Public appeal for Legal Aid Fund

Section 17 of Legal Aid Law No. 27 of 1978 established the Legal Aid Fund for which in addition to funds voted by Parliament, could receive donations. Such donations would be deductible from assessable income when computing income tax. This tax deductible provision was made possible for donors to contribute to legal aid.

Legal Aid provides equal access to justice for the poor. The LAC with support from Government and

 international donors has so far established 36 centers islandwide from Jaffna to Hambantota. But until LAC Centers are established near all the remote court houses where the poor and needy live, it is difficult to contend that all persons are provide equal access to justice.

In 2007, the LAC planned to establish 15 new centers but due to drastic budgetary constraints, the LAC could only open one new Center. No funds were available for Legal Awareness Programmes as provided in the Law. The traditional foreign donors have collectively restricted their generosity due to incomprehensible reasons.

In this situation, the LAC decided to appeal to the public including the corporate sector in Sri Lanka to contribute to the Legal Aid Fund with donations. This would be an expression of individual corporate social responsibility. It would also be an humanitarian act.

The accounts of the Legal Aid Fund is subject to Audit by the Auditor General of Sri Lanka (Section 23 of Law No. 27 of 1978). The donations would be acknowledged by the LAC and periodic accounts would be submitted to the donors. Please send your donation to -

The Legal Aid Fund
Legal Aid Commission
129, Hulftsdorp Street
Colombo 12
Email: Legalaid,dailynews@yahoo.com
Website: www.lawaid.org

Inter-school art competition on theme 'Domestic Violence Act'

"Educating the school children of the fundamental laws of this country is advocated by the Legal Aid Commission of Sri Lanka. Accordingly, the knowledge of the fundamental laws of this country is taken to the people at large by the Commission through its Legal Clinics, Village Level Legal Seminars and various discussions to different target groups at all levels.

The Kandy District Inter-School Art Competition on the theme "Preventing domestic Violence" is one such novel approach made and organised by the Kandy Regional Center in conjunction with the Provincial Department of Education", so said S. S. Wijeratne, Chairman of the Legal Aid Commission of Sri Lanka who was also the Chief Guest addressing the audience present at the award ceremony, held at the St. Sylvester's College Auditorium, Kandy.

The awards ceremony for the winners of the Inter-School Art Competition was held on August 4, 2008 at St. Sylvester College, Kandy. This competition was held among schoolchildren in the Kandy District from Grade 01-12 at five levels.

The Kandy Regional office of the Legal Aid Commission of Sri Lanka organised the event with the active participation and the cooperation of the Department of Education, Kandy.

Retired Supreme Court Judge, Justice Hector S. Yapa, Director-General of the Legal Aid Commission of Sri Lanka, D. M. R. B. Dissanayake, Provincial Secretary of the Ministry of Education, G. Rambukwella, Deputy Director of Education (Aesthetic) were among other distinguished participants.

The following students representing the five categories won Medals, Prizes and Certificates:

Primary
1. Oshada Widuruwina Vithanage - Sri Chandrananda Buddhist College, Asgiriya
2. Tharushi Yasmini Karunadasa - Girls High School, Kandy
3. W. V. H. Mandira Surasinghe - Hillwood Balika Vidyalaya, Kandy.

Post Primary
1. Ashen Ishara Bandara Dissanayake - Trinity College, Kandy.
2. Sulaksha Sanjeewa Bandara - Vidyartha College, Kandy
3. Sachin Wenuka Nawarathna - Wariyapola Sri Sumangala Vidyalaya, Kandy

Junior
1. E. A. Achini Hasani Kumari - Pushpadana Balika Vidyalaya, Kandy
2. Pabasara Sathyanjali Kumari - Pushpadana Balika Vidyalaya, Kandy
3. Kalani Udeshini Perera - Pushpadana Balika Vidyalaya, Kandy.

Senior
1. D. M. Poornima Imeshani - Pushpadana Balika Vidyalaya, Kandy
2. M. M. S. Shermila - Almanar National School, Handessa
3. R. M. F. Rishna - Almanar National School, Handessa

Senior Secondary
1. K. M. Sanjeewani Suwarnalatha - Almanar National School, Handessa
2. Ruwani Nadi Mudalige - Pushpadana Balika Vidyalaya, Kandy
3. W. M. W. G. Neranjala Wijekoon - Udispattuwa Central College, Teldeniya.

Questions and Answers

Can Codicil be looked at as part of will

Question: Please explain. What is a Codicil?

- G. Gunawardena, Narahenpita

Answer: A Codicil is a supplement to a Will or an addition made by the Testator. A Codicil should never be used for the purpose of making extensive alterations in a Will.

