Legal aid commission

Seminar

A seminar on ‘Alternative dispute resolution methods’ will be held on March 26 from 9 a.m. to 4 p.m. at the ICLP Arbitration Centre, No. 61, Carmed Place, Colombo 3. ICLP Arbitration Secretary General and Alternative Dispute Resolution Institute S. S. Wijeratne will speak on ‘Negotiation’.

Justice and Law Reforms Ministry, Additional Secretary Kamalini de Silva will speak on ‘Principles of Mediation and Relevent laws (Community mediation, mediation (Special categories and Disputes) Act, mediation for commercial disputes and construction disputes’).

Retired Mdiator trainer Yasapala Silva will speak on ‘Mediation process’.

Senior State Counsel of the Auditor General’s Department Arjuna Obeysekera will speak on Arbitration (Institutional and adhoc arbitration, party autonomy, Arbitration Act No. 11 of 1995 with special focus on Finality of Award and challenge and Enforcement of Award). Contact Ishara on 2346163, 2346164, 0775375998 or [email protected]

Seminar on Insurance Law

A seminar on Insurance Law will be held at the ICLP Arbitration, No. 61, Carmel Place, Colombo 3 on March 23 from 2 p.m. to 5.45 p.m.

The introduction will be by ICLP Arbitration Centre Secretary General S.S. Wijeratne.

Insurance Ombudsman of Sri Lanka Dr. Wickrama Weerasooria will speak on Insurance Industry – Does it cater to the current needs?

Sri Lanka Insurance Corporation Ltd Assistant General Manager, Legal Mahen Peiris will speak on Insurance Brokers, Insurance Companies, Insurance Agents.

Insurance Board of Sri Lanka Legal Director Damayanthi Fernando will speak on ‘Regulation of Insurance Industry Act No. 43 of 2000 – Its operation and Regulatory Mechanism’ and senior Attorney- at-Law Uditha Egalahewa will speak on Insurance Disputes and Rights of Claimants’.

Contact Ishara on 2346163, 2346164, 0775375998 or [email protected]

Legal Aid centre at Kaduwela

The Legal Aid Commission Centre at the Kaduwela Courts will be opened at 3 p.m. today.

The Kaduwela Magistrates and District Courts are two of the busiest Courts in the suburbs of Colombo catering for indigent litigants in the area.

The Kaduwela Legal Aid Centre will be supported by Access to Justice Program of the UNDP. Judicial Service Commission Secretary Prasantha de Silva, District Judge Ravi Ranaraja, Additional District Judge/Magistrate Sujatha Alahaperuma and Additional Magistrate/Labour Tribunal President Priyadarshani Herath will be participating in the opening ceremony.

UNDP Access to Justice Project Director Malkanthi Wickramasinghe and National Project Coordinator Sharmeela Rassool will participate in the opening ceremony.

Kaduwela Bar Association President S. Samarakoon AAL, Members of the Bar and Legal Aid Commission Chairman S.S. Wijeratne and Director General Hector S. Yapa would also be present.

Shiromi Perera AAL will be the Legal Officer in charge of Kaduwela Legal Aid Centre.

More women for Parliament

Women in Parliament
Country Seats Women %
Maldives 77 5 6.5
India 543 58 10.7
Bangladesh 345 64 18.6
Sri Lanka 225 13 5.8
Pakistan 338 76 22.5
Singapore 94 23 24.5
Nepal 594 197 33.2

On March 8, 2010, the Indian Upper House of Parliament approved legislation guaranteeing 33 percent of Parliamentary representation to women. The Lower House and the majority of State Legislatures are expected to approve this historical gender empowerment step of the Indian Legislature. Congress Party President Sonia Ghandi and Indian Prime Minister Manmohan Singh, gave leadership for this historical initiative.

India is the fourth country in South Asia to adopt legislation to politically empower women in South Asia. Pakistan, Bangladesh and Nepal have adopted legislative measures to ensure adequate female representation in their legislatures.

