Features | Online edition of Daily News

The Legal Aid Commission along with the UNDP and the Sri Lankan Womens Collective will jointly Celebrate the 100th Anniversary of International Women's Day on March 8, 2011.

Sri Lanka produced the first elected Woman Prime Minister in the World, Sirimavo Bandaranaike who is a respected woman all over the world.

In the week leading to March 8, 2011 , the LAC would be organizing events to celebrate Sri Lankan Women who are among the worlds best achievers in terms of education and literacy.

The week long ceremony will be celebrated through out Sri Lanka, through 63 Legal Aid Centres from Jaffna to Hambantota and will culminate in a Women's Solidarity show in Kuliyapitiya presided by Prime Minister D M Jayaratne. Respected female leaders from the Judiciary, Universities, administration and the Business World will make presentations.

Sri Lankan Women's extraordinary achievements should be celebrated in 2011, as, according to international experts ,Sri Lanka women have surpassed the achivements of women even in the developed countries.

The Compilers of the Legal Aid Page have selected four Sri Lankan women from different nationalities, who have inspired the women of Sri Lanka. There are countless other women leaders starting from Sangamitta theri who have developed the female ethos of the Sri Lankan women. Their saga should be left to the more competent hands of a gendee historian.

Certificate Course for Management Assistants

The certificate course on Shipping Law and Practice was held at the Arbitration Centre on January 23. Here Ceylon Chamber of Commerce Secretary General CEO Harin Malwatta addressing the gathering. ICLP Council Member K Kanag-Isvaran PC, Chairman of the Faculty Justice PA Ratnayake, Council member and ICLP Course Director S S Wijeratne and ICLP Council Member Dr Harsha Cabral PC Were also present. Picture by W Chandradasa

The Legal Aid Commission of Sri Lanka, in collaboration with A2J project of the UNDP has decided to conduct the above program for the Management Assistants serving the LAC, in order to improve their capacity in assisting the Legal Officers of the LAC. The Three-Four Month Course will be inaugurated today, February 12 at 9 am at the Law College Premises, and will be thereafter conducted on Saturdays. Since its establishment in 1978 by Law No. 27 of 1978, the Legal Aid Commission of Sri Lanka has been the sole statutory agency ensuring equitable access to justice and improving legal awareness among people. Today the quality of service provided by the LAC in the form of ensuring equal access to justice and improving legal awareness among people is comprehensive with 63 Court - Based Centers Islandwide, manned by Legal Officers and Management Assistants. The activities of the LAC are naturally legal - oriented and mainly handled by the professional Attorneys -at - Law of the LAC. However, they get the assistance of the Management Assistant Staff attached to the Head Office and Regional Centers of the LAC for these activities.

Question: Please let me know if it is an offence to publish the name or any matter which may make known the identity of any person in relation to rape or sexual harassment cases?

Answer: Yes, under the Penal Code it is an offence to publish any matters relating to sexual harassment (se 345), procuration (360A) sexual exploitation on children (360B), rape (363), Incest (364A), unnatural offences (365A) and grave sexual abuse (365B).

Under the Penal Code Section 365 states that whoever prints or publishes, the name or any other matter which may make, know the identity of any person against whom an offence under Section 345 or Section 360 A or Section 360 B or Section 363 or Section 364 A or Section 365 or Section 365 A or Section 365 B is alleged or found to have been committed (hereinafter in this section referred to as "the victim") shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.

(2) Nothing in subsection (1) shall apply to the printing or publication of the name, or any matter which may make known the identity, of the victim, if such printing or publication is (a) by or under the order of the officer-in-charge of the police station or the police officer, making investigation into such offence, acting in good faith for the purpose of such investigation or (b) by or with the authorization in writing of the victim; or (c) by or with the authorization in writing of the next-of-kin of the victim where the victim is dead or parent or the guardian of the victim, where the victim is a miner or is of unsound mind; Provided no such authorization shall be given by such next-of-kin to any person other than to the Chairman, Secretary or Manager, how to ever described, of any welfare institution or organization recognized by the State. (3) Whoever prints or publish any matter relation to any proceedings in any Court with respect to an offence referred to in subsection (1), without the previous permission of such court, shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. But the printing of a judgment of the Court of Appeal of the Supreme Court does not amount to an offence within the meaning of this section.

Land Development Ordinance

Question: Please let me know how to dispose of State lands under the Land Commissioner Generals Department?

Functions of issuing lands to people belonging to the farmers' class, low income groups, higher income groups and educated youth for agricultural or residential or for both of these purposes are carried out through this Ordinance. Lands are not issued for any other purposes under this Ordinance.

Under the land Reform Act, lands belonging to the Lands Reform Commission are issued to people belonging to the farmers' class for agricultural or residential or for both of these purposes. Lands are not issued for any other purpose whatsoever, under this Act

Issuing lawful ownership documents

Question: Please let me know what is the Procedure of Issuing Lawful ownership documents for disposed State Lands under the Land Commissioner Generals Department of Sri Lanka?

