Elders Law amendment

Sri Lanka is one of the first countries in South Asia to enact an Elders' Protection Law when Parliament unanimously passed the Protection of Elders Law No.9 of 2000. On humanitarian non-partisan national issues like challenges the country faces with the fastest aging population in Asia, all political parties need to develop consensus which was achieved in Parliament in 2000 when enacting the Elders Law. The consensual spirit continued for few months when major parties joined the government in discussing a draft Constitution for the country but broke down when transitional arrangements were discussed.

The Elders Law laid the foundation for development of a progressive national policy on elders and on Elders Charter under the leadership of the National Council of Elders.

However, resource constraints have hampered meaningful implementation of the national policy in areas, such as developing a comprehensive social security system for senior citizens or convincing health and pharma authorities to develop easy accessibility policy to essential elders' drawings or getting the provincial councils in whose purview the empowerment of elders come to establish sufficient day care centers and hospices in the respective provinces.

The primary reason for the neglect of elders' issues in this country was the countries pre-occupation with 26 years terrorist war which threatened not only the aged but the very existence of 25 centuries old Sri Lankan nation as a single country.

The defeat of terrorism in May 2009, have now opened the door for the authorities to pay sufficient attention to an estimated 2.4 million elders in Sri Lanka. Sri Lankan elders have lost 26 years of their life span as they wee pre-occupied with their security and with safety of their kith and kin during that dark period and could breathe an unmitigated sigh of relief in their final decades of their lives.

An Amendment to the Elders Law after years of deliberation has been tabled in Parliament and is due for the second reading in the coming weeks. It is hoped that the amendment is enacted. The Amendment inter alia contains three important provisions. They are -

(1) Legal recognition of 10,000 village level Elders Committees which are the primary source of elders self empowerment.

(2) Legal recognition of the Elders Identity Card which entitles elders easy access to hospitals, post offices and other public places. The certificate would provide legal proof to obtain benefit from special interests program from the Banks such as the "Parinatha" scheme of the People's Bank and elders discount in pharmaceuticals offered by the Osusala.

(3) Prohibition of age based discrimination of elders with punishment to the offenders who flout the law.

These provisions are not earth shattering but will contribute to restore the dignity of 2.4 million elders. In the past, the political leaders with the exception of one or two have chosen to ignore the elders' voice previously.

That was perhaps the reason why the proposals by the National Council of Elders to increase the retirement age to 65 years or the proposal to provide a universal pension scheme for elders like in Nepal was summarily dismissed and laughed at by the technical advisors to the State.

It is not late at least to provide some financial security to the oldest of the old some 450,000 Sri Lankans who are over 80 years of age. The National Council resolved in its last meeting to recommend this humanitarian step to the authorities.

Public Legal Awareness Unit

LAC celebrates Universal Children's Day at Medawachchiya

In 1954 the United Nations General Assembly adopted a motion of a Grade 8 student, Rubab Mansoor, to declare November 20 as the Universal Children's Day to celebrate childhood all over the world.

Sri Lanka, in addition to launching child rights promotion activities on International Day for Children on October 01 initiates manifold activities to celebrate Children's Day by fostering mutual understanding among the children of different ethnic, religious and cultural backgrounds. The special national program 'Tharunyata Hetak' spearheaded by Namal Rajapaksa has conducted child empowerment programs even among the displaced children in the Vavuniya district.

The Legal Aid Commission conducts an annual child talent contest on Universal Children's Day. In 2008, 168 schools in the Southern Province participated and received prizes and recognition at the President's College at Hambantota. This year the LAC has shifted its programs to schools in Medawachchiya which include Sinhala and Tamil medium children. This will give the children of these schools the chance to develop their talents to full capacity and celebrate the childhood lost during the terrorist war and also afford an opportunity to display their undeveloped talents in speech, drama, art and writing contests. Thus the focus this year is on "Rediscovering childhood" which the children in the periphery of the conflict areas have lost over the past so many years.

The prize-giving will be held tomorrow at Medawachchiya Maha Vidyalaya under the patronage of LAC Chairman S.S. Wijeratne and Director-General Justice Hector S Yapa.

Questions and Answers

Public petitions

Question: As a responsible citizen of Sri Lanka, I would like to know -

(a) What is a public petition?

(b) How can public petitions be sent?

(c) The rules, if any.

Your kind reply would be greatly appreciated.

M. Justin,

Thalawathugoda.

Answer: (a) Any citizen could send a petition to Parliament for the redress of a grievance. The popularity of Public Petitions is evident by the large number of petitions received by the Speaker.

(b) The petitions have to be presented to the Speaker by a Member of Parliament through the Secretary General of Parliament. However, only private members (those who do not hold ministerial portfolios) can move public petitions. The petitions should be in respectful language and devoid of irrelevant statements. They should be clear and legible and conclude with a request mentioning the relief sought. The petition has to be duly signed by the petitioners and their full names and addresses should be included.

