Questions And Answers

Importation of personal car used abroad

Question: I wish to seek clarification of the question appended below through your column ‘OPA At Your Service’ appearing in the Daily News.

My son returning to the country after a three year stint overseas, wishes to bring down the car he has been using very sparingly and carefully.

He bought the brand new car at a cost of USD 24,000. The date of manufacture is November 15, 2007 and the date of registration of the car in his name is February 16, 2008. The engine capacity is 1800 cc.

What are the rules and regulations, applicable to the importation. Will he be entitled to any duty concessions? What are the pros and cons of such importation? If he gifts the car to a family member or anyone will different rules apply. What is Blue Form?

S. Wickremasinghe - Nugegoda

Answer: If the date of manufacture is November 15, 2007, this car is less than 3 1/2 years old. Therefore you can freely import this vehicle under what is referred as Open General Licence (OGL). You don’t require any special licence. However the full duty as applicable to used vehicles based on the custom valuation will have to be paid.

There is no problem of the vehicle having an engine capacity of 1800 cc. There is no special duty or any concession based on the fact your son has owned it overseas and similarly whether he is going to gift it or otherwise. Once imported and duty paid, the car can be registered in any ones name.

Also no restriction on the sale of this vehicle at any time.

For information, any Sri Lankan who has owned a vehicle overseas and even if the vehicle is older than 3 1/2 years, he or she can import it for personnel use in Sri Lanka after obtaining a special import licence.

You can get more information on the Sri Lanka Customs web page www.customs.gov.lk. You may also contact the Import and Export Control Department on telephone No. 2326774.

WOP filing of papers

Question: I am a member of the WOP and I will get pension after 55 years age. I know that it is the responsibility of the member to give details of marriage and of children to the Department of Pensions. My question is that I cannot remember whether I have submitted the relevant documents to Pensions Department. How can I check? Can I submit them again. Please explain to me.

Wijenayake - Kandy

Answer: Your question is somewhat misleading, you say that you are contributing to the WOP and that you will get a pension after 55 years of age. If we are to state our understanding, you are contributing both to the Pension Fund and W and OP fund. Whilst you will enjoy receiving your pension when you retire at the age of 55 or thereafter the benefit of the WOP will go to your spouse after your demise and in case your spouse is not living, your children will be entitled. The children’s entitlement is upto the age of 26 years for a male child if he is unemployed and even if he is married. In the case of a female up to 26 years, if she is unemployed and unmarried.

You may quote your WOP number and write to the Pensions Department, requesting them to conform whether they have in your file details of your marriage and birth of children. If not you may send the relevant documents again for their records. You should write to Director Pensions, Pensions Department, New Secretariat Building, Maligawatte, Colombo 10. Do not forget to quote your W and OP number in your letter and on every document.

Ex-Coop Bank employees association complaint

Question: This has reference to Human Rights Commission of Sri Lanka HRC Case No. 2013/98.

The seven unabsorbed Co-operative Banks were absorbed by the People’s Bank during the course of the year 1971 under Section 24(1) of the People’s Bank Act No. 29 of 1961.

The anomalies, referred to as the ‘fatal blow’ by the retired Appeal Court Judge G W Edirisuriya in his Report given at the time of absorption remained unresolved right up to the time of the retirement of the affected staff.

Certain lukewarm attempts were made to ‘rectify’ the anomalies like the appointment of three Committees, preparation of Board Papers and by veiled threats to conform to the anomalous absorption.

After retirement 11 members appealed to the Human Rights Commission in 1998. The Complaint was accepted as justifiable in year 2000 under the Chairmanship of Justice O S M Seneviratne. It got stalled from the year 2000 to 2008 under Prof N Selvakumar. It was resurrected on continuous pressure by the affected staff.

After the new hearing it was again rejected on the report by the D.I. of the Commission Paranagama on 30.01.2008.

However, on further appeal to the Chairman Justice Ananda Coomaraswamy, the award was given based on the report by G W Edirisuriya retired Appeal Court Judge dated 07.09.2008.

This award was intimated to the People’s Bank Chairman on 06.11.2008 and reminded on 06.02.2009.

Due to their non-response, the Chairman had reported it to the President on 03.07.2009. The President’s Secretariat has responded by requesting the Bank to take action by their letter of 27.10.2009.

Up to now we have had no response from our Bank.

Sir, the anomaly remains unresolved for over 39 years and the affected staff are past the Biblical span of life.

