Introduction - Service Act of Grama Niladharies soon

The Minister of Public Administration and Home Affairs Deshamanya Karu Jayasuriya has initiated steps to fulfill a long felt need to provide a service act to empower and regulate the services of Grama Niladharies islandwide.

The Legal Aid Commission would support the efforts of the Ministry in terms of provisions in Section 4 (m) of Legal Aid Law No. 27 of 1978.

In the process of Gama Neguma or village development, the most important grass root government officials are the Grama Niladharies (GNs).

There are over 14,000 Grama Niladhari Divisions in the island and the Government is currently in the process of filling the vacancies and increasing the GN Divisions by recruiting 2000 more Grama Niladharies.

The evolution of the office of the Grama Niladhari has a unique historical tradition in Agricultural Sri Lanka. Village leaders in ancient Sri Lanka were referred to as Parumuka or Mahaparumuka and they were elected officials.

The tradition of village based administration continued through the colonial times and during the British times, the office later came to be known as Village Arachchi or Headman.

In 1962, the village headman system was abolished and the ‘Grama Sevaka’ system was introduced by a Cabinet Paper and later retitled as Grama Niladharies (GNs).

They were appointed to a Division comprising of one or two villages. The GN cadre was increased in 1987 from 4451 to 6858 and again in 1988, 4532 cultivation officers were absorbed into the GN service by another Cabinet Paper.

In 1985 another Cabinet decision, absorbed a further 3345 Agricultural Extension Officers to the Grama Niladhari Cadre. In 1989, on paper there were some 14750 Grama Niladhari Divisions in the island but the actual number of GNs were less due to vacancies.

The current attempt by the Ministry to fill all the vacancies and create an effective village level multi purpose government service is to bring impetus to the planned village development programme. The Grama Niladharies are attached to the 329 Division Administrative Officers.

In 1994 by an important Cabinet decision the Grama Niladharies service was attached to the Central Government like the District Administrative Service. The legal responsibility for appointments, promotions, disciplinary inquiries, retirement and dismissal were entrusted to the Secretary, Minister of Home Affairs.

Hence, it is evident that the most important service directly dealing with the public at the village level lacks a statutory foundation which inhibits their professional development or political neutrality in some instances.

The Legal Aid Commission since the Tsunami had been training Grama Niladharies in Tsunami affected areas in three day training programmes on new legislation relevant to their official work and more importantly their statutory responsibilities under the Mediation Acts 72 of 1988 and 21 of 2003.

These training programmes supported by the Asia Foundation were carried out by trained professionals with a legal background in Sinhala and Tamil. Up to date, 4821 GNs have undergone this training programme. The response had been extremely positive and the evaluation of the progress carried out by the relevant District and Divisional Secretaries has affirmed the effectiveness of the said programme.

A recurring question that arose during this island wide GN training programme was the need for a GN Service Act and a Training Institution. It is in this context that the Legal Aid Commission and Alternative Disputes Resolution Institute which are jointly executing the training programme welcome and support the decision of the Ministry to take steps to enact a Grama Niladhari Services Act.

S.S. Wijeratne

Questions and Answers

Which documents are to be produced to Registrar of Deaths to issue Death Certificate Question: Could you please let me know through the Daily News Legal Aid Page, the answer to the following:

(1) The official address and official telephone number of the Registrar of Deaths for the above referred area (Pelawatte, Thalangama South).

(2) What are the documents that have to be produced to the Registrar of Deaths to issue a Death Certificate?

(a) If the death occurred at home.

(b) If the death occurred at a government hospital or a private hospital.

(3) Who are responsible for issuing the documents required to enable the Registrar of Deaths to issue a Death Certificate in the above 2 (a) + (b).

William de Silva,

Pelawatte,

Thalangama South.

Answer: (1) and (2) If the death has occurred at home, you have to inform the Grama Niladhari of the Pelawatte, Thalangama South. Then he will issue the Death Report. Thereafter you have to submit this Report to the Registrar of Deaths, at No. 12, Polduwa Road, Battaramulla.

If the death has occurred in a private/government hospital in the Thalangama South, then the doctor will issue the Death Report which you could submit to the Registrar of Deaths. On receipt of the Death Report, the Registrar of Deaths will issue you a Death Certificate.