This is issued only to the members of the Farmers' Class under Section 19(4) of the Land Development Ordinance. Recipients of the lands are selected through Land Kachcheries. Here there is a system of allocating marks according to the annual income. A Service Charge of Rs 100 is charged for the preparation of Deed. This Deed could be transferred and mortgaged after obtaining the prior permission of the Divisional Secretary concerned. Transfer could be done only among members belonging to the particular income group.

These Grants are issued to those persons who have been selected under the Lands Grants (Special Provisions) Act No:43 of 1973. The land should have been well developed to receive this Grant. No service charge is levied for this Grant. The process of preparing this Grant is same as Ranbima Grant.

Middle Class Grants

Under the Land Development Ordinance, these Grants are issued in respect of lands given to people belonging to higher income group. Under this scheme, lands with more than 5 acres in extent have been given. These Grants could be received only after having completely paid all due charges to the State and after having developed the land well.

This Grant is issued under the Land Redemption Ordinance. This could be obtained as a free Grant without any conditions, after the owner or heirs paying to the State the money and the interest thereof incurred by the State in acquiring the Land

Issue of long term lease permit

Lease permit is issued under the State Land Ordinance No. 8 of 1947. Long Term Lease for a period of 30 years is issued for individuals and institutions for the purpose of Residence, Agriculture and Commerce. The lease period could be extended up to 50 years in case of special projects. If the original period of lease was successfully maintained, lease period could be extended. This Permit could be transferred or mortgaged after obtaining prior permission from the Land Commissioner General.

Issue of Grants under State Land Ordinance

For special reasons, Grants could be issued after obtaining the approval of His Excellency the President. No money is charged. Issue of lands to different State organizations for special social service oriented projects and issue of alternate lands in lieu of acquired private lands by the State where compensation was not paid, are examples of such special Grants.

Special Grants under State Land Ordinance

For special reasons, Grants could be issued after obtaining the approval of His Excellency the President. No money is charged. Issue of lands to different State Organizations for special social service oriented projects and issue of alternate lands in lieu of acquired private lands by the State where compensation was not paid, are examples of such special Grants

Issue of Pooja Deed under State Land Ordinance

This is issued for Viharas. In the first instance a Primary Lease Bond is issued for the Board of Trustees. Later a releasing Grant is issued in favour of the Viharadhipathi and disciples in succession.

Lands are transferred to the three armed forces and Local Government Institutions. Vesting Orders have to be prepared for this purpose

A releasing certificate is issued for the lands released for Government Departments.

Passport

Answer: If your passport has been lost or stolen you should immediately report it to the nearest Police Station and forward a copy of the police report to the Controller General of Immigration and Emigration. If applying for a fresh passport, this police report must be submitted along with the Application form.

Fine for loss of a valid passport (M series passports are considered valid for 10 years from the date of issue) A fine of Rs 10,000 will be imposed.

Spot fine

Question: My friend has been issued with a spot fine. Where my friend should pay the fine to obtain his driving license

Answer: A spot fine has to be paid to any post office within fourteen days. The receipt of payment along with a temporary driving licence should be handover to the Police Station before completion of fourteen days to obtain your driving licence.

Traffic offence

Question: I sold my vehicle two years ago. I have been issued with summons to appear in Courts for a traffic offence what am I to do?

Answer: The registered owner shall, within 14 days after such change of possession, forward to the Registrar a statement in the prescribed form together with the revenue licence for that Motor vehicle and shall deliver to the new owner the certificate of registration relating to the motor vehicle. In this instance you have contravened the Motor Traffic Act No. 12:2. Hence, you have to appear before Court and explain the facts with a help of an Attorney at Law.

Tinted car shutters

Answer: Use of tinted glass are appended in Government Gazette No. 875/08 on 16.06.1995 and Gazette Number 1273/28 on 31.01.2003.

If windscreen and the two shutters besides the driver are tinted, it is an offence. However 20 percent tinted glass could be used only on the top portion of the windscreen.

Sri Lankan Citizenship for foreign spouses

Question: My brother is a Sri Lankan. He married a German lady last year. How can she obtain Sri Lankan Citizenship. What are the documents required to be submitted with the completed application form?

Answer: If you are a foreign spouse or a widow of a Sri Lankan citizen who has been resident in Sri Lanka for a period of not less than one year immediately preceding the date of the application, your brother's wife is qualified to apply for Sri Lankan Citizenship.

You can obtain an application form from the Head Office of the Department of Immigration and Emigration, Ananda Rajakaruna Mawatha, Colombo 10, Sri Lankan Mission in the country of residence.

The applicant must call in personally at the Head Office of the Department of Immigration and Emigration with the duly completed application form and the necessary supporting documents with copies thereof.

Department of Immigration and Emigration branches

Question: Please let me know where the branches of Department of Immigration and Emigration are situated?

Intellectual property

Question: Please enlighten me on the concepts of intellectual property. What is the law relating to Intellectual Property in Sri Lanka.

