ACT, No. 05 OF 2011

5of2011.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
PROTECTION OF THE RIGHTS OF ELDERS
(AMENDMENT) ACT, No. 5 OF 2011
[Certified on 23rd February, 2011]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of February 25, 2011
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
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Protection of the Rights of Elders 1
(Amendment) Act, No. 5 of 2011
[Certified on 23rd of February, 2011]
L.D.—O. 23/2007.
ANACT TO AMEND THE PROTECTION OF THE RIGHTS OF ELDERS
ACT, NO. 9 OF 2000
BE it therefore enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows:—
1. This Act may be cited as the Protection of the Rights Short title.
of Elders (Amendment) Act, No. 5 of 2011 .
2. The Protection of the Rights of Elders Act, No. 9 of Insertion of
2000 (hereinafter referred to as the “principal enactment”) is Preamble to the
Protection of the
hereby amended by the insertion of the following Preamble Rights of Elders
immediately after the Long Title to such enactment:— Act, No. 9 of
2000.
“WHEREAS the Directive Principles of the State Policy
enshrined in the Constitution recognize the duty of
the State to assist in the full realization of the
fundamental rights and freedoms of all people; to
promote the welfare of the people by securing a social
order governed by justice; to recognize and assist in
the realization of adequate standards of living for the
people and to raise the moral and cultural standards of
the people and to thereby ensure the full development
of the human personality:
AND WHEREAS the state has recognized elders as a
group of persons who need to be cared for and
protected by the State, by treating them with dignity
and respect:
AND WHEREAS Sri Lanka has adopted and ratified
the United Nations Resolution No. 46/91 of December
16, 1991, which appreciates the contribution made by
elders to society and is mindful that the State must
provide the necessary infrastructure to assist elders
2 Protection of the Rights of Elders
(Amendment) Act, No. 5 of 2011
who are advancing in years to live a life which is
socially, economically, physically and spiritually
fulfilling :”.
Amendment of 3. Section 3 of the principal enactment is hereby
section 3 of the amended as follows:—
principal
enactment.
(1) by the repeal of paragraph (c) of subsection (1) of
that section and the substitution therefor of the
following paragraph:—
“(c) The Director, Department of Social Services;”
(2) in paragraph (b) of subsection (2) of that section by
the substitution for the words “be appointed as a
Vice Chairman of the Council.” of the words “be
appointed as a full time Vice Chairman of the
Council ”;
(3) by the insertion immediately after subsection (2) of
that section of the following new subsection:—
“(3) The Director, National Secretariat for Elders
shall be the Secretary to the Council.”.
Amendment of 4. Section 14 of the principal enactment is hereby
section 14 of the amended —
principal
enactment.
(1) by the insertion immediately after paragraph (g) of
that section of the following paragraphs:—
“(h) to issue an Elders’ Identity Card to every elder
in order to facilitate the receipt by elders of
the benefits and concessions available to
elders in both public and private sector
services;
(i) to establish an Elders Committees in every
Grama Niladhari Division, Divisional
Protection of the Rights of Elders 3
(Amendment) Act, No. 5 of 2011
Secretarial’s Divisions, Administrative
District and Provincial Council area;
(j) to appoint Conciliation Officers conversant
with the problems of elders to assist them in
settling such problems;
(k) to disseminate knowledge of gerontology and
geriatric medicine among persons involved
in providing care for elders; ”and
(2) by the re-lettering of paragraph (h) as paragraph (l).
5. Section 15 of the principal enactment is hereby Amendment of
amended by the repeal of subsection (3) of that section and section 15 of the
principal
the substitution therefor of the following:— enactment.
“(3) (a) No person shall on account of age, subject
any elder, to any liability, restriction or condition with
regard to access to or use of, any building or place or
institution whether such access is on the basis of
payment of any fee or otherwise and where no such
liability, restriction or condition is placed on any
other person.
(b) No person shall on account of age, deny any
elder, the use or enjoyment of any facility, benefit,
advantage or service, the provisions of which is on the
basis of payment of any fee or otherwise and where
such facility, benefit, advantage or service is used or
enjoyed by or extended to other persons.”.
6. Section 16 of the principal enactment is Replacement of
hereby repealed and the following section substituted section 16 of the
principal
therefor:—
enactment.
“Registration 16. (1) Every person or organization
with the whether voluntary or otherwise, engaged in the
Council.
establishment and maintenance of any
institution intended for providing residential
4 Protection of the Rights of Elders
(Amendment) Act, No. 5 of 2011
care for elders, shall if such institution has more
than five elders residing therein, register such
institution in accordance with the provisions
of this Act.
(2) Any person or organization who fails to
comply with the provisions of subsection (1)
shall be guilty of an offence under this Act.”.
Amendment of 7. Section 18 of the principal enactment is hereby
section 18 of the amended by the insertion immediately after subsection (2)
principal
enactment. thereof of the following new subsection:—
“(2A) The Council may require any person or
organization referred to in section 16 to furnish to the
Council any document or report which the Council
may determine as necessary.”.
Amendment of 8. Section 24 of the principal enactment is hereby
section 24 of the amended in subsection (1) thereof by the substitution for
principal
enactment. the words “There shall be appointed for the purpose of this
Act” of the words “The Judicial Service Commission shall
appoint persons of eminence and integrity who have
knowledge and experience in the field of law, management,
human rights, social service, medicine or counseling to be
members of”.
Insertion of new 9. The following new section is hereby inserted
section 24A of immediately after section 24 of the principal enactment and
the principal
enactment. shall have effect as section 24A of that enactment:—
“Conciliation 24A. (1) A Conciliation Officer appointed
Officers. by the Council shall mediate any maintenance
claim referred to him by the Board.
(2) Where a settlement cannot be reached in
respect of any claim referred to the Conciliation
Officer, he shall refer such matter to the Board.
Protection of the Rights of Elders 5
(Amendment) Act, No. 5 of 2011
(3) The Council shall determine the
qualifications and the criteria to be followed
in the selection of a Conciliation Officer.”.
10. Section 28 of the principal enactment is hereby Amendment of
amended as follows:— section 28 of the
principal
enactment.
(1) by the repeal of subsection (2) thereof and the
substitution of the following subsections:—
“(2) The Board may in awarding maintenance,
order the respondent to—
(a) deposit with such bank as may be
specified such minimum sum as the
Board may determine; or
(b) purchase an annuity with an insurer of
the value of such minimum sum.
(3) Where the respondent fails to comply with
the provisions of subsection (2), the Board may
request the employer of the respondent to deduct
from the salary, the sum due to be paid by the
respondent to the applicant and remit such sum to
the credit of the applicant.”.
(2) by the re-numbering of subsection (3) as
subsection (4).
11. 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.

6 Protection of the Rights of Elders
(Amendment) Act, No. 5 of 2011
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