Registration of Deaths (Temporary Provisions) (Amendment) Act 2016 · As enacted
10. Insertion of new Part IA in the principal enactment
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
The following new Part (sections 8A to 8L) is hereby inserted immediately after Part I and shall have effect as Part
IA, of the principal enactment:-
“PART IA
REGISTRATION OF PERSONS MISSING DUE TO THE CONFLICT IN THE
NORTHERN AND EASTERN PROVINCES, POLITICAL UNREST OR CIVIL
DISTURBANCES OR ENFORCED DISAPPEARANCES
8A. (1) Where any person is reported missing and has not been heard of for a period exceeding one year by those who would naturally have heard of him, had he been present, and his disappearance is attributable to the conflict which took place in the Northern and Eastern Provinces or its aftermath or political unrest or civil disturbances or enforced disappearances or is a member of the armed forces or police who is identified as missing in action (hereinafter referred to as
“missing person”), a relative of such person may apply in the manner hereinafter provided, to register such person as missing and to have issued to him, a Certificate of Absence in respect of such person.
Every application under this section shall be substantially in the Form B specified in the Schedule to this Act and shall be forwarded to the Registrar-General or the
District Registrar of the District in which such missing person was last resident or had his permanent residence.
The relative appointed by Form C of the
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.
Where the application was made to the
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.
Where the application was made to the
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.
The District Registrar shall accordingly enter such particulars in the Register of Missing
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 District Registrar shall forthwith forward the duplicate of the relevant registration entry for transmission to the Registrar-General.
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
Where a Commission appointed under the Commissions of Inquiry Act (Chapter
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.
Upon receipt of an application under subsection (1), the District Registrar shall, notwithstanding anything to the contrary in the preceding provisions of this Act, forthwith send to the Registrar-General a Report under his hand, setting out the particulars of the missing person.
Upon receipt of the Report under subsection (2), the Registrar-General shall consider the contents of the Report and make an order directing the District Registrar to register the missing person in the Register of
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.
The District Registrar shall accordingly enter such particulars in the Register of Missing
Persons as provided under subsections (2) and (3) of section 8H.
The District Registrar shall forthwith forward the duplicate of the relevant registration entry together with the order issued under subsection (2), to the Registrar-General. The
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.
Every District Registrar shall also maintain a Register of Missing Persons and make such entries as may be directed by the
Registrar-General by order.
Every registration entry made by the
District Registrar –
shall be made in the order of time in which the particulars were given to the Registrar-General or the District
Registrar;
shall be numbered consecutively and signed by the officer making the entry; and
shall be prepared in triplicate. The original shall be in the custody of the District Registrar, the second copy (hereinafter referred to as the
“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
The Certificate of Absence may be used by the relative of the missing person who applied for the same in order to –
apply for benefits under any social welfare scheme;
(i) temporarily manage under the supervision of the District Court, the property and assets of the missing person and act as a provisional guardian for dependent children of the missing person;
The application under item (i) shall be made to the District Court having jurisdiction in respect of the property concerned or where the dependent children reside and shall be dealt with by summary procedure in the following manner:-
matters pertaining to the administration of the property and other assets of the missing person, shall be concluded within four months from the date of application to the District Court.
matters pertaining to guardianship of children where both parents are missing or where the surviving parent is unable to secure the wellbeing
Correction of errors.
Applicability
Certificate of
Absence.
Registration of Deaths (Temporary Provisions)
of the child, shall be concluded within one month.
make representation before executive, administrative and judicial authorities on behalf of the estate of the missing person.
All institutions and persons in authority shall recognize and accept the Certificate of
Absence as proof of the status of the person missing.
(a) Any dispute arising in regard to a matter specified under paragraph (a)
of subsection (1), may be referred to the Divisional Secretary of the
Divisional Secretary’s Division by the relative.
The Divisional Secretary of the
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.
The determination of the Divisional
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 –
the remains of the missing person is recovered or other conclusive evidence is discovered regarding the
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.
the Missing Person is found to be alive, the provisions of section 13
shall mutatis mutandis apply. The
District Registrar shall accordingly take action to cancel the registration and annul the Certificate of Absence;
At the conclusion of the period of two years, the District Registrar shall inquire from the relative who is issued with the Certificate of
Absence, of the status of the missing person and may subject to subsection (2)(a) of section 1 either, –
extend the period of the Certificate of
Absence, subject to subsection (1) (b) of section 8A, by endorsement for another two years; or
direct the relative, if willing to apply for a
Certificate of Death, to make an application under section 2 and take action to cancel the registration and annul the Certificate of Absence; or
cancel the Certificate of Absence where the relative does not intend to extend the period of the said Certificate.
8L.
of a
Notwithstanding anything to the contrary in the preceding provisions of this Act, where, prior to coming into operation of that
Part–
an application has been made under section 2 or 8 for a Certificate of Death in respect of a missing person; or
“Cancellation
Certificate of
Death and the issue of a
Certificate of
Absence.
Registration of Deaths (Temporary Provisions)
a Certificate of Death has been issued in respect of a missing person, then a relative of a missing person may make an application substantially in the manner specified under section 8G (1). The Registrar-General shall forthwith cancell such application or Certificate referred to in (a) or (b) respectively and issued a Certificate of Absence under section 8G.
The provisions of section 8D and 8F shall mutatis mutandis apply to an application made under this section.”.