OPA at your service

- Questions and answers -

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Non-receipt of driving licence

Question: Reference my letter dated May 26, 2009 I thank you for having taken up the matter with Commissioner of Motor Traffic as per your reply dated June 25, 2009 appearing in the Daily News.

I regret very much to inform you that I have neither received the licence nor a reply up to this day. The one year period given by the Provincial Secretary elapsed on September 11, 2009.

I shall be grateful if you would please use your good offices to take up the matter once again with the Commissioner of Motor Traffic to have the licence dispatched.

P. K. S. de Silva, Ambalangoda.

Answer: Sorry for the delay in replying your question for almost a month as we had been in regular contact with the Motor Traffic Department at Werahera without any success so far. The Werahera office maintains that your driving licence was sent by post in June 2009. They have no record of any return mail either. Finally we recontacted the Commissioner General of Motor Traffic who we must state has always been cordial and helpful whenever we contacted him. Having discussed your matter with him, we have at his request forwarded by fax the details of your application, current status etc. He will initiate an inquiry and will let us know the outcome in two weeks time. We will let you know no sooner we get any news from him. Meanwhile if you happen to receive your licence please let us know. The Commissioner General also informed us that if your new licence cannot be traced, that they will re-issue a new licence.

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Payment of pension abroad - arrears and discrepancy in calculation

Question: My pension No. 475449

My arrears or pension from 16.05.2002 to 31.11.2008 has not been paid as yet. I am in receipt of my monthly pension from 01.12.2008 from the Counsellor, Deputy High Commissioner for Sri Lanka, Chennai. I have made repeated requests for my arrears to the paid, but was informed that funds were not available. Please be good enough to make arrangements for the arrears to be paid as early possible.

I also wish to bring to your kind notice that there is a discrepancy in the calculation of the arrears.

Date of pension payable from 16.05.2002 to 31.11.2008 at rate of Rs. 13,478,86 (78 1/2 months - 6 years and 6 1/2 months).

Arrears amount - Rs. 1,117,220.51

Committed gratuity - Rs. 59,130.00

Deductions - Rs. 2,078.00

Total arrears - Rs. 1,115,142.51 (instead of Rs. 1,000,716.18)

I hope this discrepancy will be corrected and the arrears be paid soon. I have personal commitments and obligations after my heart surgery. I shall be much thankful if you, could kindly arrange to pay the arrears with interest.

Dr. S. Subramaniam, South India.

Answer: We discussed your matter with the Director Pension, not Director General of Pension. They have checked the discrepancy and confirmed having corrected it now. The Deputy High Commissioner’s office in Chennai will be informed of the correction.

As regards the payment of arrears, it is not the responsibility of the Pensions Department. Once they have advised the High Commissioner, it is the Foreign Ministry that has to arrange funds overseas for payment.

The Foreign Ministry may be having problems with the availability of funds to play large sums as arrears. They must be having the allocation to pay the monthly pension to overseas pensioners. You have to speak to the Deputy High Commissioner or write to the Foreign Ministry in Colombo regarding the payment of your arrears. Having written to the Foreign Ministry, if there is no response we may be able to assist you.

Anomaly in Army pension

Question: Forty applicants joined the Sri Lanka Army Ordinance Corps on February 6, 1943 and left the service on 5th February 1985 at different ranks. I completed my service as a soldier clerk Technical and retired at the rank of Warrant Officer Class I. My service No. was S/87396. The Warrant Officers Class I, who retired with me draw much more than my pension. A staff sergeant much junior to me draws Rs. 11,000 where as I draw Rs. 12,749.

The Directorate of Army pay and records is still to reply my letters addressed on this issue. Please help me for any early rectification.

M. N. Perera, Moratuwa.

Answer: Accordingly, to our understanding the pension of all 40 persons who joined together will not be the same. It depends on promotions, performance, medals received and many such factors. The pension you are now receiving appears to be correct from what we were made to understand.

We were informed that any letter sent to the Directorate of pay and records, Army are promptly replied as such it is strange that you did not receive a reply. Why not write to them again or send your letter by fax 2855069. You can contact them on telephone number 2895054.

