Protection Of The Rights Of Elders ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF THE NATIONAL COUNCIL FOR ELDERS

2. Establishment of the National Council for Elders.

3. Constitution of the Council.

4. Term of Office of appointed members.

5. Removal and resignation of appointed members.

6. Remuneration of members.

7. The Chairman and the conduct of business.

8. Acts not invalidated by reason of a vacancy.

9. Delegation of powers to members.

10. Establishment of a National Secretariat.

11. Seal of the Council.

12. Principal function of the Council.

13. Other functions of the Council.

14. Powers of the Council.

PART II

PROTECTION OF THE RIGHTS OF ELDERS

15. Provision for the protection of rights of Elders.

PART III

REGISTRATION

16. Registration with the Council.

17. Application for registration.

18. Registration.

PART IV

FINANCE

19. The Fund of the Council.

20. Audit and Accounts.

21. Investment of moneys of the Council.

PART V

STAFF OF THE COUNCIL

22. Staff of the Council.

23. Appointment of public officers to the staff of the council.

PART VI

APPOINTMENT OF THE BOARD

24. Board for determination of claims for maintenance by elders.

24A. Conciliation Officers.

25. Applications for orders.

26. Joinder of respondents.

27. Maintenance orders.

28. Power of Board to order security for maintenance.

29. Duration of orders for maintenance.

30. Power of Board to vary orders for maintenance.

31. Maintenance payable under Order of Board to be inalienable.

32. Enforcement of maintenance orders.

33. Offence of contempt against or in disrespect of the authority of the Board or a member thereof.

PART VII

MISCELLANEOUS

34. Regulations.

35. Power of Council to make rules.

36. Powers of Council to inspect and search.

37. Council deemed to be a scheduled institution within the meaning of the Bribery Act.

38. Protection of members and officers of the Council for action taken under this Act or on the direction of the Council.

39. No writ to issue against person or property of a member.

40. Returns.

41. Offences.

42. Offences by bodies of persons.

43. Sinhala text to prevail in case of inconsistency.

44. Interpretation.

SCHEDULE

9 of 2000,

5 of 2011.

AN ACT to provide for the establishment of a National Council for Elders for the promotion and protection of the welfare and the rights of elders; and to provide for matters connected therewith or incidental thereto

[Ins by s 2 of Act 5 of 2011.]

[Date of Commencement: 4th May, 2000]

1. Short title.

This Act may he cited as the Protection of the Rights of Elders Act.

PART I

ESTABLISHMENT OF THE NATIONAL COUNCIL FOR ELDERS

2. Establishment of the National Council for Elders.

(1) There shall be established a Council called the National Council for Elders (hereinafter referred to as the "Council”).

(2) The Council shall, by the name assigned to it by subsection (1) be a body corporate with perpetual succession and a common seal and may sue and be sued in such name.

3. Constitution of the Council.

(1) The Council shall consist of the following members—

(a) the Secretary of the Ministry of the Minister in charge of the subject of Social Services who shall be the Chairman of the Council;

(b) the Additional Secretary of the. Ministry of the Minister in Charge of the subject of Social Services who shall be the Vice Chairman of the Council;

(c) the Director, Department of Social Services;

[S 3(1)(c) subs by s 3 of Act 5 of 2011.]

(d) three members appointed by the President in consultation with the Minister to represent elders in Sri Lanka:

(e) five members appointed by the President in consultation with the Minister to represent voluntary organisations, that are engaged in providing services to elders and are registered under this Act:

(f) four other members appointed by the President in consultation with the Minister, by name or office from among professionals, members of corporate bodies and public officers.

(2) —

(a) a member appointed under paragraphs (d), (e) or (f) of subsection (1) is hereinafter referred to as an "appointed member”.

(b) a member appointed under paragraph (e) of subsection (1) shall also be appointed as a full time Vice Chairman of the Council by the President, in addition to the ex-officio Vice Chairman appointed under paragraph (b) of subsection (1).

[S 3(2)(b) am by s 3 of Act 5 of 2011.]

(3) The Director, National Secretariat for Elders shall be the Secretary to the Council.

[S 3(3) ins by s 3 of Act 5 of 2011.]

4. Term of Office of appointed members.

Every appointed member shall, unless he vacates office earlier by death, resignation or removal, hold office for a period of three years from the date of his appointment and shall unless he has been removed from office, be eligible for re-appointment.

