Office for Reparations ACT

Arrangement of Sections

1. Short title.

2. Objectives of this Act.

PART I
ESTABLISHMENT OF THE OFFICE FOR REPARATIONS

3. Establishment of the Office for Reparations.

4. Constitution of the Office for Reparations.

5. Appointment of Chairperson and members of the Office for Reparations.

6. Terms of office of members.

7. Removal of members.

8. Meetings of the Office for Reparations.

9. Information officer and designated officer.

10. Headquarters and regional offices.

PART II
POWERS AND FUNCTIONS OF THE OFFICE FOR REPARATIONS

11. Powers and functions of the Office for Reparations.

12. Formulation of Policies on Reparations.

13. Confidentiality.

PART III
SECRETARIAT

14. Secretariat.

15. Appointment of public officers to the staff of the Office for Reparations.

PART IV
FINANCE AND REPORTING

16. Fund of the Office for Reparations.

17. Salaries of members of the Office for Reparations.

18. Financial year.

19. Reporting.

PART V
GENERAL

20. Offences.

21. Protection from action.

22. Rules.

23. Members &c. deemed to be public servants.

24. Delegation of powers.

25. No civil or criminal liability of any other person.

26. Repeals, savings and transitional provisions.

27. Interpretation.

28. Sinhala text to prevail in case of inconsistency.

34 of 2018.

AN ACT to provide for the establishment of the Office for Reparations; to identify aggrieved persons eligible for reparations, and to provide for the provision of individual and collective reparations to such persons; to repeal the Rehabilitation of Persons, Properties and Industries Authority Act and to provide for all matters connected therewith or incidental thereto.

Preamble

WHEREAS the Constitution of the Democratic Socialist Republic of Sri Lanka recognises the inherent dignity and equal and inalienable human rights of all Sri Lankans and the State’s obligation to respect, secure and advance these rights:

AND WHEREAS a comprehensive reparations scheme anchored in the rights of all Sri Lankans to an effective remedy will contribute to the promotion of reconciliation for the wellbeing, and security of all Sri Lankans including future generations.

[Date of Commencement: 22nd October 2018]

1. Short title.

This Act may be cited as the Office for Reparations Act.

2. Objectives of this Act.

The objectives of this Act shall be—

(a) to formulate and recommend to the Cabinet of Ministers, Policies on Reparations to grant individual and collective reparations to aggrieved persons;

(b) to facilitate and implement such Policies on Reparations as approved by the Cabinet of Ministers, by the Office for Reparations, including specialised policies on public education, memorialisation and on children, youths, women and victims of sexual violence and persons with disabilities;

(c) to establish links to ensure the compatibility of the Office for Reparations with other mechanisms aimed at reconciliation; and

(d) to monitor and evaluate the progress of delivery of reparations to eligible aggrieved persons.

PART I
ESTABLISHMENT OF THE OFFICE FOR
REPARATIONS

3. Establishment of the Office for Reparations.

(1) There shall be established an office which shall be called the Office for Reparations.

(2) The Office for Reparations shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name.

4. Constitution of the Office for Reparations.

(1) The Office for Reparations shall consist of five members appointed by the President on the recommendation of the Constitutional Council.

(2) The Constitutional Council shall recommend three names out of the members of the Office for Reparations to be appointed as the Chairperson of the Office for Reparations.

(3) One of the members recommended under subsection (2) shall be appointed by the President as the Chairperson of the Office for Reparations.

(4) In making recommendations for the appointment of members to the Office for Reparations, the Constitutional Council shall have due regard to—

(a) ensure that the composition of the Office for Reparations reflects the pluralistic nature of Sri Lankan society including gender; and

(b) ensure that the members of the Office for Reparations shall be persons of integrity and possess experience and qualifications relevant to the carrying out of the functions of the Office for Reparations.

5. Appointment of Chairperson and members of the Office for Reparations.

(1) The President shall, within a period of fourteen days of receiving the recommendations under section 4, appoint such persons as members and, a person as Chairperson out of the names recommended under section 4(2) for the Office for Reparations.

(2) In the event of the President failing to make the necessary appointments within such period of fourteen days—

(a) the persons recommended to be appointed as members of the Office for Reparations shall be deemed to have been appointed as the members of the Office for Reparations; and

(b) the person whose name appears first in the list of names recommended to be appointed as the Chairperson, shall be deemed to have been appointed as the Chairperson of the Office for Reparations,

with effect from the date of expiry of such period of fourteen days.

6. Terms of office of members.

Every member of the Office for Reparations shall, unless such member vacates office earlier by death, resignation or removal, hold office for a term of three years from the date of such member’s appointment and shall, unless such member has been removed, be eligible for reappointment.

7. Removal of members.

(1) The office of a member of the Office for Reparations 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 (2); or

(d) on the expiration of such member’s term of office.

(2) A member of the Office for Reparations may be removed from office by the President, if such person—

(a) is adjudged an insolvent by a court of competent jurisdiction;

(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 upon consultation with the Speaker and the Leader of the Opposition, conflicts with his duties as a member of the Office for Reparations;

(c) is unfit to continue in office by reason of illness or other 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

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Recent Updates

FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


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FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018



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