Registration Of Deaths (Temporary Provisions)

Link to law: http://www.lawnet.lk/process.php?st=2005Y0V0C17A&hword=%27%27&path=2
Published: 2005

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Registration Of Deaths (Temporary Provisions)
Registration Of Deaths (Temporary Provisions)




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 death is directly attributable to any natural disaster or calamity which has serious consequences at the national level ; and for matters connected therewith or incidental thereto.






Preamble.
WHEREAS several persons have died or have been reported missing in the course of the civil disturbances that have taken place due to terrorist or subversive activities or civil commotion in Sri Lanka :





And Whereas several people have died due to being exposed to natural disasters or calamities of national proportions and where the number of persons dead has reached alarming proportions :



And Whereas there are certain practical difficulties impeding the registration of such deaths in both situations enumerated above under the provisions of the Births and Deaths Registration Act (Chapter 110) :



And Whereas it has now become necessary to make temporary provision enabling the registration of such deaths :



Now Therefore be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : -



[13th June

, 2005 ]













Short title and duration and extension of the Act.



1.









(1) This Act may be cited as the Registration of Deaths (Temporary Provisions) Act, No. 17 of 2005. The provisions of this Act shall be in operation for a period of three years from the date of its commencement.



(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 ; Provided however, that any such extension, shall not in any one instance, be for more than a period of two years.





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



Who may apply for the issue of a death certificate in case of persons missing due to terrorist activity & c,. and procedure.





2.







(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 been taking

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 Births and Deaths Registration Act (Chapter

110) 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 residing.



Additional material to be supplied.



3. 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.



Display of application.





4. Upon receipt of an application under this Act, the

Registrar-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.




Objections to registration.





5. Any person may within one month of the date on

which a copy of an application under this Act is first 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 objections shall be

supported by an affidavit of the objector and of any other

person, setting out clearly the grounds for their objections.




Registration of death.





6.






(1) On the expiry of the period of one month allowed

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 and shall forward to the Registrar-General a

Report under his hand setting out such of the particulars of

the death as is required to be registered, under the Births and

Deaths Registration Act (Chapter 110) as he has been able to

ascertain after 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

under the Births and Deaths Registration Act (Chapter 110),

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 relating to the

relevant death in the Register of Deaths maintained by him,

under the Births and Deaths Registration Act (Chapter 110)

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 be sent together by the Registrar to the appropriate District Registrar for transmission to the Registrar-General for custody in his office.



Appeal against refusal to issue certificate or issue of certificate.





7. An applicant who is dissatisfied with the decision of

the District Registrar refusing to issue a certificate to him

under section 6, or a person who has objected under section

5 to the issue of a certificate 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.




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





8.







(1) Where a Commission appointed under the

Commissions of Inquiry Act (Chapter 393) or a Special

Presidential Commission of Inquiry established under the

Special Presidential Commissions Law, No. 7 of 1978 finds

that a person has disappeared or is missing, the next of kin of

that person may, apply to the Registrar-General or to the

District Registrar of Births and Deaths of the district in which

that person was last residing or had his permanent residence,

substantially in the Form set out in the Schedule to this Act,

to register the death of that person under the Births and Deaths

Registration Act (Chapter 110) and to have issued to him, a

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 (Chapter 110) 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 (Chapter 110), 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 Births

and Deaths Registration Act (Chapter 110), 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 for 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 sections 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-General to declare "National Disaster Areas".



9. Where there has been within Sri Lanka a natural disaster or calamity which has caused either to the whole of Sri Lanka or to certain areas thereof, destruction to persons and property, which has had far reaching effects at the national level, and where the number of persons dead as a result of such disaster or calamity has reached alarming proportions thereby making the application of the provisions of the Births and Deaths Registration Act (Chapter 110) to the registration of the deaths of such persons impractical, the Registrar-General may, upon verification of the fact that a natural disaster or calamity has occurred, declare any Administrative District, Divisional Secretaries Division or Grama Niladhari Division as the case may be affected by such disaster or calamity, as a "National Disaster Area".





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



10.







(1) Where any person or persons -







(a) who had been resident within an area declared to be

a National Disaster Area under section 9 ; or



(b) who have been resident within any other area but

was at the time of the occurrence 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 intents and purposes disappeared due to the effects of the disaster or calamity, a next of kin of such person or persons or where no members of the family 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 in the manner hereinafter provided, to register the death of such person or persons, under the Births and Deaths Registration Act (Chapter 110) and to have issued to him, a Certificate 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 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 (Chapter 110), the particulars

specified in such application and issue in respect of such

person, 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 (Chapter 110), 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 be sent together 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 subsections (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 deaths of foreign nationals.





11. Where there is evidence to show that a national of another State had been in Sri Lanka and temporarily resident within an area declared as a National Disaster Area in terms 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 for a Certificate of Death in respect of such person to be issued to him. Every such application shall be authenticated by the representative of the country of which such person was a citizen, present in Sri Lanka, and forward such application direct to the Registrar-General who shall proceed forthwith to register such death and issue in respect of such person a Certificate of Death.



Provisions of the Evidence Ordinance not to apply.



12. The provisions of this Part of this Act, shall notwithstanding the provisions of section 108 of the Evidence Ordinance as amended by the Evidence (Amendment) Act, No- 10 of 1988, be applicable to the issue of death certificates in respect of persons whose death is attributable to any natural disaster or calamity and the death in question had occurred within an area declared to be a National Disaster Area in terms of section 9.



PART III
MISCELLANEOUS PROVISIONS



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



13.









(1) Where any death has been registered pursuant to

an application made under section 2 or section 10 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, (Chapter 110), 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

purposes of an inquiry under this Act, exercise all the powers

exercisable by him under the Births and Deaths Registration

Act (Chapter 110), in relation to an inquiry held by him

under that Act.



Offences.





14. Any person who -







(a) knowingly, make 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



(c) dishonestly or fraudulently uses a Certificate of

Death issued under the Births and Deaths

Registration Act (Chapter 110) 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.



Sinhala text to prevail in case of inconsistency.



15. In the event of any inconsistency between the Sinhala and Tamil text of this Act, the Sinhala text shall prevail.



Interpretation.







16. In this Act, unless the context otherwise requires-





"Appropriate District Registrar", "Appropriate Registrar' and "District" have the respective meanings assigned to them by 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 (Chapter 110) ;



"Registrar-General" means the Registrar-General of Births

and Deaths appointed under the Births and Deaths Registration Act (Chapter 110) and

includes an Additional Registrar-General, a Deputy Registrar-General or an Assistant Registrar-General.
Schedules