Legal aid commission

Lifetime gratuity for elders

Elders and Children's Day was celebrated islandwide on October 1 on a grand scale, Social Services Minister Felix Perera, presided over the two main celebrations in Colombo, one annually organized by the HelpAge and the other organized by Social Services Ministry.

The National Council of Elders setup under Elders Law No. 6 of 2000 which traditionally organized the International day for elders every October 1 even though legally in office until 2011 have not been called for meeting for the past 7 months.

The most significant statement made by Minister Felix Perera in both functions is that in keeping with the Presidential Policy indicated in Mahinda Chinthana Idiri Dekma, a monthly gratuity system would be implemented to cover all senior elders who are not in receipt of a monthly government pension.

This is a fundamental positive change in respect of income security for senior elders who are not in receipt of a monthly pension.

Sri Lanka would be the second country in South Asia after Nepal to adopt a near universal system gratuity for senior citizens of the nation. Provision of income security to senior elders is considered as a development and not merely a social welfare measure.

International financial institutions led by World Bank have conducted indepth studies on the subject in relation to Sri Lanka and other developing countries.

Minimum income guarantee for all senior citizens will generate economic activities which in the long run will lead to higher standards of living.

National Council of Elders

The National Council of Elders have advocated along with HelpAge Sri Lanka the need to introduce a minimum income generating system for Senior Elders for the past few years. HelpAlge Sri Lanka Chairman and Member of the National Council of Elders Deshabandu Thilak de Soysa had been Consistently vocal in advocating a Universal Pension Scheme for elders during the past few years.

Elders Desk - Legal Aid Commission

The Elders Desk of the Legal Aid Commission working with elders in all parts of the country, extends unreserved support to the Minister's Proposal to implement an all important progressive measure contained in the Presidential Manifesto.

Elders Legal Aid Unit in providing free legal advice to the elders islandwide has been the implementing arm through Magistrate's Court the decision of the Elders' Maintenance Tribunal when Children failed to support parents.

It is not melodramatic to state that a large portion of senior elders, specially women, live on the charity of their children and faces hardships for their very existence. Elders face harassment in silence as they have no alternative.

We take pride in the fact unlike in the developed countries over 80 percent of Sri Lankan elders live with their children when compared to less than 10 percent in developed countries.

National filial affection strengthened by Buddhist, Hindu culture may be the major reason for these phenomena but absence of an alternative for the Senior Elders to live in dignity is also an important contributive factor. The Legal Aid Commission carried out an indepth study on the state of senior elders who are over 80 years of age in Sri Lanka.

The survey results disclosed the dismal condition of the Senior Elders who were "unfortunate" enough to live beyond 80 years without income and health support.

The absence of a hospice system to support the final years of frail elders who in there youth contributed to the development of the country need to be addressed as a humanitarian measure.

The economic strength of the country may be measured by gross domestic production and per capita incomes. But the moral health of a nation is measured by how we treat our elders during the final years of their life cycle.

S S Wijeratne

[ Questions and Answers]

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 issued. Please explain.

Sadun Priyadarsana

Kalutara

Answer: The Law of Affidavits in Sri Lanka is covered by the Affidavits Act No. 23 of 1953 and Oaths and Affirmation Ordinance No. 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.

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

Defaulting payment to bank

Question: My daughter, a doctor by profession, stood as surety for a friend for a loan of Rs. 2,500,000. The friend had applied to a State Bank at Colombo. My dautghter's friend had neglected to pay her loan. In the event of borrower defaulting payment to the Bank, is the surety liable to settle the loan? Please advice.

M Herath

Matara

Answer: Your daughter has signed as surety for a loan which was granted by the Government Bank at Colombo. Now your complaint is that the borrower is neglecting to pay the said Bank and as such what is the responsibility and duty cast on your daughter.

If the borrower is regularly neglecting to pay the loan installments to the Bank, the said Bank will inform the borrower of such arrears of installments to be paid and settled within a specific period of time or immediately. If the borrower after receiving the notices and reminders from the Bank will send notice to your daughter informing that the borrower has neglected to pay the loan installments. Thereafter, your daughter can insist to the borrower to settle the loan installments immediately . If the borrower is unable to settle the loan as undertaken, the Bank has the right to file action against the borrower as well as your daughter in order to recover the said loan. In the event the borrower is not in a position to settle the loan, as surety, your daughter will be liable to settle the said loan to the Bank with interest and cost incurred by the Bank.

Divisional Secretariat services

Question: Please let me know what kind of services can be obtained by the Divisional Secretariat office?

Chanuka

Mahara

Answer: The following services can be obtained by any Divisional Secretariat.

