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OPA At Your Service
Questions and answers
Deduction from pension without notice
Question: I am a father of a war hero. My daughter Eresha Nilimi (CCMP)
died in action while serving in Jaffna. As such I am getting a sum of Rs.
4,921.99 per month from the Divisional Secretariat, Rajagiriya. But for
the month of February 2009, I received a sum of Rs. 4,871.99 with a note
stating the sum of Rs. 50 being deducted by the Director General of
Pension Department to put up a house in Nuwara Eliya district. They did
not give any prior notice about this.
Please be good enough to inform as to whom we should complain and
whether this amount can be recovered from the Dept. of Pensions.
C. de Z. Edward JP, Etul Kotte.
Answer: We contacted the Pensions Department and we understand that
this deduction of Rs. 50 is once and for all in February 2009 only.
Apparently, this deduction is with the agreement of the Association
representing all recipients of this pension.
The fund so raised is for a building a holiday home in Nuwara Eliya
for the use of all the members of the family of the soldiers who have
lost their lives in the war. You and other members of your family too
can make use of this benefit. It is not practical to obtain consent from
each recipient of this pension.
However, they have advised you of the deduction. Trust you will
accept this as a social cause.
Technology to assemble solar cookers
Question: Please let me know from where I can obtain information to
assemble a solar cooker (to cook food).
Mrs. M. de Zylva, Negombo.
Answer: We checked with the Industrial Development Board (IDB) and
since they do not cover this field, they directed us to contact the NERD
Centre (National Engineering Research and Development Centre of Sri
Lanka).
The address is 10B, Industrial Estate, Ekala, Ja-Ela.
You can contact their renewable energy section Head T. A.
Wickremasinghe on Tel. 2233152 or 2236284. Although they have done some
work on solar cookers (solar box) they found that there was no public or
industry interest.
Claiming EPF after marriage
Question: Would like to write to your column to get your valuable
advice as how I can claim my EPF. I was previously employed in a reputed
garment factory in Colombo for 19 years; I was contributing a large sum
of money as EPF.
I am aware that this money cannot be collected until I turn 50 years.
I am 43 years old and am made to understand that if you get married
and after three months of producing the marriage certificate I will be
able to withdraw my EPF amount.
I would like you to clarify the above points and procedures enabling
me to collect the money please.
Karmel - email.
Answer: The usual withdrawal age of EPF is 50 years for females as
stated by you and 55 years for males. However, females have an advantage
of claiming the EPF even before the age of 50 on account of marriage.
However, there are only two conditions under which withdrawal can be
made on account of marriage in the case of a female employer.
1. You have to resign from your job within five years of marriage to
be entitled to withdraw.
2. Resign from your job and get married within three months. Not
after three months of resigning from your job.
If you have satisfied either of these conditions you can apply with
proof of your resignation and copy of the marriage certificate.
Health and medical matters
Question: Can you please get a doctor or any other knowledgeable
person to write articles on the following diseases:
(1) Gangrene, (2) Poor circulation of blood in the body, (3)
Peripheral Vascular Disease and the medical remedy.
Or in the alternative, at least answer the following questions:
(1) A general description, (2) How and why the above diseases are
caused, (3) what precaution are to be taken against them, (4) The
medical remedy.
H. Henry, Ratmalana.
Answer: Your question is more suited for the HealthWatch page in the
Daily News every Monday. The OPA at Your Service page has only limited
space to cover such elaborate answers to your questions. Further others
too can benefit from the answer to your question by it appearing in the
most appropriate page/column.
Can you please forward your question to Edward Arambewala, C/o Daily
News, Lake House, Colombo 10.
Share of intestate property
Question: My husband's father's unmarried brother who owned 30 acres
of coconut land, had in his last will, gifted 15 acres to my husband's
father and the balance 15 acres to my husband's eldest brother who was
looking after the estate. My husband's father died intestate and his
mother too is not living. My husband had three brothers older to him.
Since my father-in-law died intestate, 15 acres of land owned by him
should be divided among his 4 sons including the eldest son who owns 1/2
of the estate.
My husband and his two brothers had requested their eldest brother
several times to give their shares of the property, which he had been
postponing knowing that his brothers will not take legal action against
him. Last year my husband's eldest brother passed away and my husband
and his other 2 brothers have predeceased him.
I have four children and I requested my husband's eldest brother's
wife and son who lives in that estate to give our share of 3 3/4 acres
to us.
