ACT, No. 19 OF 2010

19of2010.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
REGISTRATION OF DEATHS (TEMPORARY
PROVISIONS) ACT, NO. 19 OF 2010
—————————
[Certified on 10th December, 2010]
Printed on the Order of Government
—————————
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lankaof December 10, 2010.
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Registration of Deaths (Temporary Provisions) 1
Act, No. 19 of 2010
[Certified on 10th December, 2010]
L. D.—O. 36/2008.
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 WHOSEDEATHS ARE
DIRECTLY ATTRIBUTABLE TO ANY NATURAL DISASTER OR CALAMITY
AND SUCH ACTIVITY, DISASTER OR CALAMITY RESULTS IN SERIOUS
CONSEQUENCES AT NATIONAL LEVEL; AND FOR MATTERS CONNECTED
THEREWITH OR INCIDENTAL THERETO.
WHEREAS several persons have died or have been reported Preamble
missing in the course of the civil disturbances that have
taken place in Sri Lanka due to terrorist or subversive
activities or civil commotion:
AND WHEREAS several people have died due to being
exposed to natural disasters or calamities of national
proportions:
AND WHEREAS there are certain practical difficulties which
impede the registration of deaths in the circumstances which
are enumerated above under the provisions of the Births and
Deaths Registration Act:
AND WHEREAS it has now become necessary to enact
legislation providing measures for the registration of such
deaths:
NOW THEREFORE BE it enacted by the Parliament of the
Democratic Socialist Republic of Sri Lanka as follows:—
1. (1) This Act may be cited as the Registration of Short title,
Deaths (Temporary Provisions) Act, No. 19 of 2010. The duration and
extension of
provisions of this Act shall be in operation for a period of operation of the
three years from the date of its commencement. Act.
(2) Notwithstanding the provisions of subsection (1), 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 such period of operation:
2 Registration of Deaths (Temporary Provisions)
Act, No. 19 of 2010
Provided however, that any such extension shall not, in
any one instance, be for more than a period of two years.
(3) Notification of the date of any extension granted in
terms of subsection (2) shall be published in the Gazette.
PART I
REGISTRATION OF DEATHS OF PERSONS MISSING DUE TO TERRORIST
OR SUBVERSIVE ACTIVITY OR CIVIL COMMOTION
Who may apply 2. (1) Where any person is reported missing and he has
for the issue of a not been heard of for a period exceeding one year by those
certificate of who would naturally have heard of him, had he been alive
death in case of
a person missing and his disappearance is attributable to any terrorist or
due to terrorist subversive activity or civil commotion which has taken place
activity &c., and within Sri Lanka, a next of kin of such person if he verily
procedure. 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 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.
Additional 3. Every application under this Act shall be supported
material to be by an Affidavit of the applicant setting out the grounds for
supplied.
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.
Registration of Deaths (Temporary Provisions) 3
Act, No. 19 of 2010
4. Upon receipt of an application under this Act, the Display of
Register General or the District Registrar, as the case may application.
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. Any person may, within one month of the date on Objection to
which a copy of an application under this Act is first registration.
displayed as provided for in section 4, forward to the
Registrar-General or the District Registrar, as the case may
be, his objections in writing to the registration of the death
of the person to whom such application relates, and such
objection shall be supported by an Affidavit of the objector
and of any other person, setting out clearly the grounds for
their objections.
6. (1) On the expiry of the period of one month allowed Registration of
Death.
for the forwarding of objections to an application, the
Registrar-General or the District Registrar, as the case may
be, shall consider the application together with the evidence
in support of the application and the objections, if any, and
the evidence tendered in support of such objections, and
after such inquiry as he may deem necessary, if satisfied as
to the truth of the matters stated in the application, allow
such application. Where the application was made to the
District Registrar, he shall forward to the Registrar-General
a Report under his hand setting out the particulars of the
death as is required to be registered, under the Births and
Deaths Registration Act, as he has been able to ascertain
upon the completion of such inquiry as aforesaid.