We therefore humbly request, that as an enlightened Association of Professionals who can see things in the correct perspective, to intervene and have this anomaly rectified at least at this late stage.

Affected Ex-Co-op Bank Employees

Answer: We contacted the Deputy General Manager-HR of the People’s Bank. According to him the People’s Bank does not agree with the recommendation of the Human Rights Commission. He further stated that the People’s Bank has challenged the recommendation of the HRC.

However, he was not able to provide any details of when it was challenged and what the outcome was or whether it is still pending. He also stated that the Bank was not obliged or willing to give any further information to a third party like the OPA.

We suggest that your Association sends a letter through a lawyer addressed to the D.G.M.-HR People’s Bank to let you all know the current status of this matter or as to why the recommendation of the HRC has not been implemented.

As you may be aware HRC recommendation are not legally binding. If your Association strongly feels that you have a legal right, then you should consult a lawyer and file a case against the People’s Bank on the basis of the HRC recommendation.

Registration of deed issued by NHDA

Question: Is it mandatory to register at the Land Registry, the Deed of Transfer issued by the National Housing Development Authority. Any consequence implies for non registration at a later stage.

Mohamed Haniffa - Mattakkuliya

Answer: Yes, it is mandatory to register at the Land Registry, the Deed of Transfer issued by the National Housing Development Authority. Any deed issued by any one should be registered with the Land Registry for legal validity and your own safety.

If you do not register and some other party registers the same property with the Land Registry and in case of dispute, the party who has registered with the Land Registry will have a stronger claim. Our understanding is that the NHDA usually registers, the Deed of Transfer with the Land Registry. Therefore, you should first check whether it has been registered already and if not you must register it.

Tabulation of interest on Provident Fund collection

Question: I write with reference to the observations made in the Daily News of March 4, 2010 under the above heading.

In this connection I have already addressed letters to the Commissioner General of Labour, at Labour Secretariat, Kirula Road, Narahenpita, as per my letter dated November 30, 2009 and a reminder sent on January 25, 2010.

I have also addressed a letter on November 30, 2009 to Labour Relations and Manpower Minister Athauda Seneviratne regarding this subject. But to date there is no reply from either party. How best could you help me to get a positive response from the Commissioner General of Labour and or from the Minister.

Regarding calculation of such interest which you state is, going to be a major and complicated exercise for the EPF and ETF Departments may I suggest a respective Department could set up a Division to attend to this type of issues and the overheads of same could be borne either by the Employee or Employer or by both parties.

This is similar to an extra payment the Department of Immigration and Emigration charges for ‘One day service’ to obtain a Passport. I shall be much obliged if you could please give this matter your early attention.

J V R Dias - Wattala

Answer: We can understand that it is a difficult matter of the Commission or the Minister to tackle. This will require to be passed in Parliament. However, the Commissioner should acknowledge receipt of your letter and to state whether the matter will receive any attention.

It is also in the interest of the Minister to acknowledge your letter through one of his Secretaries or P R Officers as it, election time and despite his being busy. This is not a matter that can be implemented in the immediate future but since you have started the ball rolling it should be followed up as it will be of great assistance to all employees dependent on Provident Funds.

Could you forward a copy of your letter which was sent to the Commissioner to the Deputy Commissioner of Labour, Industrial Relations, 7th Floor, Labour Secretariat, Kirula Road, Narahenpita. He will ensure that you receive a reply and that the matter is taken up for consideration. As per your suggestion the overheads may be more than the interest payable.

Use of dynamite and street lights

Question: I hope and pray that you will take action for the following requests.

1. Now the situation in Jaffna is normal. Hence, the Authorities can allow the use of Dynamite.

2. Earlier the local bodies illuminated the streets, now the CEB should install street lights to my village. All are paying taxes. I find in some places street lights are installed.

S Thurairajah Atchuvely - Jaffna

Answer: As the OPA we are not able to take any action on the two matters referred to by you.

1. As you are aware the Emergency is still in Force. In fact the Parliament was reconvened in order to extend the Emergency. For many purposes the situation in Jaffna must be normal now but for the purpose of allowing the use of Dynamite we are not sure. You may have to check up from the Authorities there like the Government Agent.

2. As regards street lighting we understand that there is a plan.

It will be extended area by area after the establishment of sub-stations. Yes all are equal, however the provision of electricity and street lights are very much in the Governments plan, not only in Jaffna but in all parts of the country. Power generation has been one of the priorities of the Government.