Withdrawal of land dispute case

Question: We would like to submit our problem about a land dispute which has been going on since 2003. Please be good enough to inquire from the Department of Attorney-General as to why they withdrew this case. We have tried to contact lawyers handling this case at the Attorney-General’s office several times but failed. Relevant correspondent letter attached herewith.

V. S. D. Ellaboda, Makola.

Answer: Although you have forwarded in your letter the details pertaining to the case, we will not publish any details. We did contact the Attorney General’s office and we are made to understand that the case was withdrawn based on the appeal made by the Counsel appearing for the indicted parties. Apparently there is provision for an application for the discharge of the indictment based on acceptable grounds. In this case there is a lack of evidence and the EQD report is not accepted as adequate evidence.

However, on the appeal made by you the Attorney’s General’s office is exploring the possibility of reopening this case.

You should attempt to provide any evidence or proof if available to the Attorney General’s office. We also brought to the notice of the AG’s Dept. that the person who is supposed to have signed the deed was deemed to have been warded in hospital on the day was signed and was not in a position to place her signature according to the evidence given by two doctors. As the AG’s office has agreed to look at the possibility of re-opening this case, please follow up in 3-4 weeks time.

Gift of property to non citizen child

Question: I refer to your response to a ‘Concerned Father’ in the Question and Answer columns of the Daily News of 17.09.09. To my (layman’s) understanding, it seems at variance with the legal position, which appears to be.

1. This tax of 100 percent on value of property transferred to non-nationals was introduced by Finance Act No. 11 of 1963 and subsequent amendments notably in 2002 and 2004.

2. The original Act specifically exempted from such tax, “transfers by gift or testamentary disposition by an individual to his spouse, child, parent, brother, sister and the issue of such child, brother, or sister who is not a citizen of Ceylon”. Please see Section 66 for this definition of transfer of ownership.

3. As far as I am aware, this exemption still continues to be in force.

Your alternative suggestion of recourse to dual citizenship may not be feasible in all foreign countries, as some of these notably in Australia have strict legal prohibition against acquiring such dual nationality post facto i.e. after acquiring citizenship in the new domicile.

Perhaps, you may wish to re-examine this issue as it could be a matter of paramount financial and emotional importance to the ‘Concerned Father’.

Victor Leon, Colombo 5.

Answer: We sincerely thank Victor Leon for the above question which compels us to re-examine answer to a ‘Concerned Father’. We apologise for the incorrect answer which was provided after checking with certain departments. Sometimes, it is very difficult to get the correct answers and we have also been misled. We now find that this subject is handled by the Registrar General’s Department under the Ministry of Public Administration and Home Affairs.

1. This tax of 100 percent on value of property transferred to non-nationals was removed in 2002 and reintroduced in 2004.

2. The exemptions granted under the original Act is still in force as per the Registrar General’s Department i.e. “Transfer by gift or testamentary disposition by an individual to his spouse, child, parent, brother, sister even if he or she is no longer a citizen of Sri Lanka is exempted from the 100 percent tax on value.

We trust that the ‘Concerned Father’ Colombo 3 will make note of this good news and our apology of not providing the appropriate information to him earlier.

How to verify a Doctorate claimed

Question: I am sending a paper cutting which appeared on 20/09/09 to you. Here, this particular person calling him as Dr. is being published. Could you please explain to us how to find whether he is a real doctor or not. For example if he is in the medical profession then we can check it with Sri Lanka Medical Council.

I want to send my child to his training program but before that I want to know the truth i.e.-whether he is a qualified Doctor.

R. Nanayahharan - Thalawatugoda.

Answer: We made inquiries and the information received is that the person concerned is a Licensed Doctor in Ayurvedic Psychiatry. In fact we understand that he is practising Ayurvedic Psychiatric treatment also at the same premises. As the Ayurvedic Doctors are not members of the OPA (Organization of Professional Association) we are not able to verify the information we received. We were informed that he has also qualified in other fields in order to be a trainer. Except for the information obtained by us as stated above, we are not able to comment any further on regards your question.