OPA At Your Service

Questions and Answers

Payment for Disconnected Electricity Meter - My Meter A/c No. 4892407011 - Kelaniya

Question: I have obtained my electricity connection by submitting an application form in 1993. The building collapsed and the electricity connection was severed. Even though, the connection was severed I was paying in between Rs. 30 and Rs. 40 as a monthly rental.

Recently a bill was forwarded to me as follows:

Undated Rs. 7509.76

Fuel Charge Rs. 538.65

16/07/2008 Rs. 714.08

16/07/2008 Rs. 560.48

19/08/2008 Rs. 1312.50

Rs. 10,635.47

I have brought this mistake to the notice of the meter reader, and he has readily agreed upon.

But, no action had been taken up to date to rectify the mistake. For the month of September 2008, he has registered Rs. 250 as charges for electricity consumption, without correcting the mistake they have already made.

Were seek your worthy advice on this matter please.

- S. Kaleel, Malwana

Answer: We discussed your matter with the CEB Kelaniya Office. According to them this could be due to mistakes made by the meter reader. Minimum charge has been increased to Rs. 240 per month from 2006. Since you have been paying the minimum charge even prior to 2006, it is obvious that something has gone wrong with the meter reading figures (or estimated consumption) presume you wish to have this account open for future connection. If not you could request to close this account.

We suggest that you call over at the Kelaniya Office and meet the Revenue Cordinator Miss Manjula, who will assist you to sort out the outstanding payment of Rs. 10,635/47 caused by error.

Registration of Charitable Institutions

Question: I am an avid reader of all documents or advise given by your esteemed organization to various readers of the Daily News on a variety of subjects, I too would like to benefit from your Organisation by posing the following questions:

1. Are all charitable institutions required to be registered with some authority or body? If so, with whom and where (address)

2. If a charitable Institute has already been registered how and from whom/where does one obtain a certified copy?

3. How many individuals constitute a Board of Directors of a charitable institute and how or by what name should such a Board be called?

4. Is the registration of such an Institute done once and for all or has registration to be done annually?

5. Have we to inform someone/authority, whenever a Board member resigns and a new member installed in his place.

6. Any other information pertaining to charitable Institutions which you may feel would be relevant to me would be most welcome and greatly appreciated.

I have already sent you my request by fax. However, since I feel this is inadequate for your good selves to reply. I am following it up by post. Trust you will reply either by Fax or through your column in the 'Daily News' and oblige at your earlier convenience.

- C.E. Coenrad, Colombo.

Answer: Yes all charitable institutions have to be registered. It can be registered with the Divisional Secretariat or the District Secretariat as appropriate. If it is a foreign Funded or foreign fund receiving charitable institution, then it has to be registered with the National Secretariat for NGO's at the Ministry of Social Services and Social Welfare. This office is on the 5th Floor at Sethsiripaya, Battaramulla. You may contact the Director on Tel. 2888424 or obtain more details on the Web. www.ngosecretariat.gov.lk.

The registration requirement is for voluntary charitable Institutions or Organisations under the voluntary Social Services Act. You have to provide details of the activity of the Organisation. Once registered they will provide a Certificate of Registration. This is once and for all registration. However any changes in the activities or office bearers have to be informed.

In addition you can also register the organization with the 'Registrar of Companies' though not necessary in which case you have to have minimum 2 directors and any change of the directors have to be informed within 20 days. Also annual returns have to be forwarded to the Registrar.

Deductions from Gratuity

Question: I shall be thankful if an answer is given to the following question in the 'Questions & Answers' Page published by the OPA in the 'Daily News' every Thursday.

Under Section 13 of the Payment of Gratuity Act No. 12 of 1983 an employer is entitled to make deductions from gratuity payable under the Act in the following circumstances- to the extent of the damage or Loss Caused by the employee:

1. The termination of services for reasons of fraud, misappropriation of the employer's funds.

2. The termination of services for wilful damage to the property of the employer.

3. The termination of services for causing the loss of goods, articles or property of the employer.

Nevertheless, there are employees, whose services have been terminated for reasons other than what has been specified above, e.g. retirement, vacation of post, discontinuance for unsatisfactory attendance etc. but deductions made on various grounds. Is this possible? If any such deductions are made contrary to the provisions of the said Act how could such employees seek relief.

- H.W. Goonesekera, Panadura.

Answer: Yes, as stated by you in your question, unless terminated for reasons covered under Section 13, of the payment of Gratuity Act. No. 12 no diction can be made from the amount due as gratuity.

Even if not terminated but given the option of resignation by the employer to an employee who has committed any of the offence under Section 13, it is legal to deduct such amount from the gratuity.

If not the employer cannot make any deduction from the gratuity.

If any such undue deduction is made you can complain to the nearest Assistant Commissioner of Labour.

