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Part I · Establishment of the Office on Missing Persons

7. Removal of members

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

(1)

Any member who vacates his office, otherwise than by, removal under subsection (3), shall be eligible to be considered for re-appointment for one further term of three years only:

Provided that no person shall be entitled to be appointed as a Member of the OMP for more than two terms of office.

Provided further, that the period in which a Member is appointed as an acting Member shall not be considered as a

‘term’ of office within the meaning of this subsection.

(2)

The office of a member shall become vacant-

(a)

upon the death of such member;

(b)

upon such member resigning such office by writing addressed to the President;

(c)

upon such member being removed from office on any ground specified in subsection (3) hereof; or

(d)

on the expiration of such member’s term of office.

(3)

A member of the OMP may be removed from office by the President, if such person–

(a)

is adjudged an insolvent by a court of competent jurisdiction;

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Office on Missing Persons (Establishment,

Administration and Discharge of Functions)

Act, No. 14 of 2016

(b)

is found to have a conflict of interest, which in the opinion of the President, formed on the recommendation of the Prime Minister, made in consultation with the Speaker and the Leader of the Opposition, conflicts with his duties as a member of the OMP;

(c)

is unfit to continue in office by reason of infirmity of mind or body;

(d)

is declared to be of unsound mind by a court of competent jurisdiction;

(e)

is convicted of an offence involving moral turpitude; or

(f)

absents himself from three consecutive meetings without previously obtaining leave of the OMP.

(4)

The Chairman may resign from the office of Chairman by letter addressed to the President.

(5)

Subject to the provisions of subsection (3), the term of office of the Chairman shall be the period of membership of the OMP.

(6)

(a)

If the Chairman of the OMP becomes temporarily unable to perform the duties of his office, by reason of illness or other infirmity or due to absence from Sri Lanka or any other such reason, the President may appoint any other member of the OMP to act in his place.

(b)

If a Member of the OMP becomes temporarily unable to perform the duties of his office, by reason of illness or other infirmity or due to absence from Sri Lanka or any other such reason, the President may appoint any other person to act in his place.

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Office on Missing Persons (Establishment,

Administration and Discharge of Functions)

Act, No. 14 of 2016

(c)

The provisions of sections 4 (1) and 5 shall apply in respect of any person appointed to act as

Chairman or Member.

(7)

No act or proceeding of the OMP shall be deemed to be invalid by reason only of the existence of any vacancy among its members, or defect in the appointment of any member thereof.

Part II

Powers, Duties and Mandate of the Omp

Part III

Secretariat, Tracing Unit, Victims and Witness Protection Division of the Omp

Part IV

Finance

Part V

General