Registration of Deaths and Missing Persons (Special Provisions) Act

Arrangement of Sections

1. Short title, duration and extension of operation of the Act.

PART I

REGISTRATION OF DEATHS OF PERSONS MISSING DUE TO TERRORIST OR
SUBVERSIVE ACTIVITY OR CIVIL COMMOTION

2. Who may apply for the issue of a certificate of death in case of a person missing due to terrorist activity and procedure.

3. Additional material to be supplied.

4. Display of application.

5. Objection to registration.

6. Registration of Death.

7. Appeal against refusal to issue certificate.

7A. If dissatisfied may apply to District Court.

8. Special procedure relating to registration of deaths of persons in respect of whom there are finding by a Commission of Inquiry or a Special Presidential Commission of Inquiry.

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. Criteria required to apply for a Certificate of Absence.

8B. Additional material to be supplied.

8C. Display of application.

8D. Objection for registration.

8E. Registration of Missing Persons.

8F. If dissatisfied to apply to District Court.

8G. Special procedure relating to registration of Missing Persons in respect of whom there are findings by a Commission of Inquiry or a Special Presidential Commission of Inquiry or by the Office on Missing Persons.

8H. Register of Missing Persons.

8I. Correction of errors.

8J. Applicability of the Certificate of Absence.

8K. Period of Operation.

8L. Cancellation of a Certificate of Death and the issue of a Certificate of Absence.

PART II

REGISTRATION OF DEATHS OF PERSONS MISSING DUE TO NATURAL
DISASTERS OR CALAMITIES

9. Registrar-General to declare “National Disaster Areas”.

10. Who may apply for the issue of a Death Certificate in case of persons missing as a result of any natural disaster or calamity, and procedure.

11. Registration of Deaths of foreign nationals.

Part III

MISCELLANEOUS PROVISIONS

12. Provisions of the Evidence ordinance not to apply.

13. Procedure if person registered as dead is found to be alive.

14. Avoidance of doubt.

15. Offences.

16. Sinhala text to prevail in case of inconsistency.

17. Interpretation.

19 of 2010,

16 of 2016.

AN ACT to provide for the registration of deaths of persons reported missing as a result of terrorist or subversive activity or civil commotion and of persons whose deaths are directly attributable to any natural disaster or calamity and such activity, disaster or calamity results in serious consequences at national level; to provide for the registration of persons reported missing as a result of the conflict which took place in the northern and eastern provinces or its aftermath or political unrest or civil disturbances or enforced disappearances or of members of the armed forces or police identified as missing in action; and for matters connected therewith or incidental thereto.

[Long title am by s 2 of Act 16 of 2016.]

[Date of Commencement: 10th December, 2010]

[Editorial note: S 4(1) of Act 16 of 2016 substitutes “Registration of Deaths (Temporary Provisions) Act” with “Registration of Deaths and Missing Persons (Special Provisions) Act” throughout the Act.

1. Short title, duration and extension of operation of the Act.

(1) This Act may be cited as the Registration of Deaths and Missing Persons (Special Provisions) Act, No. 19 of 2010. The provisions of this Act shall be in operation for a period of three years from the date of its commencement.

(2) Notwithstanding any extension of the period of operation of this Act, the Minister may not less than one month prior to the expiration of any period of operation of this Act, by Order published in the Gazette, extend the period of operation of Parts I and IA of this Act:

Provided that—

(a) any period of operation may be extended by the Minister upon review of such period having considered the number of applications seeking relief under the said Parts; and

(b) any such extension shall not, in any one instance, be for more than a period of five years.

[S 1(2) subs by s 5 of Act 16 of 2016.]

(3) Notwithstanding the expiry of the period of operation of Parts I and IA, the provisions of Parts II and III shall continue to be in operation.

[S 1(3) subs by s 5 of Act 16 of 2016.]

PART I

REGISTRATION OF DEATHS OF PERSONS MISSING DUE TO TERRORIST OR SUBVERSIVE ACTIVITY OR CIVIL COMMOTION

2. Who may apply for the issue of a certificate of death in case of a person missing due to terrorist activity and procedure.

(1) Where any person is reported missing and he has not been heard of for a period exceeding one year by those who would naturally have heard of him, had he been alive and his disappearance is attributable to any terrorist or subversive activity or civil commotion which has taken place within Sri Lanka, a next of kin of such person if he verily believes such person to be dead, may apply in the manner hereinafter provided, to register the death of such person under the provisions of the Births and Deaths Registration Act and to have issued to him, a Certificate of Death in respect of such person.

(2) Every application under this section shall be substantially in the Form A specified in the Schedule to this Act and shall be forwarded to the Registrar-General or the District Registrar of Births and Deaths of the District in which such missing person was last resident or had his permanent residence.

[S 2(2) am by s 6 of Act 16 of 2016.]

3. Additional material to be supplied.

Every application under this Act shall be supported by an Affidavit of the applicant setting out the grounds for his belief that the person whose death is sought to be registered, is dead, and shall be accompanied by a Report from the Grama Niladhari of the Grama Niladhari Division in which the person whose death is sought to be registered was last resident or had his permanent residence, confirming the fact that such person has not been seen alive or heard of, for a period of over one year, and accompanied by any other evidence in support of such application.

4. Display of application.

Upon receipt of an application under this Act, the Register-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 Grama Niladhari in whose division the person whose death is sought to be registered was last resident or had his permanent residence.

5. Objection to registration.

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