5. The following new sections are hereby inserted immediately after section 45 of the principal Act, and shall have effect as sections 45A and 45B of that Act:-
| 45A.
| | (1) Any person who-
| | | (a) brings any other person into Ceylon by any means whatsoever, knowing that the entry into Ceylon of that other person is or would be in contravention of any provision of this Act or of any order or regulation made thereunder ; |
| (b) conceals or harbours any other person in any place whatsoever, or transports any other person or causes any other person to be transported by any means whatsoever, knowing that such other person has entered Ceylon or is remaining in Ceylon in contravention of any provision of this Act or of any order or regulation mace thereunder ; or |
| (c) employs any other person knowing that such other person has entered Ceylon or is remaining in Ceylon in contravention of any provision of this Act or of any order or regulation made thereunder, |
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| | (2) Any person who-
| | | (a) attempts to commit or aids or abets the commission of an offence under subsection (1), or |
| (b) does any act preparatory to the commission of an offence under paragraph (a) or paragraph (b) of subsection (1), |
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| | (3) Where a person is charged with an offence under subsection (1) or subsection (2), it shall be presumed that he acted knowing that the entry of that other person into Ceylon was or would have been, or that the other person had entered Ceylon or was remaining in Ceylon, as the case may be, in contravention of a provision of this Act or of any order or regulation made thereunder, and the burden of rebutting the presumption of such knowledge shall lie upon the person so charged. | | |
| | (4) For the purpose of every prosecution under paragraph (c) of subsection (1) of this section, a person alleged to have entered Ceylon or to be remaining in Ceylon in contravention of any provision of this Act or of any order or regulation made thereunder,-
| | | (a) who is in the service of a body of persons shall-
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| (b) who is in the service of a business registered under the Business Names Ordinance, shall, as regards every individual, every firm and every body corporate registered under that Ordinance in respect of that business, be deemed to be employed by such individual, every partner of such firm and every manager, secretary and director of such body corporate, |
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| 45B. If in any prosecution for any offence under this Act there is produced a certificate issued by a police officer of a rank not below that of an Assistant Superintendent to the effect that he believes any person named in the certificate to be a person who has entered or remained in Ceylon in contravention of any provision of this Act or of any order or regulation made thereunder, it shall be presumed that the person so named entered or remain ed in Ceylon in contravention of such provision, unless it is proved by the accused that the person so named-
| | (a) is a person to whom Part III of this Act does not apply ; or | | |
| | (c) was in Ceylon prior to the appointed date and did not thereafter leave Ceylon ; or | | |
| | (d) was born in Ceylon on or after the appointed date and did not thereafter leave Ceylon. ". | | |
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Sri Lanka Consolidated Acts