LEGAL AID COMMISSION
Introduction -
Increase in retirement age of Public Servants
Compiled by Kalani A Medagoda, AAL
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The Government's decision to increase the retirement age from 60
years to 63 is recognition of the increasing healthy aging phenomenon in
Sri Lanka like in many other developed countries
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The media report that the Government has decided to extend the
compulsory age for retirement from 60 to 63 years is welcome news to all
those who are working to place the aging challenges in the main
political agenda. The silent demographic age quake as already hit Sri
Lanka and bound to dominate the socio-political policy in the coming
decades. Over two million elders out of the 20 million population which
is projected to increase exponentially in the coming years, would be the
deciding factor in the future electoral politics of the country.
The elders' phenomenon continuing to be placed within the scope of
the Ministry of Social Welfare, thus limiting the elders' issues to the
charity agenda. This national policy need to be changed mainly for two
reasons. Over '60s form one fifth of the voting population and will form
one of the most decisive cohort in the electoral politics in the future.
No political candidate or party can afford to ignore elder empowerment
programs in their agendas. Secondly, unlike previously, elders are
getting organised in non-political village based Elders Committees to
develop self-help programs. Establishment of 10,000 Elders Committees
islandwide would bring the concept of productive aging into national
focus. All those political parties ignore elders as an unimportant
cohort is doing that at their own risk.
The Government's decision to increase the retirement age from 60
years to 63 is recognition of the increasing healthy aging phenomenon in
Sri Lanka like in many other developed countries. The National Council
of Elders in its very first meeting in 2002 unanimously recommended to
the Government after taking into consideration increased life expectancy
of the Sri Lankan to consider increasing the compulsory retirement age
of Government servants to 65 giving the employees the option of early
retirement on their own volition after 60 years. In European countries
the retirement age is over 65 years and the USA like in the private
sector there is no mandatory retirement age. The retirement age is a
matter for agreement between the employer and employees. When you
consider the positive demographic trends in Sri Lanka, the retirement
age will reach 65 in a matter of a few years.
The main reason for the upwards trend in the retirement age is the
demographic trend of health and productive aging. The second reason is
the reduction of the size of the young cohort in the population profiles
of Sri Lanka. The birth rate of a Sri Lankan couple which was over the
international replacement birth rate of 2.1 children has declined and
hovers as 1.6 children per couple resulting in decline in population
projection of a decreasing population in 10-12 years. The situation is
compounded by the continuing civil war which has killed over 70,000
youth thus leading to decline in the average life expectancy of men from
74 years to 70 years. The penchant for migration of the young people
seeking greener pastures in foreign countries which are already rich and
developed has further compounded the problem. In this context, continued
utilisation of the healthy elders and their experience is an appropriate
Government strategy. Simultaneously, the Government should urgently
initiate policies encourage young couples to procreate children with
sufficient incentives. If these measures are not taken in time, Sri
Lanka without corresponding economic developments will face demographic
challenges like Italy and Singapore.
S. S. WIJERATNE
Questions and Answer
DS Divisions under Colombo District
Question: When we apply for certified copies of Birth/Death
Certificates it is very difficult for us to find out the DS Divisions.
Therefore, please let me know the DS Divisions which comes under the
Colombo District. Your answer is greatly appreciated.
