Features | Online edition of Daily News

Article 7 of the Convention on the Rights of the Child provides that every child has a right to be cared for by his/her parents. Children who are deprived of care and protection by family are those in conflict with law and those who are in need of care and protection.

As a State party to the Convention, the Government of Sri Lanka is vested with the unique obligation of establishing and maintaining children's homes, either by itself or with voluntary organisations, for the care, treatment, education, skills development and rehabilitation of such children.

Their vulnerability compels us to reconsider whether due attention has been paid to their needs and whether adequate measures have been taken to fulfill the same.

In this milieu, the Report on "Children in Institutional Care", compiled by S. Nishadini Gunaratne, Attorney-at-Law attached to the Legal Aid Commission is a timely publication worth analyzing.

This Report is published by the Legal Aid Commission and the Child Protection Society of Ceylon to coincide with the Universal Children's Day, celebrated on the November 20, 2008.

The main areas dealt under this Report could be summarised as; International and National framework for protection of children, Institutions involved, State Authorities responsible for supervision, Evaluation of the existing mechanism and suggestions for improvement.

This Report assesses the adequacy of existing mechanism for child care and makes recommendations for enhancing the same. In doing so it brings in to highlight the problems faced by children in Institutional Care and suggest ideas for improvement of the care and protection for these children.

The section that deals with good practices and the deficiencies in Child care Institutions discusses the importance of registration of such Institutions, available infrastructure facilities, importance of providing education including non-formal educational programs, counseling services and the issue of abuse of children within these Institutions. Recommendations are suggested for the deficiencies and one significant recommendation is the idea of initiating a system where the Child Rights Promotion Officers and/or Probation Officers could visit a Child Care Institution and get the children to answer a questioner in order to identify instances of child abuse.

This innovative approach would help children to disclose instances of abuse without having to fear of being subjected to reprisals.

Another is the recommendation for providing continuous training on early childhood care for staff attached and to ensure psychological well being of children in institutional care.

This is important, for we do not have separate Child Care Institutions to deal with Children in conflict with law and Children in need of care and protection, in order to prevent innocent children being adversely influenced by the juvenile offenders.

As the future of this world lies in the hands of children, we all have a duty to ensure that every child is treated with dignity and respect, which is essential to become a responsible member of society. This Report highlights where we have failed in our duty towards Children in Institutional Care and invites every Stakeholder concerned to reconsider their roles so as to ensure a better future for these children.

[Questions and Answers]

Auditor's Report

Question: I am working at an Accounts Assistant at an auditing firm. Our firm does the audit work of several Companies and it has to submit the Auditor's report to the said Companies. I would therefore like to know what should be stated in the auditor's report. Your kind reply would be greatly appreciated.

Answer: Under the Companies Act No.7 of 2007, it has been stated that an Auditor of a Company shall make a report on the financial statements audited by him. The auditor's report shall state -

(d) whether in the auditor's opinion as far as appears from an examination of them, proper accounting records have been kept by the company.

(e) whether in the auditor's opinion the financial statements and any group financial statements give a true and fair view of the matters to which they relate and if they do not, the respects in which they fail to do so; and

(f) whether in the auditor's opinion the financial statements and any group financial statements comply with the requirements of section 151 or section 153, as the case may be, and if they do not, the respects in which they fail to do so.

Is another 'B' Membership card necessary when changing over from one job to another?

Question: I was employed in a Mercantile Firm for the last four years and thereafter changed my place of employment for better prospects. I would like to know whether I should obtain another "B" Card from my present place of employment.

Further I would like to know as to what should be done if the "B" Membership Card is misplaced or lost?

Answer: No. You can hand over to your new Employer the 'B' Card which you obtained from your previous Employer and help him to fill Form 'G'.

Thereafter your new Employer can send your 'B' Card and Form 'G' to the Labour Office of the area, which will then mark the new number on your 'B' Card and return it to the Employer to be handed over to you.

With regard to your second question, if your 'B' Card is either lost or misplaced, please complete a 'B' Form and together with a Money Order for Rupee One written in favour of the Commissioner of Labour with Colombo as the paying office, send it to the Deputy Commissioner of Labour (EPF) to P.O.Box 1725, Colombo.

Due Promotion not granted

Question: I am employed at a Government Department and it has been the practice to give promotions according to seniority. However, on two occasions, I have been surpassed when giving promotions. Please advise.

