Universal Children's Day in Hambantota

The Legal Aid Commission jointly with the Ministry of Education, Southern Province, conducted drama, art and oratorical competitions in schools in the Galle, Matara and Hambantota districts. 187 schools participated in the competitions. The finalists were selected and prizes of educational value were awarded on November 20 at the Suchi National School in Hambantota to coincide with the celebration of Universal Children's Day.

The United Nations General Assembly declared November 20 each year as the Universal Children's Day in 1959 to celebrate the universal child rights.

The United Nations Declaration of the Rights of Child was adopted on November 20, 1959. The Child Rights Convention was adopted by the UN General Assembly on November 20, 1989.

The Southern Province school competitions attracted enthusiastic participation with the participants receiving books, souvenirs and certificates from Chairman of the Legal Aid Commission, S.S. Wijeratne.

Minister of Irrigation and Water Management and Minister of Ports and Aviation Chamal Rajapaksa has in a message stated that the Celebration of Child Rights Day in Hambantota is a significant event'. The People's Bank donated books.

The following are the prize winners:

Drama competition

1. Dharmasoka College, Ambalangoda, Southlands College, Galle, Deberawewa National School.

Art competition

1. Harsha Subashini - Dharmapala Balika Vidyalaya

2. K.K. Thilanii Nimesha - Gamini MV, Hambantota

3. R.H. Isanka Piumali, Halpe MV Galle

Oratory competition

1. Prabath Kumar - Telejjawala Central College

2. Sheran Madushanka - Deberawewa National School

3. Nayomi Dilshani - Southlands College, Galle

The competitions were co-ordinated by Mahesha de Silva, AAL, Head of Children's Desk at the LAC.

Questions and Answers

Land matter

Question - I own a co-owned land at Kegalle. I live in the said land with my brothers and sisters and we have been in possession of different portions of land since 1968. I wish to sell my portion. Could you kindly advice me in this matter.

M.Sampath

Kegalle

Answer - Since the land is undivided you have to get the consent of the other co-owners to the Deed of Transfer. Otherwise it will not be a valid transfer. If others do not consent, you can file a partition action and have the land divided according to due shares. Thereafter you can sell by way of a normal transfer.

RE: Transfer to business and payment of EPF

Question - I had an individual business with 35 employees. After sometime I transferred the business along with the liabilities to a friend of mine. In the agreement a clause was included to the effect that the new owner undertakes to pay EPF including any arrears in the same.

I wish to whether this is enough to pass liability of paying EPF. Your kind advice is appreciated.

G.Zarook Dematagoda

Answer - You have to fill a set of forms (Form D) and submit the same to the Labour Department in order to inform them that you are not the employer. If not their records would indicate your name as the employer and any action for non-payment of EPF would be instituted against you.

Forms could be collected from the Labour Department, Labour secretariat,

Kirula Road, Colombo 5.

An intestate Property

Question - My father passed away last month. He died without leaving a Last Will. My mother is still living and I have only one sister. The value of the property is more than Rs.15 Million and I have no idea about dividing the property.

My sister wants to get married in the near future and my mother wishes to offer a portion of the land as dowry to my sister. Before I proceed in this matter, I wish to have some kind of advice from the Legal Aid Commission as I understand the Commission has set up 48 Centers islandwide. Your kind advice in this regard would be greatly appreciated.

M. Mahesh Kurunegala

Answer - You can obtain free legal advice regarding your matter from any of the Legal Aid Centers islandwide.

With regard to your father's property matter, we wish to inform you that when any person shall die in Sri Lanka without leaving a will, it shall be the duty of the widow, widower, or next of kin of such person, if such person shall have left property in Sri Lanka amounting to or exceeding in value five hundred thousand rupees, within one month of the date of his/her death to report such death to the District Court of the district in which he/she shall have so died, and at the same time to make oath or affirmation or produce an affidavit verifying the time and place of such death and stating if such is the fact, that the intestate has left property within the jurisdiction of that or any other, and in that event what Court, and the nature and value of such property.

It is advisable for you to file a testamentary case before you take any steps to divide the property and to offer same as dowry to your sister.

Cheated by job agency

Question - My sister has decided to go abroad as a housemaid to the Middle East. She went to a Job Agency which is registered under the Foreign Employment Bureau. She now feels that the Agency has cheated her. Can she make a complaint to the police? Please advise me.

