LEGAL AID COMMISSION

Lawyers' access to Police stations

Terms of Agreement in Supreme Court Application No. 527/08 in the case of Mohotti vs. Inspector General of Police.

Before

J.A.N. DE Silva

Chief Justice

Balapatabandi Judge

Ratnayake Judge

Terms of settlement

1. The Inspector General of Police shall forthwith frame and issue formal rules under and in terms of Section 55 of the Police Ordinance as amended, duly approved by the minister, for the purpose of inter alia, recognizing and protecting the right of an Attorney-at-Law to represent or protect the interest of his/her client at any Police Station, Police Head Quarters and/or any other permanent unit, base, post or such like, that has been established by the Sri Lanka Police anywhere in the country, whether such client is a suspect or otherwise.

2. The Inspector General of Police shall forthwith cause the same to be also duly incorporated in the Departmental orders of the Sri Lanka Police.

A copy of the said approved rules, is annexed hereto marked "A"

3. The Inspector General of Police shall at all times implement and enforce the said rules issued under Section 55 of the Police Ordinance and copies of such rules shall be issued to the Officer-in-Charge of every police station, head quarters and/or any other permanent unit, base, post or such like that has been established by the Sri Lanka Police situated islandwide and it shall be the responsibility of such Officer-in-Charge to issue copies to every officer under his purview and command and to generally disseminate information with regard to the content and due and strict observance of such rules anywhere in the country.

4. There shall be established as provided for in the said rules, a special committee comprising of a senior officer of the Attorney-General's Department not below the rank of Additional Solicitor General, who shall also be the ex-Officio Chairman of the said committee, the other members shall comprise of the President of the Bar Association of Sri Lanka, the Director Legal Sri Lanka Police, and a serving member of the National Police Commission.

5. The said committee shall be charged with the function of monitoring and facilitating the due and proper observance of the above mentioned Police rules and reporting any breaches thereof to the Inspector General of Police and generally, to do all such acts that shall serve to promote and foster better relations between the members of the legal profession of Sri Lanka and members of the Sri Lanka Police.

6. Such committee shall also be entitled to make recommendations and report to the Inspector General of Police, the Attorney General and the National Police Commission, as the case may be, with regard to any breach of such rules and in respect of the proceedings that should be launched thereon, against the officer in question.

7. The meetings of the said committee shall be convened with reasonable regularity by the Chairman of the said committee and in addition thereto , in the event of a request being made by any one or more members of the said committee, as the case may be.

8. The 1st Respondent shall tender an apology in open court to the petitioner.

9. The first Respondent undertakes to make a voluntary contribution of Rs. 5000 to the Charity called and named, "Api Wenuwen Api" Ranawiru fund within a period of 07 Days from the date hereof, in view of the foregoing , the Petitioner would withdraw the civil action against the 1st Respondent in the District Court of Mount Lavinia, bearing No. 6297/09/M.

10. In view of all the foregoing conditions, the parties respectfully invite your Lordship's Court to make formal order terminating the proceedings.

Arbitration as an alternative dispute resolution mechanism

The ICLP Arbitration Centre has scheduled a half a day seminar on Arbitration as an Alternative Dispute Resolution Mechanism to be held on August 19, 2011 from 8.30 am at ICLP Arbitration Centre. The programme will be conducted in Sinhala and English both.

The resource persons will be Justice (Retd) Hector S. Yapa (Alternative Dispute Resolution and Introduction to Arbitration), Senior State Counsel Arjuna Obeysekera (Arbitration Agreement and Arbitration Act No 11 of 1995), and Sunil Abeyratne (Finality, Challenge and Enforcement of the Arbitral Award).

The recent development in the Mediation Law will also be covered in this programme.

The participants will gain knowledge on the recent development in the Mediation Law too.

The target audience will be Attorneys-at-Law, Legal Officers, Managers, etc. Concessions available for law students and apprentices.

For further details contact Shaheema on 2346163/4, 0775375998, email [email protected]

[ Questions and Answers]

Employment issue

Question: I started working in a grocery shop in Pettah on 01.01.1975 as a salesman. I was promoted as Manager on April 10, 2000. The total number of employees in this grocery is 10. My last salary was Rs. 30,000 a month.

