As enacted

Contents

Tsunami (Special Provisions) Act 2005 · As enacted · Part II · Custody of Children and Young Persons

9. Registration as current custodian

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

(1)

Every person, who on the date of the coming into operation of this Part of this Act has the custody of a child as is referred to in paragraphs (a) or (b) of section 7 of this Act, shall, unless such person—

(a)

is the parent of the child ; or

(b)

has been granted custody of the child or has been committed with the care of the child under any law, after December 26, 2004, forthwith and in any event not later than one month of the date of the coming into operation of this Part of this Act, make an application in the form specified in the Third

Schedule to this Act to the Commissioner of Probation and

Child Care Services (hereinafter referred to as the

“Commissioner”) for the purpose of being registered as the current custodian of such child. The Commissioner may where necessary, delegate to the Divisional Secretary of the area where such child is presently resident, the power to accept an application and forward the same to the Commissioner.

(2)

Every person having custody of a child referred to in subsection (1) and who fails without just cause to register within the period specified in that subsection, shall be guilty of an offence and shall upon conviction be liable to a term of imprisonment of either description not exceeding two years.

(3)

A child found in the custody of a person who fails to register as required under subsection (1), shall immediately be removed by the Commissioner from the custody of such person, upon an order of a Magistrate, issued in the best interest of the child.

(4)

The Commissioner shall maintain a register containing all available information relating to every current custodian registered under this section and forward a copy of the information to the Authority.

(5)

The provisions of this section shall apply also in respect of every institution or organization where any children affected by the Tsunami are being taken care of.

Read on from s 10

Part III

Prescription

Read on from Part III

Part IV

Actions Under Section 66 of the Primary Courts’ Procedure Act

Read on from Part IV

Part V

Tenants of Premises

Read on from Part V

Part VI

Offences in Respect of Tsunami Relief Property

Read on from Part VI