(c) The petitioners are not allowed to attach any affidavits or documents to their petitions. In a petition, no reference shall be made to any parliamentary debate. The Members who are in charge of the petitions must sign them before they are presented. Only private members (those who do not hold ministerial portfolios) can move public petitions. However, since recently even Ministers have submitted petitions.

Law of affidavits in Sri Lanka

Question: I want to find out the law relating to Affidavits in Sri Lanka and in what instances can Affidavits be used. Please explain.

P. Boteju,

Battaramulla.

Answer: The Law of Affidavits in Sri Lanka is covered by the Affidavits Act No.23 of 1953 and Oaths and Affirmation Ordinance Nos.9 of 1895, 22 of 1915 and Act No.13 of 1954, but the Ordinance does not define what an affidavit is. Therefore, one has to look into legal literature to ascertain a definition.

An affidavit has become a common document in Sri Lanka, and is known and used in various transactions in day to day life,

for instance when a child is to be admitted to a school the parents will have to tender an affidavit to prove that the documents tendered by them are true and correct, to the school authorities.

When a pawn receipt is lost the bank requires an affidavit to the effect that the document is lost and that the original cannot be found, and that the bank is indemnified in redeeming the article pawned.

An error in a birth certificate can be rectified, for limited purposes, by tendering an affidavit.

In law, an affidavit is a written statement that you swear is true, and that can be used in court.

Parliamentary questions

Question: I want to find out whether there is a procedure in asking questions in the Parliament? If so, the rules. Your kind reply would be greatly appreciated.

W. Sirimevan,

Nugegoda.

Answer: The vital role of Parliament is performed mainly by asking questions from Cabinet Ministers. A question may seek to obtain information or an assurance from a Cabinet Minister on matters for which he bears responsibility.

The procedure in asking questions is that the Member desiring to ask a question should handover the text to the Table Office in Parliament giving seven days notice to the Minister.

Rules

Before a question can be placed on the Order Paper, it must satisfy a comprehensive set of rules governing its content. Some of them are as follows:-

(a) It should either seek information or press for action.

(b) It must relate to a matter for which the Minister to whom it is addressed is responsible as Minister.

(c) It should be written in respectful language.

(d) It should not exceed one hundred and fifty words.

(e) It should not refer to any matter currently under adjudication by a court of law.

(f) A question fully answered must not be asked again during the same session.

According to the current practice 15 questions are listed on the day on the Order Paper and only three questions can be asked by any one member on any one day. Usually a period of approximately 30 minutes is set aside for questions. However, in practice this has turned out to be a 'flexi hour' and the Speaker would allow all questions to be raised and answered even though it would exceed the prescribed time limit.

Pension matter

Question: I am a Government pensioner. I have two unmarried daughters. One is mentally retarded and other girl is normal. My husband died five years ago. I have contributed to the W&OP benefits. I want to know, after my death, can I transfer my pension to my two unmarried daughters.

P. Samadara, Mahara.

Answer: If you are already a Government pensioner, under the W&OP Act your disabled daughter can get the disabled pension during her lifetime after your death. Your other unmarried daughter can get your pension till she is 26 years old.

Under the Pension Minutes and Circulars, widow of pensioner/ officer, unemployed unmarried female children who are less than 26 years, unemployed male children who are less than 26 years can get the W&OP pension.

Contributing to any pension scheme?

Question: I am doing a good job in a reputed company and would like to have a pension during my old age. I heard that the Social Security Board has introduced several pension schemes. Can I contribute to any one of those schemes? How can I get information regarding this matter?

S. Costa, Kaduwela.

Answer: The Social Security Board has introduced several pension schemes for those people who are not Government pensioners. You can contribute to any one of these pension schemes. If you need further details regarding this matter, you can get in touch with the Social Security Board at the following address:

Social Security Board,
Pension Scheme Unit,
LHP Building,
Nawala Road,
Nugegoda.

Is it possible to revoke a nomination made earlier?

Question: When I first obtained employment in a Private Company, I was unmarried. As such, I nominated my parents as nominees to receive my EPF benefits. I am now married. Will it be possible to revoke the nomination made earlier and nominate my wife? I await your kind advice.

P. Justin Gomez,

Kosgoda.

Answer: A member could revoke a nomination made earlier and Form "I" should be used for this purpose. If a subsequent nomination is required Form "J" should be perfected and forwarded to the District Labour Office situated in close proximity to the establishment.

Upon the marriage of a member, nomination made before marriage becomes cancelled and null and void. On the death of a nominee, the right of the nominee stands revoked.