On October 10, 2010 I had reached the age of retirement - 55 years and I was told that my services were not required. I have 35 years service to my credit. I was not given a letter of appointment. No EPF was paid to me. Please advise me as to what I should do to obtain relief.

By mail

Answer: (i) You cannot apply to Labour Tribunal for compensation as your application would be out of time. Application should be made within six months of the date of termination of employment.

(ii) You may complain to the Assistant Commissioner of Labour, Colombo North, Labour Secretariat Colombo 5 for

(iii) Non payment of EPF

(iv) Termination of your employment

And ask him to refer the dispute regarding termination of employment gratuity to arbitration by Minister of Labour.

Labour officials

Question: The current thinking among labour officials and labour consultants is that there is no time bar for application to Labour Tribunal asking for gratuity by a workman employed in an establishment where less than 15 workers are employed. Please advise me as to what the correct position in law is?

P. Susantha

Answer: The thinking is wrong. Section 31 B (7) of the Industrial Disputes Act reads as follows: Every application to a Labour Tribunal under paragraph (a) or paragraph (b) of subsection (1) of this section in respect of any workman shall be made within a period of six months from the date of termination of that workman. Section 31 B (1) (a) is termination of services by his employer.

31B(1) (b) the question of gratuity for workmen in any industry employing less than (15) Fifteen workmen on termination of his services."

Social Service Department

Question: Please let me know the services provided by the Department of Social Services to the public?

Chatura,

Mahara.

Answer: The Social Services Department provides many services to the public. Each Divisional Secretariat has a social service officer. If you want to get the following services you can always contact him through the Divisional Secretariat in your area. The services are as follows.

Provision of vocational training for disabled youth, provision of implements of trade for self- employment, referring them for open employment and provision of supportive devices for the disabled persons.

* Provision of shelter and care for mentally retarded persons.

* Issue of special identity cards for deaf persons.

* Conducting early intervention programmes through the Child Guidance Centres and conducting awareness programmes for the parents and conducting teacher training programmes.

* Rehabilitation of drug addicts and detoxified addicts through residential training programmes and home based training programmes, provision of vocational training and referring them to open and self- employment and conducting awareness programmes for school children, community workers and parents.

* Recommendation of duty waiver for donations received from abroad to the NGOs registered under the Ministry of Social Services and Social Welfare and also recommendation of approved charity status for NGOs and recommendation of concessionary rates for water and electricity bills for NGOs.

* Provision of financial assistance and other assistance to voluntary organizations.

Registration of EPF members

Question: What is the EPF Re-registration Project introduced by the Department of Labour (DOL) and the Central Bank of Sri Lanka (CBSL)? What benefits have been given to employees and employers under the EPF Re-registration Project?

Fernando Lunuwila

Answer: The Department of Labour (DOL) and the Central Bank of Sri Lanka (CBSL) have launched a joint project to Re-Register all EPF members in order to create a common database by eliminating mismatches on member information at the CBSL, the DOL and the employers.

Under this project the following procedures as introduced.

* Members of the EPF would be re-registered by names as appearing in their National Identity Cards (NIC) and assigning the same NIC numbers as their account numbers.

* After the re-registration, the employees' NIC number will be his/her member number with the EPF regardless of change of employment.

* Members' prior employment account/accounts will be amalgamated to the newly created member account number (NIC Number)

* Members' thumb print would be obtained electronically and linked to the member's account

The benefits to the employees and employers under the reregistration project

*. To employees

* Assurance of a unique member account number until receipt of retirement benefit irrespective of change of employment from time to time.

* Enhancement of safety of member's fund with crediting monthly contributions to his/her member account immediately.

* Ability to receipt of full retirement benefits within a few days from the date of submission of refund application by a member.

* Automatic amalgamation of member's previous EPF accounts with change of employments.

* Elimination of risk of incurring financial losses due to failure to claim benefits on prior employment member accounts.

* Elimination of unnecessary problems arising from same member number being assigned to multiple members by an employer.

* Prevention of fraudulent claims by other parties.

* Ability to submit the refund applications without additional documents to prove member's ownership of the benefit.

* Easy to keep in mind just one number (member's NIC number) instead of multiple member account numbers.

* Ability to check the member account balance through the banking system by using employee's ATM card or issued by bank or a card to be issued by the EPF.

