|| Features

dailynews
ONLINE

Introduction-
Public Petitions Unit

In 1995, in order to give effect to the national policy at the relevant time, a Public Petitions Unit was established in the Attorney Generals Department. The main function of this unit was to look into complaints made by members of the public who had grievances against Public State Authorities. This unit receives over 1,000 petitions from members of the public and has effectively granted redress in appropriate cases.

Legal Aid centres

In most cases, this unit calls for a report from the relevant Public Authority pertaining to the said complaint and having considered the report, advises the Public Authority in appropriate cases, to grant redress to the complainant. In recent times though there has been several petitions received from persons remanded or detained in Prison, most of them are remanded by Court and others, who have been granted bail, but cannot afford to furnish the cash bond.

In such cases, through our prosecuting counsels, we ensue that the trial or inquiry is expedited or refer them to the Legal Aid Commission to make representations on their behalf to Court.

In instances where persons have been committed to stand trial in the High Court, this unit ensures that the indictments against them are speedily dispatched to the relevant High Courts.

It is pertinent to note whenever there is a complaint of torture received from a member of the public, this unit facilitates the conducting of investigation into such complaints.

More often than not, petitions are received from members of the public who are sadly unaware of their access to right and entitlements as citizens of this country, in such instances they are advised or referred to the relevant authority to obtain redress.

A.G.'s Department

---------------------------

Questions and Answers

How will properties be divided among children of both marriages after death or divorce?

Question

I was married to a divorced man. He has three children from his previous marriage. I have one child by him. (In his second marriage) I want to know how his property will be divided after his death?

W. Indrani - Wattala

Answer

According to the General Inheritance Law, if your husband has died without writing a last will, the property will be divided as follows.

Half of the property will go to the wife of the second marriage.

Half of the property will go to children of the first and second marriages in the same proportions. However if he has written a last will, the property will be divided according to the last will.

Is there any importance in asking a receipt after purchasing goods/service?

Question

What is the importance of having a receipt after purchasing goods or service?

Naduni Nisansala - Dompe

Answer

If the consumer is purchasing goods or services he or she (Consumer) should obtain a receipt for such purchases. Having a receipt is important in case there is a complaint to be made in respect of the goods purchased and in the absence of a receipt there is no proof and you cannot make a complaint against the seller.

The Consumer Affairs Authority Act No. 09 of 2003 has recognised certain rights and duties of the Consumer. According to the Act every consumer has to be aware to get the right information about certain goods or service. The consumer has to be aware of qualitative standards of the goods and service. Further every consumer has a right to seek the remedy of law when he/she faces certain injustices after purchasing goods or obtaining services. The receipt is the best evidence of proof in that regard.

Under the Consumer Protection Act No. 09 of 2003 regarding purchases of goods or obtaining services, if the consumer has any complains, it can be referred to the Consumer Protection Authority situated at the CWE Secretariat. 1st and 2nd Floors, 21, Vauxhall Street, Colombo 2. (Tel. Nos. 2393496, 2399149, 2399147). Therefore obtaining a receipt for every service or purchases is of vital importance to the customer.

I was refused an extension of service. What shall I do?

Question

I was recruited as a Research Assistant. However four years ago I was transferred to the Administration Section of the same Institute and I am doing non research work. I will be reaching 57 years at the end of next month. There are no disciplinary inquiries against me and they have granted all my increments. Now they refuse to extend my service beyond 57 years.

Are there any grounds for me to get any legal help on this matter? To which legal instrument should I refer the matter to? Will I be able to stay in my quarters if I decide to resort to legal action against the Institute?

Duminda Rajah - Ragama

Answer

In your letter you have not mentioned that you are employed in the Government Sector or Private Sector. If you are attached to the Private Sector, you have to go through your terms and conditions of the contract of employment.

Your job depends on your appointment letter and other Contracts which you have entered with your employer. If you are entitled for extension after 57 years according to the service contract, your employer has to comply with that condition. Otherwise you can file action in the Labour Tribunal and get relief.

If you are employed in the Government Sector, according to the Establishment Code you can get extensions up to 60 years. However, six months prior to completing 55 years, you have to apply for the first extension.

Thereafter, before three months on reaching the next date of birth, you have to apply for further extensions each year. Accordingly, you can get five years of extensions from the Government Service.