It may be properly employed for such purpose of substituting one person for another as trustee or executor giving a legacy to a person not taking any benefit under the testator's Will, or altering the amount of a legacy given under a Will in which case care should be taken to state expressly whether the gift made by the Codicil is in addition to or in substitution for that made by the Will the rule of construction being that in the absence of a special direction the legatee is entitled to both the gifts. Codicil should be looked at as part of the Will.

New companies Act No. 7 of 2007

Question: As per the New Companies Act No. 7 of 2007, I would like you to answer the following questions:
(a) What are the restrictions in the Company Names?
(b) How can the Company name be changed?
(c) Should the Registration Number of the Company be used?
(d) How can the Articles of Association be changed?

- Jean Nathanielsz, Negombo

Answer: The new Companies Act No. 7 of 2007 came into effect on the 03rd of May 2007.

(a) The following words cannot be used:

"President", "Presidential", "Municipal", "Incorporated", "Cooperative", "Society", "National", "State" and "Sri Lanka"

(b) The name can be changed -

* by Special Resolution

* Prior written approval of the Registrar (Name change must be filed with the Registrar within 10 working days

Within 20 working days of Name change, the Company shall give public notice (Gazette and 1 Newspaper of any language) of the name, etc.

Name change includes change from Private to Public or Listed or vice versa.

* Yes. The Registration Number of the Company should be used in:

* Business letters, Notices and Official Publications, Cheques, Bills of Exchange, Promissory Notes, Invoices, Receipts, Documents of a legal nature, Company Seal.

* Displayed at the Registered Office.

(d) the Articles of Association can be changed -

* By a Special Resolution of the shareholders.

The change must be filed with the Registrar within 10 working days.

Gift of House

Question: A property of about 25 perches (in Kotte) was transferred to me in 1990 upon the death of my father. The transfer value on the Deed was two hundred thousand rupees (Rs. 200,000) in 1990.

I built a house on this property in 1996 at a cost of about one and a half million rupees. I have been told that the present market value of the property and house is about eighteen million rupees (Rs. 18,000,000.00). I wish to transfer this property to my son as a gift.

Could you please let me know if:

1. Do I need to pay gift tax?

2. What is the stamp duty that I will have to pay on the above mentioned value.

- A. P. Premasiri, Kotte

Answer:

(1) There is no need to pay gift tax.

(2) Stamp duty is levied on the following basis having regard to the value of the property:

(a) First 50,000 the stamp duty will be 3%

(b) Thereafter any amount the stamp duty will be 2%.

The value of the property should be a reasonable amount since it is a gift. It is better for you to discuss the matter with your lawyer who should know the value of the property having regard to the location of the property.

Tobacco and Alcohol Act No. 27 of 2006

Question: In order to prevent the younger generation from the bad habit of smoking and drinking in public, I would like to know who is designated as Authorised Officers so that I could approach them when the need arises.

- F. Perera, Meegoda

Answer: Yes. The Tobacco and Alcohol Act No. 7 of 2006 was brought into operation on 01st December 2006. Section 16 of the Act designates Public Health Inspectors, Police and Excise Officers as Authorised Officers. The powers of the Authorised Officers are:-

(a) at any reasonable time enter any place where he believes any tobacco product or alcohol product is manufactured, prepare, preserved packaged, exposed for sale or stored and examine any such tobacco product or alcohol product and take samples thereof and also examine anything that he believes is used for the manufacture, preparation, preservation, packaging or storing of that tobacco product or alcohol product;

(b) for the purpose of carrying out effective search operation, stop or detain any vehicle in which he believes that any tobacco product or alcohol product is being conveyed, search that vehicle and examine any tobacco product or alcohol product which is being so conveyed and take samples thereof;

(c) open and examine any receptacle or package that he believes contains any tobacco product or alcohol product;

(d) seize and detain for such time as many be necessary any tobacco product or alcohol product by means of, or in relation to which he believes any provision of the said Act or regulation made thereunder has been contravened.

Fundamental duties

Question: Please let me know through your valued Legal Aid Page the fundamental duties as per the Constitution of the Republic of Sri Lanka.

- P. Leslie, Malabe

Answer: The exercise and enjoyment of the rights and freedoms is inseparable from the performance of duties and obligations, and accordingly it is the duty of every person in Sri Lanka

(a) to uphold and defend the Constitution and the law;

(b) to further the national interest and to foster national unity;

(c) to work conscientiously in his chosen occupation;

(d) to preserve and protect public property, and to combat misuse and waste of public property;

(e) to respect the rights and freedoms of others; and

(f) to protect nature and conserve its riches

Is school vacation included or excluded for Computation of 84 days maternity leave?

Question: Maternity Leave for the first two live births is 84 working days. Under the Shop and Employees' Act, would you please advise me as to whether school holidays (school vacation) are excluded or included for the computation of 84 days maternity leave?

