Knowing more about Architecture

Architects design buildings that are suitable for the needs of people-function, safety, economy and appearance, and suitable for the purpose and place where it is built. They are involved in all aspects of building production-from initial discussions with the client to final completion.

Based on the initial discussions with the client, the architect prepares a report specifying the requirements the design must meet. Then he prepares plans to execute them.

Other than architectural design they have to co-ordinate with other specialists, obtain bids for client, select contractors, negotiate and supervise construction. They may also select sites, prepare cost and land-use studies and do long-range planning for development.

Working Conditions

Mostly in offices which are usually well-kept. But they also spend a considerable amount of time working at sites, reviewing progress, supervising construction etc. Working hard to meet deadlines, long weekends and late nights are fairly common.

Training and other Qualifications

Contrary to what many believe, prospective architects do not need a high level of artistic or drawing ability. Drawing skills which however are necessary can be taught to most people. But they do need the ability to visualize spaces and spatial relationships and the knack for solving problems. They must be prepared to work in a competitive environment where leadership and team mentality are important.

A course of study leading to a professional degree is available at the University of Moratuwa. In the first three years students are taught the basic skills of the trade drawing skill, courses in structures, materials, environmental sciences etc. two more years of study at graduate level which usually follows a year of exposure to the architectural practice (students work under qualified architects), prepares them for wider issue related fields-architectural theory, professional practice, law etc.

A similar training leading to a professional diploma is available at the Sri Lanka Institute of Architects’ School of Architecture.

The degree programme, the admission to which is handled by the Universities Grants Commission, is open to anyone who is successful at an aptitude test conducted by the University of Moratuwa. The basic requirement to sit for this examination is Four passes in one sitting at the GCE (A/L) examination.

It is required by law, that persons aspiring to be architects to register with the Sri Lanka Institute of Architects. Registration is usually granted to those who successfully complete the professional examinations conduct himself as a learned professional is vigorously tested.

Registration for those whose qualifications are not sufficient for an associate-ship of the Institute is also available. Persons having long-standing familiarity with the trade, (those working in architectural office) or those with insufficient academic qualifications are eligible for this category which allows them limited movement within the profession.

Raw graduates usually begin in architectural firms.

They prepare drawings, administer contracts, conduct research on codes and materials or write specifications for building materials, finishes and so on. Some of them may eventually specialize in urban planning, construction management, quantity surveying or even civil engineering.

O.P.A. on Official Languages Act

A delegation of members from the Organisation of Professional Associations met the Minister of Constitutional Affairs and National Integration and urged him on the need for the early implementation of the Official Languages Act. President Dr. Hilary Cooray stated that the OPA is pleased that the Minister is fully committed to this policy and has taken steps to encourage a bilingual public service.

The collective political will and also the co-operation of the bureaucrats is absolutely necessary to bring about the implementation of the dual language policy which could resolve 50 percent of the National problem.

The recent incentive scheme introduced to the public service is a step in the right direction. Dr. Cooray stated that he would urge all professionals in responsible position who are members of Member Associations to take meaningful steps in the implementation of the dual langauge policy.

We should encourage and provide opportunities for the employees to learn Sinhala and Tamil and also English, - the stipulated link-language. The language policy should start from the School level up, he said.

The Chairman of the Official Languages Commission (OLC) has appropriately stated - “Neither national integration nor durable communal amity could be achieved without giving effect to the constitutional provisions on language”.

He has also stated “..there is an enormous gap between constitutional provisions and their application”.

The OPA is firmly of the view that effective implementation of laws and provisions of the Constitution, are fundamental to Good Governance,-as also the need to ensure continuity of policy.

While the 15 year plan drawn up by the OLC, is commendable, urgent measures are also required in the short term to ensure compliance with the law e.g. to ensure that all government signboards in Colombo are in at least two languages. (60% of the people in Colombo are reportedly Tamil speaking) The OPA has also offered to participate in monitoring implementation of the Official Languages Law.

The OPA is particularly encouraged that it has been given an opportunity to participate in developing the Sinhala and Tamil Language training courses via the audio and visual media.

