Legal Aid Commission

The Constitution of the Democratic Socialist Republic of Sri Lanka (which is the Supreme Law in our country) protects the rights of all Sri Lankans. This has explained under the Chapter III of Fundamental Rights in the Constitution. Under Chapter III Article 12 (1) stated that “All persons are equal before the law and are entitled to the equal protection of the law”.

Participants at the recent Legal Aid clinic conducted by the Kekirawa Legal Aid Center and Suwasahana Committee (Health promotional programme) at the Galnewa M.O.H. Office. Resource personnel who addressed the legal clinic were Dr G.P.C.J. Fonseka (M.O.H), Kekirawa Legal Officer Janani Wijetunga, AAL, K Medagoda AAL, W. Kossagalla AAL and Anurada Wijerathna AAL.

From time immemorial, the development of law has been linked to the protection and development of the human being. If the individual is empowered in law, he - and the society as a whole - would get better protection and more opportunities for development, in a given context. On the other hand legal empowerment in essence, in Sri Lankan context and in a practical viewpoint, is access to justice and legal awareness. (Legal awareness in turn further enhances the access to justice.) Hence, legal awareness and access to justice form the foundation for legal empowerment. Since its establishment in 1978 by Law No. 27 of 1978, the Legal Aid Commission of Sri Lanka has been the forerunner and pioneer in this composite area.

Today, the service provided by the LAC in the form of “Legal Aid”, which comprises both court - based legal aid (consultation and litigation) and community - based legal aid (awareness programmes targeting public officers and general public), has risen to a remarkable and unparalleled standard.

The LAC has been conducting Legal Awareness programmes for a number of years. However, the country recovering steadily from a bitter history prompted the LAC to conduct such programmes with a new vigour and covering new dimensions. The responses to these programmes had been highly encouraging.

The LAC is hoping to improve the present awareness programmes by incorporating new themes and approaches that suit the present day social context. That means, in addition to discussing purely legal aspects and their relevance, aspects that are contributing to the personal and social development of the people will also be incorporated to the present content.

The Legal Aid Commission (LAC) is an established institute with 74 Legal Aid Centers all around the country, committed to help underprivileged people who otherwise would not have access to litigation. Each day the officers are faced with clients seeking their assistance for legal advice or litigation.

Therefore the Legal Aid Commission will address the above issues with dedication and commitment throughout the year 2013.

LAC Certificate Course in Para Legal Studies 2013

Course title : Certificate Course in Para Legal Studies
Duration: 60 hours (Lecture sessions on 15 Saturdays)
Medium: English, with clarifications in Sinhala and Tamil Course
Details: The Syllabus of the Course consists of two components.

The Core Component will provide basic legal literacy and basic knowledge related to general court work. The Special Component incorporates themes related to the working environment of the participants.

Please contact the course coordinator for more details. Legal Officer - Legal Aid Commission on

[Questions and Answers]

Question: I am expecting a baby. If I deliver my baby in a private hospital, what is the procedure to be followed to register the birth of my child?

Answer: The birth is registered by the Registrar of births and deaths of the area where birth occurred. If the birth has occurred at a private hospital, inform the Registrar of that area for registration of such birth.

Appropriate persons for informing of a birth for registration: Father, mother, person present at the time of occurrence of the birth,

Medical Officer of the Hospital, obtain the relevant declaration from the Registrar of births and deaths for informing the birth.

Documents to be submitted: Duly perfected declaration, hospital report issued in proof of the occurrence of the birth, a birth can be registered free of charge within a period of three months. A copy of the birth certificate is issued to the informant free of charge.

Visit the Additional District Registrar of the Divisional Secretariat at your nearest for further information.

Registration of Marriage at Church

Question: I am a Christian. Can I register my marriage at Church. Please let me know the procedure?

Answer: Marriage notice should be written and attested in duplicate and handed over to the Registrar of Marriage of the division.

Persons authorized to attest marriage notices: Registrar of Marriage of the division, Justice of Peace, Notary Public, A Priest

Requirements for submitting a marriage notice: Requirement of residence of the parties in the relevant division, Residence of parties in the relevant division within 10 days preceding submission of the marriage notice, Residence of parties in different divisions within 10 days preceding submission of the marriage notice.

If one party was not living in Sri Lanka within 10 days preceding submission of the marriage notice, residence of the other party in Sri Lanka for such 10 days.

If none of the parties had not been living in Sri Lanka within 10 days preceding submission of the marriage notice, residence of one party for four days in Sri Lanka.

Completion of age of 18 years by both parties as at their previous birth day. The parties should not have any kind of relationship prohibited in law.

No party should have entered into any legal marriage which is valid at the time. Certificate of the registrar should be obtained from the Registrar or Additional District Registrar.