However we must caution you that in one case over payment of salary was deducted from the gratuity and when an appeal was made against this deduction, the Commissioner of Labour upheld it to be reasonable and allowed the recovery of the overpaid salary from the gratuity, although not covered under Section 13.

Fate of the gold statue of prince Dharmapala

Question: During the Kotte period a gold statue of the crown prince was sent to the Pope, in Italy. Please let me know in which country the statue is kept at present. (and in whose custody).

Dr. B.G. Punchihewa , Ratmalana.

Answer: You must be referring to the Ivory casket studded with rubies and other precious stones. This casket has several panels in relief, one depicting Prince Dharmapala being crowned by the emperor.

These panels are symbolic of prince Dharmapala being crowned by emperor Philip of Portugal, and the coronation being held symbolically in Lisbon.

The coronation was by one of the subordinates of Emperor Philip as delegated by him.

Other panels were embossed with dancing girls, floral and vegetation decoration and friezes of lions.

This casket is currently held in a museum in Munich called Schatzkammer Der Residenz, Munich, and the exhibit number is 1241.

We presume you are referring to this as we cannot trace any gold statue and it being sent to the Pope in Italy. Some mix up perhaps.

Combing medical leave with annual leave

Question: Please answer the following questions for my benefit and also for the benefit of others.

I am working in a leading private bank. I was on annual leave for one week. At the tail end of my leave I fell ill and was hospitalised for two days.

The Consultant Doctor who treated me wanted me to take bed rest and gave me a medical certificate for further one week. But the bank forced me to come to work in spite of the medical saying that annual leave cannot be followed by medical leave.

But I stayed two more days and reported to work against medical advice.

Please let me know whether this rule is legal and if I am penalised what action I should take.

Ms H. Mendis, Colombo.

Answer: Usual rule is that you cannot combine leave with annual leave. It is a misinterpretation to state that one cannot combine medical leave with annual leave.

This may be said due to some persons abusing their leave entitlement. Since you had been hospitalised (sure you will have a document to prove hospitalisation) and since a Consultant doctor has recommended best rest, issuing a medical certificate, some officer in your bank is being unfair. Managers are there to use some discretion and not to apply the rules blindly. Your employer is wrong both legally and morally.

If in case you are penalised you can report the matter to the Labour Department. We have already checked your case with an Assistant Commissioner of Labour.

Obtaining Marriage Certificate

Question: I am addressing the letter to you with the intention of soliciting your cooperation assistance and advice regarding a problem confronted by me in not being able to obtain a copy of my marriage certificate.

I list below the facts of the problem: my wedding ceremony was held on 12-10-1967 at "Sri Kotha" premises Kollupitiya and the registration of the Marriage was also held at the same venue.

However as the registration was done in the Colombo District, I made individual applications to the Divisional Secretariat at Vajira Road, Colombo 4 and Dam Street respectively. In doing so I mentioned that I am unable to state precisely or identify the particulars of Registrar in view of the facts stipulated above. The respective Secretariats have informed me that they are unable to trace the entries.

Unfortunately, my wife also met with a motor accident in the year 2002 and succumbed to her injuries at the National Hospital Colombo. Since the accident was caused by the owner driver of the vehicle, with a view to obtaining compensation a Letter of Demand was sent to the owner driver with copy to his Insurer. The Police case dragged on for a period of 5 years and after the judgement was given the Insurer sent me a claim Form and having perfected it with most of the documents requested, excepting the Marriage Certificate for which I substituted with a letter obtained from the Grama Sevaka of my area of residence which was counter signed by the Divisional Secretary explaining the circumstances under which the letter is submitted.

The Insurers have since informed me that the letter regarding the Marriage Certificate is insufficient for their requirement and until a copy of the Marriage Certificate is furnished they are unable to proceed with the claim.

In view to the facts spot lighted above I shall be very much obliged to you if you could extend your worthy assistance in solving this problem.

Incidentally, I am 80 years of age, at the moment and not in the best of health to move out freely, therefore I trust that you would consider this submission sympathetically and extend the courtesy of helping an elder.

-C.J. Perera, Panadura.

Answer: Although the Divisional Secretariat would have found it easier to trace our Marriage Record, if as requested you were able to provide the name of the Registrar, there is till a possibility of tracing your Marriage Record.

Since you have the exact date of registration as 12.10.1967, the Divisional Secretariat at Vajira Road, Colombo 4, may be able to trace it from their computerized records. We could not do it as we require your full name and the full name of your wife.

Considering your age a helpful officer at the Divisional Secretariat is willing to assist you. It is best you call over and meet this officer as in any case you have to make an application in order to obtain a copy. If you wish prior to calling over you can check the availability of your Marriage Record by providing the full names etc. You may inform them that the OPA has requested you to contact them.

The Officer is Ms Ramya Bharathi and her Tel. No is 2588624.