* Ability to receive annual statements by the members of inactive accounts (not contributing monthly contributions currently) on their member accounts.

2. To employer:

* Complete elimination of the need for issuance of certification letters on member names or member accounts.

* Ability to keep a clean record of member details

* Elimination of risk of member contributions being remitted to accounts of other members.

* Elimination of risk of incurring financial losses due to mixing of member account numbers.

* Linking new database to the e-collection system to remit monthly member contributions more efficiently and effectively.

* Members' responsibility towards the success of the project

N.B

* Collection of information on employees and employers will be conducted by the Labour Officers or their authorized officers .

* Information on employees attached to "C " category employers (employment less than 150 employees) is collected through the following forms.

RR1-Member information as per the NIC.

RR2- Consent to change the member's name with the present employment, if necessary.

RR3-Prior employment number/s and consent to amalgamate them to the new number.

* Information on employees attached to 'C3' category employers (employment more than 150 employees) is collected through CDs (information on RR1 form), RR2 and RR3 forms. For more information in this regard, contact the following address :

Central Bank of Sri Lanka
P.O. Box 590,
30, Janadhipathi Mawatha,
Colombo 01
Sri Lanka .

Tel : 94 -11 -2477000, 94 -11 -2440330, 94 -11 -2330220

Helpdesk:- 94 - 11 - 2387018, 94 - 11 - 2387019, 94 - 11 - 2387021

E-mail: [email protected]

Bribery and Corruption

Question: What is Bribery and Corruption? Who is subjected to the Bribery Act ? What are the punishments imposed on offenders?

Dayananda

Kataragama

Answer:

Bribery

Bribery means the offer, solicitation or acceptance of any gratification in contravention of any provision of the Bribery Act.

Corruption

Corruption has been defined under Section 70 of the Bribery Act. Accordingly, a public servant who, with intent to cause wrongful or unlawful loss to the government, or to confer a wrongful or unlawful benefit, favour or advantage on himself or any person, or with knowledge, that any wrongful or unlawful loss will be caused to any person or to the government, or that any wrongful or unlawful benefit favour or advantage will be conferred or any person, does any act in contravention of this provision commits the offence of corruption.

The following persons, if they commit the offence, are chargeable with the offence of bribery and corruption.

A minister appointed under Article 45 of the Constitution

* Speaker

* Deputy Speaker

Deputy Chairman of Committee A

Deputy Minister,

Governor of a province,

Member of Parliament.

Every other servant or employee of the state

Chairman, Director, Governor, Member, officer or employee of a Provincial Council, Local Authority or of a scheduled in situation or of a company incorporated under the Companies Act No.17 of 1982 in which over 50 percentum of the shares are held by the government.

A member of a Provincial Public Service.

Every Juror.

Every Licensed Surveyor.

Every arbitrator or

Other person to whom any cause or matter has been referred for decision or report by any Court or any other competent public authority.

Punishments

* For offer, solicitation, acceptance or attempt, abet, conspire to do such acts, rigorous imprisonment for a term not more than seven years and a fine not exceeding Rs. 5,000

* In addition to this a penalty is imposed for a sum equal to the amount of the gratification.

* Upon proof of a property acquired by bribery, in addition to the penalty mentioned in 1 (a) a fine is imposed not less than the amount acquired by bribery and not more than three times such amount.

* Upon proof of a property acquired by bribery, in addition to the penalty mentioned in 1 (a) a fine is imposed not less than the amount acquired by bribery and not more than three times such amount.

Maintenance case

Question : I married a rich lady. We have two children.

But my wife ignores me and neglects to maintain me and my children. I have no income. I have now decided to file a maintenance case.

Can I do it? However, I am unable to do so because the Marriage Certificate is under the custody of my wife .

I want to know whether as a husband I could file a maintenance case without the Marriage Certificate. Your early reply would be greatly appreciated.

George

Colombo

Answer: According to the Maintenance Act No 37 of the 1999, even the husband can file a maintenance case against his wife. If you are keen to file a maintenance case, you must first obtain a certified copy of the Marriage Certificate.

Without the Marriage Certificate, you are unable to prove that you are married.

If you know the date and place of marriage, you can apply for a certified copy of your Marriage Certificate from the Divisional Secretary's Office where the place of which your marriage took place belongs to.

If you want to claim maintenance for your children you have to submit the birth certificates of your children.