If the nominee is a minor a trustee could be appointed to function on his behalf. Refund of benefits could be paid to him and when the nominated minor becomes an adult on completion of 18 years, the appointment of the trustee will automatically get cancelled.

On the death of a member without a valued nomination, the refund of benefits will be made to the heirs of the deceased member.

Contributions to EPF?

Question: My brother is working in a Mercantile Firm on a temporary basis after his return from abroad. He is holding an Executive post in the said Firm. I wish to know whether the nature of appointment/status of an employee affect contributions to the EPF? I await your kind reply.

G.S. Salgadu,

Colombo 9.

Answer: While the nature of employment or status is immaterial, employers have to make contributions to the provident fund in respect of employees who are permanent, non-permanent, temporary, apprentice, casual, working few hours with intermittent breaks and working less than a day. Contributions to the Provident Fund should also be made for those who are employed on piece rate basis, contract basis, commission basis or unit (output) basis although the payments made by cash or a by any other form. The payable contribution to the Fund has to be calculated upto the extent of the value of the payment to the member.

Decisions of Wages Boards

Question - I am told that decisions of the Wages Boards should be exhibited in the workplace for the employees to know their entitlements. Is this position correct? Please advise.

M. Ajith,

Minuwangoda

Answer - Yes. It should be exhibited. The notice showing the decisions should be substantially in Form II under Regulation 25 of the Ordinance.

Refund of benefits on grounds of marriage

Question - I hope to get married early next year and leave employment. Kindly let me know whether I will be eligible to receive refund of benefits? Also please let me know the procedure to claim same.

Your early reply will be greatly appreciated.

M. Ramona,

Kotikawatta

Answer - Women employee who ceases employment, under one of the two grounds given below, will become eligible to receive refund of benefits.

i. If marriage had been registered before the expiry of three (3) months from the date of cessation of employment, or

ii. Cessation of employment before expiry of 5 years after registration of marriage.

Female employees under these two categories become eligible for refund of benefits.

They should duly perfect Part 1 of the "K" Form and Part II of the Form should be duly certified by the Employer and forward with the following documents:-

(a) A certified copy of the Marriage Certificate issued by the Registrar of Marriage who registered the marriage or Marriage Certificate issued by the Additional District Registrar.

(b) A Certificate issued by the Grama Sevaka countersigned by the District Secretary to the effect that the marriage did take place.

Complaints against post office

Question: I am residing away from Colombo. My two children are abroad and very often they (children) send us parcels (small packages) from abroad. They also send us money through registered post. I have a bitter experience that some of the parcels sent to us have not been received by us. Please let me know where to complain and how complaints should be made in this regard. I await your kind reply.

P. Wilfred Gooneratne,

Veyangoda.

Answer: Complaints should, in the first instance, be addressed to the Postmaster of the office concerned, unless the matter complained of is of such importance as to call for an independent investigation. If the complainant is not satisfied with the action taken by the Postmaster or for other reasons desires an independent investigation, he should address the Chief Postmaster, Chief Telegraph Master or Divisional Superintendent concerned or the Postmaster General. Complaints on matters of special importance should always be addressed direct to the Postmaster General.

A list of Post Offices in the island will be found in alphabetical order in the Inland Post and Telecommunication Directory in Part II, and against each office, in column 11 is shown the Postal Division. The indicators in column 2 are explained on pages 1-5 of Part II of the "Post Office Guide".

Complaints made by the senders of registered or insured articles or by the remitters of Money Orders should be accompanied by copies of the receipts granted by the Post Office, and complaints from the senders of unregistered articles of the loss of the articles should furnish the certificate of posting, where one has been obtained, or such information as may be available to establish the actual posting of the articles, such as -

(1) the date and hour of posting,

(2) the locality of the letter box in which posted,

(3) the full address on the article, and

(4) the person by whom posted.

In many complaints it is found that articles entrusted to messengers or servants are never actually posted, or are not posted at the time believed, or that the posting is uncertain.

In all cases of loss of the contents of an article, the cover or wrapper should accompany the complaint, and a full description of the missing contents should be given; if the missing contents are currency notes, the serial letters and numbers and general numbers of the notes should be given. In all cases of damage to the contents of an article, the contents and the wrapper, cover, or package should accompany the complaint.

Complaints of delay in the delivery of articles should be accompanied by the original covers or wrappers.

In a complaint regarding the Savings Bank, the number of the Pass Book and the name of the office at which the first deposit was made should always be given.

Complaints of overcharge on articles, the delivery of which has been accepted, should be addressed to the Postmaster of the office of delivery, to whom the article should be taken or sent before it is opened.

Complaints regarding the wrong payment or non-payment of a Money Order cannot be attended to unless preferred within twelve months of the date of issue of the Money Order.

Other complaints cannot be attended to unless preferred within six months of the date of the occurrence to which they relate, of the date of its issue.