opa at your service

Questions and Answers

Requirement of registration with local police

Question: My wife and I are senior citizens of Jaffna. We have been continuously living in Colombo and its suburbs for more than 50 years and 30 years respectively. We own land and property here and no interest in our native place.

Please clarify (i) whether we are expected to be registered with the police. (ii) if so, should we carry a copy of such registration wherever we travel and (iii) if no registration is necessary in our case, what is the position of our dependent daughter who is a student in the varsity. Please quote the relevant legal provision.

(This doubt arose in view of newspaper reports sometime ago that those who have come from the North within five years, that is, after January 2003 should register with the local Police.

From the late 1990's there was a requirement that whenever a relative or guest comes to stay in one's house his particulars have to be registered with local Police. I, as the Chief occupant, have registered on two or three such occasions. Later, from time to time the Police gathered information on printed forms from Tamil house holds. But we were not given a copy of such documents duly signed by the OIC.

Now at security check points the Army personnel require to see the Police registration despite of having the NIC. I remember there was a judgment and/or directive from the IGP in the late 1990s that one need not carry a copy of the registration)

- R. Canagaratnam - Wattala

Answer: Yes from time to time and as recently as a couple of weeks ago everyone who have come to Colombo from North, East and Central Provinces within last five years were requested to call over at the nearest Police Station and register.

Apart from this there was a release by the MCNS (Media Centre for National Security) that every citizen of all ethnicity living in the Western Province have to register themselves with the local police. All these requirements are under emergency regulations and prevention of terrorism. It is best that you register yours, your wife and your daughter's name as regular occupants at your given address with the local police station. If you fill this form that can be collected from any police station you can fill it in duplicate or take a photocopy and get it acknowledged by the OIC of the station. Keep this copy with the OIC's acknowledgement carefully at your home but take sufficient photocopies to be carried about by all three members of your family. As regards any visitors you have to register them, as and when there are visitor with the local police.

Rights of owner to eject tenant

Question: I am a tenant of a building for 50 years. I am paying rent regularly and also pay the Urban councils yearly tax for the building as the owner of the building does not pay that tax.

My business is a longstanding one and paying a good amount of BTT to the government. Can the owner eject me from the building?

- K. Bandara, Chilaw

Answer: We do not know whether the building you are occupying is covered under the rent Act or whether it is an exempted premises. Unless you have violated the rent Act, the owner of the premises cannot eject you. On the other hand if it is an exempted premises he can eject you with valid reasons. It is best that you consult a lawyer with all the details and documents. He will require to know the square area of the building the quantum of monthly rent paid by you and the Urban Council assessment value of the premises. We cannot give you a definite answer based on the information provided by you.

Sale of property by elderly person before or after death

Question: My aunt who is a spinster (76 years old) has been paralytic for last two and a half years and is quite feeble now. She owns a property. She has asked me to sell this land since she fell ill, but we have not yet found a buyer. She has been living with me for the last 16 years and I take care of her. She has 8 brothers and sisters.

1. In case she passes away prior to sale of property, how do I go about the sale of the property subsequently if the property remains in her name, at the time of death?

2. In case I find a buyer and accept an advance, and my aunt passes away prior to final transfer, what steps should I follow, to legally transfer ownership to new buyer?

Please consider transferring the property to my name as a last resort only.

- Mrs. Shyami Fernando, Colombo 10

Answer: You have not revealed certain facts such as whether your aunt has made a last will. The value or likely value of sale of this property.

If you happen to find a buyer before her demise, on receipt of the advance, the sale documents can be prepared and dated, but do not release the sale documents, Deed etc. until the full value is paid.

However, if the final value is received after her demise, the other legal heirs such as the brothers and sisters can claim their share of the sale proceeds and you may face legal problems as well.

Even if your aunt appoints a Power of Attorney, this will be invalid on her demise. After her demise you will not have the legal right to sell it without the consent of all the legal heirs. If the value of your aunt's estate (property plus other assets) exceed Rs. 500,000. There has to be a testamentary case. You should consult a lawyer as our answers above are only options and may not be applicable to your specific case.

How to obtain a non user certificate for motor car

Question: I have a car which is 53 years. Although it is in running condition, I do not drive on public roads. Hither to I had been getting insurance and licence as the amounts were small but now both have been increased considerably and in addition I have to get the emission test done every ear. Please let me know whether I can get a temporary non user certificate without cancelling the registration as I wish to keep it as an antique.

If so please let me know the procedure. I am seeking your help as I was unable to get any definite answer from the RMV or Divisional Secretary's Office.

Thank you.

- C. Fernando, Dehiwela

Answer: It is the Annual Revenue issuing Authority who is authorized to issue such certificate. For Colombo residents it is at Maligawatte. In your case it may be the Divisional Secretary in Dehiwela. If he is not aware, you may contact - the Maligawatte office issuing revenue licence for motor vehicles. There will be a form to be filled for this purpose along with certain documents to proof that you are not able to use the vehicle on account of Mechanical or Technical real reasons. The real reason given by you may not be acceptable but given the age of your car it should not be difficult on mechanical grounds of public safety. This certificate is issued only for one year and should be renewed annually. In any case your car is exempted from the emission test on account of its age.

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 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 neither call our concerns.

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 post 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 long 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 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.

Donation of body

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).