Legal Aid Commission

Child Protection programmes

“Historically, Child Protection institutions were maintained by philanthropists. This trend is fast dwindling. The traditional child care support of the business houses need to be resurrected”, said Walter Mendis, chief guest at the 84th Annual General Meeting of the Child Protection Society (CPS) in his keynote speech.

He and Rowena Mendis made the second highest charitable contribution to the CPS, second only to the donor of the premises late Abdul Gafoor.

President of CPS S.S. Wijeratne highlighted the importance of new business leaders to play an active role in social support programmes.

Twentieth Century Capital enterprise led by individual entrepreneurs and business families in contradiction to incorporated Companies or legal persons have displayed grater commitment to Philanthropy.

Many of 19th and early 20th century business leaders have contributed to charitable endeavors to provide protection to vulnerable segments of society such as children, women, the handicapped or the illiterate.

Thus, many of last century’s wealthy were in the forefront to support the efforts of the government by donating hospitals, schools and eldercare homes for the aged.

When you examine the names of many hospital wards and schools, they have been the beneficiaries of philanthropy and social responsibility.

However, with the emergence of the incorporated companies replacing individual and family enterprise, the social commitment displayed by individuals and families have significantly declined.

Companies are legal persons and are governed by rules which have restricted philanthropic traits associated with early individual entrepreneurs.

Corporate bodies are legal persons and they have no hearts.

They are only guided by profit motive and the desire to enhance profits from year to year.

The chairman or the chief executive of a corporate body have to work within the company rules and resolutions and has little leeway in utilizing the Company assets for philanthropic purposes.

In order to overcome this inherent humanitarian limitations of the Corporate persons, the doctrine of social responsibility have been developed.

Even though, U.S. billionaires Bill Gates and Warren Buffet are the worlds leading practitioners of corporate social responsibility, these humanitarian Practices have not substantially influenced small economies like that of Sri Lanka. Corporate enterprises are more concerned about the bottom line and enhanced profits than Social responsibilities.

S.S. Wijeratne

[Questions and Answers]

Institutions in Sri Lanka which assist disabled persons

Question: I am an elderly disabled person. I am 76. I read your Legal Aid Page published every Friday with keen interest as some of the questions raised are relating to disabled persons.

I would therefore like to know some of the Institutions in Sri Lanka which provide security and assistance to disabled persons. Your kind reply would be greatly appreciated.

P.J. Gomesz, Delgoda.

Answer: Thank you for the interest shown in reading our Legal Aid Page. The following Institutions in Sri Lanka assist disabled persons to solve their problems, to safeguard them and protect their rights:

(1) The Ministry of Social Services and Social Welfare,
Sethsiripaya, Battaramulla.
Telefax No.011-2863416

(2) Social Security Board,
150A, L.H.P.Building,
Nawala Road, Nugegoda.
Tel. 011-2823614/2852947
Fax 011-2823667

(3) Pensions Department,
Maligawatte, Colombo 10.
Tel. 011-2332346
Fax 011-2432214

(4) All Divisional Secretariat Offices

(5) Police, Children and Women’s Bureau,
Police Headquarters,
Colombo 1.
Tel. 011-2444444

(6) The Legal Aid Commission of Sri Lanka Elders Unit,
129, Hulftsdorp Street,
High Court Complex, Colombo 12.
Tel. No. 2433618.

Registration fees of Companies in Sri Lanka

Question: Please let me know the fees relating to registration of companies in Sri Lanka.

Anura, Mahara.

