TSUNAMI (SPECIAL PROVISIONS) ACT

Arrangement of Sections

1. Short title.

PART I

ISSUE OF DEATH CERTIFICATES

2. Where persons resident in certain area as at December 26, 2004, are found missing.

3. Procedure for obtaining a certificate of death in respect of a person referred to in section 2.

4. Where information is received of a person being alive in respect of whom a certificate of death was issued under section 3.

5. Offences.

6. Interpretation.

PART II

CUSTODY OF CHILDREN AND YOUNG PERSONS

7. Application of the Provisions the Act.

8. Authority to maintain a register.

9. Registration as current custodian.

10. Duty of a current custodian.

11. Informing Authority of desire for foster care.

12. Authority to be the Guardian.

13. Application to be a foster parent.

14. Authority to refer application to a Foster Care Evaluation Panel.

15. Panel to forward its recommendations.

16. Foster Care.

17. Duty of a Foster.

18. Duties of the Monitoring Officer in regard to the child or young person in respect of whom a Foster Care Order is made.

19. Monitoring Officer to have right to enter any premises etc.

20. Revocation of Foster Care Order.

21. No adoption under Adoption of Children Ordinance unless child is under foster care.

22. Application for adoption of a foster care.

23. Provisions of sections 3 and 4 of the Adoption of Children Ordinance to apply.

24. Issue of birth certificate.

25. Provisions of Adoption of Children Ordinance to apply mutatis mutandis.

26. Authority to act notwithstanding the National Child Protection Authority Act, No. 50 of 1998.

27. Interpretation.

PART III

PRESCRIPTION

28. Adverse possession not considered to be interrupted.

29. Exclusion of certain period from the calculation of lime prescribed for the filing of certain actions etc.

PART IV

ACTIONS UNDER SECTION 66 OF THE PRIMARY COURTS PROCEDURE ACT

30. Possession of land affected by the Tsunami.

PART V

TENANTS OF PREMISES

31. Tenant or lessees rights not to be terminated.

PART VI

OFFENCES IN RESPECT OF TSUNAMI RELIEF PROPERTY

32. Tenant or lessees rights not to be terminated.

33. Sinhala text to prevail in case of inconsistency.

SCHEDULES

16 of 2005.

AN ACT to enable special legal provisions to be made in respect of persons and property affected by the Tsunami that occurred on December 26, 2004, and for matters connected therewith or incidental, thereto.

[Date of Commencement: 13th June, 2005]

1. Short title.

This Act may be cited as the Tsunami (Special Provisions) Act.

PART I

ISSUE OF DEATH CERTIFICATES

2. Where persons resident in certain area as at December 26, 2004, are found missing.

Notwithstanding the provisions of section 108 of the Evidence Ordinance, where any person, who had been resident in an area referred to in the First Schedule to this Act as at December 26, 2004 or was known to have been in or travelling through such area on that date, cannot be found and has not been heard of for six months since that date by those who would normally have heard of such person has such person been alive, and the disappearance is attributable to the Tsunami that occurred on that date, the burden of proving that such person is alive is on the person who affirms it.

3. Procedure for obtaining a certificate of death in respect of a person referred to in section 2.

(1) The next of kin of any person referred to in section 2, or where there is no next of kin living, any other person having knowledge of such person, may apply in the manner hereinafter provided, to have a certificate of death issued in respect of such person.

(2) An application referred to in subsection (1) may at any time after expiry of six months from December 26, 2004, be made in the Form set out in the Second Schedule to this Act and shall be submitted along with an affidavit to the Grama Niladhari of the area within which such missing person was resident. The Grama Niladhari shall, immediately upon the receipt of such application, display a notice in his office calling for objections, if any, to the issue of a death certificate as applied for, within two weeks of the date of such notice. The Grama Niladhari shall, upon the expiry of the period for filing of objections, and after such inquiry as he deems fit and having obtained a report from the Officer- in-Charge of the Police Station of the area, authenticate the same and forward it along with his report as to the accuracy of the facts stated therein, to the Divisional Secretary of the division within which his area is situated. The Divisional Secretary shall endorse every such application and forward the same to the Registrar-General.

(3) Upon receipt of an application, duly authenticated and endorsed in terms of subsection (2), the Registrar-General shall, upon being satisfied on the documents presented, make order directing the appropriate Registrar to register in the Register of Deaths maintained by such Registrar under the Births and Deaths Registration Act the particulars specified in such application and issue in respect of such person a certificate of death, and such appropriate Registrar shall forthwith enter such particulars in such register and sign the register in the appropriate place.