5. Removal and resignation of appointed members.

(1) The President may in consultation with the Minister for reasons assigned remove any appointed member from office.

(2) In the event of any vacancy of office by death, resignation or removal, of any appointed member, the President may in consultation with the Minister, and having regard to the provisions of section 3, appoint any other person to succeed such member. Any member so appointed shall hold office for the unexpired period of office of the member whom he succeeds.

(3) Any appointed member may at any time resign from office by letter to that effect addressed to the President.

(4) —

(a) Where an appointed member, by reason of illness infirmity or absence from Sri Lanka for a period of not less than six months, is temporarily unable to perform the duties of his office, it shall be the duty of such member to inform the President in writing of such inability. Thereupon, the President may in consultation with the Minister, and having regard to the provisions of section 3, appoint some other person to act in his place.

(b) Any appointed member who has failed to attend three consecutive meetings without prior notice shall be considered to have vacated membership of the Council unless he is re-appointed.

6. Remuneration of members.

The members of the Council may be paid such allowances as the Minister may determine in consultation with the Minister in charge of the subject of Finance.

7. The Chairman and the conduct of business.

(1) The Chairman shall preside at all meetings of the Council at which he is present. In the absence of the Chairman from any meeting one of the Vice Chairmen shall preside at such meeting. Where the Chairman and both Vice Chairmen are absent from any meeting of the Council, the members present at such meeting shall choose from among themselves another member to preside at that meeting.

(2) The quorum for any meeting of the Council shall be eight members.

(3) The Council shall meet as often as is necessary, and in any case at least once in each month, at such time and place as the Council may determine, and may subject to the other provisions of this Act and any regulation made thereunder regulate the procedure in regard to its meetings and the transaction of business at such meetings.

8. Acts not invalidated by reason of a vacancy.

No act decision or proceeding of the Council shall be deemed to be invalid by reason only of the existence of any vacancy in the Council or any defect in the appointment of any member thereof.

9. Delegation of powers to members.

The Council may delegate to any member of the Council, or a provincial Director of Social Services any power, duty or function conferred or imposed on, or assigned to the Council by this Act, and in the exercise, performance or discharge of such power, duty or function such member or Director shall be subject to the general or special directions of the Council.

10. Establishment of a National Secretariat.

There shall be established a National Secretariat to assist the Council in the discharge of its functions.

11. Seal of the Council.

(1) The seal of the Council may be determined and devised by the Council, and may be altered in such manner as may be determined by the Council.

(2) The seal of the Council shall be in the custody of such person as the Council may decide from time to time.

(3) The seal of the Council shall not be affixed to any instrument or document except with the sanction of the Council and in the presence of the Chairman and one member of the Council who shall sign the instrument or document in token of their presence.

(4) The Council shall maintain a register of the instruments and documents to which the seal of the Council has been affixed.

12. Principal function of the Council.

The principal function of the Council shall be the promotion and protection of the welfare and the rights of elders in Sri Lanka and to assist elders to live with self-respect, independence and dignity.

13. Other functions of the Council.

Without prejudice to the generality of the provisions of section 12, the other functions of the Council shall be as follows—

(a) to advise the Government on the promotion of the welfare and the rights of eiders;

(b) to recommend programmes to the Government and the other appropriate bodies, to strengthen the family unit based on the traditional values of Sri Lanka;

(c) to take all such measures as are necessary, in consultation with the relevant Ministries, Provincial Authorities. Local Authorities, Districts and Divisional Secretariats, religious institutions, Non-Governmental Organisations and private sector organisations, to promote and protect the welfare and rights of elders;

(d) to organise lectures, seminars, workshops and other programmes in schools and other appropriate places with a view to inculcating, in the younger generation, their duties to elders;

(e) to ensure the adoption of, and compliance with, the relevant international declarations and conventions relating to elders, by the Government of Sri Lanka;

(f) to maintain accurate and up to date statistics relating to elders;

(g) to promote studies and research with a view to identifying the principal causes of the problems of elders and their needs and aspirations and to promote effective measures for the alleviation or elimination of such causes and for the satisfaction of such needs and aspirations;

(h) to provide due publicity through all appropriate means to the findings of the studies and research referred to in paragraph (g), in order to make the public aware of the problems, needs and aspirations of elders;

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

NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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