Answer: You have not mentioned when this has happened. If one month has not lapsed since the last time you were overlooked when giving promotions, you can file a fundamental rights application (Need to go through the relevant documents) Or else you can file a writ application.

Error in Marriage Certificate

Question: I, Mrs.Riophilla Genevieve Antonnette RAMLAN married in the All Saints' Church, Borella in 1971 and obtained the certificate of Marriage from the Parish Priest with the correct surname in English .

Subsequently, I received the Certificate of Marriage from the Registrar of Marriages and as it was in Sinhala, I did not read it. 30 years later, I lost my NIC and applied for a duplicate. When I produced the Certificate of Marriage, the Grama Sevaka noticed that the surname on the Sinhala Certificate read as RAMLAL. As such, I used the English Certificate from the Church and obtained my NIC.

When I visited the Department of Marriages, I was informed that I should go to courts and get the name changed.

Please let me know what I should do to rectify this error as this has been done by the Registrar of Marriages as the certificate from the Church gives the correct details which of course is in English.

Answer: It is very clear that a mistake has appeared in your Marriage Certificate. In such a situation, the Registrar before whom you got married has the power to amend the Marriage Certificate within a reasonable time period. If not you should file a case in the District Court where your marriage took place.

Documentations

Question: Please let me know the place where they issue certified copies of Marriage, Births and Deaths? Also where translation of such documents could be done. Your help is kindly solicited.

Answer: Certified copies of Marriage, Birth and Death Certificates relating to such events occurred in Sri Lanka can be obtained from the relevant Divisional Secretariat, which the place of occurrence of such incident belongs to.

Certified copies of the certificates of Marriage, Birth and Death certificates relating to such events occurred outside Sri Lanka can be obtained from the Central Record Room, Maligawatta, Colombo 10.

The translation of copies of the said documents can be done through the Registrar General's Office. Its address is given below:-

Stamp duty on documents

Question: When documents are submitted to the Land Registry for Registration by Notaries, stamps have to be affixed for the required amount. Could you please let me know the value of stamps that have to be affixed for the following documents:-

(1) Transfer Deed - Value up to 100000/=Rs ,3%, if value is more than 100000/=Rs 4%

(3)Lease - If the lease is a building or value is less than 5000/=Rs, no need to put stamps. Normally for the value of 1000/=Rs (1%)(ex: lease value is 2000/= stamp fee is 2%).

(9) Mortgage -. Normally for the value of 1000/=Rs (1%) (for housing longs up to 3000000/=Rs not charge for stamps.)

(10)Mortgage Cancellation - Normally for the value of 1000/=Rs , (1%) . Maximum 50%.

Maintenance case

Question: I am a widow of my first marriage. I got involved with another man and have a child from him. The second marriage was not registered. He never cared about us. Can I file a maintenance case against him . I don't have the Marriage Certificate and in my child's Birth Certificate the father's name has not been mentioned. Please advise me

Answer: You can file a maintenance case under the Maintenance Act No 37 of 1999, if the other party refuses paternity of the child, then the court may order a DNA Test. After the DNA Test, if the paternity is proved then the court may order maintenance from him.

Functions of Government Analyst's Dep.

Question: I would like to know the functions rendered by the Government Analyst's Department. Could you kindly explain through your Daily News Legal Aid Page?

Answer: The Government Analyst's Department was established in 1904 and is the Central Government Laboratory. The Department consists of two Divisions, the Food Science and the Forensic Science. The Food Science Division provides services towards public health. On the other hand the Forensic Science Division provides services mainly to law enforcement authorities in the area of crime investigation. In both Divisions, there are specially trained scientists for the examination and analysis of samples forwarded by police, law court and other relevant institutes in the country.

The Food Division of the Department composed of three laboratories as Food and Liquor, Milk and Water. Each section analyse samples and issue scientific reports to protect the public under the Food Act, Consumer Protection Act, Environment Protection Act, etc. and analyse liquor under Excise Ordinance. The Forensic Division of the Department has six major disciplines as Ballistic, Explosives, Questioned Document, Serology, Toxicology and Miscellaneous. Each section in the forensic carries out examination of evidence related to various crimes such as murder, rape, theft, hit and run, arson, fraud etc. We work with the following Institutions such as Courts of Law and Labor Tribunals, Department of Police, Criminal Investigation Department, Department of Health, Department of Customs, Department of Excise, Sri Lanka Standards Institution, Consumer Affairs Authority, Sri Lanka Tea Board, Central Environment Authority, Sri Lanka Insurance Company, National Lotteries Board, Colombo Dockyard and other Government Departments and Law Enforcement Authorities. The address of the Government Analyst's Department is given below:-

What is ISBN?

