Law and development

Sri Lanka’s pace of economic development is often criticised as too slow and sluggish when compared to countries like Singapore and Malaysia. This may be true when compared to per capita income and levels of human security.

Usually hypercritical Sri Lankan experts attribute Sri Lankan sluggishness to absence of visionary leadership in post independent Sri Lanka and the gradual deterioration of the Rule of Law in this country.

However, before we examine the inter disciplinary relationship between law and slow development in this country, we need to mention that in the index of human happiness indicators, Sri Lanka stands higher than many of the South East Asian developed countries.

Human life is more about happiness and Sri Lankans are considered to be happier than many of the countries which have higher levels of income.

The Law and Rule of law cannot be extricated from development. In the 1960’s US Agencies of International developments such as USAID and the Ford Foundation launched a movement for legal and judicial reforms in developing countries to emphasize the inter disciplinary nature of Rule of Law and Development.

This essential link is still supported by multi lateral financial institutions like the World Bank and more recently the Asian Development Bank with its model access to justice project in Pakistan and limited Tsunami legal recovery project in Sri Lanka.

Sri Lanka’s equitable but slow development of distributive economic social justice has been achieved by legislation and not by violent means. Paddy Lands Act, Land Reform Law on Ceiling on House Ownership in the 1960’s and 1970’s were instrumental in ensuring distributive economic justice which provided the back drop for individual entrepreneurial development in later years.

However, the conflict related decline in law and order in north eastern parts of the country has contributed to the gradual decline in law and order in the rest of the country.

Our historical legal system has come under tremendous pressure and unless fundamental legal and judicial reforms are effected without further delay, human security situation would collapse in this country throwing the new spurt of development projects out of focus.

It is difficult to restore rights based law and order in one part of the country when the other part does not come under the writ of our judicial systems. At present legislation passed by the Parliament only applies and judicial writs are enforced only in the areas of the country under government control.

The development indicators in the conflict ridden areas of our country have been minus for over two decades. Authoritarian decision making outside the concept of Rule of Law which permeates one part of the country should not be allowed to creep in to the rest of the country.

No effort should be spared to maintain the Rule of Law in all parts of the island.

[email protected]

Questions and answers

Pension benefits after marriage

Question: I hope to get married to a pensioner through a marriage proposal which appeared in the newspaper. Can I get his pension after his death?

B. Theresa
Matale.

Answer: No. You will not be entitled to receive his pension benefits. Under the Pension Minutes and Circulars if a person gets married while being a pensioner, then the wife is not entitled to his pension benefits.

*******************

Hospitals which come under Thimbirigasyaya Divisional Secretary

Question: What are the hospitals that come under the Thimbirigasyaya Divisional Secretariat to get a Birth/Death Certificate?

B. Ahamed
Thimbirigasyaya.

Answer: The hospitals that come under the Thimbirigasyaya Divisional Secretariat are:-

Kirulapone Division

01. Joseph Frazer (Private)
 

Hospital.

02. Castle Street Hospital

for Women

03. Asiri (Pvt) Hospital

04. Kirulapone Women’s Home

05. Apollo Hospital

Kollupitiya Division

01. Asha (Central) Hospital

02. Durdan’s Hospital

03. Army Hospital

04. St. Michael’s Hospital

Wellawatte Division

01. Delmon Hospital

02. Royal Hospital, Colombo 06

03. New Lanka Hospital, Colombo 04.

General Hospital Division, Colombo.

01. De Soysa Maternity Hospital

02. Lady Ridgeway Hospital

03. Prison’s Hospital, Colombo

04. Western Infirmary Hospital

05. General Hospital, Colombo.

Maradana Division

01. St. Mary’s Nursing Home.

*******************

What members should know about EPF Accounts

Question: What a member should do to ensure the smooth operation of his EPF account with the Central Bank of Sri Lanka.

G. Perera
Borella.

Answer: Please give your correct name (with the initials) to the employer (as given in the National Identity Card).

Please check whether the name given in your Membership Card (B Certificate) is correct.

