Organization of Professional Associations

Questions and Answers

‘Restriction for construction within 300 meters from the sea in coastal areas’

Question: The above board suddenly came up the previous weekend along Puran Appu Raja Mawatha, Moratuwa in front of the Railway North cabin.

Answer: It says: “It is forbidden to make any construction or effect repairs within 300 metres from the sea without a certificate from the Coast Conservation Department”.

When inquired from the Coast Conservation Department Head Office, Mr. Lalith (Tel. 2449754) and at his request verified from Miss Lusanth in Moratuwa (Tel. 2658930) it was made clear that there is no problem regarding construction on lands over 45 metres from the sea.

According to them, only a formal certificate has to be obtained for such development within 45-300 metres from the Coast conservation Department coming under the Fisheries and Water Resources Ministry.

This was earlier over 100 metres but now reduced to 45 metres. These have been clearly marked with CCD - UDA posts at 45 meter distances from the sea.

They also made it very clear that what were formally marked at 100 metres were subsequently removed and repositioned at 45 metres, when the change was done. Permission however, will not be granted for any such development up to 45 metres from the sea.

Hence a negative scary board exposes some logic within. But how can the normal man find out whether his land comes within 300 metres, since it is not marked. He only runs a risk at the mercy of the officials.

Will all Departments endorse what the officials stated? Will they amend the board to make it clear, thus reducing unnecessary telephone calls to these busy officials?

C. B. Fernando, Moratuwa.

Answer: We don’t see anything scary about the Board Except such Boards should have come up long ago and in most coastal areas perhaps the Post Tsunami Constructions has prompted the Authorities to put up this Board.

As per the Coast Conservation Act No. 57 of 1981. No development activity may be commended in the coastal zone without a valid permit issued by the Director Coast conservation.

The land ward limit at the Coastal Zone is defined as being 300 m. parallel to the High water line. Permits are granted in terms of the coastal zone management Plan mandated by the Act.

The current coastal zone management plan is published in the gazette (Extraordinary) No. 1479/11 of 24th January 2006. This “Set back” stipulation in the various coastal areas for different types of development activity are given in the Plan.

As in your area even 45m is allowable. Thus the requirement is to fill a simple application form (can be download also) and obtain a permit for any construction or to effect any repairs within 300 m from the sea from the Coast Conservation Department.

Use of Visa stamped on Passport now expired

Question: Since my USA visa, valid for 5 years, was issued in July 2006, I have had to obtain a new passport as the old one had exhausted all the pages.

Is it in order if I staple both passports together for my intended visit to the USA shortly or has anything else to be done regarding this?

Rajan, Colombo 3

Answer: This happens often where visas are issued for 5 years and the passport becomes invalid subsequently due to expiry or as in your case due to non availability of pages.

Although you have obtained a new Passport, your new passport will carry the reference (Passport Number) of your old Passport.

All you have to do is to produce both your Passports first to purchase a ticket and for emigration clearance at your departure. On arrival too you have to produce both Passport stapled together as stated by you. You will have to explain this at every point in order to avoid inconvenience to both parties.

Local Authority approved building contravening Street Line

Question: We commenced construction of a four storied building in 2000 for which the building plan was duly approved by the Local Authority, the Dehiwela-Mount Lavinia Municipal Council. On completion the Certificate of Conformity was issued in 2003.

A few days ago some officers, said to be from the Road Development Authority, had demarcated a street line for widening of the main road leading to the entrance of our building. If the road is to be widened now this will lead to the demolition of the building. We have already lodged with the RDA our objections to the proposed road widening on the above grounds.

I shall be glad if you would clarify our position.

1. Should not the Local Authority have been aware of the proposed road widening plans of the RDA in which event they should not have approved the plan unless the building was shifted to be away from the proposed street line.

2. If the widening of the road was a subsequent decision of the RDA would we be entitled to compensation to the value of the building and land at the market value prevailing at the time of acquisition?

3. If the RDA were to hold the Local Authority responsible for approving the plan will we be in a position to claim damages from the Local Authority.