(4) There shall be attached to the duplicate of the relevant registration entry, the order of the Registrar-General made under subsection (3), and such duplicate and order shall be sent together by the Registrar to the appropriate District Registrar for transmission to the Registrar-General for custody in his office.

4. Wherein formation is received of a person being alive in respect of whom a certificate of death was issued under section 3.

(1) Where any death has been registered pursuant to an application made under section 3 of this Act, and where any person at any time thereafter becomes aware that the person whose death has been so registered is alive, such person shall forthwith furnish such information to the Registrar-General.

(2) The Registrar-General shall on receipt of such information convey the information to the Officer-in-Charge of the relevant police station, who shall investigate the truth of such information and make a report to the Registrar-General, within four weeks of the date on which such information is conveyed to such officer.

(3) Upon receipt of a report under subsection (2) and after such inquiry as he may deem necessary the Registrar-General, if satisfied that the person whose death has been registered is alive, shall take such action, or make such order or give such direction under section 52 of the Births and Deaths Registration Act, as is appropriate in the circumstances of the case, to rectify the records.

(4) Any inquiry held by the Registrar-General under subsection (3) shall be concluded within one month of its commencement and the Registrar-General may, for the purposes of such inquiry, exercise all the powers exercise able by him under the Births and Deaths Registration Act, in relation to an inquiry held by him under that Act.

5. Offences.

Any person who—

(a) knowingly makes a false statement in an application made by him under section 3, or furnishes false information;

(b) being aware that a person whose death has been registered in pursuance of an application made under section 3, is alive, fails to furnish such information to the Registrar-General; or

(c) dishonestly or fraudulently uses a certificate of death issued under the Births and Deaths Registration Act knowing, or having reason to believe that the person referred to in such certificate is alive;

shall be guilty of an offence under this Act, and shall upon conviction after trial by the High Court be sentenced to a term of imprisonment of not less than three years and not exceeding five years.

6. Interpretation.

In this Part of this Act, unless the context otherwise requires:

"appropriate District Registrar”, "appropriate registrar” and "district” shall have the respective meanings assigned to them by the Births and Deaths Registration Act;

"District Registrar” means a District Registrar of Births and Deaths appointed under section 4 of the Births and Deaths Registration Act; and

"Registrar-General” means the Registrar-General of Births and Deaths appointed under section 2 of the Births and Deaths Registration Act and includes a Deputy Registrar-General.

PART II

CUSTODY OF CHILDREN AND YOUNG PERSONS

7. Application of the Provisions the Act.

The provisions of this Part of this Act shall apply in respect of—

(a) every child and young person who is left an orphan;

(b) every child left with a single parent who is unable to take care of such child; and

(c) every young person left with a single parent who is in need of care and protection, which such parent is unable to provide;

as a result of she Tsunami which occurred on December 26, 2004.

8. Authority to maintain a register.

(1) The National Child Protection Authority established by the National Child Protection Authority Act, No. 50 of 1998 (hereinafter referred to as "the Authority”) shall maintain a Register containing all available information relating to every child who is left an orphan and of every child and young person in respect of whom foster care is desired for under section 11 of this Act.

(2) The Authority shall be required for the purpose of ensuring that the register maintained under subsection (1) contains accurate information, to make any inquiry as it may consider necessary about the children and young persons whose information is recorded in such register.

9. Registration as current custodian.

(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 So 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 arc being taken care of.

10. Duty of a current custodian.

(1) It shall be the duty of every current custodian to provide all such care and protection, including adequate education, to the child under his or her care, so long as he or she remains the current custodian of such child.

(2) Where a current custodian who is an individual wishes to be the foster parent to the child under his or her care, an application for the same is required to be made under section 13 of this Act within one month of such person being registered as the current custodian of such child.

11. Informing Authority of desire for foster care.

(1) It shall be the duty of the parent of a child referred to in paragraph (b) of section 7 who desires to place such child under foster care, to inform the Authority of that fact foster within six months of the coming into operation of this Act.

(2) A young person who is referred to in paragraph (a) or (c) of section 7 may, if he or she is desirous of being placed under foster care, inform the Authority of that fact within six months of the coming into operation of this Act.

12. Authority to be the Guardian.

(1) Subject to the upper guardianship of Court, the Authority shall he the Guardian of every child placed under foster care by a parent and of every child who is left an orphan, whether or not such child is in the custody of any person, on the dale of the coming into operation of this Act.

(2.) It shall be the duty of the Authority to ensure that every child who is not under foster care or who has ceased to be in foster care for any reason whatsoever, is provided with adequate care, custody and protection including education and any special care that may be needed in view of the emotional trauma suffered by such child, and the Authority shall make every endeavour to find a suitable foster parent for such child.

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