The chart shown depict the comparative situation of women representation in South Asian countries.

Sri Lanka, which is boastful of producing the world’s First Woman Prime Minister and elected a woman as President twice has come last among the Asian countries in sending women to Parliament. This is not a proud fact for a Country with 52 percent female population and 57 percent female voting population. Except for a few brave female politicians who mostly inherited politics from there fathers and husbands, Sri Lankan women representing in the legislature is woefully inadequate when compared to their population and important roles they play in other social- economic sectors of the country.

Partly, the fault lies in women themselves. Talented women leaders in professional and business sectors eschewed politics as a dirty game only suitable for strong males. Educated Sri Lankan women have rejected politics as an unsuitable calling adversely affecting their female sensibilities.

This attitude needs to be changed drastically as the educational, professional, and economic achievements of Sri Lankan women are the highest in the region, the gender parity index of the world. Sri Lanka was placed 14th, above the developed countries such as the US, Japan and Italy. Our women are the main foreign exchange earners of the country. They are the leading professionals in teaching and form the majority of students in Law College and the Universities.

Sri Lankan women should receive reasonable representation in Parliament in a future Constitutional amendment. The Provision of 33 percent of legislative seats to be allocated to women is a suitable compromise even though women form 57 percent of the electorate. The elected representatives and civil society organizations need to advocate this vital change. The Legal Aid Commission which advocates equal access to Justice will support a program for the Parliamentary empowerment of women in our country.

- S. S. Wijeratne

Questions and Answers

Deduction of gratuity

Question: I have resigned from service as an Accountant from a leading company in Colombo where there are two hundred employees. I have to my credit 30 years service. The company in computing gratuity has deducted Rs. 200,000 for damage to company property as loss of goods or articles. I complained to the Commissioner of Labour. He is unable to help me. Can I seek relief from the Labour Tribunal?

L.L. Thilakaratne, Marawila

Answer: No. The Labour Tribunal can decide only on the forfeiture of gratuity if your services have been terminated for reasons of -

I. Fraud

II. Misappropriation of Funds of employer

III. Willful damage to property of employer

IV. Causing loss of goods, articles or property of employer. Section 13 of the Payment of Gratuity Act No. 12 of 1983 specifies the above. You have resigned and hence you cannot seek relief from Labour Tribunal.

Surcharge

Question: I have to my credit 35 years service. I will be reaching 55 in October 2010. Contributions to EPF were delayed during the period prior to 01.01.1981 when the rate of contributions was increased to 12 percent by employer and 8 percent by employee and surcharge were 5 percent to 50 percent. I would like to know the rate of surcharge prior to 01.01.1981.

Answer: From 01.12.1958 to 31.12.1970 the surcharge was 10 percent. From 01.01.1971 to 31.12.1980 the rate of surcharge was as follows.

I. Not exceeding one month - 10%

II. One month to three months - 15%

III. Three months to six months - 20%

IV. Over six months - 25%

Claiming of gratuity

Question: I was employed in a Company which had 30 employees for the last five and a half years. This company has sold its business to another company which has offered me employment as a fresh hand. Can I claim gratuity? Who has to pay gratuity to me?

Answer: Your former company has to pay your gratuity.

Office Employees Act

Question: What are the establishments exempted from the Shop & Office Employees’ Act?

Answer:
I. Establishments where service is done but no sale takes place Eg. Shoe repair shops, Motor and cycle repair shops.

II. Tutorial staff of an educational establishment.

III. Watchers (Caretakers are covered).

IV. Any business carried on by an undertaker in connection with funerals.

V. Any bazaar or sale for charitable or other purposes from no profit is derived if such bazaar or sale does not go on for a period longer than one month from the date of commencement thereof.

Permits for transporting timber

Question: Please explain how to obtain a permit for transporting timber? And what are the documents required?

Answer: A permit to transport restricted timber must be obtained from the Conservator of Forests. Divisional Secretariats issue permits only for transporting unrestricted timber.