(2) On receipt of the Report under subsection (1), the
Registrar-General shall, except in a case where he disallows
a Report in the exercise of the powers conferred on him by
section 7, make order directing the appropriate Registrar to
enter in the Register of Deaths maintained by such Registrar
4 Registration of Deaths (Temporary Provisions)
Act, No. 19 of 2010
under the Births and Deaths Registration Act, the particulars
specified in such Report and issue in respect of such person
a Certificate of Death.
(3) On receipt, by a Registrar, of an order under subsection
(2), directing him to enter the particulars in relation to the
relevant death in the Register of Deaths maintained by him
under the Births and Deaths Registration Act and issue in
respect of such person a Certificate of Death, the Registrar
shall forthwith enter those particulars in such register and
sign the Register in the appropriate place and issue the
Certificate of Death.
(4) There shall be attached to the duplicate of the relevant
registration entry, the written order of the Registrar-General
made under subsection (2) and such duplicate and order
shall together be sent, by the Registrar to the appropriate
District Registrar for transmission to the Registrar-General
to be kept in his custody in his office.
Appeal against 7. An applicant who is dissatisfied with the decision of
refusal to issue
certificate &C., the District Registrar refusing to issue a Certificate of Death
to him under section 6, or a person who has objected under
section 5 to the issue of a Certificate of Death under this Act
and who is dissatisfied with the decision of the District
Registrar to issue such Certificate, may within one month of
the notification of such refusal or issue, as the case may be,
appeal to the Registrar-General against such refusal or issue,
as the case may be. The Registrar-General may after review
of the material before him, either affirm the decision of the
District Registrar, or direct the District Registrar to issue a
Certificate under section 6, or disallow the report issued by
that District Registrar under section 6, as the case may be.
Registration of Deaths (Temporary Provisions) 5
Act, No. 19 of 2010
8. (1) Where a Commission appointed under the Special
procedure
Commissions of Inquiry Act (Chapter 393) or a Special
relating to
Presidential Commission of Inquiry established under the registration of
Special Presidential Commissions Law, No. 7 of 1978 finds deaths of
persons in
that a person has disappeared or is missing, the next of kin of
respect of whom
that person may, apply to the Registrar-General or to the there are finding
District Registrar of Births and Deaths of the District in which by a
Commission of
that person was last residing or had his permanent residence,
Inquiry or a
substantially in the Form set out in the Schedule to this Act, Special
to register the death of that person under the Births and Presidential
Commission of
Deaths Registration Act and to have issued to him, a
Inquiry.
Certificate of Death in respect of the death of that person.
Every such application shall be accompanied by an Affidavit
of the applicant in terms of section 3 and a certified copy of
the findings of the Commission of Inquiry or Special
Presidential Commission of Inquiry, as the case may be,
relating to the death of such person.
(2) Upon receipt of an application under subsection (1),
the District Registrar shall, notwithstanding anything to
contrary in the preceding provisions of this Act, forthwith
send to the Registrar-General a Report under his hand, setting
out the particulars of the death required to be registered
under the Births and Deaths Registration Act, as he has been
able to ascertain from the application and the accompanying
Affidavit and finding.
(3) Upon receipt of the Report under subsection (2), the
Registrar-General shall 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 Report and issue in respect
of such person a Certificate of Death.
(4) Upon receipt of an order under subsection (3)
directing him to enter the particulars relating to the relevant
death in the Register of Deaths maintained by him under the
6 Registration of Deaths (Temporary Provisions)
Act, No. 19 of 2010
Births and Deaths Registration Act, the Registrar shall
forthwith enter such particulars in such Register and sign
the Register in the appropriate place.
(5) There shall be attached to the duplicate of the relevant
registration entry, the written 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
to be kept in his custody in his office.
(6) Where the application under subsection (1) is made
to the Registrar-General, the provisions of subsections (2)
and (5) shall mutatis mutandis apply as if the reference in
those section to the District Registrar is a reference to the
Registrar-General.