J. Peiris, Dehiwela

Answer: We have no information to verify the facts stated by you. Therefore our reply is entirely based on the information provided by you as our reply would not be correct if the circumstances are different.

It is the responsibility of the Local Authority to check or advise you to check on the street line and get a certificate also from the same Local Authority.

Further the Local Authority has issued a certificate of conformity. Therefore the Local Authority is responsible if in case the street line was already there. Alternatively if this street line is a new one introduced by the Road Development Authority, then the RDA will arrange for compensation based on the value of the building and the land at the prevailing market rate. If there was an error by the Local Authority although they are liable for the damages it may be a long legal battle.

Exempt Income for Withholding Tax

Question: I refer to you Questions and Answers given in the Ceylon Daily News of October 04th.

In your reply under the heading - Inclusion of Pension for calculating withholding tax you have stated as follows:

For the Tax year 2007/2008 total INTEREST income upto Rs. 300,000 is tax free. INTEREST income between Rs. 300,000 and Rs. 600,000 will attract 2.5% tax... (highlighting is mine)

I have been issued a copy of a notice issued by the Sri Lanka Banks’ Association (Guarantee) Limited and also a letter from a private Finance Company in which it is stated that - ASSESSABLE income (total income including interest but excluding exempt income) for the year of assessment...

There is therefore a need for me to clarify as to which version is correct.

A reply either direct to me or through your column will be greatly appreciated.

J. A. H. Fernando

Answer: Yes it is correct that for the Tax year 2007/2008. Total interest income upto Rs. 300,000 (except Income) is tax free and interest income between Rs. 300,000 to Rs. 600,000 will be taxed at 2.5% as withholding tax. Beyond Rs. 600,000 it will attract 10%.

The question of assessable income includes all the income, not only interest income but includes income from all or any other source. From the total income you are allowed to deduct the above referred to Rs. 300,000 as exempt income, in order to arrive at the assessable income. It is the same Rs. 300,000 allowed as tax free for withholding tax is referred to exempt income.

Either if your interest income is over Rs. 300,000 or interest income plus any other income is over Rs. 300,000 you are liable for Withholding Tax to be deducted at the source of your interest income based on your declaration.

Route No. 5

Colombo-Kurunegala (VIA Minuwangoda) Bus Service

Question: Herewith I send my request which is addressed to the Minister of Transport. I am a daily traveller from Divulapitiya to Wattala. It is the output that I under go daily, morning and evening specially after office from 4.30 p.m. Mainly on Fridays I have being standing at the Wattala bus halt for hours on end. Either No. 5 bus does not stop or else not a single route no 5 bus moves towards Minuwangoda side.

On October 9th again I tried to contact the Transport Ministry at about 10.30 a.m. on telephone No. 2669307, but failed. Operator immediately confirmed that all the public relation officers are at a meeting. Therefore I was requested to call after another one hour on my account. Then I informed how many times I tried and unable to contact etc.,

I explained my requirement and he informed me that one name called “Supun” is in charge of this particular route and he transferred the call after about 7 minutes.

The person who answered from that end immediately informed that “Supun” is on leave, as I tried to explain the No. 5 route problem he purposely cut off the line. It is another agony to call the Ministry of Transport, worse than travelling by the route No. 5 buses.

I am prepared to give evidence on these incidents to anybody at your request.

Kindly look into this matter at your earliest. We are so helpless.

Mrs L. Weerasinghe

Answer: We have inquired about your complaint from the Ministry of Transport. They informed that it is a matter to be dealt by the National Transport Commission. The NTC requested that the complaint be sent to the Director General National Transport Commission, 241, Park Road, Colombo 5. (Tel 2587372). We have forwarded your complaint to the NTC today as requested by them.

Let us remind ourselves of ethical values we are enjoined to uphold

- H. L. de Silva, PC

Continued from last week

govern, must be undertaken with greater political will determination and sincerity, free from interference on political grounds. We cannot permit immunity from punishment for wrong doers. There is no place for private armies, outside the law-enforcement authority. There can be no room for “pistol-packing papas” seeking to protect their unruly offspring!