This is being developed by World View International (Pvt) Ltd who have entered into a memorandum of understanding with the Ministry of Constitutional Affairs and National Integration. Raja Korale is the OPA representative in the Steering Committee states, Dr. Hilary W.M. Cooray President, Organisation of Professional Associations of Sri Lanka in a press release.

Questions and answers

Clarification on excepted premises and ejectment of tenant

Question: (i) I should be much grateful to you if you would kindly clarify the following legal issue. Commercial premises put up in late 1960s in a Town Council area. The Local Authority has annual values only from 1975 which is over Rs. 1,000. The annual values prior to 1975 not available even in the Valuation Department. Is the premises concerned an excepted premises?

(ii) If the tenant is in arrears of rent for over three months is he liable for ejectment?

F. Sameem ( [email protected] )

Answer: (i) Where the annual value thereof as business premises is made for the first time after the 1st day of January 1968 and the annual value as specified in such first assessment exceed Rs. 1,000 the said premises will be excepted premises. If, as you state, the first assessment was made in 1975 and it exceeded Rs. 1,000, the premises will be excepted premises.

(ii) (a) Not if the landlord has not given the tenant three month’s notice of the termination of tenancy if it is on the first occasion on which the rend has been in arrears, two months notice of termination of tenancy if it is the second occasion on which the rent has been in arrear, and one month’s notice of termination if it is on the third or any subsequent occasion on which the rent has been in arrear, (b) Not if the tenant has prior to the institution of such action or proceedings tendered to the landlord all arrears of rent,

(b) Not if the tenant has prior to the institution of such action or proceedings tendered to the landlord all arrears of rent,

(c) Not if the tenant has, on or before the date fixed, in such summons served on him, as the date on which he shall appear in Court in respect of such action or proceedings, tendered to the landlord all arrears of rent, and

(d) Not if the Court is satisfied that the rent has been in arrears on account of the tenant’s illness or unemployment or other sufficient cause and the tenant pays to the Court the arrears of rent on the date or dates granted by Court.

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Purchase of vegetable plants

Question: (i) For a home garden in Colombo, from where can I get vegetable plants easily and also advice on proper fertilizer to be used?

(ii) One person has written a false deed for a property belonging to me. He has managed to convince the tenant and has been receiving the rent for more than 5 years. We sought Court action and the court ruled that I am the correct owner of the property. However the other party appealed and the appeal has not been heard for 5 years. In the meantime he continues to collect the rent. How can the appeal be expedited? In the meantime is there any redress that I can get?

P. L. Wijeratne, Thimbirigasyaya Road, Colombo.

Answer: (i) You cannot buy vegetable plants but seeds can be bought from the Agricultural Department Sales Room at Colombo 7 (opp. Public Library) Tel. 2696547).

(ii) You can petition the Court of Appeal and seek ‘acceleration’ of the appeal, adducing reasons to justify your request. You have neither stated the nature of the property nor whether the property was rented to this tenant initially by you on the basis of your title, or by the other person on the basis of his false deed. Redress if any, will depend on such factors.

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Presidential honours

Question: I feel honoured to have been the first person to raise a query and get a reply from the OPA in the newly created OPA page in the Daily News. In fact, this is the first reply to my query raised through the months in various daily newspapers including the Daily News. No lawyer ever dared to reply.

From your reply is it correct to understand that the professionals other than lawyers are happy with the status quo?

Don’t your members deserve recognition through the Constitution? At present only the Presidential Honours List recognition is available. The Presidential Honours List is not a constitutional function of the President of the Republic.

J. K. Wijedasa

Answer: Your perseverance merits the ‘honour’ you feel. The reply was, in fact, provided by a lawyer. You may therefore revise your opinion that ‘No lawyer ever dares to reply’. All professionals, including lawyers, endeavour to maintain the highest ethical standards and are happy with the reward of having served the society they live in, to the best of their ability in accordance with the high standards expected of them, without fear or favour. Lack of ‘recognition’ is no barrier to wholehearted service.

We do not envy the recognition others may get; even through it would appear to be discriminatory.

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Delays in judicial process

Question: Matrimonial litigation relating to divorce, should receive your urgent attention. Provisions in the Civil Procedure Code for alimony Pendente Lite and Provisions in the Maintenance Act No. 37 of 1999 for maintenance and speedy recover, have created not only duplication but also a tendency for a inordinate delay in respect such litigation relating to divorce.

