Organisation of Professional Associations of Sri Lanka

The OPA was founded on 29th April 1975. Today it is the apex body of 39 Member Associations with a membership of 35000 professionals.

The OPA has engaged in many activities that had a direct benefit for the professionals and the community at large.

The Objectives of the Organisation include:

(a) The providing of a Forum for discussion of matters of professional interest and for consideration of all matters requiring multi-disciplinary study;

(b) The promotion of the interests of the professions and the safeguarding of the common interests of the professions.

(c) The fostering of the participation by the professions in all matters of national and regional interest and promoting such interest by co-operation with both Governmental and non-Governmental Organisations;

(d) Furthering the development of existing and new professions in the country;

(e) The promotion of the establishment of a “National Council of Professionals”;

(f) The provision of such facilities and services as are conducive to the functioning and development of the various constituent bodies.

(g) The setting up of a professional Centre for the promotion of the aims and objects of the Organisation and the conduct of its business and activities;

(h) The promotion of establishment of professional Centres in the Provinces and fostering of professional activities through such Centres.

The Membership of the Organisation is open to Professional bodies. The management of the Organisation is vested in the President, General Secretary and Treasurer who are elected annually by the General Forum.

The Office Bearers are answerable to the Executive Council and the Forum, which represents the Member Associations. The OPA from the beginning has been advising the government in power to resolve major national issues.

Most of the National Issues in question have been addressed by the Organisation at its Annual Sessions held. Some of the Major topics discussed in recent times are:

1. “Whither Good Governance”

2. “An Intergraded Sustainable Development Policy Framework for Sri Lank”

3. “Public Interest Litigation in Sri Lankan Polity”

4. “The Nation, Civil Society and Responsive Governance”

5. “The Professional and Society”

6. “Health in Sri Lanka-Challenges and Responses”

The Skills Development Committee of the OPA was instrumental in training over 1000 personnel for the construction industry.

Further, the OPA was instrumental in drafting the 17th Amendment to the Constitution which established the Constitutional Council and Independent Commissions. Members of the OPA are also actively engaged in assisting various Ministries as consultants.

The OPA has also made representations to the Minister of Constitutional Affairs on the implementation of the Official Language Act.

The National Issues Committee of the OPA has been very active in all National Issues and has submitted proposals to the Select Committee on Electoral Reforms. They are also in the process of submitting amendments to the 17th Amendment.

Question and Answers:

Constitutionality of Appointment of President’s Counsel

Question: There is blatant discrimination of other professionals by restricting the appointment of President’s Counsel to Lawyers only, as a result of the glaring anomaly in the provisions in Article 27 (b) and Article 33 (cc) of the Constitution.

He inquires if appointments of such President’s Counsel are constitutional.

J.K. Wijedasa

([email protected])

Answer: 1. The 2nd Republican Constitution of 1978 provided for

(i) Equality of opportunity to citizens so that no citizen may suffer any disability on the grounds, inter alia, of Occupation-in Article 27 (b).

(ii) The power of the Chief Justice with any three judges nominated by him to make rules of the Supreme Court regulating generally the practice and procedure of the Court including, inter alia the appointment of Senior Attorney’s at law in Article 136 (1) (g).

2. The Eighth Amendment to the Constitution certified on 8th March 1984 rescinded the above provision for appointment of Senior Attorneys-at-Law and empowered the President to appoint Attorney’s-at-Law as President’s Counsel who would enjoy all such privileges as were enjoyed by a Queen’s Counsel. (Article 33 (cc)).

3. No inconsistency was pointed out by the AG in terms of Article 77, or any member of the Public in terms of Article 121 of the Constitution. The provisions in Article 33 (cc) is therefore “Constitutional” notwithstanding the alleged discriminatory anomaly.

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Structural modification to my dwelling house

Question: Could you please advice me with regard to the structural alteration that I wish to make to my house.

Lakshamn Perera,
Nawala, Rajagiriya.

