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.
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| (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.
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| (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.
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| (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.
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| (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.
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| (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. |
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Sri Lanka Consolidated Acts