In any event the Ministry of such a Department has the right to grant extensions up to 57 years. Thereafter you have to get further extensions by Cabinet approval. If the Cabinet decides to extend your services, you are entitled to get the extension. If the Cabinet refuses to grant the extension, you can't get extension as a right.

After the death of a spouse, can the other party remarry and inherit the wealth of the deceased?

Question

If legal husband or wife dies, can he/she remarry? Is he/she entitled to the deceased's pension, wealth, etc?.

A. Citizen - Colombo

Answer

If one spouse dies then automatically the marriage is dissolved. He or she can remarry if they wish to. According to the Inheritance Law if one spouse dies the other party is entitled to the deceased person's pension as well as wealth. They can get their rights under the Marriage and Inheritance Ordinance. If any person is entitled to get any property by the personal law, it will be governed by the said personal law.

I made an application to get a telephone line but I was not treated as per the list. What can I do?

Question

I made an application to the Department of Telecommunications in 2001 to obtain a telephone connection. I have also been issued with a Registration Number (Ref. No.Ky/2001/0144IN) (I have also received a letter of acknowledgement) My repeated requests and frequent visits to the Department have gone unheeded up to now.

But I have still not got my telephone connection as yet. Most of my neighbours who had got themselves registered in 2004/2005 have got their telephone connections except me. It is a gross injustice done to me by Telecom Department. The Department should have given the telephone lines on priority basis. Can legal action be sought in this matter?

K. G. Kulatunga - Wattegama

Answer

Your complaint is that you have been registered with the Department of Telecommunications to get a telephone connection and an acknowledgement has also been obtained by you. According to your complaint your neighbour has got a telephone connection from the Telecommunications Department before you and they have deliberately neglected to perform their duties within one calendar month from the date of supply given to your neighbour.

Therefore you have every right to file a Fundamental Right Application under Article 12(1) of the Constitution of Sri Lanka. However, after the expiry of one calendar month you cannot file any Fundamental Rights application before the Supreme Court since it is time barred. In any event you can file a Writ of Mandamus Application before the Court of Appeal within the reasonable time.

Problem with Gratuity payment

Question

I wish to draw your attention to the gratuity payment as I was deprived of this benefit when I worked in Dubai with a Company named "Group Four Securities" from July 16, 2001 to November 24, 2005.

I returned to the Island on the 10th of January 2006. By reading the Legal Aid section of your newspaper I was urged to write to you with confidence to find a solution.

A. Citizen - Colombo 03

Answer

According to your letter you have not been paid your gratuity by your employer in Dubai during the period of your employment with them. You can make a complaint to the Foreign Employment Bureau giving the period of employment and the salary drawn by you. Then they will help you to get your Gratuity payment.

My wife always suspects and blames me. As such I am in a very depressed state of mind. Is there any legal remedy available to me?

Question

I am doing a respectable job in the Government Sector earning a good salary. I am married and have one child. Due to the nature of my job, I am unable to live with my wife always. But I love her and always try to fulfil her needs whenever I can. I attend to all the needs of my child. But my wife always suspects me and blames me.

Sometimes she comes to my work place and scolds me. It's not good for me. I tried to explain to her the real situation but she never understands me. I am thoroughly fed up of everything. Sometimes she discusses her problems with the neighbours and relations. I am very embarrassed due to her nature. I don't need a divorce or separation from her. I realize it's not good for my child. Is there any other remedy in law to overcome this situation?

Gunatilaka - Ratnapura

Answer

According to your letter it is clear that both of you need some guidance or counselling about family life. Sometimes the problem may be small. But both parties need to find it out. It is good to continue family life without seeking a divorce or separation.

Family is the most important unit. We at the Legal Aid Commission are always ready to help you. If you need any counselling or guidance, both parties can come to us. Otherwise you can request by a letter indicating your problems to one of our Legal Aid Centers. Then they will guide you in what ever situation.

You have another remedy. Under the Domestic Violence Act No 34 of 2005 you can ask for a protection order against your wife. Under this new law you can be prevented from physical and emotional abuses from your wife.

Under the Domestic violence Act No 34 of 2005 any person in a similar situation can seek for a remedy. Every human being has a certain amount of dignity. So we have to respect others. Law has introduced equal protection to all of us. According to this new Domestic Violence Act No 34 of 2005 you can be prevented from such kind of abuse.

---------------------------

Request to Readers

All questions sent to the Daily News Legal Aid Page should be short and clear to the point and should include the reader's name, address and telephone number.

---------------------------