PART II
REGISTRATION OF DEATHS OF PERSONS MISSING DUE TO NATURAL
DISASTERS OR CALAMITIES
Registrar- 9. Where there has been within Sri Lanka a natural
General to disaster or calamity which has caused to either the whole of
declare
"National Sri Lanka or to certain areas thereof, destruction to persons
Disaster Areas". and property which has had far reaching effects at the
national level, and where due to the circumstance of the
deaths of persons who have died as a result of such disaster
or calamity, the application of the provisions of the Births
and Deaths Registration Act to the registration of the deaths
of such persons has become impractical, the Registrar-
General may, upon verification of the fact that a natural
disaster or calamity has occurred, declare any Administrative
District, Divisional Secretary’s Division or Grama Niladhari
Division as the case may be, affected by such disaster or
calamity, as a "National Disaster Area".
Registration of Deaths (Temporary Provisions) 7
Act, No. 19 of 2010
10. (1) Where any person or persons— Who may apply
for the issue of a
Death Certificate
(a) who had been resident within an area in case of
declared to be a National Disaster Area persons missing
under section 9 ; or as a result of any
natural disaster
(b) who have been resident within any other or calamity, and
area, but was at the time of the occurrence procedure.
of such natural disaster or calamity, known
to have gone to or to have been within any
area declared to be a National Disaster Area
under section 9,
cannot be found subsequent to such natural disaster or
calamity and has for all intent and purposes disappeared as
a result of such disaster or calamity, a next of kin of such
person or persons or where no members of the family of such
person or persons have survived the natural disaster or
calamity, any person having knowledge of such person or
persons may, if he verily believes such person or persons to
be dead, apply to register the death of such person or persons,
in the manner hereinafter provided, under the Births and
Deaths Registration Act and to have issued to him a
Certificate of Death or certificates of Death in respect of the
death of such person or persons.
(2) Every such application shall be made to the Grama
Niladhari of the area within which such person, whose death
is sought to be registered, was habitually resident.
(3) Every such application shall be submitted in any form
whatsoever, containing wherever possible at least some of
the information set out in the Schedule hereto, which
information would as far as practicable be a description of
the person whose death is sought to be registered. Every
such application shall be accompanied by an Affidavit in
support of such facts. The Grama Niladhari shall as soon as
possible upon the receipt of such application, and after such
inquiry as he deems necessary, recommend the same and
forward it along with a report certifying to the best of his
knowledge the accuracy of the facts stated therein, to the
8 Registration of Deaths (Temporary Provisions)
Act, No. 19 of 2010
Divisional Secretary of the Division within which his
Division is situated. The Divisional Secretary shall endorse
every such application and forward the same to the Registrar-
General.
(4) Upon receipt of an application under subsection (2),
duly recommended and endorsed in terms of the provisions
of subsection (3), the Registrar-General shall 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 the person to
whom the application relates, a Certificate of Death.
(5) Upon receipt of an order under subsection (4)
directing him to enter the particulars relating to the relevant
death in the Register of Deaths maintained by him under the
Births and Deaths Registration Act, the Registrar shall
forthwith enter such particulars in such Register and sign
the Register in the appropriate place.
(6) There shall be attached to the duplicate of the relevant
registration entry, the written order of the Registrar-General
made under subsection (4) and such duplicate and order
shall together be sent, by the Registrar to the appropriate
District Registrar for transmission to the Registrar-General
for custody in his office.
(7) Where the application under subsection (1) is made
directly to the Registrar-General, the provisions of
subsection (2) to (6) shall, mutatis mutandis, apply as if the
reference in those sections to the District Registrar is a
reference to the Registrar-General.
Registration of 11. Where there is evidence to show that a national of
Deaths of another State had been in Sri Lanka and temporarily resident
foreign
within an area declared as a National Disaster Area in terms
nationals.
of section 9, and that it is apparent that such person has died
as a result of the natural disaster or calamity in question,
then any person having knowledge of these facts may apply
Registration of Deaths (Temporary Provisions) 9
Act, No. 19 of 2010
for the issue to him of a Certificate of Death in respect of
such person. Every such application shall be authenticated
by the representative of the country of which such person
was a citizen, present in Sri Lanka, and such application
shall be forwarded directly to the Registrar-General who
shall forthwith proceed to register such death and issue in
respect of such person a Certificate of Death.