For the enforcement of the law to be effective there has to be on the one hand a strong climate of public opinion that is ever vigilant and demands and compels an active response to crime from the law enforcement authorities, and willingness on the part of the general public to co-operate and assist in law enforcement.

On the other hand, the Administration must publicly disavow any support from and refrain from any association with those proved to have been connected with crime and violence of every kind.

In cases where there are brazen violations of the law, against which no action is being taken, public interest groups need to agitate for the institution of proceedings through the media, through pubic demonstrations of protest and if need be to compel action through applications for writs of mandamus, and if necessary through the institution of private prosecutions and public interest litigation.

Law enforcement suffers when there is public apathy and acquiescence in brazen acts of lawlessness and the demoralization arising from acquiescing in impunity.

While the “activist approach” adopted by the Courts in recent years in the enforcement of fundamental rights has to some extent curbed, even discouraged, arbitrary executive action, for it to be truly effective, public officers who have been found guilty of such violations should suffer mandatory termination of employment and awards of punitive damages as the penalty for their misdeeds.

If such a consequence were to follow automatically, upon a judicial finding, public officers who are often pressurised by politicians to abuse their powers, would be better enabled to resist such unlawful demands and importunities.

Although we must be on our guard against the over-judicialisation of the business of administration, an ever present awareness of the exercise of an effective supervisory control by a prestigious and independent source is a salutary safeguard against any degeneration and somnolence in the People’s consciousness of their rights.

But the perennial question: Quiz custodies ipsos custodies? Who will guard the guards? remains a difficult question. Impeachment by the Legislature in today’s context when its decisions are open to political manipulation and Governments are weak and unstable, seems an inefficient mechanism.

Security of tenure is intended to guarantee independence in making decisions. But if the checks against aberrant behaviour be weak, and inhibits public scrutiny, it could lead to judicial tyranny and the negation of Justice.

Undeniably during the past two or three decades we have become increasingly aware of a deep-seated moral crisis that has affected our society at every level, both in public and private life.

A crisis that has continued to worsen, as we look on helplessly, one which we seems powerless to correct, as we slide into the abyss. There are incessant demands and a perpetual clamour for more rights and privileges, more freedoms, liberties, and immunities.

But correspondingly there is no real consciousness or genuine recognition of our duties, obligations or responsibilities to society or the Country which are an essential correlative and a corollary of such rights and freedoms.

Both our autochthonous Constitutions since Independence with substantial inputs from abroad, have unthinkingly accepted the view that Principles of State policy are not enforceable. This is unfortunate. While duties may be pedantically enumerated and sanctimoniously proclaimed the likelihood of their realisation and actualization may be neglected if not ignored altogether.

The reason for this is that the very Constitutional documents go on to declare rather apologetically that these very provisions “do not confer or impose legal rights or obligations and are not enforceable in any court or tribunal”.

We are precluded from even challenging State action in the courts on the ground that such acts are “inconsistent with such provisions.” (i.e. Principles of State Policy & Fundamental Duties) Would not such a public announcement of inaction and non-enforcement in the Constitution itself cast doubt on the seriousness of purpose and the credibility of the Administration which blithely holds out such promises yet does not fulfil them?

It is no doubt true that with the limited resources at its disposal no Government can be expected to fulfil the Utopian dream envisioned in the Chapter on the Directive Principles of State Policy.

But should not any complaint that State action is at variance with these principles be seriously examined to see what difficulties lie in the way of their implementation or whether inaction is justified?

A bland and blanket declaration of immunity from review would evince a cynical lack of concern for the realisation of these values so unctuously and self righteously proclaimed.

If we are to give any degree of credibility to the constitutional pledge of the Sate announced in Article 27 to implement the directive principles, (some of which may need revision), and of the fundamental duties and obligations expected of the citizenry that are enumerated in Article 28, then we must repeal Article 29 which leads to a cynical disregard of these solemn assurances.

