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Questions and Answers

Long wait for new vehicle registration and number plates

Question: It's a well known fact with regard to the above in our country that when you purchase a new vehicle whether it be a motor cycle, car, bus or lorry etc its alright for you could just take away the vehicle once purchased with a Temporary Insurance Note and with the Engine Number, Chassis Number displayed, but its so remorseful to note that until we get the Registration, Vehicle Identity Card (VIC). Number Plate we cannot use the vehicle on the roads. In spite of purchasing a vehicle investing maybe Millions we are forced to just keep it at home or office until such time we have the necessary documents etc ready. One should also keep in mind and it's a fact that the number of vehicles being registered per day is so high, however with the modern technology (computerized systems etc) it's no doubt only a question of entering the new data's of new vehicles and issue the concern documents and the Number Plate within a day or two the latest. Rather waiting for weeks causing enormous inconvenience to whoever wants to own a new vehicle and use it within a day or two. Due to the delay of the registration documents the request for Revenue Licence and the Vehicle Insurance is further delayed.

What I am trying to emphasize is the present delay that a new vehicle owner has to wait probably weeks for the registration documents etc. It would be much appreciated if all new vehicle documents, Number Plates preparation will be urgently expedited the latest within two working days and once the Registration Number is received laws to be amended accordingly for the vehicle to run with a Temporary Number Plate (Probably a Computer Print Out laminated) until the Original Number Plate will arrive. It's now an offence that we could be charged for violating Traffic laws for using vehicles without the Original Number Plates. Will the authorities concern please consider this suggestion on behalf of the thousands who purchase new vehicles. Trust the Motor Traffic Commissioner will find a suitable remedy to alleviate the present situation.

M. A. J. Samath, Gampola

Answer: Sorry for the delay in answering your question due to the long queue of questions. Yours is an interesting question and if we can make a change it will benefit many people. Fortunately, the Commissioner General of Motor Traffic is a very cooperative person and is always keen to improve the service to the public by improving the efficiency of the Motor Traffic Department. We contacted the Commissioner General and according to his belief Registration of New vehicles is a one day process, however he agrees that the issue of the new number plates will take a few days. At his request we have forwarded your letter to him and he ensured that he will address this matter immediately. They cannot permit the use of temporary number plates as it is against the motor traffic laws. He will see if he can introduce a same day service for the issue of number plates at an extra cost for registration of vehicles like in the case of transfer of vehicles. We take this opportunity to highly commend the present Commissioner General of Motor Traffic for his commitment and willingness to help the public always.

Tabulation of interest on Provident Fund collection

Question: I refer to my request that appeared in Daily News of 26th instant and the reply. It would appear there is 'Injustice' if the Government is going to take the benefits of the penalty without passing on to the member for the loss of interest on the accumulated provident Collection.

May I humbly request you to take this matter up with the relevant authorities concerned so that Employee could get the benefit of the interest from the penalty charges that will be levied on the employer.

J. V. R. Dias, Wattala

Answer: It appears as if we have disturbed a hornets nest. Yes, it is correct as per our answer in the Daily News of November 26 that if an Employer delays or defaults to remit the EPF or ETF contribution, the Employee will lose the interest which he or she would have earned otherwise. We too agree that it is fair that the employee gets the interest lost from, out of the Penalty charged on the employer. Only thing is calculation of such interest from the due date will be a major and complicated exercise for the Department of EPF and ETF. However as the law stands this penalty is revenue for the Government, like most penalties and there is no legal provision for the Government to share any penalty with any affected party. There has to be an amendment to the Labour laws. We suggest that you as a member of the public or as an affected party write to the Commissioner General of Labour, Labour Secretariat, Kirula Road, Narahenpita.

Interest chargeable and recovery of overdue loan

Question: Please clarify: Under the Banking Recovery Act whether a bank can claim accumulated interest which amounts to more than 100 percent of the actual amount obtained as a TOD loan.

The defaulter being a Limited Liability Business, is it legal for the Bank to file action against an Individual Director for recovery? Whereas the remaining Directors of the Company including the MD has not been made accountable or issued summons.

M. Nabeer, Wattala

Answer: Yes, the bank has the legal right to recover interest even if the interest amount exceeds the capital. Often in the case of default loans, the interest component exceeds the capital. Also it is compound interest as such interest is charged on overdue interest as well as on the capital. However, at the time of settlement the interest payable can be negotiated as the Bank too will be keen to recover a bad debt. It is not legal nor it usual for the bank to file action against an individual Director for recovery. It is company that is liable as such action should be against the Company, failing which the Bank may file action against the Board of Directors. However, if you had signed as a Guarantor for the loan taken by the Company, then the Bank can file action against you. Suggest you obtain legal from a Lawyer.

Stoppage CLA Payment

Question: I am a retired Naval Officer and received permanent employment at the Lanka Mineral Sands Ltd (Government owned Institute) in 1999. Since then I have received my Cost of Living Allowance (CLA) with monthly wage till October 2009.

However, recently our DGM (P&A) directed the stoppage of payment of CLA Rs 4,000 paid to me by quoting public Administration circular No. 09/2007 even after lapses of more than two years.

A few days ago he further directed the recover the balance dues by quoting circular Nos. 01/2006, 12/2007 respectively. Action taken by our DGM (P&A) for the stoppage of CLA and recovery of amount paid are much ambiguous and cause mental agony since I have served to the motherland by taking death threat during my service. Therefore you are kindly requested to clarify whether such action is legitimate.