Answer: You have to contact the Institute of Engineers, Sri Lanka at Vidya Mawatha Colombo 7 and they will direct you to a Structural Engineer whose services you will have to pay for.

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Since the 1983 riots I have been unable to get my dues from the bank

Question: I was affected by the ‘83 Riots. I am still unable to obtain my dues from the Bank.

Eswaran Kathiresan
- Dematogoda.

Answer: Please contact Walter Ladduwahetty, the Financial Ombudsman at 141/2, Vajira Road, Colombo 5 (Tel. 2436040) and obtain his assistance.

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Private practice for professionals in Government service

Question: I understand that only valuers are allowed Private Practice. Why are doctors, surveyors, engineers and accountants not allowed to do Private Practice.

P.K. Satkunam
- Trincomalee.

Answer: As a rule Officers in Government Service are not permitted to engage in private practice. When there aren’t sufficient professionals in the Private Sector the professionals in the Public Sector are being allowed to do Private Practice. The Government decided to extend this facility for the benefit of the public.

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Date for Act 16 examination for foreign qualified medical graduates

Question: I am a foreign Medical Graduate who returned to the island after qualification in January 2007. The Sri Lanka Medical Council is unable go give a date for the next Act 16 Examination. Can you find out why?

A.S.M. Mohamad
- Colombo.

Answer: Our inquiries from the Sri Lanka Medical Council reveals that the next examination will be held in May 2007. The specific dates will be notified in the press and on the notice board of the SLMC.

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Delays in judicial process

Question: I am a litigant in a land matter for over 12 years. Can the OPA intervene in making the judicial process more efficient by making the determination to be made quicker.

A.S. Fernando
- Nawala.

Answer: The OPA is unable to intervene directly in your litigation. However, the OPA is concerned about inordinate delays, particularly in respect of litigation relating to land. Representations have been made and will continue to be made re the causes for such delays and measures that may be adopted to considerably reduce such delays.

The proposed disposal of appeals by High Courts will undoubtedly partially redress this situation.

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Serving of Summons on a Respondent who has left the country

Question: A case was filed over 25 years ago in a District Court for the recovery of money lent on a gentleman’s agreement. Although the defendant admitted the facts the D.J. dismissed it as there was no written proof. The Court of Appeal upheld the DJ’s decision.

The petitioner then went to the Supreme Court. As the defendant has migrated to a Commonwealth Country the SC Office is unable to serve summons.

Will our High Commission in that country help to serve the summons if the SC Office requests? If not what is the course to have the summons served. If after 2 years summons are not served, can this case be decided ex-parte. If the petitioner succeeds how does he see the judgement executed.

M.T. Nathan
- Mt. Lavinia.

Answer: You speak of litigation for over 25 years but you have not mentioned whether you had retained Counsel to represent you.

However, you state that your case is presently pending before the Supreme Court of Sri Lanka and that your opponent has migrated to a Commonwealth Country.

Notwithstanding the very sketchy details you have supplied, we however, wish to inform you that there is no procedure in the Supreme Court to issue summons. This is done in an original Court, such as the District Court.

However, if you are able to submit the address, required money for postage, etc to the Registry of the Supreme Court, the Registry would issue Notice on such party, giving details of the litigation pending and requiring such person to appear or be represented in the Supreme Court.

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High prices of imported sugar and potatoes

Question: Why are imported sugar and potatoes which are low in price being sold at much higher prices?

Chandra Mettananda
- Nugegoda.

Answer: Import of an item that can be sold at a lower price than that of the locally produced one can be justified from the point of view of the consumer.

In view of the above not only sugar and potatoes, but also many other items can be imported and sold at lower prices than those of locally produced ones. However, it is difficult for any Government to resort to this due to several reasons.

1. Limitation in the availability of foreign exchange to meet all the import bills. Saving of foreign exchange is vital for import of essential items.

2. Though foreign exchange is spent on the importation of agricultural inputs such as fertilizers, pesticides and planting materials in case of potatoes, the amount spent is lower than the amount required for the importation of the finished products.

