Citizens' mail
In most countries the law provides for recovery of possession of
immovable property where there is formal lease or a tenancy agreement
entered between the Landlord and the Tenant. Where parties enter into a
lease the undermentioned facts cannot be disputed:
1. The Lessor is the owner of the property
2. The Lessee/Tenant occupies the premises on certain conditions like
the payment of a monthly rental and for a fixed term.
3. He agrees to vacate the premises at the expiry of the term.
4. The Lessee/Tenant cannot claim title to the property, These facts
cannot be disputed. The Law should provide procedure to permit the
Lessor/Landlord to recover possession without filing a Regular Civil
Action in the District Court. In the event of Appeals the case could
take eight to 10 years. This paralyses economic development. Land owners
are reluctant to lease immovable property even on a formal Lease
agreement because ultimately they might have to go through a protracted
Civil litigation.
In India one can apply for a writ of possession in the first instance
by filing in the lease agreement and an affidavit at the expiry of the
Lease. In Sri Lanka the State has made provision for recovery of
possession of Government Quarters and State Lands but the private land
owners are helpless.
The Law is clearly discriminatory as the State and the private
citizen are not on a level playing field. The law provides for
preferential treatment where property is owned by the State. The right
Equality and non discrimination is violated by the said enhancements.
The landlord should help development and its imperative that provision
should be made for landlords to obtain possession with the least expense
and delay.
The impact on the economy of passing such a law would be enormous.
There will be a construction boom. People will build houses, office
complexes as they will have no fears of recovering possession of their
property. Various categories of professionals and workers will find
employment such as surveyors, architects, engineers, contractors,
electricians, plumbers and unskilled labourers.
The workload in the District Court will be reduced. This is one way
of activities the economy and providing a better housing stock and
employment for the people. A 10 percent growth rate is possible if some
of the archaic laws which obstruct development are repealed and amended.
It is relevant to observe that where the Government (State) owns
immovable property two laws provide for speedy recovery of possession
namely:
* The Recovery of possession of Government Quarters Act
* The Recovery of possession of State Lands Act
Under both laws notice is given to the occupier and thereafter an
application is made to the appropriate Magistrates Court for a writ to
be issued to the fiscal, who will act in terms of the law and eject the
occupant and handover possession to the State. Under both laws the only
defence the occupant has, is to prove that he is in occupation on a
valid permit from the State.
A protracted inquiry is not contemplated. The first law is used to
eject public servants who have retired and MPs who have lost the
elections who continue to occupy the quarters.
It should be observed that the rent laws do not apply to houses owned
by the Commissioner of National Housing, the National Housing
Development Authority and to houses owned by local authorities.
Therefore the law is discriminatory and the private citizen who holds
immovable property has to file a regular civil action to recover
possession which may even take seven years. Therefore there is an urgent
need for a law to be enacted (this is available in other Countries) to
enable landlords to obtain possession in the same manner that the State
recovers possession of immovable property.
The right to equality and non-discrimination should not be violated
by giving preferential treatment to the State in respect of movable
property owned by the State. Needless to say that the enactment of such
a law will "jump start the economy" and give rise to a construction boom
which will in turn give rise to a larger housing stock and thus bring
down rents and provide employment. The enactment of such a law is
compatible with the right to own property which is a fundamental right
in other jurisdictions.
Anton Fernando
Considering the numerous problems our country's education system
appears to be beset with and the media attention given them, almost on a
regular basis, time is opportune, I believe, for the Government to
seriously consider the appointment of an Education Commission, possibly
in the lines of the Kannangara Commission of the 4OS, to inquire into
and report on the issues involved, recommending, of course, possible
reforms.
Such a commission should be mandated with comprehensive references
covering areas such as the existing structure of the school system
ranging from pre-school, primary and junior to secondary levels, school
admissions, scholarships, issue of text books, school uniforms,
curricular contents, extra curricular activities, school hours and
mid-day meals, educational administration, appointment, promotion,
transfer and disciplinary matters of teachers, their professional
training, aesthetic education, expansion of English Language learning
and IT education, technical/vocational training, private schools and
private enterprise in education, provision of infrastructure facilities
etc.
The commission should be composed of the highest qualified in
education, academically and professionally available in the country and,
if necessary, the services of foreign experts so qualified my be
enlisted in consultative or advisory capacities.
The status of the commission should be on par with such other
commissions as the Public Service Commission and remain permanently as a
statutory body to advise the Education Minister.
The commission's initial tasks would be to find solutions to the
currently urgent and important problems. Its primary task of course
would be to frame a national education policy which will not be
subjected to the whims and fancies of politicians or changed according
to the vagaries of party politics or their electoral fortunes.
The efforts made by the present Education Minister to meet the
problems and his sincere commitment to find solutions to them are deeply
appreciated. The sheer numbers involved - lakhs of schoolchildren,
thousands of schools and teachers. A commission of the nature suggested
to assist the minister immensely in performing the onerous tasks falling
upon his shoulders.
I am making the above suggestions focusing mainly on the need to
create an Education Commission to find solutions to the problems
out-lined.
- H S Rajapakse, Kandy
The sociological analysis of the gender relations published in the
Daily News on March 24, relating to two villages in Hikkaduwa has quite
interestingly revealed the traditional roles of men and women, the
socioeconomic advances made, and the attitudinal changes prevailing in
the community.
Hikkaduwa, no doubt, with its cafe-lined scenic beaches, coral
sanctuary, facilities for scuba-diving and snorkelling, and the
handicraft shops catering to the various tastes of mostly European and
Western tourists, is the ideal holiday resort on the southern coastline.
The recent influx of tourists has contributed, in no great measure,
to the prosperity of the people both socially and economically.
Women are now more educated, skilful and knowledgeable than decades
ago. Being occupied with in making ornaments, laces and fancy garments,
which adorned the boutiques, they earn money and make themselves more
independent from their traditional roles of being "confined to the
kitchen, and bearing and rearing of children" from which they are
gradually moving away with grace.
It is true that men are still considered the breadwinners of the
family but the earnings of women would make the financial base of the
household much stronger, which men undoubtedly appreciate and value.
Women, in these parts of the world, are beautiful and attractive to
the visitors like the scenic spots they have come to see and enjoy.
Women are comparatively gentle and soft, and respect their husbands
more than they do care for themselves.
This may be the reason why there have been a few international
marriages, which is not uncommon these days.
Gender equality is a slow process but it is bound to take away the
stereotypes of the male breadwinner which is deeply ingrained in the
patriarchal family system experienced in the country's long history.
- Dr Mathu Liyanage, Hikkaduwa
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