OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) ACT

Arrangement of Sections

1. Short title and date of operation.

2. Objectives of the Act.

PART I

ESTABLISHMENT OF THE OFFICE ON MISSING PERSONS

3. Establishment of the Office on Missing Persons (OMP).

4. Constitution and composition of the OMP.

5. Chairman and members of the OMP.

6. Term of office of members.

7. Removal of members.

8. Meetings of OMP.

9. Quorum.

PART II

POWERS, DUTIES AND MANDATE OF THE OMP

10. Mandate of the OMP.

11. General powers of the OMP.

12. Powers of investigation.

13. Functions and duties of the OMP.

14. OMP to ensure the rights of missing persons and relatives.

15. Confidentiality of information.

PART III

SECRETARIAT, TRACING UNIT, VICTIMS AND WITNESS PROTECTION DIVISION OF THE OMP

16. The Secretariat of the OMP.

17. OMP Tracing Unit.

18. OMP Victim and Witness Protection Division.

PART IV

FINANCE

19. Finances.

20. salaries of OMP members.

21. OMP to raise funds.

22. Financial year.

23. Reporting.

PART V

GENERAL

24. Offences.

25. Protection from action.

26. Rules.

27. Interpretation.

28. Sinhala text to prevail in case of inconsistency.

14 of 2016,

9 of 2017.

AN ACT to provide for the establishment of the office on missing persons; to provide for the searching and tracing of missing persons; to provide assistance to relatives of missing persons; for the setting up of a database of missing persons; for setting out the procedures and guidelines applicable to the powers and functions assigned to the said office; and to provide for all matters which are connected with or incidental to, the implementation of the provisions of this act.

[Date of Commencement: Not available]

1. Short title and date of operation.

(1) This Act may be cited as the Office on Missing Persons (Establishment, Administration and Discharge of Functions) Act.

(2) The provisions of this Act shall come into operation on such date as the Minister may appoint, by order published in the Gazette (hereinafter referred to as the ‘appointed date’).

2. Objectives of the Act.

The objectives of the Office on Missing Persons (Establishment, Administration and Discharge of Functions) Act is to ensure that all necessary measures are taken—

(a) to provide appropriate mechanisms for searching and tracing of missing persons, and to clarify the circumstances in which such persons went missing, and their fate;

(b) to make recommendations to the relevant authorities towards reducing the incidents of ‘missing persons’ within the meaning of this Act;

(c) to protect the rights and interests of missing persons and their relatives as provided for in this Act;

(d) to identify proper avenues of redress to which such missing persons or their relatives may have recourse.

PART I

ESTABLISHMENT OF THE OFFICE ON
MISSING PERSONS

3. Establishment of the Office on Missing Persons (OMP).

(1) There shall be established an Office which shall be called and known as the “Office on Missing Persons” (hereinafter referred to as the “OMP”)

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

(3) The head office of the OMP shall be situated in Colombo. The OMP may, from time to time, establish such number of regional offices as may be necessary, to achieve its mandate.

4. Constitution and composition of the OMP.

(1)—

(a) The OMP shall consist of seven members who shall be appointed by the President on the recommendation of the Constitutional Council.

(b) One of the members of the OMP shall, on the recommendation of the Constitutional Council, be appointed by the President as the Chairman of the OMP:

Provided that the Constitutional Council may recommend more than one name for consideration by the President, to be appointed as the Chairman of the OMP.

(2) In making recommendations for the appointment of members to the OMP, the Constitutional Council shall, have due regard to—

(a) ensuring that the composition of the OMP reflects the pluralistic nature of the Sri Lankan society; and

(b) ensuring that the members of the OMP shall be persons with previous experience in fact finding or investigation, human rights law, international humanitarian law, humanitarian response, or possess other qualifications relevant to the carrying out of the functions of the OMP.

5. Chairman and members of the OMP.

(1) The President shall appoint, within fourteen days of receiving the recommendations of the Constitutional Council for such appointments, the Chairman and the members of the OMP.

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

(a) the persons recommended to be appointed as members of the OMP, shall be deemed to have been appointed as members of the OMP; and

(b) the person whose name appears first in the list of names recommended to be appointed as the Chairman, shall be deemed to have been appointed as the Chairman of the OMP,

with effect from the date of expiry of such period.

(3) The Chairman of the OMP shall be its Chief Executive Officer.

6. Term of office of members.

Every member of the OMP shall hold office for a period of three years, unless he vacates office prior to the expiration of such term.

7. Removal of members.

(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;

(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)—

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Recent Updates

PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015