She is silent on this issue as she wants to give the entire estate of
30 acres to her son. I also came to know that they have sold portions of
the estate without the consent of the other legal heirs.
The title deed of the estate is with my husband's eldest brother's
wife who lives there. The only document we have is a certified copy of
the last will mentioned in the first para of the letter.
Please let me know the following:
1. What action we should take to get our shares.
2. Since my husband's eldest brother and his family lived in the
estate for over 30 years can they claim our share?
3. Is it legal to sell portions of an undivided property without the
consent of all legal heirs.
Mrs. C. de Soysa, Moratuwa.
Answer: The fact that your husband's eldest brother and family have
lived in the estate for more than 30 years as stated by you and since
none of his brothers made any legal claim for so long your husband's
eldest brother or his family can claim prescription rights. In fact the
chances of your claim succeeding will be more remote after the demise of
your brother-in-law.
In reply to your three questions.
1. You should take proper legal advice from a lawyer.
2. Yes, they can claim the entire estate since they have lived for
over three years but it does not necessarily mean that you cannot make a
claim through Courts.
3. It is not legal to sell portions or event as a whole such
undivided property but if the buyers is willing to take the risk, one
can sell it. Perhaps the buyers may be aware that the seller can claim
prescription rights.
Disagreement with amount in electricity bill
Question: I am a consumer of Lanka Electricity Co. Private Ltd
Panadura.
| Donation
of body to Faculty of Medicine, University of Kelaniya
Question: I would like to
know whether there is a maximum age limit stipulated by this
Faculty, at the time of death of the person wishing to
donate his/her body.
Sunanda Dissanayake,
Kochchikade.
Answer: There is no maximum
age limit stipulated by the Medical Faculties in general but
there is a minimum age of 18 years stipulated. However, the
University of Kelaniya had a minimum age of 80 years which
they have currently removed on a temporary basis as they are
not getting sufficient numbers to meet their requirement.
The Medical Faculty in Colombo does not stipulate any
maximum age. You can write to the Head of Anatomy, Faculty
of Medicine, Ragama (Tel. 2961123) for further details and
for the forms to be filled by prospective donors. You can
also contact Dept. of Pathology, Faculty of Medicine, Kynsey
Road, Colombo 8 (Tel. 2695300). |
My Meter reading on
08-12-8 13921
08-01-09 14035
For 31 days 114 units
Re your chart today's; Daily News I cannot agree with Bill I got this
morning. Therefore please do answer this meter reading in next week's
Daily News.
K.S. Fernando, Panadura
Answer: Unfortunately you have not stated what the amount charged on
your bill is. Due to the queue of questions and answers, reply to your
question has taken couple of weeks for publication, therefore please
bear with us.
The units consumed by you for 31 days is 114, thus you will be
allowed 31 days on each slab instead of 30,60,90,180 and so on.
Calculation will be:
First 31 units at
Rs. 3/- Rs. 93.00
Next 31 units at
Rs. 4/70 Rs. 145.70
Next 31 units at
Rs. 7/50 Rs. 232.50
Balance 21 units at
Rs. 16/ Rs. 336.00
Total 114 units
Rs. 807.20
Add 30% fuel charge Rs. 242.16 (applicable for over 90 units)
Add Fixed charge
Applicable to 91-180 units Rs. 180.00
Total Rs. 1229.36
Your bill amount should be Rs. 1229.36, if not you can challenge the
bill amount.
Legal advice
Question: Having worked in a foreign High Commission in Sri Lanka for
17 years discontinued on January 2, 1999 on a fabricated charge, no
inquiry held up to date. Terminated me on a verbal order, nor my
legitimate gratuity granted.
Several times I appealed to respective High Commissioner, Foreign
Minister and Foreign Secretary nobody bothered since I am a local
person, requesting your advice to which organisation I should get my
legal advice?
K. Baskar.
Answer: It is only the Foreign Ministry that can intervene in this
matter. Our Labour Department has no jurisdiction over foreign High
Commission employees as you are aware of.
It is worth while you pursuing with the Foreign Ministry but since
your case is now over 10 years they may not be paying much attention.
For legal advice you can contact the Legal Aid Commissioner, No. 139,
Hulftsdorp High Court Complex, Colombo 12. Tel. 5335329, 5627338 in
order to make a prior appointment. |
