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OPA AT YOUR SERVICE

Questions and Answers

Use of standby generators to supplement CEB power generation

Question: I would appreciate if you would kindly reply the following questions in the "Daily News".

By operating all standby generators installed by consumers during the peak demand hour of 7 to 9 p.m. would the burden on the CEB be reduced by saving precious water in our reservoirs, by reducing transmission and distribution losses in the CEB equipment as well as by delaying the installation of new generators for the ever increasing power demand?

Answer: The CEB maximises the generation of hydro electricity being a cheaper source and the balance requirement is met with by using the oil based genertors which is a costlier source. Only during drought they are compelled to restrict hydro electricity. When the hydro power is reduced and the balance hydro power and thermal power is not sufficient to meet the peak demand, there is a need to use private (consumer) generators. This can be achieved only by compelling the consumer or private generator ownes to use their generators, though power cuts or penalty imposition. The cost of using private generators is more costly than CEB generated thermal power. To overcome this problem of using costly thermal power and to meet increasing demand, projects such as Kotmale hydro power and coal fired power plants are being implemented by the Government.

Yes there are losses in transmission and distribution. The CEB is trying to reduce this to some extent by replacing long overhead cables with underground cables and transformers/sub stations etc.

Answer to your second question on tender, results will be answered another day.

Lopping of overhanging tree branches

Question: I am the Project Secretary for environment of the Anderson Flats Welfare Society Ltd in Colombo 5, could you please advise me on the undermentioned question;

The Welfare Society Buildings eg. hall, library, sub post office are situated in the land adjoining the Dudley Senanayake Government school grounds on which an old Mara tree stands. The Mara tree is at the extreme end of the grounds and its branches are dangerously hanging over the roofs of the Anderson flats buildings. Requests made to the Dudley Senanayake school authorities have had no response, will it be illegal to lop the branches of the said tree for the safety of the Welfare Society members who occupy the above buildings.

Answer: Yes it is illegal for you or your Welfare Society to cut those overhanging branches. Under normal circumstances if the owner of the land, on which the tree is standing does not co-operate, you should make an entry to the Police and seek the assistance of the Grama Sevaka to mediate in the matter.

In this case the party involved being a school, the Principal may not have the funds or it may be a long procedure for him to organize the lopping.

We suggest that your Welfare Society meet the Principal and volunteer to bear the cost of doing so, or get his concurrence for you all to get it cut. Compromise is always better than conflict as both the school and the flat dwellers need each other as neighbours.

Filling of Beira

Question: The Beira Lake is being filled and shanties built overnight in areas bordering Vauxhall Street, Slave Island. No action has been taken to stop or at least inform them that what they are doing is illegal.

This situation will blow up one day when the authorities want to develop the area surrounding the Beira.

Will the OPA be able to advise through the authorities concerned that at least notices be posted in these houses and prevent the recurrence of a situation like the one we had at Slave Island.

Answer: We took this matter up with the Urban Development Authority (UDA) They are also aware of this filling of the Beira along the Vauxhall Street side. Even funds are provided to these people to fill and build temporary sheds for living. If you look at see the other side of the coin, where are these poor people to find shelter? At the rate their expanding population the Government does not have sufficient flats to offer to all these shanty dwellers. However there are plans to build flats to house Colombo's shanty dwellers.

Accolades for OPA

Question: A question that was hanging fire form 22.0807 and stalemated by the Consumer Affairs Authority to whom the matter was referred on 22.08.07, 31.10.07 and 9.11.07 receipt of which letters were expeditiously acknowledged but failed to bear any results, was resolved and settled by you within two weeks after referring the complaint to the Manager of a well known chain of Super Markets.

A bouquet of thanks for same not only setting the matter but also for the prudent and efficient manner in which the OPA attended to it within two weeks.

Please publish as consumers get fed up when lethargy is brewing in an Authority (being a statutory body) mandated for resolving the problems raised by the public.

There is another question I referred to you on 20.07.08 and 1.8.08 by Registered letter regarding the part payment of Insurance claim of my deceased wife on her Savings A/c at NSB.

Answer: We note your sentiments and your concern.

Regarding your Insurance Claim on the NSB Savings Account of your late wife, we have replied you in the Daily News of August 14, 2008. If you are unable to trace it, please let us know and we will send you a copy.

Recovery from gratuity

Question: I am in receipt of your letter dated 19-06-2008 and wish to thank you for the advice given in your letter regarding my matter. Many thanks to your association for the continued assistance to many readers on statutory and professional matters.

Answer: Trust our advice to you will be helpful. The Daily News has not been publishing their popular page for about 2 months or so due to space constraint and shortage of newsprint. The new Editor has kindly obliged to resume this page due to its popularity from June 26. Meanwhile we have sent answers by mail wherever we had the full address. We hope to be of service to the professionals and the public.

Non payment of pension

Question: My friend Ms S. D. Olegasegaram - Registration No. 124846 , retired after 23 years of service as a teacher on 10.6.1985. Due to various problems she migrated to Australia. She is entitled to her pension. The school (Methodist College, Colombo) has sent all connected papers properly and the Department at Green Path had duly acknowledged. Up to now her pension had not been paid. Living abroad she is appealing to you for help.

