Registration of Deaths (Temporary Provisions) (Amendment) Act 2016

Northern and Eastern Provinces or its aftermath or political unrest or civil disturbances or enforced disappearances;”;

Registration of Deaths (Temporary Provisions)

of the words “for the registration of such deaths and such missing persons:”.

Deaths (Temporary Provisions) Act” whenever those words occur in the principal enactment or any other written law, the words “Registration of Deaths and Missing Persons

(Special Provisions) Act”.

(Temporary Provisions) Act” in any notice, notification, contract, communication or other document shall be read and construed as a reference respectively to the

“Registration of Deaths and Missing Persons (Special

Provisions) Act”.

Parts; and

District Registrar of the District in which such missing person was last resident or had his permanent residence.

Schedule (hereinafter referred to as the

“relative”) shall administer the affairs of the missing person in accordance with the provisions of this Act, taking into account the best interest of the missing person and the successors to the estate of such missing person.

Criteria required to apply for a

Certificate of

Absence.

8B. Every application shall be supported by an Affidavit of the applicant which shall set out the grounds for his belief that the person who is sought to be registered is missing. The application shall be accompanied by a Report of the Grama Niladhari of the Grama Niladhari

Division in which the person who is sought to be registered as missing was last resident or had his permanent residence, confirming the fact that such person has not been seen or heard of, for a period of over one year, together with any other evidence in support of such application.

8C. Upon receipt of an application under this Part, the Registrar-General or the District

Registrar as the case may be, shall cause a copy of such application to be displayed for a period of two weeks on the notice board kept at his office and in the office of the relevant Grama

Niladhari.

8D. Any person may, within one month of the date on which a copy of an application is displayed as provided for in section 8C, forward to the Register-General or the District Registrar, as the case may be, his objections in writing to the registration of such person as missing to whom such application relates or to the appointment of the relative and such objection shall be supported by an Affidavit of the objector and of any other person, setting out clearly the grounds for their objections and tender evidence in support of such objections.

8E. (1) On the expiry of the period of one month allowed to forward objections, the

Registrar-General or the District Registrar, as the case may be, shall consider the application together with the evidence tendered in support of the application and the objections if any.

Additional material to be supplied.

Display of application.

Objection for registration.

Registration of Missing

Persons.

Registration of Deaths (Temporary Provisions)

The Registrar-General or the District Registrar may, question any person or call for any evidence and after such inquiry as he may consider necessary, if satisfied as to the truth of the matter stated in the application, allow such application.

Registrar-General, he shall make an order on the conclusion of such inquiry directing the

District Registrar to register the missing person in the Register of Missing Persons and to issue a Certificate of Absence under his hand to the relative under section 8H, unless the issue of a

Certificate of Absence is disallowed for reasons assigned.

District Registrar, on the conclusion of such inquiry, he shall forward to the Registrar-General a Report under his hand setting out the particulars concerning the missing person.

The Registrar-General having considered the contents of the Report shall make an order directing the District Registrar to register the missing person in the Register of Missing

Persons under section 8H and to issue a

Certificate of Absence under his hand to the relative, who applied for the same unless for reasons assigned the Registrar-General disallows the issue of a Certificate of Absence.

Persons and issue a Certificate of Absence to the relative who applied for the same under section 8A, in the Form C of the Schedule hereto.

The Registrar-General shall forthwith include the necessary entries to the Register maintained under subsection (1) of section 8H subject to review of the District Court under 8F, if necessary. The registration entry made by the

Registrar-General shall be final and conclusive for the purposes of this Act.

8F.

Court

An applicant who is dissatisfied with the decision of the Registrar-General refusing to issue a Certificate of Absence to him under section 8E, or a person who has objected under section 8D to the issue of a Certificate of

Absence under this Part, may within one month of the notification of such refusal or issue, as the case may be, make application to the

District Court against such refusal or issue. The

District Court may after review of the material before it, either affirm or set aside the decision of the Registrar-General, and may direct the

Registrar-General to issue a Certificate of

Absence or allow the application of a relative, as the case may be.

8G.

by a

393) or a Special Presidential Commission of

Inquiry established under the Special

Presidential Commission Law, No. 7 of 1978

or the Office on Missing Persons established under the Office on Missing Persons

(Establishment, Administration and Discharge of Functions) Act, No. 14 of 2016 finds that a person has disappeared or is missing, the relative of that person may, apply to the

Registrar-General or to the District Registrar in which that person was last residing or had his permanent residence, substantially in the

Form “B” set out in the Schedule to this Act, to have issued to him, a Certificate of Absence in

If dissatisfied to apply to

District

Special procedure relating to registration of Missing

Persons in respect of whom there are findings

Commission of Inquiry or a Special

Presidential

Commission of Inquiry or by the Office on Missing

Persons.

Registration of Deaths (Temporary Provisions)

respect of that missing person. Every such application shall be accompanied by an

Affidavit of the applicant in terms of section 8B and a certified copy of the findings of the

Commission of Inquiry or Special Presidential

Commission of Inquiry or the Interim Report or Report of the Office on Missing Persons, as the case may be, relating to such missing person.

Missing Persons and issue under section 8E a

Certificate of Absence under his hand to the relative of the missing person who applied for the same.