Our statute law on the subject of maintenance is based upon the English Law. In the UK, when a separate application is filed for maintenance, in circumstances where divorce action is pending, Court would on a priority basis, finalise the respect of all their claims.

This is done basically to avoid any possible injustice. Finalisation of the divorce case on this basis, however, does not take place in Sri Lanka, when there is a claim for maintenance separately.

The divorce case gets delayed, sometimes for years and years. Such inordinate delays in this type of litigation, very often adversely affect the parties. Such delays often violate the human rights of the parties.

Besides, such delays sometimes, create a tendency for the promotion of criminality. Hence such delays should be avoided.

(i) all divorce cases that had been pending for a period of more than 7 years, on a priority basis, within at least 6 months.

(ii) any divorce case, where one spouse has obtained a Court Order for Maintenance under Act No. 37 of 1999, on a priority basis, within at least a period of 6 months.

R. Wickramasekera, Padukka, Meegoda.

Answer: The Maintenance Act 37 of 1999 was “An Act to provide for the Maintenance of Children, Adult Offspring, Disabled Offspring and Spouses unable to maintain themselves, to ensure Compliance of the Law Relating to Maintenance with the provisions of the United Nations Convention on the Rights of the Child, and for matters connected therewith or incidental thereto.

It is apparent that this has “created not only duplication but also a tendency for an inordinate delay in respect of such litigation relating to divorce”. Yes. Such delays inevitably adversely affect the parties and tend to drastically reduce the possibility of any reconciliation.

The mandatory three month period, before a decree nisi is made absolute, is a time for reflection and reconciliation, wherever possible. It would appear that an application for divorce should be finalised in less than one year, to reduce the resulting acrimony and irrevocable harm caused, not only to the husband and wife, but also to their children.

The regular ‘adversarial approach’ adopted by our courts does not seem to be appropriate for settlement of matrimonial disputes. This whole question is receiving the attention of the OPA, prior to making recommendations for change.

Any input from you, or other members of the public, is welcome.

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Dual citizenship

Question: I am writing on behalf of a very close friend of mine. He is an Indian married to a Sri Lankan lady for 12 years. He has on my advice deposited money in the NRFC and Fixed Deposit in our local Bank in his wife’s name. He intends to purchase land and property in his name. Can he do so? How can he apply for Dual Citizenship?

M. A. Cader, JP, Colombo.

Answer: (i) The Department of Immigration handles applications for Dual Citizenship. You may meet the Asst. Controller in charge of the Citizenship section who will advice you.

(ii) Once he obtain the Dual Citizenship he can purchase land and property if not he could still do it by paying 100 per cent tax applicable to non-citizens.

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Lapse on part of the bank

Question: Even though the Court directed the National Savings Bank to deposit money due from a Testamentary case in fixed deposits, the bank has deposited funds in savings accounts, thus depriving a higher interest rate. Is not the bank responsible for this lapse?

U. N. Nanayakkara, Gampaha (WP).

Answer: A Financial Ombudsman has been appointed by the Government to deal in matters of this nature. You may write to the Financial Ombudsman at the following address giving all details.

Mr. Walter Ladduwahetty, Financial Ombudsman, 141/2, Vajira Road, Colombo 5.

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Water resources

Question: Owing to the undermentioned reasons and especially owing to the slow dwindling of resources owing to changes in climate etc. The country is faced with the possible future problem of meeting the full requirements of good water at minimum costs. Is there a government plan to overcome this situation? If so where could I get a copy of it? Or else, what has the OPA got to suggest?

The following are the reasons whereby the country’s demand for good water is increasing regularly.

(a) Growth in population

(b) The ever increasing per capita requirement

(c) Wastage in consumption and distribution in all sectors; domestic, industrial and agricultural

(d) Bad management of storage reservoirs.

Chandra Mettananda

Answer: Unfortunately, there does not appear to be a national plan on water due to frequent change of Governments and the policies.

The National Water Resources Board has a planning division which appear to be working on short to mid-term plan rather than on long-term plans. The increasing demand and the sources to meet same will be by purifying river water. As to the bad management of storage reservoir, it is a matter of opinion as the persons responsible do not accept it as bad management.