The said certificate should be produced to the priest of the church where the marriage is to the solemnized. Also provide uncancelled stamps value of Rs.100 therewith.

Fee for the registration of Marriage – Rs 750
Fee for the Notice of Marriage – Rs 100

Forms

Question: Please let me know the variety of forms that are used for personal documentation.

Declaration of Alteration/ Insertion/ Omission of particulars of birth registration - B 37 A

Application for certificate of marriage ( General or Kandyan ) and / or search of registers - B 121

Declaration of particulars relating to death for purposes of late registration (Section 36) - B 15

Application for translation copies of marriage, birth and death certificates B-150

Marriage

Question: I am a Sri Lankan citizen and have decided to marry a Dutch citizen.

We want to get married in Sri Lanka. Could you please let me know what documents my partner needs in order to marry me in Sri Lanka?

Answer: Marriage can be registered after four days of arrival to Sri Lanka. Please contact the Additional District Registrar in the relevant Divisional Secretariat Office or the Marriage Registrar within the area you are temporary residing in Sri Lanka. Your fiance may bring the following documents:

(ii) If she has married earlier either the divorce certificate or decree absolute issued by the court of law

(iii) If she has married earlier and if her spouse is dead, the death certificate of her spouse

Question: My friend met with an accident while on employment and as a result he lost his right arm. This accident occurred in November last year. The company promised to pay him but up to date they have not done so. Is he entitled to compensation?

Answer: Under the workman’s Compensation Ordinance if an employee meet with an accident while in service and as a result of his employment, then he is entitled to compensation computed on the basis of the seriousness of the injury. Such compensation has to be obtained by forwarding an application to the commissioner on compensation and application has to be forwarded within two years of accident. You have to forward this application with a medical certificate obtained from a qualified practitioner. The address:

Copy right

Answer: Copyright means the rights given by law to the creators for their literary and artistic works.

The economic rights include the right to reproduce, sell, rent, distribute, communicate to the public, translate etc whereas the moral rights cover the right to claim the authorship and right to oppose distortion or mutilation of the work. Copyright protects the rights of the authors of literary and artistic works and ensures them the economic benefits and recognition thereby promoting creativity in literary and artistic fields and investment.

Such creations enhances economic development, education, culture, and enjoyment of life. Protection is accorded without any formality such as registration in Sri Lanka.

The author is the owner of economic rights but there are some exceptions such as a work created by an employee generally belongs to the employer. The economic rights can be assigned or licensed.

The moral rights always belong to the author. Copyright in Sri Lanka is generally protected during the life of the author and 70 years after his death. Law relating to intellectual property rights -

Intellectual Property Act No 09 of 2003. Regulations made under the Intellectual Property Act have been published in Gazette Numbers; 1415/18 of October 10, 2005.

If you need further information you can contact following address - National Intellectual Property Office Of Sri Lanka, 3rd Floor, “Samagam Madura”, 400, D.R.Wijewardene Mawatha, Colombo10, Tel No: 0112689368

Consular Division

Question: Please let me know the contact details of the Consular Division of the Ministry of External Affairs?

Answer: The Consular Affairs Division is currently headed by Director General W.M.S. Bandara

Contact Details: Telephone: 0094-(0)115744068, Fax : 0094-(0)112473899, Email: Authentication and Verification Section: 0094 (0) 11 2385571

General Contact Details of Consular Affairs Division, Address- : No. 14, 3rd Floor, Sir Baron Jayatillaka Mawatha. Colombo 1

Authentication and Verification Section : 0094 (0) 11 2385571
Authentication and Verification Section : 0094 (0) 11 2385571
Compensation Section : 0094 (0)11 5744082
Repatriation Section: 0094 (0)11 5839414
Education Section: 0094 (0)11 5663909
Death Section : 0094 (0)11 2437635

Refund of W and OP payment after death of spouse

Question: I am a 60 year old pensioner. During my tenure of service I contributed to the Wand OP pension scheme.

Two months ago my wife died. I don’t have children who are less than 26 year of age. I want to know whether I can get the contributions made to the W and OP pension scheme. If so, please let me know the correct procedure?

Answer: According to the Pension Minutes and Circulars you are not entitled to get the W and OP payment.

If you are unmarried at the time of getting the pension then you can obtain the Wand OP payment with interest.

Or else if your spouse has died before you go on pension and if your children are above 26 years old, then you can get your Wand OP refund back . As per your query, you are not entitled to get the your W and OP payment because your wife had died after you got retired.

Public noise

Question: Loud speakers are used indiscriminately today for various types of functions and events: who is the authority which controls the use of loudspeakers? Can loud speakers be put on right throughout the night, etc? How can a person who is affected by the emission of the unbearable noise obtain relief? Please advise through your Legal Aid Page.