M. Selvakumar, Dematagoda.
Answer: The DS Divisions which comes under the Colombo
District are:-
DS Divisions and Birth/Death Registration Divisions
Colombo
Colombo Fort (Medical)
Slave Island (Medical)
New Bazaar (Medical)
Kotahena (Medical)
Modara (Medical)
Hulftsdorp (Medical)
Maradana (Medical)
Kolonnawa
Kolonnawa (Medical)
Ambathalen Pahala
Angoda
Mulleriyawa
Kaduwela
Ranala/Nawagamuwa
Battaramulla
Homagama
Kottawa
Kahatuduwa
Mattegoda
Athurugiriya
Hanwella
Avissawella (Medical)
Kosgama
Hanwella
Kaluaggala
Padukka
Waga
Padukka
Maharagama
Sri Jayawardanapura
South (Medical)
Maharagama - North
Maharagama - South
Sri Jayewardanapura
Kotte/Nugegoda
Sri Jayewardanapura
North
Thimbirigasyaya
Colombo General
Hospital (Medical)
Kollupitiya (Medical)
Wellawatta (Medical)
Kirulapona (Medical)
Dematagoda (Medical)
Borella (Medical)
Dehiwala
Dehiwala-Kalubowila
(Medical)
Dehiwala
Dehiwala-Kalubowila
(Medical)
Ratmalana
Ratmalana-Mt. Lavinia
(Medical)
Attidiya
Moratuwa
Motatuwa-North
(Medical)
Moratuwa-South
(Medical)
Kesbewa
Kesbewa
Boralesgamuwa
Mampe
Pepiliyana
Community based correction orders
Question: Please let me know on what grounds court may impose
the community based correction orders?
G. Preethika, Kalutara
Answer: The Community Based Corrections Act No. 46 of 1999
provides for the imposition of Community Based Corrections Orders (CBCOs)
by Court in lieu of sentences of imprisonment.
A CBCO is an Order made by Court which requires an offender to comply
with certain conditions stipulated therein and may include a condition
requiring him to perform unpaid community work. Under the Community
Based Corrections (Act No. 46 of 1999) - Sect 5 says that
(1) Notwithstanding anything in any other law where an offender is
convicted of an offence other than,
(a) an offence for which the imposition of a minimum sentence of
imprisonment is mandatory; or
(b) an offence, the penalty prescribed for which includes a term of
imprisonment exceeding two years.
(2) In entering a community based correction order in respect of an
offender, the court shall have regard to the nature and gravity of the
offence committed by the offender and the other circumstances relating
to the commission of such offence, the pre-sentence report, if any
furnished in respect of the offender and the facilities available for
carrying out such order.
Please note that under the Community Based Corrections Act (No. 46 of
1999) - Sect 7 says that the Consent of the offender required for
community based correction order.
"No community based correction order shall be entered in respect of
an offender, unless the offender consents in writing in the prescribed
form to the entering of such order."
If you need further clarification you can visit the Center for
Community Based Correction Board situated at No. 211, Hulftsdorp Street,
Colombo 12.
Telephone: 2381030
Fax: 2381031
Re-Birth Certificate
Question: One of my friend's daughter was born in France and
her birth has been registered in Colombo, Sri Lanka. Please let me know
if there is a possibility of applying for her Birth Certificate in Sri
Lanka? Kindly advice.
Dinura Widamal, Badulla
Answer: Your friend can down load the application form (Form
B63) from the Registrar-General's Office Web-site (www.rgd.gov.lk) and
send it to Registrar-General's Department, Central Record Room,
Maligawatta, Colombo 10 with uncancelled stamps as described in the
relevant application form. If you send a self addressed stamped
envelope, then the Registrar-General's Office will be able to send you
the Birth Certificate direct to your address in France.
Re: Divorce matter
Question: My name is Nethra Dissanayake. I am seeking legal
advice regarding the divorce case, that I wish to file against my
husband. My husband and I have been married for nearly 22 years and we
have a daughter who is aged 20 and two 9 year old sons. Most of our
married life, my husband has been leading a highly promiscuous lifestyle
which I had to tolerate for years just for the sake of my children.
Moreover, he has been verbally abusing me all the time in front of my
children for no good reason and even now in spite of us having grown up
children he has not given up his promiscuous way of life. I have been
patient for so many years and forgave him all the time considering that
he will change but it hasn't been of any use. Now I cannot tolerate him
any more and I wish to file a divorce case against my husband.
Furthermore, there are few issues, which I would like to be sort it
out and legal action taken. They are:-
1. I have a land in Colombo which I have inherited from my parents
but which is legally owned by both me and my husband. When getting the
divorce, I wish to claim the full ownership of this land since. I
inherited it from my parents.