(3) (a) The home members or next of kin has to inform the Grama Niladhari about the death and the place where it occurred.

(b) If the death had occurred in the hospital, the doctor will issue the death report.

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Dumping of garbage in playground

Question: We are residing in Colombo and face difficulties with regard to garbage being collected and dumped in the playground which is close to our residences. The bad odour from the dumping of the garbage is unbearable and we suffer from headaches and other side effects due to this. Is there any law to protect us from this unbearable situation?

Residents from Colombo area.

Answer: It is an offence known as Public Nuisance under the Criminal Procedure Code. It is the public duty of the relevant Municipal Council to dump the garbage in a suitable place allocated for such purpose. As residents first of all you must discuss the matter with the relevant Municipal Council and if the Council does not take any action, you can proceed to file action against them. Before filing court action, you have to make a complaint to the police.

If you need any further information regarding this matter, you can kindly call our Environment Protection Desk, Aid Commission, Head Office at No. 129, Hulftsdorp Street, Colombo 12. Contact person: Dulan Weerawardena, Legal Officer.

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How to get new Identity Card without birth certificate

Question: What measures must a person take to obtain an Identity Card without a Birth Certificate? She is a Sinhalese from a remote village in Matale.

Kusumawathie,

Borella.

Answer: Your question is not clear enough to answer. You have not mentioned whether the person concerned has obtained an Identity Card previously or not. You can obtain the identity card if you can remember the NIC number without your birth certificate.

However, there is a special procedure to obtain the same. First of all you have to lodge a police complaint and get a certified copy of that complaint. Thereafter, you have to meet the Grama Niladhari and get the relevant form, fill it and get the Grama Niladhari certificate. After preparing all the documents you have to submit five identity card size coloured photographs and a photocopy of the NIC number.

After submitting the relevant documents to the Grama Niladhari, the Grama Niladhari will thereafter process your identity card. Otherwise you can obtain your NIC through the Registrar of Persons Department which has a ‘One Day Service’.

If the person concerned has not obtained an Identity Card previously, first of all you have to apply for a Birth Certificate and thereafter apply for your NIC. In special circumstances the Registrar of Persons has the power to issue NICs without a Birth Certificate. If you need further information in this regard, please call over at our headoffice during working hours. Tel. No. 2433618.

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Difference between mediation and facilitation

Question: Could you explain to me the difference between Mediation and Facilitation.

B. Jacob,

Malabe.

Answer: Mediation means the intervention into a dispute or negotiation of an acceptable, impartial and neutral third party who has no authoritative decision-making power and to assist contending parties to voluntarily reach to their own mutually acceptable settlement of issues in dispute.

Facilitation means the use of a third party who is impartial towards the issues been discussed, to provide procedural assistance to group participants to enhance communication, provide negotiation skill training, access to technical resources and generally establish a conducive environment for decision-making. However, facilitators may not participate in the core discussions of the substantial issues of the dispute.

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Vocational Training Institute for differently-abled persons

Questions: I am a disabled person and I want to know whether there are any Vocational Training Institute to train disabled persons through the Ministry of Social Services Dept?

M. Munaweera, Ratmalana.

Answer: The Ministry of Social Services Department has established the following Vocational Training Centers in the following three districts only:

Gampaha -

Seeduwa Vocational Training Centre, Liyanagemulla, Seeduwa. Tel. No. 011 2253503.

Vocational Training Center, Amunukumbura, Waturugama. Tel. No. 033 2279321.

Rehabilitation Hospital, Ragama (governed by the Health Ministry), Vocational Training Section, Ragama. Tel. 011 2958212

Kandy -

Ketawala, Lewila Vocational Training Centre, Ketawala, Lewila. Tel. No. 081 2225403.

Wattegama Vocational Training Center, Wawinna, Wattegama. Tel. 081 2276209.

Hambantota -

Thelambuyaya Vocational Training Centre, Angunakolapelessa. Tel. 047 2228333.

If you need further information, please contact the Disabled Unit, Legal Aid Commission, 129, Hulftsdorp Street, Colombo 12.

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Tobacco and Alcohol Authority Act No.27 of 2006

Question: I would like to know when the Tobacco and Alcohol Authority Act came into operation and what are the functions of the Authority?