K. M. Sumanadasa, Trincomalee

Answer: As per the Public Administration Department Circular No. 9/2007, a Government servant receiving a pension if re-employed by Government or semi-Government Department, Projects etc is not entitled to or exceed Rs 4,500 per month on CLA. Also the Pensions Department by their circulars No. 4/2008 and 7/2009 have stipulated further on the implication of payment of CLA. However several semi-Government institutions have by mistake paid CLA, although CLA has been included in the pension.

Since you are receiving a monthly pension that includes CLA, you are not entitled to a further payment of CLA by your employer Lanka Mineral Sands. Therefore, it is legal for your employer to stop payment of CLA and also to recover on instalments, the amount overpaid to you by error as CLA. It is immaterial how you served the Government or the nation but all pensioners are treated equally.

GOSL contributions by employees working in Saudi Arabia

Question: I had worked with SCFCO, the Electricity Firm of the Saudi Government for a number of years.

From the first salary up to my leaving a deduction was made for the GOSI, I have and so have all others working in Saudi the GOSI card been given in Arabic.

Are we are not entitled for a refund of this money when we leave Saudi Arabia. There has been no response from the Saudi Consulate on this matter. Please let us know.

J. Nevis Fernando, Nattandiya

Answer: We contacted the Royal Embassy of Saudi Arabia at 39, Sir Ernest de Silva Mawatha, Colombo 7 on Tel. 2682087 and according to them, you should get the GOSI refund before you leave Saudi Arabia. However, they suggested that you write to the GOSI Office with a copy of your GOSI card and make inquiries regarding your refund. You should write to GOSI, P O Box 2693, Riyadh-Postal Code 11461, Saudi Arabia. If possible please let us know the final outcome so that we can assist others with the same problem. For any further clarification suggest you contact the Royal Embassy of Saudi Arabia on this telephone Nos. 2682087 or 2682089.

Sewage overflow problem

Question: I am residing down a Private Lane. My house is the last house in the lane and our lane is between a Government Bank and an old house. Very often the Sewage from these two buildings overflows and the Sewage water stagnates at our entrance.

We can't even open the gate. One of the house owners has broken the parapet wall and sends the sewage water down our lane. We have complained to the MOH Office and have spoken to the Engineers and no one has taken action against them.

I have a Montessori School, we talk so much about Dengue and Malaria but no action is taken regard this. Last week my wife had to close the school. What can I do regarding this. I want a permanent solution for this.

E.C. Jeganathan, Colombo 15

Answer: Sorry for the delayed response to your problem as we were not able to contact the right person. However, through a few sources we managed to contact the right person. He is the CMC Area Engineer and he is aware of your problem.

According to him the sewage pipes in this area are running through private property and as such a major repair is not possible. Whenever there is a block it results in an over flow. A temporary solution is to clear the block from time to time but it is not a satisfactory solution. A permanent solution is likely to cause other problems. However the Area Engineer Chandrapala will try his best to provide a longer term solution. He can be contacted on his mobile telephone No 0777514627. You may contact him now that he has agreed to address this issue and quote OPA discussing your problem with him.

Non-payment of discrepancy in pension calculation

Question: My pension No. 47559, further to the letter from the Pensions Department dated 12.05.2009 PN/A/WS/07 I received with thanks my arrears Rs 1,002,797 in early September 2009 through the Deputy High Commissioner from Chennai.

I wrote another letter to the Director pensions on 26.08.2009 regarding my arrears and the discrepancy in the calculation with the copy to the co-ordinator O.P.A Professional Centre Colombo. On 15.10.2009 OPA at your Service has published the letter in the Daily News regarding my arrears and discrepancy.

I am most grateful and obliged to Director Pension, Department of Foreign Ministry.

The Deputy High Commissioner in Chennai and the Co-ordinator O.P.A Professional Centre, Colombo 7 for the efforts and pains taken in paying my arrears egularly every month.

Since I have not heard from the Director Pensions or the Deputy High Commissioner in Chennai, as regard payment of the discrepancy of my pension. I shell be much thankful if you could help me in this matter at your earliest convenience.

Dr S. Subramaniam, Nilgris, India

Answer: We contacted the Director of Pensions regarding your case and according to the Officer handling your file, there is no error in their calculation. They state that your calculation is not correct.

They agreed to reply your letter regarding the discrepancy in the calculation. Since they have now paid you quite a considerable amount as arrears, if the amount of the discrepancy is not big, suggest you be happy with what you have received and forget about this so called discrepancy according to you. If not received you may follow up the matter with them directly.

Suggest you or your representative meet the Director Pensions along with your calculation and sort this matter out.

Renewal of National Identity Card

Question: "Thank you very much once again for your service rendered enormously through the CDN-OPA at Your Service Column."

I am the holder of National Identity Card bearing No. 602951898 V. As my NIC became an oldie, I submitted the same to my area Grama Niladari - 166 within the jurisdiction of the Divisional Secretariat, Kattankudi, on 29,12,2008 so as to get a new NIC the renewal application number is CB 664057/166.

One year has elapsed since I submitted my NIC to the Grama Niladari, but still I have not received the same. We all are aware of the NIC which is one of the greatest vulnerabilities in the security system of our country and that the NIC is a major evidence to prove the personal identity in day to day life.

In view of above, please kindly help me to get the NIC without further tardiness. Once again I seek your kind assistance in this regard.

I. Atham Lebbe, Kattankudi

Answer: We contacted the office of the Registrar of Persons and the good news is that your new NIC was prepared on January 22, 2010 and would have been dispatched the following day or so.

It will be sent to the Divisional Secretary, Kattankudi-Batticaloa. You can either collect it directly from the Divisional Secretary's Office or wait for the Grama Niladari to collect it for you which may cause further delay.

The bad news for all of us is that it has taken almost 24 moths (two years) to get your NIC renewed. This is quite unusual despite the fact that there were priorities such as "O" Level students NIC's being expedited.