2. We also have a house and land which is again legally written in
both our names and I would like to know what my children and I will gain
from this property.
3. Furthermore, since my husband is holding a managerial position in
an overseas company I would like to know what percentage of his income
will be allowed for my children and how I can prove legally about his
profession and about his salary.
Please advice me about the Legal procedure that I should take and how
I can prove legally the current ownership of the above mentioned
property since I do not possess the legal certificates at the moment.
More importantly I wish to claim the full guardianship of my children.
Hoping to receive your kind response as soon as possible.
- Sent by Email, N. Dissanayake
Answer: 1. If you have inherited a land from your parents in
your name, your husband has no legal right over that property at
present.
2. If the house and land in your name and your husband's name, either
you can get it divided or both of you can write it to your children.
Otherwise, it can be sorted out in a divorce action.
3. You can sort this matter out in a divorce action.
If you need further advice or assistance in this regard, you could
kindly call over at our Head Office at No. 129, Hulftsdorp Street,
Colombo 12.
English translation of Marriage and Birth Certificates
Question: How can I obtain an English translation of my
Marriage Certificate and children's Birth Certificates? Your kind reply
would be greatly appreciated.
Anupama, Nattandiya
Answer: English translations of Birth, Marriage and Death
Certificates are issued from Registrar General's Department upon an
application. Please submit your applications along with the relevant
Certificates to the Registrar General's Department.
You have to pay a fee of Rs. 100 per copy. The address of the
Registrar-General's Department is given below:-
Registrar-General's Department, No. 234/A3, Denzil Kobbekaduwa
Mawatha, Battaramulla, Sri Lanka.
Tel: 2889488/2889489
Fax: 2889491/2889492
Email: [email protected]
Re: Divorce matter
Question: I am a Sri Lankan origin but now a citizen of a
foreign country. I got married to a Sri Lankan (met from a marriage
proposal). After the marriage, I realised that he was not for me and we
could not continue with our marriage. Now I want to dissolve the
marriage as soon as possible. Please advice me.
R. Dissanayake, Sent by email
Answer: If your husband is not interested in filing action for
a divorce, as wife, you can file an action in the District Court for a
divorce. Under Sri Lankan Law, you could obtain a divorce on any of the
following grounds:-
- Adultery
- Malicious desertion
- Sexual impotency at the time of marriage.
If you need further advice, please get in touch with us by email or
fax (Fax No. 2433618)
New scheme for migrant workers known as 'Migrant Workers Benefit
Fund'
Question: I am 23 year old permanent employee of a private
bank. In order to go for foreign employment, I have tendered my
resignation to the present employer. My questions is -
- What am I to do with my EPF+ETF?
- Can I withdraw or can I continue it on my own contribution from my
employment earnings? On what basis?
- What is the procedure to follow?
Your kind advice would be greatly appreciated.
M. N. S. Ibramsa; Ratmalana
Answer: You can claim refund of EPF only on the following
grounds:
* When you reach retirement age and ceased the employment (males on
completion of 55 years and females on completion of 50 years).
* Leaving employment on grounds of marriage (women employees)
* Cessation of employment due to total incapacitation
* Cessation of employment on leaving to a foreign country for
permanent residency.
* When engaged in a permanent pensionable post in Government or Local
Government service.
* Obtaining refund when Government Institutions become Corporations,
closure of Corporations, retrenchment of excess staff, nationalization,
resignation consequent on conversion into companies.
With regard to your question, you can claim your EPF benefit only
when you reach the retirement age of 55 or if you are leaving to a
foreign country for permanent residency. Since you are only going for
foreign employment, you cannot claim your EPF until you reach the age of
55 years.
With regard to the ETF you can claim same on resignation. However, if
you have already claimed your ETF from one Company, then you will have
to wait for another five years to claim your ETF on resignation from
another Company. Please note that ETF Board has introduced a new scheme
for migrant workers to enable them to contribute to the ETF from their
earnings abroad. This is known as the "Migrant Workers Benefit Fund".