PART III
MISCELLANEOUS PROVISIONS
12. The provisions of this part of this Act, shall Provisions of the
notwithstanding the provisions of section 108 of the Evidence
Ordinance not to
Evidence Ordinance as amended by the Evidence
apply.
(Amendment) Act, No. 10 of 1988, be applicable to the issue
of a Certificate of Death in respect of a person whose death is
attributable to any terrorist or subversive activity or civil
commotion or to any natural disaster or calamity where the
death in question had occurred within an area declared to be
a National Disaster Area in terms of section 9.
13. (1) Where a death has been registered pursuant to Procedure if
an application made under sections 2,8,10 or 11 of this Act, person
registered as
and where any person at any time thereafter becomes aware dead is found to
that the person whose death has been so registered is alive, be 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 forward a report to the Registrar-
General, within four weeks from 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
10 Registration of Deaths (Temporary Provisions)
Act, No. 19 of 2010
such direction, under section 52 of the Births and Deaths
Registration Act, as is appropriate in the circumstances of
the case.
(4) Any inquiry held by the Registrar-General under this
Act shall be concluded within one month of its
commencement and the Registrar-General may, for the
purpose of an inquiry under this Act, exercise all the powers
exercisable by him under the Births and Deaths Registration
Act, in relation to an inquiry held by him under that Act.
Avoidance of 14. For the avoidance of doubt it is hereby declared
doubt. that—
(a) if the operation of this Act has lapsed upon the
expiry of the period specified in subsection (1) of
section 1, and no Order for the extension of the
period of operation of this Act is made in terms of
subsection (2) of section 1; and
(b) if a person has been reported as dead and the
application for the issue of a Certificate of Death in
relation to such person has been made in terms of
the provisions of sections 2, 8, 10 and 11 of this Act
prior to the expiry of the period of operation of
this Act,
the Registrar-General may proceed to register the death of
such person and issue the Certificate of Death in respect of
such person, in terms of the provisions of Part I and Part II
respectively of this Act.
Offences. 15. Any person who—
(a) knowingly, makes a false statement in an application
made by him under this Act, or furnishes false
information under this Act; or
(b) being aware that a person whose death has been
registered in pursuance of an application made
under this Act, is alive, fails to furnish such
information to the Registrar-General; or
Registration of Deaths (Temporary Provisions) 11
Act, No. 19 of 2010
(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 exceeding five years.
16. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail.
17. In this Act, unless the context otherwise requires— Interpretation.
"appropriate District Registrar", "appropriate
Registrar" and "District" have the respective
meanings assigned to them by the Births and
Deaths Registration Act;
"Births and Deaths Registration Act" means the Births
and Deaths Registration Act (Chapter 110);
"District Registrar" means a District Registrar of Births
and Deaths appointed under the Births and
Deaths Registration Act;
"Registrar-General" means the Registrar-General of
Births and Deaths appointed under the Births
and Deaths Registration Act and includes an
Additional Registrar-General, a Deputy
Registrar-General or an Assistant Registrar-
General.
12 Registration of Deaths (Temporary Provisions)
Act, No. 19 of 2010
SCHEDULE (Sections 2, 8 and 10)
APPLICATION FOR REGISTRATION OFDEATH OFA MISSING PERSON
1. Full Name of missing person :
2. Sex and race ;
3. Age :
4. Date of Death (approximately) :
5. Address of last known residence:
6. Address of permanent residence :
7. Rank or profession :
8. Applicant’s full name and residence :
9. Applicant’s relationship to missing person :
I………………………………………………… of
……………………………………………………………. do hereby state that
the said…………………………………………………………. (name of the
person missing)……………………………………………………………….. has
been missing for a period of over one year, and I verily believe that
the said…………………………………………………….. is dead.
I therefore request that the death be registered under the Births
and Deaths Registration Act (Chapter 110) and a Certificate of Death
in respect of such death be issued to me.
………………………………….
Signature of Applicant
Date:……………………………….

Registration of Deaths (Temporary Provisions) 13
Act, No. 19 of 2010
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