Answer:

For registration of a Limited Company - Rs 10,000

For registration of an unlimited company - Rs 7,500

For registration of a company limited by Guarantee - Rs 15,000

For registration of mortgages, charges and debentures - Rs 1,000

For registration of an annual return - Rs 3,000

The registration of any document required or authorized to be registered or required to be delivered, sent, given or forwarded to filled with, the Registrar-General of Companies, other than the notices and reports required to be delivered to the Registrar-General of Companies by a reciever or manager, an administrator or a liquidator - Rs 500

For approval of a name of a company (Name Request) - Rs 500

For inspection of a file kept by the Registrar-General of Companies - Rs 200

For certification of any document or extract thereof filed with the Registrar-General of Companies - Rs 250

For inspecting the register of charges - Rs 250

For registration of Company Secretaries - Rs 1,500

Amount to be credited to a bank to defray the expenses of an off-shore company for the purpose of its office in Sri Lanka - US $ 70,000

For registration of an off-shore company - Rs 60,000

For Renewal of an off-shore company - Rs 60,000

For registration of a place of business in Sri Lanka by an Overseas Company - Rs 30,000

For re-registration of an exsisting Company - Rs 5,000.

In addtion to the above fees, the following taxe is applicable VAT - 12 percent.

Translation of birth certificate

Question: I have to get a translation of my Birth Certificate in English. I met one of the Sworn Translators in our area and he asked me Rs. 2,000 to translate my Birth Certificate. I want to find out whether there is a possibility of getting my Birth Certificate translated into English without paying a large sum of money? I await your kind reply.

Chatura, Mahara.

Answer: Yes it is possible. You can go to the Registrar-General’s Department, Head Office at Battaramulla with your original Birth Certificate and get the same translated into English. The fee for an English translated Certificate is Rs. 100.

Passport for an elderly person?

Question: My grandmother has misplaced her Birth Certificate. Can I get a copy of her Birth Certificate? If not, is there any other way to process her passport without the Birth Certificate.

Sanjeewika, Naththandiya.

Answer: Your grandmother could obtain a certified copy of her Birth Certificate from the Additional District Registrar at the Divisional Secretariat Office, relevant to the place of birth.

The fee for obtaining certified copies of Birth Certificate -

(i) If the registered number and the date of birth is known - Rs.25.00

(ii) If the registered number is not known, but the date of birth is known, for three month search of registry - Rs.50.00

(iii) If you know only the year of birth, for two year search of registry - Rs. 100.00

The Department of Immigration and Emigration has introduced a new scheme for elders to process Passports without Birth Certificates. Since your grandmother is also an elderly person, she too can obtain her passport under the said category. However she has to prove her identity by submitting the necessary documents.

Illegal use of passport

Question: I gave my passport to a person who is running an agency to seek foreign employment. But this person is keeping my passport in his custody without taking any action for more than one year. I requested him to return my passport but he refused to do so.

Finally I was able to get my passport by making a complaint to the police. I now have a suspicion that he may use my passport to send a person illegally to a foreign country. Is there any facility to check this matter. Please advice me.

Sugandi. Sent by email

Answer: If you have a doubt regarding your passport, it is advisable to check it with the Department of Immigration and Emigration. The address is given below:

The Department of Immigration and Emigration,
No. 41, Ananda Rajakaruna Mawatha,
Colombo 10, Sri Lanka.

Laws relating to persons with disabilities in Sri Lanka

Question: What are the laws relating to persons with disabilities in Sri Lanka

Ganganath Weerakkody - Batagama.

Answer: The Constitution of the Democratic Socialist Republic of Sri Lanka, being the Supreme Law of the country protects the rights of all persons as stated in the Chapter III - Fundamental Rights.

In the Article 12 (1) of the Constitution of Sri Lanka states that “All persons are equal before the law and are entitled to the equal protection of the law”. All human beings are born free, equal in dignity and rights. Persons with Disabilities are not an exclusion and laws should be equally applicable to Persons with Disabilities too. Further the Chapter VI describes the Directive Principles of State Policy and Fundamental Duties.

* Right of Persons with Disabilities - Act No. 28 of 1996- This act led to the establishment of the National Council and the National Secretariat for Persons with Disabilities. This Act empowers the registration of the related NGO (Non Governmental Organizations)

* Disabled Persons Accessibility Regulations passed by parliament in 2006

* Penal Code - Provisions relating to persons with disabilities (Rape, Sexual Harassment)

* Civil Procedure Code and Criminal Procedure Code - Appointment of next of kin and curator

* Public Administration Circular in 1998 -3percent of vacancies in public services and public companies should be filled by Persons with Disabilities possessing requisite qualifications and whose disabilities would not be a hindrance to the performance of duties.