S.Anusha Matugama

Answer - You have mentioned that your job agency has been registered with the Foreign Employment Bureau. So there is no need for you to go to the police as the Foreign Employment Bureau has the power to investigate into your matter. The Foreign Employment Bureau has already issued circulars to the police stations to bring matters of this nature to their books and the Foreign Employment Bureau will thereafter investigate and take appropriate action against such Job Agencies and even cancel their registration under the Foreign Employment Bureau Act No. 21 of 1985.

You may therefore make a complaint to the Foreign Employment Bureau. Its address is given below:-

The Foreign

Employment Bureau

No.234, Denzil

Kobbekaduwa Mawatha

Koswatte, Battaramulla

Tel.No.

011 2864118/2864119

If you need further information you could contact our Migrant Workers Desk, Legal Aid Commission, Head Office at No.129, Hulftsdorp Street, High Court Complex, Colombo 12.

Public nuisance

Question - I am the Secretary of a Welfare Society in my area situated in Kottawa. There are about 100 houses built in this area and more than 200 people residing in this place. Since late a certain resident of a house is carrying on a small business (making of pantry cupboards) with about three workers. These workers make a big noise when they start working around 9 in the morning until about 7.30 to 8 in the night. The cutting of wood is very noisy and the surrounding neighbours cannot even listen to the news in the radio/television when the work is being carried out in this house. We have formed a welfare society and I am the Secretary of this society.

Several members in the society have approached the individual concerned and told him about the disturbance and nuisance caused to the neighbourhood, but it is of no avail. In the circumstance can we file action against this person? Please advise us.

Answer - You have a right to file action under the Criminal Procedure Code before the Magistrate's Court to prevent a public nuisance. According to your letter, the said nuisance has been caused to the residents in the area (nearly 150 people) and therefore it can be treated as a public nuisance. In this situation all the neighbours have the right to file action on the same ground or you can as Secretary of the Welfare Society file action on behalf of your neighbours.

We would however like to advise you before you proceed to file action it is better to take up this matter with the relevant authority and if no steps are taken to stop the said nuisance, you could then make a complaint to the police. The police will thereafter proceed to take action on the complaint lodged by you. You can also make a written complaint to the Environmental Authority as it is a public nuisance.

RE: Identity of domestic help

Question - Our domestic help has no Birth Certificate, National Identity Card or any other document of identification. She has only a photograph certified by the Grama Niladari of her village. She is a good employee and we like to continue her employment with us.

Please advise me regarding the question of identity of my domestic help.

Mrs.I.Fernando

Jaela

Answer - In the first instance, you have to produce your domestic help to the police station in your area and inform the police that steps have been taken to establish the her identity through the Grama Niladhari. In this regard you could contact the Grama Niladhari who certified her photograph in order to confirm her identity.

Further you can question her and find out her family details and thereafter try to apply for her Birth Certificate. Please note in order to obtain her Identity Card you have to produce the Birth Certificate.

You can get the Birth Certificate of your domestic help under the Births and Deaths Registration Ordinance. The procedure is given below:-

One of the parents or an interested party should forward a declaration containing all particulars relating to the birth to the Divisional Secretariat to which the place of birth belongs. Following documents should be produced with the declaration.

a. A certificate obtained from the Divisional Secretariat to the effect that the birth has not been registered.

b. A list of brothers /sisters of whose birth has not been registered.

c. Certificate of Marriage of the parents, if they are married.

Written evidence should be produced in proof of the application made in the declaration, as follows:-

1. One of the following documents which includes the date and place of birth of the subject (the person concerned);

a. Hospital birth report or a certified copy of it.

b. Grama Niladhari's report or a certified copy of it.

c. Estate Birth report or a certified copy of it.

d. A copy of the midwife's register of births.

In the absence of the documents stated in above (1), one of the following documents may be acceptable.

a. Horoscope or the record of the time of the birth which has been prepared on a proximate date after the date, on which the birth occurred.

b. Health Progress Card.

c. Certificate of baptism.

d. A certified copy of the admission registers to the school for the first time.

e. Student's Record Sheet.

If none of these documents could be forwarded, a declaration containing birth particulars and an affidavit from the declarant should be produced.

If she is not in possession of any of these documents, it is advisable to get a probable birth certificate. In this connection, you can get the help from any our Legal Aid Centres island wide. The Centre concerned will issue a letter addressed to the GMO to get the age certification. The application should be made in the declaration form of Registration B 06.

Stamps for declaration

Within twelve months from the occurrence of the birth- Rs. 1.00

After lapse of over 12 months from the occurrence of the birth- Rs. 5.00

If need any assistance or further advice, you could visit our Head Office at No.129, Hulftsdorp Street, High Court Complex, Colombo 12 during weekdays from 8.30 a.m. to 4.30 p.m.

