Features | Online edition of Daily News

Sri Lanka is considered as one of the fastest aging countries in the developing world which is a positive indicator. According to the Census Department around two million Sri Lankans are over 60 years of age which age is designated as the qualifying age to be recognized in Elders Act No.9 of 2000. According to demographic projection the number of elders will continue to increase reaching 20% population in 2030.

Among the developing countries, Sri Lanka as far back as 2000 enacted the Protection of Rights of Elders Act No.9 of 2000 establishing the legal framework for protection of elder’s rights and development of a national policy on elders.

The National Council for elders established under the Elders Act, has developed and received the Government approval for a National policy on elders and an Elders Charter which in addition to the provision of Elders Act provide the parameters for facing the challenges of a rapidly aging population.

Sri Lanka’s national policy on aging and the associated social action are predicated on the Asian tradition of responsibility for elder care cast primarily on children. The state is required to provide elders residential facilities only to destitute elders who are without children or are abandoned by their children (Section 15).

The primary responsibility of siblings to take care of their aging parents is reinforced by legal duty to maintain parents who are unable to maintain themselves. Under section 25 of the Elders’ Law, a board for determination of claims for maintenance by elders has been established.

The shifting of the LAC Chilaw Centre to a new building in the Court Complex took place on January 1. Here L/R: Pradeep Shanthapriya, AAL Director, LAC Centre, Chilaw, Hillary Fernando, AAL Vice Zonal President, BASL, L.D.H. De Silva, ADJ, Ms. C.J. Madawala, High Court Judge, Ms. Nilanka Geethani, AAL, Legal Officer and Ms. K. Sivapathasunderam, DJ on the occasion.

`The Board consisting of three persons is appointed by the Judicial Services Commission in view of the Quasi Judicial nature of the determinations of the Board. A World Bank report on the needs of the aging population in Sri Lanka published in June 2007 which evoked significant national interest stated that 80% Sri Lankan elders lived with their children and only 6% lived alone. In developed countries the majority of the aging population lives alone.

The leading elder’s empowerment policy initiated by the National Council of Elders is the organisation of village based elders committees organised on a voluntary basis administratively supported by provincial social service administration.

According to estimates published by the National Secretariat for Elders the number of Elders Committees islandwide has exceeded 10,000, a very impressive figure considering the total number of villages in Sri Lanka which is estimated at 15,000.

The Elders Committees receives a grant of Rs.5,000 for initial administrative purposes but thereafter more or less functions as independent voluntary associations pooling their meagre resources to support elders care programs.

The National Council of Elders have hitherto organised International Day for Older Persons on October 1 as the elders day with a plethora of activities organised both nationally and provincially to celebrate the achievement aging.

The International Day for older persons on October 1 of each year was designated in December 1990 by the UN General Assembly - Resolution 45/106. From the very outset the programs celebrating Elders Day clashed with an equally important day, International Children’s Day which too falls on 1st October.

Even though, some countries try to organize joint programs to display inter generational amity, few others have set apart separate national days for older persons. The UN also has recognised November 25 as the Universal Children’s Day.

It is in this background that the National Council for Elders resolved recently to recommend to the cabinet to recognize May 4 as the National Day for Older Persons in Sri Lanka. 4th May was selected primarily due to the reason that the Protection of the Rights of Elders Act No.9 of 2000 which was passed in Parliament unanimously was certified as a Law on 04th of May 2000.

The World Assembly on Aging meets every ten years, the last been held in Madrid in 2002. The 10 year long span between World Assembly is rather cynical for aging population as 10 year long segment can be a lifetime for many elders.

The declaration of May 4 as National Day of Older Persons or politically correct Senior Citizens would provide ample opportunity for the over 2 million elders islandwide to celebrate aging with programs sharing their lifetime experience and knowledge with the younger generation and become active performers in the national development process.

Questions and Answers

Filling maintenance case without Marriage Certificate?

Question: My husband ignores me and neglects me and my children. I have now decided to file a maintenance case. However I am unable to do so because the Marriage Certificate is in the custody of my husband. I want to know whether I could file a maintenance case without the Marriage Certificate. Your early reply would be greatly appreciated.

Answer: If you are keen to file a maintenance case, you must first obtain a certified copy of the Marriage Certificate.

If you know the date and place of marriage, you can apply for a certified copy of your Marriage Certificate from the Divisional Secretary’s Office where your marriage took place.

What is a B Report?

Question: Would you kindly let me know as to what is a B report? I await your kind reply.

Answer: It is a report filed by Police under Section 115 (1) (2) (3) (4) and 120 (1) (2) and (3) of the Criminal Procedure Code Act No.15 of 1979 informing the Magistrate very briefly the nature and details of the offence that the accused is suspected of having committed.