Answer: Sorry for not having replied to your question any earlier as we had been taking this matter up with the Education Department over and over again. Several changes have taken place in the Education Department since 1985 and now there are Provincial Directors dealing with matters of each Province. The papers relating to the above case cannot be traced by the Provincial Director of Education of Ananda Coomaraswamy Mawatha. They have not replied to several of our letters although when contacted they wanted us to send it in writing. We ultimately spoke to the Director who has suggested that Ms Olegasegaram or you on her behalf call over at his office with all the details. He also stated that there are several cases of teachers from private schools who have this problem even though residing in Sri Lanka.

Attractive interest rates for Savings Accounts

Question: For many years all the banks offered only 4 per cent to 6 per cent annual interest on savings account, but now some of the Commercial Banks are heavily advertising interest rates of 12 per cent and 14 per cent for savings accounts. What is the reason for the sudden change of heart and offer of higher interests by the banks or is there any catch in these offers. Whatever the reasons may be its good to know that the banks have come forward to help the lower income groups.

Answer: Don't forget that banks are also profit oriented financial enterprises not social service bodies. So whatever they do is to enhance their business and profitability. It is a service no doubt to the public but with mutual benefits. The banks pay lower interest for savings accounts as there can be frequent withdrawals and no minimum balance of considerable value. On the other hand banks pay high interest rates of 12 per cent to 18 per cent on fixed time bound deposits varying from one month to 5 years. They pay such high interest rates as this capital is definitely available to them for a known fixed period unlike the savings account (which operates on cash in and cash out basis).

If you carefully study the higher interest now offered on savings accounts (12 per cent, 14 per cent etc.) they demand a minimum balance of Rs. 50,000 or Rs. 100,000 maintained in the savings account.

Any sums above this can be freely deposited or withdrawn any number of times. Thus your minimum balance earns interest like a fixed deposit. Banks become more innovative as deposits become scarce and they want to attract more, even small deposits. However, you have to make sure that the minimum agreed balance is maintained, if not the interest offered will steeply drop down.

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Land Survey Plan

Question: A Registered Licensed Surveyors has drawn a true copy of a Plan prepared by a licensed surveyor now dead and gone. And he has certified it as "True copy of a photocopy." Is it in order for him to use a photocopy to do that? By doing so has he not deceived his client?

Can that Plan be produced in a court of law to define a disputed boundary?

If the District Court accepts that without knowing the reliability of that Plan can the DC make an order to a Registered Licensed Surveyor to define the boundary?

After the survey if the aggrieved party is not satisfied and if he requests through the courts to carry out the said survey by the Surveyor-General, can the S. G. make use of that same Plan to demarcate the correct boundary?

Answer: There are no orders governing the preparation of True Copies of a survey plan. However, a "True Copy" should not be prepared from a photo copy for the following reasons.

(a) The photo copy may not depict the corpus correctly of the plan and there may be distortions of the boundary lines.

(b) Some plans depict boundaries in colours like red, green, brown, blue etc. These colours do not appear on the photo copy. Therefore, the plan prepared from a photo copy will not be a correct copy in its true sense.

Such a plan should not be produced in courts or used to define a boundary.

The surveyor has clearly stated on the plan that the "True Copy" is prepared from a photo copy. Therefore, the courts will be fully aware of the correct positions of the plan, in that, the plan has been prepared from a photo copy. The balance is a matter for the courts to decide.

This is a matter for courts to decide whether the survey should be carried out by the Surveyor General and next, it is for the Surveyors have prepared such plans.

Certain extreme situations arise when a person applies to the local authority for an approval of a recently surveyed plan. If the person is unable to produce the old plan his new plan will never be approved. He needs the local authority approval either to transfer the land to a child or for sale or to obtain a facility to develop the land or his business. Knowing the outcome of what would happen if he does not produce a copy of the old plan he appeals to the surveyor to prepare a copy of the old plan from the photo copy after explaining the predicament he is in. What does the public expect the surveyor to do in such a situation? Does the public expect the surveyor to stand on the professional pedestal and declare on the basis of righteous professional conduct that he will not prepare a true copy from a photo copy? Which means that the land the person owns cannot be developed for all times. He will not be able to sell or mortgage or transfer the land to his children. Probably it must have been under those circumstances that the surveyor prepared that plan.

There have been worst situations when the surveyor has to act on the doctrine of necessity. Meanwhile, the surveyor may have taken precautions and ensured that the photocopy could be accepted within limited.

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Send in your questions

The Organisation of Professional Associations of Sri Lanka (OPA) will cover questions in all professions and subjects of common interest to the public in the "Daily News OPA At Your Service" page every Thursday. Please make your question brief. Questions can be directed to the OPA on e-mail,[email protected] or [email protected], [email protected] Fax: 2559770 or write to the Professional Centre, 275/75, Prof. Stanley Wijesundera Mawatha, off Bauddhaloka Mawatha, Colombo 7".

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