cease to be a
citizen of Ceylon if he voluntarily becomes a citizen of any other country.
(6) Where a person who, having been exempted from the requirements of
paragraph (a) of subsection (1) of section 8, resumes the status of a citizen
of Ceylon by descent by virtue of a declaration under that subsection, that
person shall, on the day immediately succeeding the date of the expiration of
a period of three months (or such longer period as the Minister may for good
cause allow) from the date of the declaration, cease to be a citizen of
Ceylon, unless he earlier complies with the requirements of the aforesaid
paragraph (a).
21. (1) A person who is a citizen of Ceylon by registration shall cease to
be a citizen of Ceylon if he voluntarily becomes a citizen of any other
country.
(2) Where a person who is registered as a citizen of Ceylon thereafter
becomes, by operation of law, also a citizen of any other country, that person
shall –
on the day immediately succeeding tile date of the expiration of a period
of three months (or such longer period as the Minister may for good cause
allow) from the date on which he so becomes a citizen of that other country,
or
(b) on the day on which he attains the age of twenty-two years,
whichever day is in his case the later, cease to be a citizen of Ceylon,
unless before that day he renounces citizenship of that other country in
accordance with the law therein in force in that behalf and notifies such
renunciation to a prescribed officer.
(3) Where any person -
who having been exempted from the provisions of subsection (2) of section
15, is registered under this Act as a citizen of Ceylon, or
(b) who is registered under the Indian and Pakistani Residents
(Citizenship) Act as a citizen of Ceylon,
continues after such registration to be a citizen of any other country,
that person shall -
(i) on the day immediately succeeding the date of the expiration of a
period of three months (or such longer period as the Minister may fur good
cause allow) from the date of his registration as a citizen of Ceylon, or
(ii) on the day on which he attains the age of twenty-two years,
whichever day is in his case the later, cease to be a citizen of Ceylon,
unless before that day he renounces citizenship of that other country in
accordance with the law therein in force in that behalf and notifies such
renunciation to a prescribed officer.
22. In any case where any person purports to renounce citizenship of any
country for the purpose of acquiring, retaining or resuming, under any
provision of this Act, the status of a citizen of Ceylon, and it is found at
any time that the renunciation was not in accordance with or not effective
under the law in force in that behalf in such other country, that person shall
be deemed never to have acquired, retained or resumed, under that provision,
the status of a citizen of Ceylon; and if the Minister makes a declaration to
that effect in any such case, the declaration shall be final and shall not be
contested in any court.
23. A person who is a citizen by registration shall cease to be a citizen
of Ceylon if that person resides outside Ceylon for five consecutive years or
more, exclusive of any period during which that person—
is employed abroad as an officer in the service of the Government of
Ceylon, or
(b) abroad as a representative of the Government of Ceylon, or
(c) being the spouse or minor child of a citizen of Ceylon who is abroad in
any of the capacities specified in paragraphs (a) and (b) of this section,
resides abroad with that citizen, or
(d) resides abroad on a holiday or for reasons of health, or
(e) is a student at an educational institution abroad, or
(f) resides abroad with a spouse who is a citizen of Ceylon by descent, ox
(g) is abroad for any prescribed purpose.
24. (1) Where the Minister is satisfied that a person who is a citizen of
Ceylon by registration—
(a) has been convicted of an offence under this Act; or
(b) has been convicted of any offence under Chapter VI of the Penal Code;
or
(c) was registered as a citizen of Ceylon by means of fraud, false
representation, or the concealment of material circumstances or by mistake; or
(d) has, within five years after the date of registration as a citizen of
Ceylon, been sentenced in any court to imprisonment for a term of twelve
months or more; or
(e) has, since the date of his becoming a citizen of Ceylon by
registration, been for a period of not less than two years ordinarily resident
in a foreign country of which he was a national or citizen at any time prior
to that date, and has not maintained a substantial connection with Ceylon; or
(f) has taken an oath or affirmation of, or made a declaration of,
allegiance to a foreign country; or
(g) has so conducted himself that his continuance as a citizen of Ceylon is
detrimental to the interests of Ceylon,
the Minister may by order declare that such person shall cease to be such a
citizen, and thereupon the person in respect of whom the order is made shall
cease to be a citizen of Ceylon by registration.
(2) Before the Minister makes any order in relation to a person to whom
paragraph (g) of subsection (1) of this section applies, he shall refer that
person's case for inquiry by one or more persons appointed by him, with such
qualifications as may be prescribed. The person or persons who have been
authorised to make an inquiry under the preceding provisions of this section
shall, as soon as the inquiry is completed, make a written report to the
Minister. He shall not make any order under subsection (1) of this section
without carefully considering such report.
(3) Where a person ceases to be a citizen of Ceylon under subsection (1) of
this section, the Minister may by order direct that all or any of the persons
specified in the following paragraphs shall cease to be citizens of Ceylon,
and thereupon they shall cease to be citizens: -
(a) all or any of the minor children of such person who have been included
in the certificate of registration issued to him at the time of his
registration, and
(b) the spouse, widow or widower of such person, if such spouse, widow or
widower was registered under this Act.
PART V MISCELLANEOUS
25. Any person who, for the purpose of procuring anything to be done or not
to be done under this Act, makes any statement which he knows to be false in a
material particular shall be guilty of an offence and shall, on conviction
after summary trial before a Magistrate, be liable to imprisonment of either
description for a term not exceeding three months.
26. Every person to whom a certificate under this Act is granted shall, in
respect of that certificate, pay, in the prescribed manner, a fee according to
the prescribed rates.
27. (1) The Minister may make all such regulations as may be necessary for
giving effect to the provisions of this Act, and in particular for prescribing
any matter which is stated or required to be prescribed.
(2) No regulation made by the Minister shall have effect until it has
received the approval of the Senate and the House of Representatives and
notification of such approval is published in the Gazette.
28. (1) In this Act, unless the context otherwise requires -
"alien" means a person who is not a British subject;
"appointed date" means the 15th day of November, 194g;
" British subject" has the same meaning as in the law of the United
Kingdom;
"consular officer of Ceylon" includes an Ambassador, a High Commissioner, a
Commissioner, a representative, or a Trade Commissioner' of Ceylon;
"minor child" means a person who has not attained the age of twenty-one
years;
"prescribed" means prescribed by regulation made under this Act.
(2) For the purposes of this Act a person of full age is a person who has
attained the age of twenty-one years.