G. Fernando Wattala

Answer: The Tobacco and Alcohol Authority Act was brought into operation on 01st December 2006. The functions of the Authority shall be to-

(a) advise the Government on the implementation of the National Policy on Tobacco and Alcohol;

(b) encourage and assist health promotion through the media sponsorships and community based projects:

(c) recommend measures to minimize the harm arising from the consumption of tobacco products and alcohol products;

(d) recommend measures in consultation with the National Dangerous Drugs Control Board, for the elimination or minimization of illicit drug use;

(e) recommend legal, taxation, administrative and other measures necessary for the implementation of the National Policy on Tobacco and Alcohol.

(f) Monitor and evaluate the implementation of such policy:

(g) Evaluate the impact of policy measures and advise the government on such modifications to the Policy as may be necessary;

(h) Encourage and assist research on issues relating to tobacco and alcohol;

(i) Monitor economic, health and other issues relating to the production, consumption and marketing of tobacco products and alcohol products;

(j) To conduct, promote and co-ordinate research in relation to the use of tobacco and alcohol;

(k) To secure participation of all necessary governmental, or non-governmental agencies and private sector organizations in the implementation of the National Policy on Tobacco and Alcohol;

(l) Encourage active community participation in the implementation and monitoring of the National Policy on Tobacco and Alcohol;

(m) Receive communications from the public on issues relating to tobacco and alcohol and to recommend necessary action in relation thereto the implementing agencies;

(n) Act as the co-ordinating agency for all activities carried out by the government and non-governmental agencies and organizations relating to minimizing the harm arising from the production and consumption of tobacco products and alcohol products;

(o) Monitor the progress of all investigations relating to tobacco and alcohol;

(p) To liaise with local, regional and international organizations on issues relating to tobacco and alcohol.

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Grama Seva Niladhari Disions and Division Nos. in Colombo

Question: Please be good enough to provide through your Daily News Legal Aid Page the DS Division and the Number of GN Divisions in Colombo and Gampaha districts.
 

S. M. Keerthi, Wattala.

Answer: There are 13 DS Divisions in the Colombo and Gampaha Districtl. We give below the DS Divisions and the Number of the GN Divisions:

	District	DS Division	No. of GN Divisions
	Colombo	
			Colombo			35
			Kolonnawa		46
			Kaduwela		57
			Homagama		81
			Hanwella		68
			Padukka			46
			Maharagama		41
			Jayawardenepura Kotte	20
			Thimbirigasyaya		20
			Dehiwala-Mt. Lavinia	15
			Ratmalana		13
			Moratuwa		42
			Kesbewa			73
			Total			557
	Gampaha										

			Negombo			39
			Katana			79
			Divulapitiya		123
			Mirigama		149
			Minuwangoda		121
			Wattala			46
			Ja-Ela			57
			Gampaha			101
			Attanagalla		151
			Dompe			133
			Mahara			92
			Kelaniya		37
			Biyagama		49
			Total			1,177

New CEO of ADRI

The Alternative Dispute Resolution Institute (ADRI), the only professional mediation training institute in Sri Lanka has appointed Attorney-at-Law Anne Fernando as its CEO from March 1 2007. ADRI jointly with Legal Aid Commission is currently involved in training of Grama Niladharis in three day interactive training workshops in different districts.

To date 2016 Grama Niladharis in Tsunami affected Divisional Secretariat areas have been trained and currently professional mediation training and basic knowledge on humanitarian legal concepts are given as well as the legal basis of mediation laws in Sri Lanka Humanitarian laws relevant to village level administration such as Human Rights Law, Protection of Rights of Elders’ Law and Consumer Protection Law forms the subject matter of training.

The programme provides the GN trainees copies of all the laws that are being discussed as they have never been supplied to them before.

Of the three days, one half day is devoted to educate on anti-corruption laws and the United Nations Convention Against Corruption (UNCAC) which Sri Lanka ratified in 2004 but never implemented. The programme is supported by the Asia Foundation.

ADRI has scheduled training programme on commercial dispute mediation for June 2007.

The new CEO is herself a professional mediator trainer having participated in the training of trainers of the ADRI and has conducted over thirty training programme prior to joining ADRI. Ms. Fernando was a Senior Project Officer of the National Center for Victims of Crime (NCVC) and also worked as a Child Rights Officer at the Institute of Human Rights.