OPA At your service

- Questions and Answers -

Gift in Foreign Exchange

Question: I have been a reader of the Ceylon Daily News since 1947, I could remember walking from St. Sebastian to Hultsdorf along with the Late President R. Premadasa then a social worker to buy a copy of the Ceylon Daily News then only 25 cents. per copy. Your Thursday column is very valuable.

I went from desk to desk to get a proper reply to my queries until your column helped me.

I refer to my query you replied in this Thursday column 3/9/09 NGD Dehiwela.

Your reply Banks would not change rupees to US dollars for my US born Grandson unless for the amount of US dollars he brought to Sri Lanka. But what is the situation if he goes to a money changer and converts it to Rupees to US Dollars and taken with him less than 10,000 US Dollars on his return to the USA.

- NGD Dehiwela

Answer: Yes, there are government approved money changers and you may approach them. We are not aware of the terms and regulations applicable to the money changers.

As long as your grandson carries within less than US dollars 10,000, we do not envisage any problem.

We do not wish to advice you or be involved with advice outside the banking sector.

Re-employment and Cost of Living Allowance (CLA)

Question: What is re-employment?

I was in government service attached to a certain ministry and retired prematurely. I am drawing a pension now.

After retirement I worked on my own for some years and joined a semi government institution some time ago to work on a contract basis. This institution comes under an entirely different Ministry to the one I worked before retirement and it generates its own funds and manages its affairs including the payment of salaries to its employees with such funds and does not depend on funds passed by the Parliament.

Is my appointment to this institution considered as re-employment?

Although my letter of contract says that I will be paid a salary and the government approved Cost of Living Allowance I was paid only half the allowance that is paid to the others. The reason given was that I am getting half the cost of living Allowance with my pension. After a few months that too was stopped and on inquiry I was told that the Cost of Living Allowance is not paid to those who are re-employed.

Different employees are paid in different ways by the paying authority of this institution.

1. Some who have worked in another government institution drawing a government pension and working in the permanent service of this institution at present are paid the difference between the actual CLA and the CLA paid with their pensions.

2. Some who have worked in another government institution drawing a government pension and working on a contract basis are not paid any CLA.

3. Some who have worked in the same institution and working on a contract basis after retirement are paid the full CLA.

Could you kindly clarify as to whether I am not entitled to at least the difference of the CLA that is paid to (3) above and the CLA I get with my pension as in (1) above.

S.N. Wijetilake-Ratmalana

Answer: Re-employment means to get employed again, having resigned or retired from employment. From employees point of view is to be employed again not necessarily under the same employer. From an employers point of view it is to employ again person who has been employed by the employer before and has ceased employment at some stage.

In your case you have been reemployed by the government of Sri Lanka which should have Cabinet approval in order to be recognized as legal. There are semi government bodies such as Corporation, Board or Authority in which case there is no entitlement for pension but are paid a provident fund. A person who has retired under provident fund scheme, if he is re-employed he will be entitled to full Cost of Living Allowance (CLA).

One who is drawing a government pension may be entitled half the CLA or the difference between actual CLA and the CLA paid with their pensions. This you say is being paid to persons in the permanent service.

Since you are on contract may be you are not entitled to the (CLA). May be no Cabinet approval was obtained for your re-employment. You have the right to clarify from your present employer as to why they have not corrected your contrast letter which states that you are entitled to the CLA.

Cheated by Supplying wrong Air-Conditioner

Question: I purchased an air-conditioner from an authorized dealer in Nawala Road, Nugegoda in April 2009. The first thing they did was to block my Credit card and they issued me a form without the make. I knew that they were the agents for a particular brand. That is why I thought they would send me one of those. But to my astonishment another kind of AC was brought and fixed with a fixing charge of Rs. 3771. This was brought in a dirty card board box. I am a senior citizen and with the greatest difficulty I pay this instalment for a non working AC. The service is not being done. It works but does not get cooled. I would be really thankful if they could fix a new Abans or Singer AC without any cost to me.

Chandrani Fernando - E-mail Address

Answer: There is a saying that “Buyer be Aware”. You should have protested before they fitted the air-conditioner.

The Supplier would have obtained your signature on their contract or delivery order having stated the brand which they have fitted. In which case knowingly or unknowingly you have accepted what they have supplied. Did you complain to them at any stage that you do not accept this brand they have supplied. You can make a written complaint to both Abans and Singer that you purchased this air conditioner from their authorized dealer expecting to be supplied with one their brands. You may or may not succeed but nothing lost in complaining. You can also make a written complain to the Consumer Affairs Authority, CWE Secretariat Building, 27, Vauxhall Street, Colombo 2. Tel. 2393495, 2321696.

EPF withdrawal

Question: I came for employment under my former employer in 1982 and have the appointment letter with me. I worked for him on his estates in Puttalam, Mirigama, Kuliyapitiya and Nuwara Eliya and left in 2008.

He has contributed the EPF and ETF to my accounts only from 2004 to 2008. After leaving him I filled a ‘K’ form and handed - over to his office personally to certify the form to withdraw my fund from Central Bank anyway he returned the form sent under registered post without properly signing.

Thereafter I complained about this to the regional Commissioner of Labour and also mentioned in my letter that the EPF contribution was not paid for several years of my service under him From 1982.

The Commissioner sent three reminders to him to be present at the Labour office and he failed to present (photo copy attached). I sent several reminders to the Commissioner and there is no response.