Answer: As per your question, it is the police who have power to stop or issue the limits of using loud speakers.But if the noise is throughout the night, then the police has the power to stop such nuisance.

Therefore you can make a complaint to the nearest police station and thereafter file a private nuisance case in the Magistrate’s Court.

If the noise is persistent, the relevant Municipal Council, the Chief Public Health Inspector also has the power to intervene in the matter.

Corrections in Birth Certificates

Question: Please advise me how to make corrections in the Birth and Death Certificates. Your reply is solicited.

Answer: Errors made in registration or copying of birth and death certificates and in relation to the truth or content of the incident may be corrected.

One of the following persons should make a declaration to the Divisional Secretariat to which the place of registration of such birth or death belongs, for correcting such errors.

a. The person on whose information the entry was made.
b. Any credible person having knowledge of the true facts relating to the entry.

A certified copy of the birth or death certificate should essentially be attached to the declaration along with the following documents as could as possible

a.Marriage certificate of parents.
b. Certified copies of the entries made in relation to the incident in the hospitals or maternity homes.
c.Documents to substantiate the application for correction.

Limit to deductions

Question: I am employed as an Accounts Clerk in a Mercantile Firm in Colombo. My employer is making deductions from my salary as he pleases.

I would like to know whether there is any authorized deduction and if so the limit to deduction?

Answer: You are covered by the Shop and Office Employees Act. The deductions which could be made from the salary are termed Authorized Deductions. No deduction can be made without the consent of the employee.

The list of authorized deductions is given in the Act e.g. advance of salary, price of any food or article of food supplied, contribution to pension fund, provident fund, insurance scheme, savings scheme, recovery of rent, subscription to Trade Union and others. The permissible maximum deduction from salary is 60 percent of the total salary.

There are deductions which can be made without the consent of the employee. They are – Income Tax, Order of Court.

Checking ID's

Question : Since the National Identity Card is a very vital document, kindly educate the general public as to who is authorized to check one’s ID.

It is obvious that the Armed Forces personnel and the Police are permitted to do so. Other than these personnel who else has the authority?

Answer: The Police and Armed Forces have been given the power to check one’s identity card. Sometimes, even the peace officers have been given authority by the Police to check identity cards.

However, the public has the right to demand the identity of the person who is checking.

When entering private buildings, the security officer can insist the public to produce their identity cards for checking.

Amending Birth Certficate

Question: I have been using my name as Sarath Perera in the Marriage Certificate, in my children’s Birth Certificates and in my letters of employment during the last 10 years.

Is it necessary to file a case or is there anyway to resolve this matter without going to courts?

Answer: Yes, you can amend your Birth Certificate. You have to obtain the B9 Application Form from the Divisional Secretary’s Office.

The duly filled application form along with an affidavit and the documents (at least three documents) to prove that you are using the name ‘Sarath Perera together with your Birth Certificate and hand over these documents to the Registrar of Birth & Deaths, Divisional Secretary’s Office where you were born.

The Registrar will thereafter amend ‘Cage 13’ appearing in the Birth Certificate.

Online visa facility

Question: I am a foreigner. I decide to visit Sri Lanka in 2013 . What kind of visa can I obtain? Is there any online visa facility?

Answer: Yes. There are four kinds of visas which permit a person to enter and/or stay in Sri Lanka.

Visit Visa

A Visit Visa is an entry permit signifying the consent of the Sri Lankan government for the admission of a foreign national to the country. The Visa contains details of the period of time and the condition/s of the stay. There are two sub-categories which come under Visit Visas –

Tourist Visit Visa

A Tourist Visa is issued to bona-fide tourists who want to enter Sri Lanka for sightseeing, excursions, relaxation, visit relatives or yoga training for a short period of time.

Business Visit Visa

A Business Visa is issued to foreign nationals who visit Sri Lanka for business purposes for short periods of time. This visa may be issued for single, double or multiple journeys.

Residence Visa

A Residence Visa is a permit for a non-Sri Lankan to obtain residence facilities for special purposes.

Transit Visa

A Transit Visa is an entry permit granted to a foreign national for admission into Sri Lanka for a brief period which is incidental and in the course of his journey to another destination.

Gratis Visa

The holder of a Diplomatic or Official Passport or a passport with a valid Diplomatic or Official endorsement will not be required to pay any fees for the visa.

With effect from January 1, 2012, all holiday or business travellers to Sri Lanka must have Electronic Travel Authorization (ETA) for entering in to Sri Lanka. Please visit http://www.eta.gov.lk for more information.

Protecting the rights of all