Can I GET a copy of Death Certificate?

Question: My mother died at my sister’s place at Negombo two years ago. Her Death Certificate is with my sister and she is presently in Italy. I now wish to get a copy of my mother’s Death Certificate as I am her second daughter. Can I get a copy of the same? I also wish to get a translation of the Death Certificate.

Answer: If you know the date of death and the name of the person, you can apply for a certified copy of the Death Certificate from the Divisional Secretary’s Office where the death occurred.

The application form used to obtain Death Certificate is Form 63(a). Since your mother had died in Negombo, you have to visit the Divisional Secretary’s Office in Negombo and apply for a certified copy of your mother’s Death Certificate after obtaining and filling the Form 63(a).

For the purpose of obtaining a translation of the same, you could get this done from the Registrar-General’s Office at Major Denzil Kobbekaduwa Mawatha, Battaramulla.

Unregistered job agency

Question: My sister has decided to go abroad for employment through an unregistered Job Agency of the Sri Lanka Bureau of Foreign Employment. Is it valid to go abroad through an unregistered Job Agency? I need your kind advice.

Answer: No. It is advisable to go through a Job Agency which is registered with the Sri Lanka Bureau of Foreign Employment (SLBFE). In case something happens to your sister, she can get redress from the Job Agency, if the said Job Agency is registered with the SLBFE.

Arbitration matter

Question: A case was filed at the Labour Department and went for Arbitration. After the judgment the Respondent appealed against the decision and a case is pending at the High Court. It has taken some time and I only get to hear is that the parties have been calling for dates. Therefore, I would like to know as to how I could get about this to get this matter expedited. I await your kind reply.

Answer: The Arbitration Act No.11 of 1995 was enacted with the specific purpose of facilitating speedy commercial dispute resolution. Hence, the structure of the Act read users the intervention by High Court accepting exceptional circumstances like obtaining restraining orders.

Arbitration award is considered a final adjudication on facts and could only be challenged on firm grounds for proceeding under section 32 of the Arbitration Act. However once the litigation commences in the High Court the normal delay in courts take place.

Arbitration procedure

Question: I am a Plaintiff in a case where Arbitration is expected to be instituted shortly.

Please apprise me with the entire procedure involved therewith and how long it will take to complete, etc in your Legal Aid Page of the Daily News early.

I wish to state that the service you provide in this page is appreciated very much.

In the case of ad-hoc arbitration, the procedure governing the arbitration is agreed between the parties from case to case.

In institutional arbitration, the rules of arbitration is formulated and adopted by the Arbitration Institution and is available to all parties.

In Sri Lanka there is only one Institutional Arbitration Center - namely the Institute of Commercial Law & Practice. In Institutional Arbitration, there are two types of arbitration - i.e. regular and expedited.

If parties decide on regular arbitration, then the Arbitration has to be concluded within one year. On the other hand if the parties decide on expedited or fast track arbitration, then arbitration has to be concluded within three months.

Change of residential address

Question: An expatriate Director of a foreign Company registered in Sri Lanka who had a permanent place of residence locally has decided to operate from his own country with periodic visits to Sri Lanka .

On his visits to Sri Lanka, he will be at the same residential address as earlier.

Will this arrangement be treated as a change of residential address of a Director that needs to be notified to the Registrar of Companies?

Answer: Going through your question, we assume that your Company has been registered in Sri Lanka. Generally if a Director of the Company has changed his normal residential address, such change of address should be submitted to the Registrar of the Companies

Use of company name and company number

Question: Could you please let me know through your valuable Daily News Legal Aid Page, on what documents can a Company use its name and its number. Your early reply would be greatly appreciated.

Answer: A Company shall use its name and its number on the following documents/correspondence:-

(c) All bills of exchange, promissory notes, endorsements, cheques and orders for money or goods signed on behalf of the company.

(e) All other documents issued or signed by the Company which creates or is evidence of a legal obligation of the company; and

The Company shall ensure that its name and its Company number are clearly displayed at its Registered Office.

Partial settlement of insurance claims

Question: This serves to inform you that our factory situated at Nambapana, Ingiriya came under flood on two occasions in early part of April and early June 2008.

Our duly submitted claims for actual damages caused from our Insurance Company, Union Assurance Limited was not only subjected to drastic reductions but also shamelessly withdrew insurance policy covering flood on reasons best known to themselves.

We fervently solicit your valuable assistance for a viable solution to our grievances and injustice.

Answer: Since you have already obtained an insurance policy from the Insurance Company concerned, subject to the terms and conditions stated therein, you can file a case in the District Court.

It is advisable for you to refer this matter to the Financial Ombudsman at the following address:-

May 4 - National Day of Older Persons