If you need any help you can contact our legal aid centres situated islandwide.

Death certificate

Question: My mother died at my brother's place at Negombo two years ago. Her death certificate is with my brother and he is presently in Italy. My father died in America a year ago.

Now I wish to get a copy of my parents' death certificates as I am her second daughter. Can I get a copy of the same? I also wish to get a translation of the death certificate.

K.Saputantri

Polonnaruwa

Answer: If you know the date of death and the name of the deceased person, you can apply for a certified copy of the death certificate from the Divisional Secretary's office where the place of death occurred, belongs to.

The application form which is used to obtain a death certificate is Form 63(a).

Since your mother had died in Negombo, you have to visit the Divisional Secretary's Office in Negombo and apply for a certified copy of your mother's death certificate after obtaining and filling the Form 63(a).

For your father's death certificates you have to apply for a certified copy of the death certificate from the Central Record Room at Maligawaththa, Colombo 10.

For the purpose of obtaining a translation of the same, you could get this done from the Registrar-General's Office at Major Denzil Kobbekaduwa Mawatha, Battaramulla.

Payment of pension to Lankans residing abroad

Question: Please let me know the new circulars relating to foreign pension payments.

Karuna Wedamuni

Australia

Sent by email.

Answer : Pensioners are advised to refer the under- mentioned circulars relating to foreign pension payments.

Circular Number Issued Date

16/2009 25-09-2009

16/2009 (Amended) 06-04-2010

16/2009 (Local Government) 19-11-2009

05/2011 30/06/2011

[Vocational Training Centres]

Question: Please let me know the contact details of the Vocational Training Centres which have been registered under the Social Service Department of Sri Lanka.

Madugalla,

Matara.

Answer: Vocational Training Centres:

Seeduwa Vocational Training Centre

Liyanagemulla, Seeduwa.

Tel. No. - 011-225305

Amunukumbura Vocational Training Centre

Amunukumbura, Wathurugama.

Tel. No. - 033-227931

Rehabilitation Hospital, Ragama

Vocational Training Section, Ragama.

Tel. No. - 011-2958212

Ketawela-leula Vocational Training Centre

Ketawela-leula.

Tel. No. - 082-2225403

Wattegama Vocational Training Centre

Wavinna, Wattegama.

Tel. No. - 084-2276209

Thelambuyaya Vocational Training Centre

Agunukolapalassa.

Tel. No. 047-2228333

Child Guidance Centre

Welapara, Nawinna, Maharagama.

Tel. No. - 011-2746801

Jayaviru Sevana

North Ambalanwatta, Puwakpitiya,

Awissawella.

Day Centre for detoxified drug addicts

'Navodaya',

136, Vauxhall St., Colombo 2.

Residential Centre for drug addicts

Jayaviru Samadhi Nivahana,

North Ambalamwatte Road, Puwakpitiya.

Run by NGOs

Sarvodaya Suwasetha Vocational Training Centre

55, de Soyza Rd, Rawathawatta, Moratuwa.

Tel. No. - 011-2647158

St. Thomas Dress Making Centre for Deaf

220, Idama, Galle Road, Moratuwa.

Tel. No. - 011-2644304

Rehab Lanka

Keththarama Temple Rd., Maligawatta, Colombo 10.

Tel. No. - 011-2689287

Islamic Centre for Rehabilitation of

Disabled

Doolmala, Thihariya.

Tel. No. - 033-287840

Sukitha Vocational Training Centre

for Women

Padukka Rd., Horana.

Tel. No. - 034-261037

Sarvodaya Suwasetha Centre

Maha Heenatiyangala, Kalutara.

Saviya Sanwardana Foundation

Vocational Training Centre for

Physically Handicapped

Kandegodawatta, Imaduwa.

Tel. No. - 09-2234281

St. Joseph Sathwa Sadhana Centre

Walakumburumulla, Weralugama,

Kuliyapitiya.

Tel. No. - 037-2282471

Vocational Training Centre for Disabled

Perera Mw., Bandarawela.

Tel. No. - 0572223705

Swarnadhama Foundation Dunkannawa,

Chilaw.

Tel. No. - 032-2251222

Centre for Disabled Women

Pahalagama Rd., Kongollawa, Thalawa.

Tel. No. - 025-2257586