- Mrs. R. de Silva, Nugegoda

Answer: The answer is school holidays (vacation) are excluded for the reason that school vacation does not fall under the category of holidays and leave under the Shop and Office Employees Act. You have not stated whether you are a member of the tutorial staff or otherwise.

Regulation 37C published in the Ceylon Government Gazette No. 12553 of 21.07.1961 reads as follows:

"Every person who is a member of the tutorial staff of any establishment maintained for an educational purpose shall be exempt from the provisions of the Shop and Office Employees Act.

What flows from this is that a member of the tutorial staff of an educational institution is not entitled to the leave stipulated in the Shop and Office Employees' Act - i.e. 07 days casual leave, 14 days annual leave, maternity leave, etc.

Regulation 39B (4) published in Government Gazette No. 12553 of 21.07.1961 reads as follows:-

"Every establishment maintained for any educational purpose including any boarding house or hostel attached to such establishment and used by the pupils of such establishment for the purpose of residing therein".

By Regulation 31 (b) the above establishment referred to in Regulation 39 B (4) is declared to be an office for the purpose of the Shop and Office Employees' Act. The employees referred to above are entitled to all the holidays leave etc. under the Shop and Office Employees' Act.

Obtaining Sri Lankan Citizenship to my child

Question: I married my husband without the consent of my parents. After some time I went to live with my husband in France. My baby was born in France four months ago.

My husband and I are Sri Lankans. I wish to return to Sri Lanka with our baby. Can my baby get Sri Lankan Citizenship?

- Kanchana, Galle

Answer: The answer is 'No'. If your child was born in a foreign country, he/ she is not entitled to Sri Lankan Citizenship. If your child needs Sri Lankan Citizenship, you have to apply for a Citizenship Certificate through the Department of Immigration and Emigration, Citizenship Unit in Sri Lanka.

In this connection you have to inform the Sri Lankan Embassy in France that you are a Sri Lankan and your child was born in France. Then they will issue you with a Citizenship Certificate. The following documents will be required to obtain Sri Lankan Citizenship Certificate:-

(a) Birth Certificate issued by the Sri Lankan Embassy/ Consular in France

(b) Applicant's Birth Certificate (mother/ father)

(c) Marriage Certificate of parents.

(d) Parents' Passport at the time of birth of the child.

(e) Declaration of the Applicant stating that she has no Citizenship of any other country except Sri Lanka.

(f) Charges payable. If the Citizenship Certificate is applied within one year from the date of birth of the child, the fee payable is Rs. 1,000. For delay of every one year Rs. 500.

Citizenship Certificate could be applied only up to the age of 21 years of the child. We would therefore advice you to apply for your child's Citizenship within one year from the date of birth of your child.

Dual citizenship

Question: Please let me know the documents required for Dual Citizenship.

- Farook Mohamed, Gampaha

Answer: Documents required

1. Applicant's Original Birth Certificate and a copy.

2. If the applicant is a citizen of Sri Lanka by registration, the relevant certificate and a copy.

3. If applicant is married, The Marriage Certificate and a copy.

4. Applicant's Foreign Citizenship Certificate/ Foreign Travel Document/ Permanent Resident.

5. Applicant's current and or previous Sri Lankan Passports and copies or an affidavit.

6. If applying under professional category, applicant's Educational/ Professional Certificate and a copy. (minimum a Degree from a recognised University).

7. If applying under wealth category, original of the documentary proof of applicant's assets, such as: lands or other immovable properties in Sri Lanka worth of Rs. 2.5 million or above and a copy. Deed Valuation report extract and Title report for the same should be also submitted.

8. If applying under 2.5 million category original of the documentary proof minimum one year. Fixed Deposit in a bank in Sri Lanka of an amount not less than 2.5 million.

9. If applying under age category, applicants over 55 years of age original birth certificate and a copy should be submitted.

10. If applying under fixed deposit US$ 25,000 category, original of a fixed deposit certificate and a copy exceeding US$ 25,000 for a three years period in a bank in Sri Lanka.

11. If applying under fixed deposit US$ 50,000 category, original of a fixed deposit certificate and a copy exceeding US$ 50,000 for a three years period in a bank in Sri Lanka.

12. If the documents referred to above are submitted without originals, they should be attested by the Sri Lankan Mission accredited to that country, or the nearest Sri Lankan Mission or Consulate of the country of domicile or Solicitor or Justice of Peace.

Lawyers' Directory

Question: Please let me know from where can I purchase the Lawyers' Directory.

M. Fernando, Colombo 4

Answer: You can purchase the Lawyers' Directory from the Bar Association of Sri Lanka at No. 153, Mihindu Mawatha, Colombo 12. Tel. No. 2447134/2387477/2331697. This Directory is sold at Rs. 800 to lawyers and at Rs. 3,000 to non-lawyers.