Filing of fundamental rights application

Question - We understand that one month is the time limit for filing fundamental rights application. When we concern the poor litigants in the country it is very difficult to file FR applications within this time frame. Is there any solution to overcome this problem?

C.Chaminda

Anuradapura

Answer - You can send a registered letter addressed to the Chief Justice, Supreme Court Complex Colombo 12 within one month from the date of violation.

Please note to keep the registered postal article receipt in safe custody together with a copy of the letter you send to the Chief Justice. In order to help the poor litigants in this country, the Legal Aid Commission has already set up the Human Rights Bureau in its Head Office premises situated at No.129, Hulftsdorp Street, High Court Complex, Colombo 12.

Community Police

Question - What is meant by Community Police? Please explain.

M.Joseph Kaduwela

Answer - The Community Police was established after 141 years of service of the Police Department. It renders the following service to the public:-

* Conducting free awareness programs regarding security in the country and criminal investigations.

* conducting religious and educational activities among the public

* to receive complaints and to inquire into such matters made against the police officers in the respective areas.

* to create awareness with regard to sexual abuse and harassment among the community in the respective areas.

* to build a rapport among the police officers and the public.

* to get public support to lessen the rate of criminals in the areas.

Every police station has set up a Community Police Desk where the public could easily gain access to report any matters regarding police officials who purposely delay taking action on public complaints. Complaints could be made to the following address:-

The Director, Head of the Community Police, DIG's Office, Olcott Mawatha, Colombo 11.

Tel.No.2435327

Can a person re-marry with a decree NISI?

Question - I have obtained a Decree Nisi in my divorce case. There is a person who is willing to marry me. I want to know whether I could get married to him having the Decree Nisi in my favour. Your reply would be greatly appreciated.

S.Shiromi Wattala

Answer - You cannot marry with the Decree Nisi you have obtained in your favour. You have to obtain the Decree Absolute to re-marry. Otherwise you will be punished for bigamy.

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Children and Women's Bureau desks

Question - Please let me know the number of Children and Women's Bureau Desks set up islandwide and its respective telephone numbers.

M.Gunatilleke Malabe

Answer - There are 36 Children and Women's Bureau Desks operating in the island and the respective ASP Districts are supervising these Desks. The donations are distributed among the 36 Children and Women's Bureau Desks operating in the respective divisions. The telephone numbers of the OICs' of these desks are given below:-

Division Telephone No.

01. Ampara 063-2222222

02. Anuadhapura 025-2222223

03. Badulla 055-2222222

04. Bandarawela 057-2222222

05. Batticaloa 065-2224422

06. Chilaw 032-2222222

07. Colombo-North 011-2431861

08. Colombo-South 011-2588680

09. Colombo-Central 011-2433744

10. Elpitiya 091-2291222

11. Galle 091-2222222

12. Gampaha 033-2222226

13. Gampola 081-2352222

14. Hatton 051-2222222

15. Jaffna 021-2222222

16. Kalutara 034-2237225

17. Kandy 081-2222222

18. Kantalai 026-3234222

19. Kegalle 035-2222222

20. Kelaniya 011-2911922

21. Kuliyapitiya 037-2281222

22. Kurunegala 037-2222222

23. Matale 066-2222222

24. Matara 041-2222222

25. Monaragala 055-2276222

26. Mt.Lavinia 011-2738351

27. Negombo 031-2222222

28. Nikaweratiya 037-2260222

29. Nugegoda 011-2852992

30. Nuwara Eliya 052-2222222

31. Panadura 038-2233204

32. Polonnaruwa 027-2222222

33. Ratnapura 045-2222222

34. Tangalle 047-2240222

35. Trincomalee 026-2222223

36. Vavuniya 024-2222222

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International Day of Disabled Persons - December 3

The Legal Aid Commission Disabled Desk will be holding a panel discussion on Wednesday, December 3 from 9 a.m. to 12 noon at the Legal Aid Commission Auditorium, No.211, Superior Courts Complex, Colombo 12 with expertise relating to mental health and legal issues.

If you are interested in participating in this panel discussion, you could call Ms.Kalani Medagoda, AAL, Head of the Disabled Unit, Tel No.0777 174269.

December 6 - Legal Awareness Programme for parents of disabled children at the Nisansala Special School at Tudella from 9 a.m. to 1 p.m.