Eg. Sugar and consumption potatoes - when locally produced, there is provision of employment to farmers and others involved at various stages in the input supply chain such as, importation, transport, marketing etc. In a similar manner, at various stages from purchase of the farm produce to the selling point to the consumer or the end-user, employment opportunities are provided. In both the above processes there is value addition which leads to the development of local economy to raise the living standards of the local farming community as well as others involved in the related activities.

3. Emphasis has been placed on the production of bio-fuel as an alternative to petroleum products at the international level. The main crops ear marked for this are sugarcane, wheat etc. There will be a very high demand for similar crops in the future. In this situation, local production is vital to ensure food security.

4. Locally produced potatoes are of better quality that of the imported potatoes.

It is true that the agriculture sector should not be developed at the expense of the consumer. The consumer should also be safeguarded.

However, the responsibility lies with the relevant organisations involved in Agricultural Research and Extension. It is their priority and responsibility to invent new high yielding crop varieties along with improved cultural practices to increase the agricultural productivity in order to reduce cost per unit of production to safeguard the consumer and to effectively compete with cheaper imports. Improved cultural practices will minimize the negative impacts on the environment due to cultivation of crops. Judicious use of pesticides, and proper application of fertilizerswill minimize environmental pollution. Loss of soil fertility, and erosion can be minimized by adopting improved cultural practices.

In respect of sugar and potatoes as well as many other crops the above objective has not been achieved as yet. At present the cost of production of sugar and potatoes is about Rs. 50 and Rs. 35 per kilogram respectively. It is the prime duty of the relevant ministries and organisations to give priority to address the issues of above nature.

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What are the benefits in joining the OPA

Question: I am a life member of the OPA. My professional Institute is the SLIM. What are the benefits which I can get through OPA membership.

N.B. Himendra Bandara Ballale - [email protected]

Answer: Becoming a member of the OPA gives you the opportunity of meeting other professionals and an opportunity to learn about the other professions (as much as 27 professions). You will have the opportunity of attending regular seminars and lectures on current and important topics affecting the professionals and the nation in general. There is also a Senate which has regular debating opportunities for you to develop or contribute. There are other facilities such as a well equipped auditorium and a restaurant. In addition regular fellowship, get-togethers on special events along with family members, also sports activities. It is an ideal opportunity to develop oneself as a true professional, not forgetting the ethical side of professionals.

Seminars and lectures organised by OPA for March

March 1 - Lecture on “Selecting the best Quality Management Certification Body for International Recognition”

March 9 - Seminar in association with the Sri Lanka Dental Association.

March 17 - Educational tour to Bogala mines

March 31 - Seminar in association with the Association of Agricultural Professionals.

Participation at seminars and lectures is open to all professionals as well as the public (Limited to seating capacity in the OPA Auditorium).

Appeal to all outstation professionals

Reactivation of Provincial Professional Circles (PPCC)

The OPA has decided to reactivate the PPCC. Despite a most promising start, the exercise has been allowed to remain dormant and continuity of plans for the PPCC’s neglected.

This is an appeal to the Regional Committees in various Provinces and towns of Sri Lanka, even if they have been relatively dormant, to kindly forward to the OPA a list of Office - bearers and Members. The objective is to reactivate the process and to facilitate regular interaction between the OPA and the PPCC’s.

The noble Aims and Objectives of serving the polity in the regions with professional advice and the help required in the pursuance of their commitments in the various fields of activity, occupations and professions for the development of their localities according to their own priorities, and in doing so for the overall development of the Country, could thus be given the fillip that is required at this vital juncture in the history of Sri Lanka.

Your early response is solicited for us to organize visits and discussions with your organizations with the idea of taking the movement forward. We would in turn invite Office-bearers in the Regions to working sessions at the OPA, to further the cause.

Your responses may be addressed to General Gerry de Silva, Convenor of the PPCC of the OPA at 275/75, Prof. Stanely Wijesundera Mawatha, Colombo 7, by 15th March 2007.