* Trust Fund Act of 1992 for the Rehabilitation of the Visually Handicapped-This provides for education and training opportunities, financial assistance, housing provision and welfare schemes and marketing of products made by people with visual impairments.

* Social Security Board Act - Act No 17 of 1996 - This Act ensures the welfare of Persons with disabilities and Provides various facilities including a Pension scheme.

* ICCPR Act No 56 of 2007 - Under this Act, Legal action could be taken against those public servants; who fail to perform their duties, in the High Court. This includes the persons with disabilities and their specific rights. Further this act protects the rights of disable children.

* Domestic Violence Act - Act No 34 of 2005- This Act provides legal protection for disables within the family. The legal action can be instituted by a victim or a family member or by a third party (not related to the victim) on behalf of the victim in the magistrate court.

* Maintenance Act - Act No 37 of 1999 -Disable Children are protected by this act against the desertion and can claim maintenance from the parents.

* Elders Law Act - Act No 9 of 2000-Parents can claim the maintenance from their children.

* National Health Policy of 1996 - This directs towards the improvement of the quality of life, reducing preventable diseases, implementing health programs on disability and health measures to prevent disability.

Also provides for rehabilitation of children with early childhood development anomalies; Development Centres with individual services, pre-schools, house visits, assistance devices, parental counselling and awareness for children suffering from acute and chronic mental illnesses.

* General Educational Reforms in 1997- The reforms of education system for the maximum benefit of disable children are emphasised.

* Ranaviru Sevana Act of 1999- This Act permits the care and rehabilitation of members of the armed forces and police force who have become disabled in the line of duty especially during war.

* National Disability Policy Act of 2003- This Act has provided the most comprehensive, progressive and holistic framework in Sri Lanka to-date, for equality and opportunity for people with disabilities. This policy promotes community-based rehabilitation (CBR).

* Draft ‘Disability Rights Bill’- This is in the process of implementation. This was drafted according to the international convention of the rights of person with disability.

Pension for paralized son

Question: Please be kind enough to let me know through the Daily News as to how I could get a reasonable pension for my son who is 20 years of age and who is totally paralyzed and mentally handicapped. He is unable to do anything and everything has to be done by his mother or someone. Even when he goes to the toilet someone has to wash and clean.

Your kind reply is very much appreciated.

J.Fernando - Kandy

Answer: According to your question, you have never mentioned that whether you are a Government pensioner or not. If you are already a Government pensioner, under the W&OP Act, your disabled child can get disabled pension during his life time. If you are not a government pensioner and you want to get pension for your child, you can apply for a new pension scheme introduced by the Social Security Board. They have a special pension called ‘Samaka Diriya’.

You have to send a request letter together with a photocopy of your Birth Certificate and National Identity Card to the following address:-

Social Security Board Samaka Diriya Pension Scheme

LHP Building
Nawala Road
Nugegoda

Thereafter the Board will allow you to open a new pension scheme for your disabled child.

Passport

Question: I have lost my passport. What should I do?

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 & Emigration. If applying for a fresh passport, this police report must be submitted along with the application.

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. 10,000.00 will be imposed.

Government Analyst’s Department

Question: I came to know that the Government Analyst’s Department was established in 1904. Could you please let me know -

(b) Can the Government Analyst’s Department investigate questioned documents of private parties?

(C) The address of the Government Analyst’s Department .

Answer: The Department consists of two divisions,

I. Food Science Division

This division provides services towards public health

II. Forensic Science Division

The Forensic Science Division provides services mainly to law enforcement authorities in the area of crime investigation. The Forensic Questioned Document Section receives cases for examination and report from Courts of Law, Police, Labour Tribunals other Government Departments, and Statutory Institutions and also from Private Sector.

Under the Government Analyst’s Department, there are specially trained scientists for the examination and analysis of samples forwarded by police, law court and other relevant institutes in the country.