Intellectual Property means the rights resulting from the creations of the human mind. It generally embraces the rights relating to

(a) literary and artistic works such as novels, poems and plays, films, musical works, computer programs, databases, drawings, paintings, photographs and sculptures and architectural designs;

(g) all other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields such as lay-out designs of integrated circuits, new varieties of plants (breeder's rights), Geographical Indications and undisclosed information including trade secrets.

(i) Industrial Property which includes patents for inventions, trademarks and service marks, industrial designs and Geographical Indications and

The rights of performing artists, producers of sound recordings and broadcasting organizations are known as the related rights or neighbouring rights.

Intellectual Property rights share the characteristics of other property rights - they can be owned, alienated and licensed. They allow the creator or owner of a patent, trademark, or copyright etc. to benefit from his or her own creative work. These rights have been recognized in several international conventions on Intellectual Property. The current Intellectual Property system in Sri Lanka is governed by the Intellectual Property Act No 36 of 2003 which makes provisions for a variety of Intellectual Property rights and their acquisition, management and enforcement.

The National Intellectual Property Office of Sri Lanka established under this law is the Government department, which is responsible for the administration of the intellectual Property System in Sri Lanka.

Pension

My brother is a widower who is getting his wife's W&OP payments from the Pension's Department. He is 40 years old and has decided to remarry. I want to know whether if he remarries that his pension can be stopped by the Pension's Department.

Under the pension minutes and circulars your brother can get the half salary of the previous pension. The new provisions has been introduced by the Pension's Department by the Widow's and Orphans (Amendment Act No. 09 of 2010. According to the Act No. 18 states as follows:

18. (1) The widower of a contributor shall in his re-marriage receive as pension after the date of such subsequent marriage-

(a) half the amount of the pension which he was receiving at the time of such subsequent marriage; or

(b) where he was entitled to receive a pension but was not in actual receipt of the same, half the amount he was to receive in his capacity as a widower prior to such subsequent marriage.

(2) The children of the first marriage of the widower shall receive the remaining portion of the pension received by the widower, after payment to the widower is made in terms of paragraph (a) or (b) of subsection (1).

(3) Where the spouse of such subsequent marriage is a contributor under this Act and where such widower becomes entitled to receive a pension upon the death of such spouse in respect of the contributions made to the Pension Scheme by such spouse, the payment of such amount as he was receiving as pension in terms of paragraphs (a) and (b) of subsection.

(1) shall be terminated with effect from the date of death of such spouse of such subsequent marriage:

Provided that, where the payment of the pension is terminated as provided above, the children of the first marriage of the widower shall, as from the date of death of the spouse of their father's subsequent marriage, be entitled to receive the share they were receiving in terms of subsection (2) and the amount which their father was receiving in terms of subsection (1), prior to such termination: Provided further that, in the event of the dissolution of such subsequent marriage, the widower shall be entitled to receive as pension the half share he received in terms of subsection (1) and the entitlement of the children under subsection (2) remains unchanged."

Question: Please let me know the procedure of the registration of contractors, surveyors and levellers under the urban development authority (UDA) in Sri Lanka

Answer: The applications are invited from reputed contractors, surveyors and Levellers who wish to register themselves with Unban Development Authority in following category:

Registration for Building Construction will be done under the following categories:

Companies or individuals, who wish to register for Construction Contracts, Surveying and Levelling Services should register separately for the above categories.

1. The applications should be enclosed in a sealed envelope clearly marked 'Registation of contractors, surveyors & levellers for the year 2010' on the top left hand corner and forwarded under registered cover addressed to 'The Chairman, Urban Development Authority, 'Sethsiripaya', Battaramulla on or before 23rd December 2009'.

2. The Authority reserves the right to accept or reject any application for registration without assigning any reason.

3. Those who wish to register under the above categories a non-refundable registration fee of Rs 1,500 plus VAT at 12 percent should be paid in respect of each category. The payment should be made by cash to the Cashier at UDA Head Office, Finance Division, 6th floor, Sethsiripaya, Battaramulla or a bank draft written in favour of 'Chairman, Urban Development Authority'. Bank draft or the receipt issued by Cashier UDA for cash payment should be forwarded along with the duly filled and signed application form.

4. Contractors intend to get registered under any of the above categories are required to furnish a list with documentary proof of similar contracts completed satisfactorily during the last five (05) years with details of magnitude of the project.

5. Those who wish to get registered under category A, B and C must also produce updated ICTAD Registration in the grades as shown below:

The financial limits of the ICTAD Registration scheme will be followed when selecting the contractorsfor inviting bids and awarding the contracts.

6. If any contractor wishes to submit their applications by hand, they can hand over the application to the Supplies Unit of this Authority on or before the closing date.

7. Application forms will not be issued and applicants are advised to submit the applications drawn up as per the specimen below or specimen application forms may be obtained from Urban Development Authority web site, http://www.uda.lk.

Compiled by Kalani A Medagoda,AAL

International Women's Day Centenary