Tsunami Special Provisions Act comes into operation

PART I of the Tsunami (Special Provisions) Act, No. 16 of 2005 makes special provision with regard to the issue of death certificates in respect of persons missing following the tsunami. The Act comes into operation from June 13, the Justice and Judicial Reforms Ministry said in a release.

In terms of Evidence Ordinance, when it is proved that a man has not been heard of for one year by those who would have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.

The Tsunami Act reduces the one year period to six months in respect of tsunami victims and provides for a special procedure to obtain a death certificate.

The Act states that in the case of a person who had been resident in a district affected by the tsunami; or is known to have been in such a district; or is known to have been travelling through such a district, and such a person cannot be found; and has not been heard of for six months by those who would have naturally heard of him had he been alive; and whose disappearance is attributable to the tsunami, the burden of proving that such a person is alive is on the person who affirms it.

The Act also makes special provision for the issue of certificates of death in respect of tsunami victims who are missing, while also providing for adequate punishment for those who may seek to abuse the process to obtain such certificates fraudulently.

The procedure to obtain a death certificate:

An application for the issue of a death certificate must be made to the Grama Niladhari of the area, by the next-of-kin or where there is no next-of-kin living, by any other person who has knowledge of death;

The application must be made after June 26, 2005 (i.e. after six months from December 26, 2004) and must be made in the form set out in the second schedule;

The Grama Niladhari is required to display the application in his office and call for objections, if any, to the issue of the death certificates, to be made within two weeks; makes such inquiries as he considers necessary; and obtain a report from the OIC of the police station of the area; and after the two week period for filing of objections, authenticate the application and forward it to the relevant Divisional Secretary, with his report on the accuracy of the facts stated in the application.

The Divisional Secretary is required to endorse the application and forward same to the Registrar General.

The Registrar General is required, upon being satisfied upon the documents presented, to make Order for the registration of the death and the issue of the certificate of death.

Where a person is later found to be alive, a person who becomes aware that a person whose death has been registered is alive, is required to furnish the information to the Registrar General; and the Registrar General, if satisfied after inquiry that the person is in fact alive, is empowered to direct that records be rectified.