Permits for transport of logs, sawn timber, poles, fencing poles, firewood, new furniture, window frames, window slabs, door frames, door slabs, of other timber (other than restricted varieties referred to above) can be obtained from the Divisional Secretariat.

Submission procedure:

Obtaining application form.

Applicant must obtain an application form from Grama Niladhari.

Application must be completed in all respects.

Application form

Application for a permit to transport timber / new furniture / used furniture.

Support documents required:

- Certified copy of the Deed/Grant Certificate/Permit folio of the land from which timber was obtained.

- If the land from which timber was obtained adjoins an undivided Government land/Reserve, the original Survey Training plan of the land.

- If the timber was obtained at an Auction the Receipt thereto.

- If the timber was purchased, Receipt certified by the Grama Niladhari.

- If the timber is a donation, the said letter and the Certificate of the Grama Niladhari.

- Permit for felling the timber.

Hand over application form

- Completed application form should be submitted to Grama Niladhari. Thereafter the Grama Niladhari will handover the application form to the respective Divisional Secretariat.

Deed of the land are necessary to prove the ownership of the land.

Step by step procedure (obtaining permits for transporting timber)

Step 1: Applicant obtains an application form from the respective Grama Niladhari.

Step 2: Applicant submits completed application form to Grama Niladhari along with required documents and relevant payments.

Step 3: Grama Niladhari prepares a report and attaches to the application form.

Step 4: Grama Niladhari hands over the application form and other documents to the respective Divisional Secretariat.

Step 5: Divisional Secretariat sends the application form and other documents to the Forest Department.

Step 6: Conservator of Forests carries a field visit and prepares a report stating the approval or refusal. Then send the report to the respective Divisional Secretariat.

Step 7: The Grama Niladhari obtains the permit from the respective Divisional Secretariat with making relevant payments.

Assistance for illness

Question: My wife is very sick and we have no means to take her to a private hospital. She has Tuberculosis. Can I get assistance from the Divisional Secretariat, if so, how can I get the assistance from the government and please explain the procedures and what is the eligibility to get assistance.

Answer: Yes, you can get assistance from the Divisional Secretariat the eligibility and the procedures are as follows.

1. People suffering from Tuberculosis, Cancer, Leprosy or Thalassaemia.

2. People who are poor having a very low family income.

1. Submission procedure

1) Visit Grama Niladhari and obtain application form

* The applicant must submit a request letter to the Grama Niladhari, stating the reason for his or her request for assistance for illness.

Note: The applicant can obtain this service directly from the Divisional Secretariat (Institutional Section).

* On Approval by the Grama Niladari for assistance for illness, the Applicant must obtain a ‘SS/TB/3’ form issued by the Grama Niladhari.

2) Support documents required

* Request letter

* A medical certificate obtained from the relevant Government Hospital

1. The medical officer must state the period of illness in this Medical report.

2. In case of leprosy, this report must be from the Anti-leprosy campaign.

3) Submit application form

* The applicant has to fill and submit ‘SS/TB/3’ to the Grama Niladhari.

* The Grama Niladhari gives his/her recommendation and hands over application form along with the medical report to the Divisional Secretariat Office.

The applicant is required to fill and submit this application form either directly to the Grama Niladhari or Divisional Secretariat Office (Institutional Section).

Domestic violence against women

Question: My sister is harassed and ill-treated by her husband, but she does not want to divorce him.

I would like to know the offences that are stipulated in the Prevention of Domestic Violence Act No.34 of 2005.

Karunawathi, Kandy.

Answer: Thank you very much for reading our page. The offences specified in Schedule 1 of the Prevention of Domestic Violence Act No. 34 of 2005 are given below:

Schedule I

1. (a) All offences contained in Chapter XVI of the Penal Code and its amendments (beginning from Section 293 to 365).The relevant section are quoted below:

Section 293 - Culpable homicide

Section 294 - Murder

Section 295 - Culpable homicide by causing the death of a person other than the person whose death was intended.

