Asking for a sample under RTI Act
Question
I reside in a house close to a main road which is under construction. We complained to the Urban Council several times to construct the road properly. However, the construction work had been given to a private constructing company. We doubt whether quality of the concrete is up to standards. Can I ask on behalf of all the villagers for a concrete sample under the Right to Information Act? From whom should I ask for information?
Daily News Reader
Answer
Under the Right Act No. 12 of 2016 “information” includes any material which is recorded in, in any form including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy thereof;
Therefore, you can request for a concrete sample under RTI Act. The next question is from whom you should ask? First you can request for information about the construction company. After finding details, you can ask them to provide sample of concrete they are using to construct the road. Because according to the interpretation section of the RTI Act (Section 43), ‘Public Authority’ includes ‘a private entity or organization which is carrying out a statutory or public function or service, under a contract, a partnership, an agreement or a license from the government or its agencies or from a local body, but only to the extent of activities covered by that statutory or public function or service.
Misconduct revealed after retirement
Question
I am working in a government Department. Please let me know what action can be taken on a misconduct committed by an officer whilst in service, which is revealed after retirement? What is the action to be taken to recover the loss caused to the Government, if any, when a misconduct committed by an officer whilst in service is revealed after sending him/her on retirement?
Sunil - Ragama
Answer
Disciplinary action cannot be taken against an officer unless such an officer has been retired under Section 12 of the Pension Minute. Therefore, action should be taken under general law.
If the officer is found guilty of the charges under general law, it is possible to recover the loss caused to the Government by the officer from the pension as per provisions in Section 43 (a) of the Pension Minute.
Attesting marriage of own children by a registrar
Question
Can a Registrar of Birth, Marriage and Death attest a marriage of his/her own children who reside in his/her authorized area? Is there a legal barrier to do it?
Chandrika - Kadawatha
Answer
A Registrar of marriage cannot attest a marriage certificate of his/her own children. In that case he/she has to inform the Registrar General Department and make necessary arrangements.
CPC amendment on pre-trial
Question
I am a Law Student. Please let me know the recent amendment to Civil Procedure Code which includes pre-trial. Please explain what is a ‘pre-trial’?
Answer
As per the recent amendment to the Civil Procedure Code Act No. 08 of 2017, the court shall forthwith on the expiration of the time allowed for the filing of the answer; or where a replication is permitted, on the last day of the time allowed for the filing of that replication and whether the same is filed or not, appoint a date not earlier than three weeks and not exceeding two months from such date for pre-trial hearing to be commenced, either in the presence of all parties to the action or such parties as are present.
Chapter XA of this amendment further explains the procedure for pre trial.
Registration of a Timber Enterprise
Question
I am a businessman engaged in timber business. I am going to open a timber enterprise in Ratnapura soon. Is it necessary to register it? If so, what is the procedure?
Senaka - Moratuwa
Answer
Under the Forest Ordinance, registration of privately-owned timber enterprises is a legal requirement. And the Forest Department issues annual permits for such enterprises. Therefore, you should fill the application for registration of Timber Enterprises and submit it to Forest department. You can contact the Forest Department for further details.
Night shifts of women employees at a work place
Question
There is a work place close to my house where women are working even at midnight. Can a female employee work in a work place at night time. Is it legal? Please advise.
Subadra - Kalutara
Answer
According to the provision of the Employment of Women Young Persons and Children’s Act No. 47 of 1956, an employer could employee women at night subjected to following conditions.
(i) No women shall be complied to work at night against her will.
(ii) Written sanction of the commissioner of Labour should be obtained by every employer, prior to the employment by him of women to work after 10 p.m. at night.
(iii) No women who had been employed during the hours of 6 a.m. and 6 p.m. shall be employed after 10 p.m. on any day.
(iv) Every women who works at night shall be in receipt of a payment of not less than one and a half times of the normal payment received by her.
(v) There shall be appointed female wardens to see the welfare of women workers who work at night.
(vi) Every woman worker working at night shall be provided with rest rooms and refreshments by the employer.
(vii) No women shall be employed for more than ten days on night work during any one month.
Add new comment