The upholding of these principles and fundamental duties from time to time are essential to the foundation of a moral society based on ethical values. The abnegation of any possibility of their enforcement casts a blight upon any prospect of their realisation through innovative devices designed by resourceful lawyers and aided by a degree of judicial creativity.

“On the other hand, can we realistically expect the democratic process of election with its predilection for irrelevancies of ethnicity, class and caste to choose men of the highest moral stature? Our experience over the years has shown that the results in regard to the chosen representatives are more likely to reflect the average, the lowest common denominator in respect of moral excellence.

There is another disturbing question and a moral dilemma. In the field of practical politics are the soundest and the most practically variable decisions made by men who take an inflexible stand on moral issues?

To make decisions on moral grounds alone, regardless of all other considerations, where the rival contenders for power are by no means scrupulous in regard to the means by which their objectives are achieved, may in effect mean conceding the field to the forces of evil which are devious in their operation.

The wiser course of action may be to adopt a more pragmatic approach, even to the extent of moderating the original principles, as an acceptable compromise, in the real world in which we have to live,

Since it is a truism that politics is the art of the possible it may be unwise to adopt a rigid adherence to principle regardless of other relevant factors that need to be accommodated in certain instances, when confronted by unyielding yet conflicting forces.

The dilution of a principle once considered all important, may be necessary in the short term, if something of practical value is to be achieved in the long term. That is pragmatism in politics - a concession to human weakness”.

But can we speak meaningfully of moral integrity, if those called upon to make the vital decisions in regard to our national life at the highest level are in fact disabled from exercising their independent judgment by reason of fetters imposed on them by rules of party discipline and the price of disobedience is expulsion from the political party and thereafter from the legislature?

Of what use are those elaborate provisions relating to Parliamentary Privilege, the objective of which is independence of judgement, complete freedom of action, immunity from suit, to enable full freedom of speech and expression and most importantly the exercise of the right of conscience from within these ramparts which afford them protection?

Even freedom of thought and conscience is meaningless if one cannot give public expression to one’s honest views. Earlier this freedom was curtailed because of the principle of the collective responsibility of the Cabinet. But now it is more extensive being applicable to all who are subject to party discipline.

Even on controversial issues of national concern, we hear little else but servile echoes of the prevalent orthodoxy. Should we not put an end to what seems like a collective vow of silence by the elected representatives of the People, allowing for complete freedom of expression and vibrant debate so vital to moral integrity?

In the realm of political action, however, where the dominant considerations are purely political and the public interest, and not personal self-interest, there is I believe some room for the application of a more flexible standard.

In evaluating political decisions and political action, where personal interests are at best only peripheral, it would be legitimate to take into account factors that operate in the real world which are a far cry from the Utopian dream world.

In that sphere one has to take notice of the imperfections, the faults and moral failures, the stupidity and cupidity of the average man which is often reflected in mass behaviour.

Conscious of human weaknesses, electors may be generous in judgement in some cases, yet severe and exacting in others. The survival of the politician is dependent on the vagaries of mass opinion, sometimes accompanied by widespread waves of hysteria.

It may not be wholly wrong to conclude that the moral standard of the average politician reflects in large measure the prevalent moral standards of the electors. We cannot escape our own responsibility in this regard as we too are part of the immoral society.

If that be so, any upliftment in those standards depends on the whole community. If we do not act responsibly, as some wise man has remarked - at each election we will only be throwing out one set of sinners and putting another set of sinners in their place, who will then tirelessly continue to remind us of the rascality of their predecessors in office to justify their own misdeeds. H.L. De Silva, PC said in conclusion.

Unique and novel contribution to human resources development of graduate chemists and chemistry laboratory technologists in Sri Lanka

Professor J.N. OLEAP FERNANDO
Honorary Dean, College of Chemical Sciences

Continued from October 18

Graduateship Programme in Chemistry

The more ambitious high level programme to conduct courses and evaluate examinations for the production of professional Graduate Chemists at an academic level equivalent to that of a special Honours degree in Chemistry was subsequently contemplated by our forefathers in the mid-seventies: they took courage from the success achieved by the development of the technician programme at middle level; they took cognizance of the unfortunate fact that only about 2% of the relevant age cohort are admitted into the State financed (free) University system in Sri Lanka; they noted the fact that for many decades, Chemistry is the most sought after of disciplines for specialization in Universities from amongst the basic sciences; they recognized the absence of any other opportunities for degree level education outside the State university sector; they also realized that the district quota scheme for University admission that operates in Sri Lanka from the seventies shut out a number of academically more meritorious students for University education.