Please check whether the Membership number, name and the balance stated in the Statement of Accounts sent to you annually by the Central Bank are correct.

When applying for benefits or for a housing loan or when submitting a G Form for joining accounts, please use the same name and the Identity Card number as they are given in it.

Please identify the forms necessary in your transactions with the Employees’ Provident Fund:-

a) Form containing your Bio-data

b) Your Membership Certificate.

c) Form used by the Employer to remit contributions to employees’ accounts.

d) Form for registering the employer in the fund

e) Form to be filled both by you and the employer notifying that you have left your job.

f) Form informing that an employee has left the establishment.

g) Form to be used when an old account is joined to a new account.

h) Form nominating an heir, to be used when joining the EPF in the first instance.

i) Form cancelling a nomination

j) Form to be filled when re-nominating another nominee.

k) Form to be filled when applying for benefits.

l) Form to be filled by heirs when claiming contributions of a deceased member.

m) Medical Report to be attached to K Form when applying for benefits on medical grounds.

n) Form to be filled when requesting that funds in another Provident Fund be added to the EPF.

o) Form for applying for permission to increase the rate of contribution to the fund.

p) Form for applying for a refund of an amount paid to the fund by mistake.

For necessary forms and instructions, please meet the Assistant Commissioner of Labour or the Labour Officer at the nearest Labour Office.

Or please inquire from the following address:- Deputy Commissioner of Labour, EPF, P.O. Box 1725, Colombo.

For benefit cheques, balances in accounts and housing loans, please inquire from:- Superintendent, Employees’ Provident Fund, Central Bank of Sri Lanka, P.O. Box 1299, Colombo.

*******************

Marriage Certificate required to be included in personal file

Question: Is it necessary to submit the Marriage Certificate to the Pension’s Department to be put in the Personal File in order to get the W & OP payments?

Jean Perera
Nawala

Answer: Yes. You have to submit the legal Marriage Certificate to the Pension’s Department to be put in the Personal File. If you are unable to do so, it is necessary to keep it in safe custody and to produce the same at the time when you claim for your W & OP payments.

*******************

W & OP Payment number

Question: My husband is a Government Servant and is pensionable. He is also contributing to the W & OP payments.

Is it necessary to remember the W & OP payment number?

W. J. Fernando
Galle.

Answer: Yes. It is advisable to note down the W & OP payment number and to remember the same. It is also your duty to examine your W & OP file. If you need to check or get the latest information regarding your W & OP payments, it is always better to quote your W & OP payment number to enable you to get a quick response. You can write to:-

The Information Secretary/Accountant

W & OP Payment Division

Pension’s Department

Maligawatte

Colombo 10.

*******************

Rape and sexual harassment of women

Question: There are so many rape cases and reports of sexual harassment of other forms of abuse happening in Sri Lanka. But most women fear of complaining to the police. Their fear is that they will get abused at the police station. Please let us know how to overcome this grave problem.

Charuka
Kesbewa

Answer:In the event of a police investigation or complaint you need not fear to go to the police station. As regards female victims of sexual abuse, steps have how been taken to establish women’s desks at very police station and female police officers have been deployed to handle such cases. They have under-gone special training programmes to handle female victims of sexual and other abuse.

If you need any further advice you can call over at our Head Office and meet the Legal Officer of the Women’s Protection Desk at No. 129, Hulftsdorp Street, High Court Complex, Colombo 12.

*******************

Power of the Commercial High Court

Question: Please explain -

. What is a commercial High Court?

. What are its functions?

. Enforcement of civil decrees of the Commercial High Court.

R. Suresh
Bangadeniya

AnswerThe Court that is popularly known as the Commercial High Court was established by the High Court of the Provinces (Special Provisions) Act No. 10 of 1996. It is an extension of the provisions governing High Courts of the Province under Article 154P of the Constitution as amended by the 13th Amendment.

At present such a court has only been established in Colombo in the Western Province, although there is provision to set up such courts in other provinces.

