OPA At Your Service

Questions and answersSpecial incentive for teachers with English proficiency

Question: My sister, an English Trained teacher with 25 years experience passed the GAQ with English as a subject and then passed the BA in the English Medium with English as a subject as an internal student at Peradeniya University recently.

May I know whether such teachers are paid a special incentive bonus by the Department of Eduction for offering English as a subject for the GAQ and the Degree? I, understand, there is a circular with regard to this, as a teachers are encouraged to offer English as a subject for the Degree etc. as there is a dearth of English qualified teachers. If so, kindly let me know the circular No. and date, please.

Also please let me know through this column, whether she is entitled for a special increment because she is now a trained, Graduate Teacher.

E. Jamaldeen

Colombo 3

Answer: We took this matter up with the relevant section in the Ministry of Education and we are sorry to state that this department is the most difficult department to deal with. The lady there does not corporate at all and never provides any positive response. We don't understand what her difficulty in telling us whether there such a scheme in operation or not.

Her only advice is that the Teacher concerned should write directly to the Zonal Director with copies of certificates etc. and that the Zonal Director will provide a response or he will refer the case to the Secretary, Ministry of Education for his re-commendation. Why not write to the Zonla Director and keep us too informed of the outcome. We subsequently contacted the Secretary. Ministry of Education and according to him teachers are not entitled to any incentive or allowance for obtaining proficiency in English or other langauges.

Share of Intestate Property

Question: I would be grateful if you could kindly answer my question.

My father passed away in 2000. We have five members in our family except my father. Two (2) elder sister, one younger sister and mother. I am the only male.

The Both elder sisters are married. The Younger one is still unmarried and she is now 30+ living with our mother.

I am married to a Sinhalese lady and I have one child. This was after my father's death.

Both elder sisters got married before our father's death. For the past three years I was living separately in a rented house.

I am now having difficulty in paying my monthly rental. I decided to move to my parent's house where our mother and younger sister reside.

This house was purchased by my father before his marriage. Now my mother is not allowing me to stay (live) with my wife and children in this house with them. She is having an idea of giving this house to my younger sister as a dowry. In fact we have no other property else where. Both elder sisters have given their consent to give this house as dowry because they have everything (House and properties).

My question is

I. Can my mother do this as she wants

II. What "Rights" do I have to his property.

III. What are the entitlements for the family members.

IV. Are my brothers-in-law and my wife and children entitled to this property.

V. In this property were to be sold how will the money coming from the sale be divided?

The CEB/Water Bills come in my mother's name. I am quite sure there was no "Last will" left by my father before his death.

Sir, I am expecting your early response on this.

Ram, Colombo 5.

Answer: You state that your father has not left a last will but on the other hand you have stated that the electricity and water bills are in your mother's name. It is not possible for the two bills to be in your mothers name if the house is not in her name. Also if the house in her name, she does not require the consent of your married sisters for her to give this house as a dowry to your younger sister.

The best thing is for you to check at the land registry to find out in whose name the house is. If the house is in your father's name you should find out how the electricity and water bills are in your mother's name. There could be fraud.

Under the 'Common Law' your mother is entitled to 50% (or half share) of the house or its sales proceeds. The balance half share (or 50%) is to be divided equally amongst the living children.

That is the four of you (yourself, two elder sisters and your younger sister) will get 1/4th share of half share, which is 12.5% share for each one of you.

Your wife of your brothers-in-law and your children are not entitled to any share.

Mistake in name while renewing National Identity Card

Question: My National Identity card bearing No. 485891986 V was issued several years ago (I am 60 years old) and the handwritten parts became faint and illegible. Therefore I wanted to renew the Identity Card.

I submitted my National Identity Card with original of Birth Certificate and other supporting documents through the Grama Niladari at Kirillapone. My application form as filled in English with name as Mrs. Nirmala Nadarash. Seven months later I received the renewed Identity Card but my name written in Sinhala and Tamil reading as Nirmila; - nobody has such a name though! Though it looks on insignificant error it causes problems in Statutory Matters because the name does not tally with other documents.

What bothers me is that the Grama Niladari cannot do anything about it and it appears that there is no mechanism to correct it. Also the Registrar's office did not send back the original of the Birth Certificate though they are expected to.

I have come to know that the staff at the Registrar's office have made similar mistakes for other people also and do not seem to realize the problems they are causing to people by their negligence.

Having come to know there is an Ombudsman-like branch in your Organisation I am sending this letter to you in the hope that you could kindly verify and inform the procedure to be followed for rectification of the mistake. The Registrar of Persons still has the duplicate of the old identity card and will have no difficulty in discovering the present error. I am sure that giving publicity to this problem along with the appropriate solution will help many others in the same plight.

Dr. Mrs. Nirmala Nadarasah, Colombo 5

Answer: Whilst mistakes with the name on a NIC is no acceptable. We must appreciate the workload handled by the Department of Registration of persons.

They have to deal with names of 4 to 5 ethnicity. Sometimes names are not written clearly in the application forms. However we agree that in the issue of NIC they should work towards zero errors.

The process of rectifying errors on the NIC is by writing direct to the 'Commissioner-Department of Registration of Persons. C 45 Keppetipola Mw. (off Jawatta Road) Colombo 5. Suggest sending the letter by Registered Post Enclosing the NIC along with a letter explaining the error (A Copy of the NIC should be retained). It is better if you call over personally at this office.

Usually any correction to the NIC will be entertained by the Department within two months only from the date of receipt of the NIC. After 2 months the relevant papers will not be available at this office. (something that we cannot accept). After 2 months you have to make a fresh application for a new NIC through the Grama Sevaka Niladari. You are expected to handover a copy of your Birth Certificate with the application although the GSN can sight the original.

In your case if it is within 2 months, you can retrieve your original birth certificate by replacing it with a copy either by post or preferably by calling over at this office.

If it is over two months you may have to apply for a copy of your birth certificate from the Divisional Secretary office and also make a fresh application for the issue of a NIC hopefully with the correct name.

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Refund of overpaid WHT

Question: Your advice is earnestly solicited through the above column regarding the following, which may be of interest to many tax payers. For the tax year 07/08 I estimated a total gross interest income from fixed deposits at a finance company of approx. Rs. 740,000.

This was my only income, apart from a modest Government pension.

In making the Withholding Tax declaration to the finance company I declared by expected income as likely to be over Rs. 600,000. The finance company recovered 10% from the total interest payments and remitted same to Inland Revenue. The total so remitted was around Rs. 60,000.

However, when I received the declaration from along with the "guide to tax payers", I found that on deduction of the tax free allowance of Rs. 300,000 and applying the formula given, my actual tax was approx. Rs. 29,000.

But the guide says that payment of the tax at source as Withholding Tax (WHT) is final i.e that WHT recovered cannot be refunded. Also there is no provision in the tax forms to claim refund of WHT recovered. I am told that there is a Court decision by the late Justice TS Fernando that over recovery of tax with non-refundability constitutes "unjust enrichment". I may be wrong or right.

How can I claim refund of the excess tax paid?

A Concerned Tax Payer, Colombo 5

Answer: The Income Tax Special Act under which WHT (Withholding Tax) is deducted at source from interest and dividend income clearly defines that there will be no refunds.

In filling the declaration form, you have made a mistake in including your interest income where WHT has been deducted at source. You are expected to include under statutory taxable income, all income other than interest income and divided income where WHT has been deducted at source.

The court decision by late Justice T.S. Fernando would be referring to non-refundability of over recovered tax. The 10% WHT is not an over recovery. However any tax overpaid from 'Statutory Income' or 'taxable income', there is provision for a refund.