Government Lands Activities Section

1. Providing a Government Land free of charge

2. Providing free Government Land developed unauthorized

3. Converting a Land Development Order (L.L. permit) to a Jayabhumi / Swarnabhumi grant

4. Providing Government lands on lease

5. Obtaining on lease, the unauthorized developed land

* Land Acquisition Section

1. Pay valued amount of acquired lands

* Institutional Section

1. Issue permits to fell trees

2. Obtaining Permits for transporting Timber

3. Obtaining Permits for transporting furniture

4. Issue of Liquor Permit

5. Issue of Pawnbrokers Licence

6. Issue of Income Statement

7. Issue of Conductor's Licence or Ticket Inspector's Licence

8. Providing Public Assistance (Pin-Padi)

9. Providing Assistance for illness

10. Providing Probation Assistance

11. Issuing equipment for the handicapped

12. Issuing Funds in case of emergency

13. Causal Relief fund (Natural Disaster)

14. Elderly and Child Welfare

15. Special Fund

* Birth/Marriage/Death Registration Section

Birth:

1. Issue of new birth certificate

2. Issue a copy of birth certificate

3. Make changes in the present birth certificate

Marriage:

4. Issue marriage certificate

5. Issue a copy of marriage certificate

Death:

6. Registration of death

7. Issue a copy of death certificate

* Vehicle Licence Section

1. Issue new vehicle licence (Three Wheeler / Motor Cycles)

2. Renewal of vehicle license

* Pension Section

1. Handling Civil Pension Schemes

2. Handling Widows'/Widowers' and Orphans' Pension Scheme

* Samurdhi Section

1. Appeal for Samurdhi relief

2. Handling complaints of wrongfully obtained Samurdhi relief

Free Government land

Question: I am a poor litigant who wishes to obtain a Government land free of charge. Please let me know what are the procedures.

Sadunika

Anuradapura

Answer: You can apply for Government land free of charge when the Divisional Secretary of the area announces that a Government land is to be distributed. In such instances you can meet the Divisional Secretary to obtain the Government land free of charge . You have to fulfill following requirements.

Eligibility

* Applicant should be a Sri Lankan

* Applicant should be married.

* The gross monthly income of your family must be less than Rs. 2500/-

* Applicant must be more than 18 years old

* Applicant should not be having his/her own land

* Should be living in that respective division for at least 5 years

You can obtain an application form from the Divisional Secretariat or can prepare an application form according to the Specimen application form which is published by the divisional secretariat.

Support documents required

- Grama Niladhari Declaration

- Birth Certificate

- National Identity Card

- Marriage Certificate

- Completed application form should be submitted to the respective Divisional Secretariat.

Procedure (Providing a Government land free of charge)

* The Divisional Secretariat announces the distribution of lands. Announcement will be published on public places (Schools, Post Offices etc.) with Interview dates and specimen Application form.

* Applicant can obtain an application form from the respective Divisional Secretariat or can prepare one according to the specimen application form published by the Divisional Secretariat.

* Applicant submits the application form to the Divisional Secretariat

* The Divisional Secretariat organizes a Land Kachcheri and selects applicants.

Note: Divisional Secretary of respective Divisional Secretariat, Grama Niladhari, voluntary service officers, members of political parties etc. will participate for the Land Kachcheri program.

* The Divisional Secretariat publishes list of selected applicants on public places.

* Divisional Secretariat provides L.D.O. (Land Development Order) to the selected applicants

* If any person makes an objection regarding the issue of free Government land, the respective Divisional Secretariat interviews the applicant and the claimer. If the Divisional Secretary is not satisfied, the applicant will be disqualified.

Note: Lands will be distributed according to the order of the selected applicants list. If applicants not satisfied with the allocation of land then land allocation will be selected through Lots.

Timber transport permits

Question: Please let me know how can I obtain a permit for transporting Timber?

Thangaiya

Thalawatugoda

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

Restricted timbers are as follows: Ebony, Kaluwara Ediriya, Satin, Hulanhik, Palu, Suriyamara, Gammalu, Halmilla, Milla, Pelen, Panakka, Kumbuk, Kohomba and Mee.

Permits for transport of Logs, Swen 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.

Eligibility

* Timber transported must be other than restricted varieties given above.

* The land from which the timber was obtained must be a private land.

Procedure

Obtain an application form

- Applicant must obtain an application form from Grama Niladhari.

Applications must be completed in all respects.

Support documents required

- Grama Niladhari Report

- Deed of the land

- Plan of the land

- Plan of the house or other buildings

- If jointly owned land, written consent of the other co-owners certified by the Grama Niladhari.

- If there is a Court Order, such written Order and

- If there is an Order of the Pradeshiya Sabha, such written Order

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.

Note

- Deed and the plan of the land are necessary to prove the ownership of the land

- Building / house plan is necessary to prove, that it may be damaged by the tree.

Complaints Against Post Office

Question: Please let me know where to complain and how complaints should be made against lost or damaged parcels by post. I await your kind reply.

Manatunga

Panadura

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.