The Graduateship Programme in Chemistry thus formulated, was directed at producing professional Graduate Chemists who could obtain Graduate Membership of the Institute deemed equivalent to Graduate Membership of the Royal Society of Chemistry, UK. Since we had no office nor employees nor any other infrastructure, we negotiated & arranged with Aquinas College, where the technician programme was already being conducted, to administer and conduct the programme at weekends; making use of the services of our members working in Universities, research Institutes, service institutions and the private sector to conduct lectures and practical classes for a nominal payment.

Broadly speaking, it was anticipated that the following groups of students could benefit from the opportunities provided through the Graduateship Programme in Chemistry:-

(a) Those in middle level employment (eg. technicians), particularly in scientific fields, could use this opportunity to better their promotional or career redirectional prospects. This category would naturally include those who have followed our DLTC programme in Chemistry. DLTC holders can now enroll for the Graduateship programme even without A/L qualifications.

(b) Late developers can use this opportunity to come back into the main stream of formal education with a view to obtaining professional graduateship qualifications.

(c) Those persons who for economic or other reasons, were unable to avail themselves of the openings they had at the end of their secondary school career to enter the University, now have a subsequent opportunity to make good the loss by obtaining alternate graduate qualifications.

(d) University three year B.Sc Graduates who were unfortunate not to be selected to read for a Special Degree in Chemistry, now have a further opportunity to pursue a professional programmes of a standard equivalent to a special chemistry degree.

Such Graduates are exempted from Levels 1 & 2 and Section A Practical of the Graduateship Programmes and could therefore complete the Graduateship Programme in two years.

(e) The large numbers of school leavers, who though qualified for university admission, were denied the opportunity due to the very severe competitive nature of admission to Sri Lankan Universities, now have a further chance to pursue an equivalent programme without migrating to foreign climes and at much lower cost.

Part I of programme was launched in May 1979 with the maximum possible number of 72 students who could be accommodated from amongst the very much larger number who applied.

The programme however ran into serious teething problems when Aquinas College was hesitant to continue with the programme due to doubts it entertained as regards the economic viability of especially the practical courses.

The Institute therefore was compelled, though reluctantly & disappointedly, to look for another venue. After several possible alternatives were examined, the programme was shifted in 1981 to a renown private secondary school south of Colombo (S. Thomas’ College, Mt. Lavinia), where we have been able to continue with this programme with increasing success, speed, efficacy and efficiency for nearly 25 years until our own buildings were constructed and occupied in 2005.

The unexpected events leading to the above mentioned developments can be considered as the commencement of an unexpected success story of own Institute over the past three decades! The change of venue for the programme was also accompanied by the inevitable consequence that we had to run the management and administration of all aspects of the programme.

We were therefore compelled to rent out increasing amounts of space at Vidya Mandiraya and employ increasing number of employees at all levels; the CISIR (now ITI) Librarian very kindly agreed to house our limited collection of library books at its library in Colombo. We had to budget the costs of the programme, do the advertisement, select students and run the programme, all by ourselves.

However, the Institute of Chemistry Ceylon was consequently able to increase its net income that could be ploughed back to enhance the quality of the Graduateship programme as well as upgrade the quality and quantum of all other services provided by the Institute.

The space occupied by us as our office at Vidya Mandiraya (SLAAS headquarters) gradually increased in size. The number of full time as well as part time employees also increased. Some of the other striking features and developments over the past three decades are listed below:-

1) The commencement of the Part I (two year) and Part II (two year) and practical courses simultaneously in 1981. Student enrollment however took place only in alternate years since a given course could not be duplicated at that time with the very limited resources at our command.

To be continued