(c) Private parties can obtain an expert opinion from the Government Analyst’s Department, Forensic Division. Under this division there is separate section called “The Forensic Questioned Document Section”. Private parties can forward their documents to the Examiner of Questioned Documents through a lawyer. The Forensic Questioned Document Section receives cases for examination and report from Courts of Law, Police, Labour Tribunals other Government Departments, and Statutory institutions and also from private sector.

Activities of Forensic Questioned Document Section

1. Examination of all types of forensic documents.

2. Identification of handwriting & signatures, detection of forgery.

3. Examination of type scripts, type writer, printed matter, stamp impressions.

4. Decipherment of alterations, obliterations, additions and substitutions etc.

5. Examination of travel documents

6. Examination of Sequence of strokes.

7. Physical examination of ink and paper and adhesive materials.

8. Examination of charred & mutilated documents.

9. Investigation of Matters relating to the age of the documents.

10. Examination of counterfeit currency

11. Examination of Lottery Tickets

12. Any query regarding a document as to its genuineness or otherwise.

13. Examination of built-up/ fabricated documents.

14. Examination of revenue stamps, postal stamps and any document relative to revenue

15. Examination of Xerox copies and identification of photocopy machines.

16. Give Expert Evidence in the Courts of Law.
(c) Government Analyst’s Department
Independence Square
Colombo 07
Tel No 11-2694786
E-mail :[email protected]

Sri Lanka Bureau of Foreign Employment

Question: I hope to leave for overseas employment soon. Please let me know why I should register myself with the Sri Lanka Bureau of Foreign Employment?

Anander, Mahara.

Answer: Under the Sri Lanka Bureau of Foreign Employment Act No. 21 of 1985, it is a legal requirement for all workers leaving Sri Lanka for overseas employment to be registered with the Sri Lanka Bureau of Foreign Employment (SLBFE) prior to departure.

* It will help protect you, your job as well as your family.

* When you obtain the registration license of the SLBFE it provides you with many privileges. The most important being the job security and the life insurance you get through this.

* It will ensure the safety and welfare of your family members. Some of the benefits include;

* Housing loans
* Loans for self-employment
* Scholarships and support for the education of your school-going children
* Overseas educational trips and many more benefits for your school-going children.

All those leaving Sri Lanka for employment for the first time or those who have completed their initial contract overseas and want to go back again or those who are hoping to change jobs while they’re overseas have to register themselves with the SLBFE. You will also be respecting your duty towards your motherland.

It is of utmost importance that you remember, that the license you obtain from the SLBFE prior to departure is valid only for a period of 2 years and if by any chance you want to extend your stay and continue your employment there you can re-register yourself through the Sri Lankan High Commission / Embassy located in that particular country or by getting your relatives to re-register you with the SLBFE head office or the district office. Registering yourself or renewing your registration with the SLBFE is highly beneficial for you while the non-registration and non-renewal is very disadvantageous to you. Once you’re registered, the SLBFE is committed to providing you with the necessary job security as well taking care of your family’s welfare.

* Prior to departure, an agreement giving all the conditions of employment has to be signed by the employee. This has to be done at the SLBFE Head Office after all 3 parties (The SLBFE, the agent and the employee) agrees to all conditions stipulated on the agreement. This new arrangement has to be adhered to by the foreign employment agent as well as the prospective employee to ensure the safety and welfare of the employee.

LAC to celebrate international days

October 1 - International Elders’ Day
November 16 - International Day of Tolerance
November 20 - Universal Children’s Day
November 25 - International Day for the Elimination of Violence against women
December 1 - World AIDS Day
December 3 - International Day for Disabled Persons
December 5 - International day for Volunteerism
December 9 - International Anti-Corruption Day
December 10 - Human Rights Day
December 18 - International Migrants’ Day

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 the Daily News Legal Aid Page, Chairman, Legal Aid Commission, No 129, Hulftsdorp Street, Colombo 12.

Email:[email protected]

Website:www.lawaid.org