It hears claims of over Rs. 3 million in value arising out of commercial transactions, as well as applications under certain provisions of the Companies Act and the Intellectual Property Act. A list of such matters is set out in the Schedule to the said Act.

The procedure is similar to that in the District Courts, but a person aggrieved by a decision of this Court may appeal directly to the Supreme Court.

Enforcement of civil decrees

In the event that a plaintiff is successful, following judgment a decree will be entered in his favour. If the defendant does not voluntarily comply with the terms of the decree certain procedures are available to the plaintiff to execute the decree. These are set out in Chapter 22 of the Civil Procedure Code.

If the decree is for the payment of money, the judgment-creditor, as the successful party is now known, is entitled, through the Court Fiscal Officer, to seize and sell,or realize in money, any movable or immovable property belonging to the judgement-debtor up to the value of his decree, subject to certain exceptions that are set out in the Code.

These exceptions mainly relate to the personal effects of the judgement-debtor and his family as well as materials (up to a certain value) needed by the judgement-debtor for the carrying on of his business of profession. Also excluded up to a certain value, is the pay of public officers and public pensions.

If the decree is in respect of immovable property, the seizure is effected by the Fiscal affixing to the property a notice containing the particulars of the decree and prohibiting the judgement-debtor from transferring or charing the property in any way and prohibiting any other person from receiving the same from the judgement-debtor by way of purchase, gift or otherwise.

*******************

Obtaining of English translations of Birth/Death/Marriage Certificates

Question: Please let me known the procedure to obtain English translations of Birth/Death/Marriage Certificates in the English language. This is because when I apply for foreign studies they always ask me to give English translations of the said documents.

Rashmi Sisara
Piliyandala

Answer:The Registrar-General’s Department has the authority to do so. You can obtain an application form the Registrar-General’s Department named for translations copies of Marriage, Birth and Death Certificates”.

The said application form should be duly completed and the original certificates should be duly completed and the original certificates should be attached to it. The application form has three parts the relevant section you require should be completed.

You should follow the instructions given below:-

1. Separate applications should be made in respect of each kind of Certificates.

2. For one translated copy of a Birth, Death or Marriage Certificate - Rs. 100

3. Any number of copies can be applied on one application.

This application should be sent to the Registrar-General’s Department, No. 280, Main Street, Colombo 11 or andy District Registrar’s Office where there is Sworn Translator.

Please enclose a self addressed envelope with necessary stamps for normal post or registered post.

Three more LAC Centers to be opened in April

The Legal Aid Commission has made arrangements with the respective courts in Maravila, Warakapola and Dambulla to open Legal Aid Centers to provide free legal assistance to poor deserving litigants. With the opening of these three Centers the islandwide network of Legal Aid outlets would increased to thirty eight.

Each Legal Aid Center would be administered by an Attorney-at-Law who had been trained at the LAC Headquarters in all aspects of legal aid including administration and training programmes.

Legal Aid Centers which function with the cooperation of Local Bar Associations would not only provide free legal advice and free legal representations for poor clients through members of the Local Lawyers’ Association.

The LAC Office would also provide legal representation to victims of crime, domestic violence victims and would undertake anti-corruption, and elders’ protection programs.

Warakapola Center Coordinator, Attorney-at-Law, Yamuna Kumari, Marawila, Attorney-at-Law, Manjula Jayathilake and Dambulla Coordinator, Attorney-at-Law, Udayangani Munasinghe are presently undergoing training at the LAC Head Quarters in Colombo.

Legal maxims

01. The house of everyone is to him as his castle and fortress, as well for his defence against injury and violence, as for his repose. - Lord Edward Coke, Reports, Semaynes’ Case (Vol.III, pt.V,p.185) also Broom’s Legal Maxims (Max.50)

02. A public law or right cannot be altered by the agreements of private persons. - Legal Maxim.

03. Guilt makes equal those whom it stains. - Legal Maxim.

04. He who comes into court of equity must come with clean hands. - Legal Maxim.

05. He who is first in time has the prior right. - Legal Maxim.

06. He who stands on his own rights injures no one. - Legal Maxim.