Persons as provided under subsections (2) and (3) of section 8H.

Registrar-General shall forthwith include the necessary entries to the Register maintained under subsection (1) of section 8H. The registration entry made by the Registrar-General shall be final and conclusive for the purposes of this Act.

8H. (1) Registrar-General shall maintain a

Register of Missing Persons electronically.

The information for registration shall be entered based on the name of the missing person and where available the National

Identity Card numerical of the missing person.

Registrar-General by order.

District Registrar –

Registrar;

“duplicate”) shall be forwarded to the Registrar-General and the third copy (hereinafter referred to as the

“Certificate of Absence”) shall be delivered or transmitted by post to the relative who applied for the same, duly endorsed under the hand of the District Registrar.

Register of

Missing

Persons.

8I. The provisions in Part VI of the Births and Deaths Registration Act (Chapter 110)

pertaining to correction of any error, including an omission in any registration entry shall, mutatis mutandis, be applicable to registrations made under this Part.

8J.

of the

Correction of errors.

Applicability

Certificate of

Absence.

Registration of Deaths (Temporary Provisions)

of the child, shall be concluded within one month.

Absence as proof of the status of the person missing.

of subsection (1), may be referred to the Divisional Secretary of the

Divisional Secretary’s Division by the relative.

Divisional Secretary’s Division shall make a determination after having discussed the matter in dispute with the relevant Institution, within one calendar month of receiving the application.

Secretary of the Divisional

Secretary’s Division shall be in writing and be considered as conclusive thereon.

8K. (1) The Certificate of Absence shall be valid for a period of two years from the date specified therein:

Provided however –

Period of

Operation.

death of the missing person, in such instances the Certificate of Absence shall be annulled and a Certificate of

Death shall be issued under section 6.

shall mutatis mutandis apply. The

District Registrar shall accordingly take action to cancel the registration and annul the Certificate of Absence;

Absence, of the status of the missing person and may subject to subsection (2)(a) of section 1 either, –

Absence, subject to subsection (1) (b) of section 8A, by endorsement for another two years; or

Certificate of Death, to make an application under section 2 and take action to cancel the registration and annul the Certificate of Absence; or

8L.

of a

Part–

“Cancellation

Certificate of

Death and the issue of a

Certificate of

Absence.

Registration of Deaths (Temporary Provisions)

Certificate of Death or of a Certificate of

Absence respectively, has been made in terms of the provisions of sections 2, 8, 8A, 10 and 11 of this Act prior to the expiry of the period of operation of

Parts I or Parts IA,

“Avoidance of doubt.

the Registrar-General may proceed to register the death of such person or register such person as missing and issue the Certificate of Death or a Certificate of Absence, respectively, in terms of the provisions of Part I and Part IA of this Act.”.

“(d) being aware that a person who has been registered as missing in pursuance of an application made under this Act, is alive, fails to furnish such information to the Register-General; or

“Form A”

“Form B

(Section 8A(2))

APPLICATION FOR REGISTRATION OF A MISSING

PERSON AND FOR THE ISSUE OF A CERTIFICATE OF

ABSENCE

1. Full name of missing person:

2. Gender and race:

3. Date of birth:

4. Last seen date (approximately):

5. Address of last known residence:

6. Address of permanent residence:

7. Full name and residence of the person applying as relative:

8. Relationship of the person applying as relative to

Missing Person:

9. Full name of the Missing Person’s:–

Father :

Mother :

Spouse :

Dependents :

I…………………..……….of………......…...………do hereby state that the said …………………………………(name of the person missing) has been missing for a period of over one year.

I therefore request that the said ………………….…. (name of the missing person) be registered as a Missing Person under the Registration of Deaths and Missing Persons

(Special Provisions) Act, No.19 of 2010 and a Certificate of

Absence in respect of such person be issued to me as the relative, and I shall forthwith inform the Registrar-General, if the person reported to be missing is found to be alive or on receiving evidence of the death of the missing person.

.............................

………………………….

Date

Signature of Applicant

Registration of Deaths (Temporary Provisions)

Form C

(Section 8A, 8E and 8H)

Registrar-General’s Department

Certificate of Absence

Number: …… District: ………… Division:………

I have this day received from ………………………….. of

………………………………………………notice that the undermentioned person is missing and do hereby register the following information:-

1. Full name of person missing:

2. Date and place of last sighting:

3. Sex:

4. Race:

5. Age of person if present:

6. Rank or Profession:

7. Full name of Missing Person’s:

Father:

Mother:

Spouse:

Dependents:

This Certificate shall be valid for a period of two years from ………… to…………………..

Date: ..................... Registrar: ........................

Relative appointed to administer the affairs of the

Missing Person

(Name) of —————————

(NIC No.) —————————————— as the ———

(Relationship).

Signature of the relative: ………………………….. .

N.B.— Section 8J (2) of the Registration of Deaths and Missing

Person (Special Provisions) Act, No. 19 of 2010 requires all

Institutions and Persons in authority to recognize and accept the Certificate of Absence as proof of the status of the person missing when applying for benefits under any social welfare scheme and when making representations on behalf of the missing person and his estate, before executive, administrative and judicial authorities.