If you need further clarification you may kindly get in touch with
Mr. Amarasinghe, Assistant General Manager, ETF Board, No. 122, Nawala
Road, Narahenpita. Tel. No. 2501082.
Widowers and Orphans Pension Scheme
Question: My wife was a teacher in Government Service from
1952. She retired in 1979. She passed away in 2000. During her time in
service, the above scheme was not in existence. It came into effect on
1.8.83; thereby spouses of those who retired prior to this date were
deprived of this facility.
Later the Department of Pensions by Circular No. 6/2006 extended this
facility up to 30.06.2006 to only the spouse of service personnel. On
11.07.06, I wrote to the Minister of Public Administration and Home
Affairs requesting him to extend this facility to all spouses of public
servants who retired before 1.8.1983.
But no reply was received by me.
Recently through the Newspaper I came to understand that this
facility had been extended up to 31.12.2007.
As I was not aware of this extension by Gazette No. 1489/21 dated
23.03.2007, I could not apply within this period.
Therefore, please advice me about how I am to appeal in order to make
the necessary contribution now and obtain the W and OP claim taking into
consideration my ignorance of the above extension and also my request to
the Minister as far back as 11.07.2006.
P. Wijayagoonasekara, Nugegoda.
Answer : The contents of your letter have been duly noted by
us and we agree with the facts mentioned therein. However, we regret to
inform you that under the Pension Minutes and Circulars you re not
entitled to get the W and OP Fund since the extended period for the said
purpose has lapsed.
Company limited by guarantee
Question : I would like to know what you mean by a Company
Limited by guarantee. Kindly explain this to me in detail through your
valuable Daily News Legal Aid.
M. Joachim, Kelaniya.
Answer: A company limited by guarantee is a Company that does
not issue shares.
The liability of each member is limited by the amount of the
guarantee specified in the Company's Articles as undertaken by that
member to contribute to the assets of the company in the event of it
being put into liquidation.
Any two or more persons may apply to form a company limited by
guarantee by making an application to the Registrar for the same, in the
prescribed form signed by each of the initial members, together with the
following documents:
a) The Articles of Association of the Company;
b) A consent under Section 203 from each of the initial Directors, to
act as a Director of the Company, and
c) A consent under Section 221 from the initial Secretary of the
Company.
It must be noted that the application for incorporation of a company
limited by guarantee must be made by two or more persons.
Whether such a Company can with only two members continue to exist
even after the demise of one of the two members in view of Section 32
which was hastily amended at the Committee Stage of the Parliament, is
debatable. Company limited by guarantee must have articles with the
objects.
A Company limited by guarantee shall have articles which sets out.
a) The objects of the Company; and
b) The amount which each member of the Company undertakes to
contribute to the assets of the Company, in the event of such Company
being put into liquidation.
A Company limited by guarantee is not prevented from providing in its
articles that specified clauses of the Articles of Association set out
in the First Schedule to the Act, shall apply to that company.
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How to register birth of a child?
Question: Please let me know how to register the birth of the
child?
Yamuna, Alawwa
Answer: An appropriate informant, within forty two days since
the occurrence of the birth of a child should inform of such birth, to
the Registrar of the division in which that birth occurred. Occurrence
of such birth may be informed;
(a) by attending the office of the registrar in person or
(b) by producing one of the following written declarations which are
relevant to registration of births.
Written declaration By whom the To whom the declarationdeclaration
shouldshould be produced be produced
Declaration of Birth Father or Mother Registrar
Registration B4
Declaration of Birth Father or Mother Superintendent of the
Registration B32Hospital
Particulars for (i) Registrar
registration of births Father or Mother
(ii) Superintendent of the Registration B144Hospital in case a
birthoccurs in a Governmenthospital
Appropriate informants are:
1. Father
2. Mother
3. Occupier of the house or building in which the child was born.
4. Each person present at the birth
5. Person having charge of the child
6. Medical officer-in-charge, in case of births which occur in a
hospital or a public institution.
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