Sri Lanka Consolidated Acts

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Registration of Electors Act (No. 44 of 1980) - Sect 12

Revision of register

12.
(1) On or before the first day of June in each year after the register for any electoral district is first certified under section 10, the Commissioner shall cause the revision of such register to be commenced and a notification stating that the revision of such register has commenced and informing every person qualified to be an elector for such electoral district how he may ascertain whether his name is in such register and, if not, how he may secure its entry therein, to be published in the Gazette and in at least one newspaper in each of the National Languages and to be conspicuously displayed at public places within such electoral district.
(2) For the purpose of revising the register and of satisfying himself as to the qualification of any person for registration or determining whether the name of any person should be entered or retained in the register, the registering officer may make such house to house or other inquiry as he may deem necessary either by himself or through a person appointed by him. For the purpose of such inquiry the registering officer may require any householder or any per son owning or occupying any land or premises in his electoral district or the agent of such person to give in such form as may from time to time be determined by the Com missioner, any information in the possession of such person or agent which the registering officer may require. Any notice requiring information under this subsection may be sent by ordinary letter post to the person from whom the information is required or may be delivered to him or to an adult member of his household.
(3) All officers in the service of the Government of Sri Lanka, or any public corporation or any local authority,, (other than officers in such service who are bound by an oath of secrecy under any written law), are hereby authorized and required to furnish to the registering officer all such information as he may require to enable him to revise the register.
(4) Every person who, being in possession of any information required under subsection (2), fails to give such in formation to the registering officer or to any person appoint ed by the registering officer for the purpose, or wilfully gives any false information, shall be guilty of an offence and shall, on conviction before a Magistrate, be liable to a fine not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.
(5) Every officer who is appointed by a registering officer
(a) who wilfully suppresses any information relating to the qualification of any person for registration as an elector or relevant for determining whether the name of any person should or should not be entered or retained in the register, after such information had been furnished to or collected by him, or gives any information relevant for the purpose aforesaid knowing such information to be false; or
(b) who wilfully and without reasonable cause deletes or causes to be deleted from the register or fails wilfully and without reasonable cause to enter or retain in the register the name of any person who is entitled to be registered as an elector, shall be guilty of an offence and shall, on conviction before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description not exceeding one month or to both such fine and imprisonment.
(6) Every person who, at any revision of any register in any year, knowing that he or any other person is not qualified to have the name of himself or such other person entered or retained in such register, claims or applies, or induces or aids or abets such other person to claim or apply, for the entry or retention of the name of himself or of such other person, as the case may be, in such register, shall be guilty of an offence and shall, on conviction before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description not exceeding one month, or to both such fine and imprisonment.
(7)
(a) Where it appears that a person is qualified to have his name entered or retained -
(i) in more than one register ; or
(ii) more than once in the same register under different qualifying addresses, a registering officer shall cause notice to be served on that person requiring him to specify, within seven days of the date of service of such notice, the register in which he de sires to have his name entered or retained, or the qualifying address under which he desires to have his name entered or retained in the same register aforesaid, as the case may be,
(b) Any notice referred to in paragraph (a) may be served in the manner provided in that behalf in subsection (2).
(c) Where, in compliance with a notice under paragraph (a) a person specifies -
(i) the register in which he desires to have his name entered or retained, and the registering officer for the appropriate electoral district is satisfied that such person is qualified to have his name entered or retained in that register his name shall be entered or retained in that register and in no other register ; or
(ii) the qualifying address under which he desires to have his name entered or retained in the same register, and the registering officer is satisfied that such person is qualified to have his name entered or retained in that register, under that address, his name shall be entered or retained under that address in that register and under no other address in that register.
(d) Where a person fails to comply with a notice under paragraph (a) -
(i) the Commissioner shall, if the notice required such person to specify the register in which such person desires to have his name entered or retained, determine which one of the registers in which such person is qualified to have his name entered or retained shall be the register in which such name shall be entered or retained, and such name shall be entered or retained in the register determined by the Commissioner and in no other register ; or
(ii) the registering officer shall, if the notice required him to specify the qualifying address under which he desires to have his name entered or retained in the same register, determine which one of the qualifying addresses in the same register under which such person is qualified to have his name entered or retained shall be the address under which such name shall be entered or retained in that register, and such name shall be entered or retained under the qualifying address in that register determined by the registering officer and under no other qualifying address in that register.
(e) The failure of any person to comply with any notice served under paragraph (a), or the failure of the Commissioner or a registering officer to comply with the provisions of paragraph (d) in respect of that person or the fact that upon such compliance his name is not entered or retained in any register, or under any qualifying address in the same register, specified by such person, shall not affect or prejudice his right to have his name entered or retained, subject to the provisions of section 7, in any register, or under any qualifying address in the same register, as the case may be, in or under which he is qualified to have his name entered or retained.


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