Question: Could you please explain to me what you mean by an ISBN in a publication?

Answer: The International Standard Book Number (ISBN) evolved from the Standard Book Number (SBN) previously used in some English speaking countries. An SBN is converted to an ISBN by prepending a digit '0'.

The ISBN consists of 9 digits plus one check digit. To calculate the check digit you must multiply the last digit of the true number by 2, the last but 1 by 3 etc. and add these results. The number needed to fill this sum to the next multiple of 11 is the check digit. If it is 10, the check digit is replaced by the letter 'X' (historically correct of course).

The true ISBN consists of three parts that may be (but need not be) separated by hyphens. The first part indicates the language or country of origin (this varies), the second part indicates the publisher and the third part the book number. The size of each field is not fixed, for instance a very small publisher will have a large field for the publishers number and a very large publisher will have a small field, leaving much more space for book numbers. Also when a publishers book number space is exhausted he will be assigned a new publishers number (which may be but need not be smaller in size). A reprint will not receive a new ISBN, but a modified reprint should. The following language/country codes has been assigned:-

Benefits given to pensioners

Question: The Minister of Education through Circular No. 2005/04 has extended the period of Automatic promotion up to 31.12.2008.

Further, Secretary MMND Bandara has instructed that all who are in different grades in the Ceylon Teachers Services, including the Pensioners who have retired under existing regulations to be promoted without further delay. The above circular has created an anxiety in me. I have retired on 01.01.1991. I would like to know whether I will be benefited by the above circular.

Answer: We did contact the Education Department on this matter but unfortunately they are unable to provide a straight forward answer as to whether a teacher who retired on 01.01.1991 is entitled to this automatic promotion or not.

Apparently, it is on a case by case basis, may be for those who are retired. Therefore, you have been requested to write to the Zonal Education Director of the Zone where you last worked and retired from or even to the Secretary Ministry of Education. "Isurupaya" Battaramulla, giving all relevant details. They will reply you. It may be worth your writing to the Secretary of the Ministry as it appears that you may be entitled to this promotion from the conversation we had the Department.

Pension after conviction

Question: After going through your answer I was compelled to get a clarification from you regarding my pension also. As I mentioned in my earlier question which appeared in the Daily News of December 4, 2008, I was dismissed from service by the head of the Department. Thereafter I was not given my pension which I did not ask for. In the Court I pleaded for my bribery charges and I was convicted. The punishment given me was a fine of Rs. 2,000 and a term of 2 years imprisonment suspended for five years. This verdict was given in 1995. From the date I was interdicted in 1992 up to date I was not involved in any offense. Now I wish to know whether I am entitled to claim my pension as 16 years have lapsed.

Answer: Once you are convicted and the penalty of your pension right is imposed, we are sorry to say that it is a penalty for life. Even after 16 years you are not entitled to a pension. However, nothing is lost in you appealing to the Public Service Commission (PSC) through the Department where you worked last.

Deduction of medical expenses for tax purposes

Question: The Daily News OPA column is very useful to the readers in general? My question is I am a 75 year old tax payer. I would like to know from the Inland Revenue Department whether medical expenses could be deducted from my Taxable Income by submitting the bills.

Answer: The answer to your question is regrettably no. You are not allowed to deduct any medical expenses from your taxable income. However, if you have a medical insurance policy, the premium paid by you towards such medical insurance can be deducted under qualifying payments. If your income is from a company then the company meeting your medical expenses can claim it from the tax payable by the company. If it is your own company you may benefit through the Company tax payable.

Legal Aid page celebrates third anniversary

The Daily News Legal Aid Page celebrated its third successful year on the January 13, 2009 by publishing a book containing questions and answers published in the Daily News during the past three years. This book is available at the Legal Aid Commission, Head Office at No.129, Hulftsdorp Street, High Court Complex, Colombo 12. The book is titled “Legal Aid Questions & Answers”. The price is 300

'Children in institutional care'