Please advise me how I could get signature in the “K” form to withdraw the fund from the Central Bank and how I could claim my EPF for my services under him from 1982. I am 60 years old and my son is a disabled. He cannot work or walk. (Medical report attached) Please help me.

S. Joseph, - Nuwara Eliya

Answer: We suggest that you go and meet the regional Commissioner of Labour. Since your employer has not signed the “K” Form, there is provision or the Regional Commissioner to sign the “K” form. You may get it signed by him and forward it along with other documents to the EPF Department for your refund.

Also you can make a written complaint to the Regional Commissioner to take action against your employer for non payment of EPF and ETF contribution from 1982 to 2004.

If no action is taken by the Regional Commissioner within a reasonable period, you should send him a written reminder indicating on this reminder letter that you are copying the Commissioner General of Labour and copy your reminder as well as a copy of your previous correspondence to the Commissioner General of Labour, Department of Labour, Narahenpita, Colombo 5.

However, it is best if you can get the assistance of the Regional Commissioner unless as a last resort to copy the Commissioner General. The Regional Commissioner can file a case against your employer if he does not respond.

Acquisition of land by Pradeshiya Sabha

Question: 1. I am an owner of a bare land of 18.9 perches which I bought in 1974 in an auction.

This particular land is the last lot of the auctioned land leading to a paddy field and a public well with a 20 feet road from the main bus route is only up to my land and a 5 foot access to the public well and paddy field adjacent to my lot.

2. On the other side of the paddy field there are houses with a road leading to the very same bus route from the other side.

3. The Pradeshiya Sabha is now constructing a road by filling the paddy field and intended to join-the 20 feet road that runs up to my land and to widen the 5 feet foot path acquiring a strip from my land.

4. This will cause considerable loss to my land which is narrow in length and depreciate the value and space.

5. If such action is taken would I be able to seek legal action. Early reply appreciated.

C. Mendis, - Homagama

Answer: It is best that you meet the Chairman or Deputy Chairman and explain your position. If in case you are unable to convince the Pradeshiya Sabha you can certainly file legal action against the Pradeshiya Sabha.

However, if you are unable to prove that there is no necessity for widening the 5-feet path, the chances are that the courts will rule in favour of the Pradeshiya Sabha.

Non Citizen owing property in Sri Lanka

Question: I shall thank you for the following information. My son lives aboard and has taken citizenship in that country and does not have Sri Lanka citizenship any longer. Can he inherit a ground floor or 1st or 2nd floor flat in Colombo?

A Concerned Father, - Colombo 3

Answer: Your son who has denounced his Sri Lankan citizenship thus he will be classified as a foreigner from the point of view of owning property. (A flat in Colombo in any floor as indicated by you) The property has to be valued by a recognized valuer and he has to pay 100% of the value of the house as tax. It will be much easier and very much less costlier for him to obtain dual citizenship to Sri Lanka. He can obtain dual citizenship with a once and for all payment of Rs. 200,000.

Failed Finance Company

Question:I have invested a substantial amount as a fixed Deposit in a Finance Company, registered with the Central Bank of Sri Lanka. The relevant Financial Institution has failed to refund the Capital sum invested and repay the interest on due dates.

Hence, the registered Finance Companies are regulated, supervised and monitored by the CBSL are they (CBSL) too equally responsible for mismanagement of such finance companies. If so, can I sue them to get redress?

J. Panditha, - Mount Lavinia

Answer: From time to time and quite frequently in recent times, the Central Bank provides in the newspapers the full list of approved/Registered Finance Companies and Financial Institutions. If the finance Company referred to by you is one of those registered by the Central Bank, you can report to the Central Bank. The Central Bank is not responsible for the mismanagement of any registered or unregistered Finance Companies. You can sue the Finance Company to get redress but you cannot sue the Central Bank which is only responsible of monitoring the registered institutions and to take action against the unregistered institutions. if your investment is with a registered Finance Company., you can complain to the Financial ombudsman in order to obtain his assistance for redress.

Visa problem of a Sri Lankan mother

Question: My Sister who is in Italy for the last 20 years. Married to a Sri Lankan, but at present separated from her husband and suffering with a Major Brain problem and very feeble and very sickly, has two children a boy and a girl born in Italy. She resides in Cesilia Islands, in Italy. Her problem is she has no way of coming to Sri Lanka as her daughter has no visa even though she is born there. The girl is about 15 years now. My sister is facing a very big financial crisis too, and owing to her sickness and financial difficulties she cannot come to Sri Lanka either because her daughter doesn’t have the visa.

Forwarded this message to grant your advice and what action we could take to bring her down to Sri Lanka and how to obtain the visa for her daughter. Contacted the Italian embassy in Sri Lanka but it was no use, as they couldn’t give a proper reply to solve the matter.

Rudanthi Fernando - e-mail address

Answer: The information provided by you is inadequate for us to provide proper advice. We suggest you contact the Immigration and Emigration Department on Tel. 5329000 for advice. You have not stated whether your sister is still holding Sri Lankan Passport. Her children’s birth has to be registered in Sri Lanka through the Sri Lankan Embassy in Italy. She has to also apply for the Sri Lanka citizenship certificate for her children through the Embassy. Once she is in possession of the certificate of birth registered in Sri Lanka and the citizenship certificate for her children she can apply for passports through the Sri Lankan Embassy.