Section 298 - Causing death by negligence.

Section 299 - Abetment of suicides.

Section 300 - Attempt to murder.

Section 301 - Attempt to commit culpable homicide.

Section 303 - Causing miscarriage

Section 304 - Causing miscarriage without women’s concern.

Section 308 - Cruelty to children

Section 311 - Grievous hurt

Section 330 - Wrongful restraint

Section 331 - Wrongful confinement

Section 340 - Force

Section 341 - Criminal force

Section 342 - Assault

Section 345 - Sexual harassment

Section 353 - Abduction

Section 350 - Kidnapping

Section 363 - Rape

Section 364 - Incest

Section 365 - Grave sexual abuse

1. Extortion Section 372 of the Penal Code “Whoever intentionally puts any person in fear of any injury to that person or to any other and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion”.

2. Criminal intimidation Section 483 of the Penal Code “whoever threatens another with any injury to his person, reputation or property or to the person or reputation of anyone in whom that person is interested with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation”.

3. Attempt to commit any of the above offences.

(a) Any emotional abuse, committed or caused by a relevant person within the environment of the home or outside and arising out of the personal relationship between the aggrieved person and the relevant person; ‘emotional abuse’ means a pattern of cruel, inhuman, degrading or humiliating conduct of a serious nature directed towards an aggrieved person.

If you need any legal advice in the matter, you could visit our Head Office at No.129, Hulftsdorp Street, High Court Complex, Colombo 12.

Loss of original power of attorney

Question: My brother gave me the Power of Attorney in respect of their properties. I have now lost the original Power of Attorney given to me. However I have a copy of the same. The Power of Attorney was registered in the Colombo Land Registry.

Please advice me whether I could obtain the Power of Attorney and how can I obtain it?

Tusitha Kumari, Ragama.

Answer: You cannot obtain the original Power of Attorney again. The procedure is after signing the Power of Attorney, the original is given to the respective parties and the relevant Land Registry may keep the copy of the said power of attorney.

In order to get a certified copy of the Power of Attorney, you have to write a letter to the relevant Land Registry explaining your reasons. If you have a photocopy of the said document you have to attach the same and apply for a certified copy of the power of attorney together with stamps to the value of Rs. 111 (100x10x1). The relevant Land Registry will thereafter issue you with a certified copy of the Power of Attorney.

W&OP payments after second marriage

Question: At the moment I am getting W&OP pension. I am hoping to get married again in the near future. I wish to know whether I would be entitled to my husband’s W&OP pension after marriage?

Ganga, Ratmalana.

Answer: No. You will not be entitled to your husband’s W&OP pension after you get married. The Pensions Department is now in the process of making amendments to overcome this issue to a certain limit.

Issuing equipment for the handicapped

Question: I am a handicapped person, please let me know the Procedure that I should follow in obtaining an equipment from the Divisional Secretariat?

Anjana, Panadura.

Answer: You (an applicant) must submit a request letter to the Divisional Secretariat.

An applicant can apply only for the below stated instruments.

* Tricycle

* Wheelchairs

* Calipers

* Artificial limbs

* Spectacles

* Hearing Aid

* Clutches

* Walking sticks/blind canes for the blind people

The Social service officer interviews the applicant

If the Social Service officer is not satisfied with the request, the applicant will be disqualified.

Upon selection the Divisional Secretary approves application and hands it over to the Ministry of Social Services.

Applicant can collect equipment from the Divisional Secretariat office after they are informed by the Divisional Secretariat office via post.

Disclaimer

The answers to questions are the legal views of individual lawyers and the Legal Aid Commission only compiles them for the Daily News Legal Aid Page.

Your questions should be addressed to - Daily News Legal Aid Page, Chairman, Legal Aid Commission, No. 129, Hulftsdorp Street, Colombo 12.
Email:
legalaid.dailynews@ gmail.com
Website: www.lawaid.org