OPA at your service

[Questions and Answers]

Amendment to Motor Traffic Act re-mopeds

Question: While appreciating your valuable services, I wish to place the following grievances to get your kind help to solve it.

I am used a moped TVS less than 49 cc (h.p.) for my personal transport for the last seven years without a driving licence, helmet or registration of vehicle, a concession allowed by the Motor Traffic Act for users of vehicles less than 50 cc. However, paying the Urban Council (Local Authority) for the Revenue licence. I have already obtained the Revenue licence from the Local Authority (UC).

I am one of those shocked to learn that restrictions are suddenly being imposed on the use of moped (motorcycles) under 50 cc by way of imposing the need to register the vehicle, obtain driving licence etc., most probably by amending the Motor Traffic Act.

There were no accidents reported from those using moped motor cycles under 50 cc. However, several hundreds of accidents (even resulting in deaths) reported by those using motor cycles above 50 cc (h.p). Therefore the need for this amendment to the Motor Traffic Act is unknown.

There will be many problems in registering vehicles that are in use for the last seven or eight years On an application to the Motor Commissioner’s Department at the Kachcheri, I was directed to go to the dealer of the said vehicle to get it registered. As an authority, the CMT’s office in Trinco is not responsible for registration of vehicles. There shall be similar problems in obtaining driving licence for students and elders.

It is justified to allow or exempt the owners of moped motor cycles less than 50 cc to continue their use of the vehicle and impose the restrictions of the Amended Act on those purchasing the vehicle in future or after the year 2010.

Your gracious kind assistance is absolutely necessary to get justice for those present owners of the moped motor cycles less than 50 cc horse power.

P W S Johnston, Trincomalee

Answer: Prior to the present decade there were no motor cycles of 49 cc and so. Therefore it was an omission, not a concession.

The existing Motor Traffic act did not cover motorised cycles below 50 cc. There was only one category called motor cycle from 50 cc upwards. Now with the introduction of 49 cc which was not available in those days there became the need to amend the Act. Accordingly, from 2009, there are two categories, motor cycles from 100 cc upwards and light motor cycles below 100 cc.

The new Act will cover if there are motor cycles of even 25 cc or 20 cc. It is for the safety of the motor users the helmet requirement is being enforced. We understand that several accidents of mopeds was the outcome of this amendment.

As to registering the old mopeds in use we agree there will be a practical problem. The Motor Traffic Department will soon publish in the newspapers an easy procedure to register the mopeds already in use without having to produce the usual documents as required for the registration of a new motor cycle.

Employment to resident permit holders

Question: Can we give local employment to Sri Lankan spouses holding a valid Resident Permit issued by the Immigration and Emigration Department? If yes, will it affect free renewal of their Resident Permit?

Do we need to take special permission from Immigration and Emigration Department before employing?

KSM by email

Answer: You cannot freely provide employment to a Resident Permit Holder even if it is the spouse of a Sri Lankan. The principle being that the person is a foreigner and will deprive another Sri Lankan an opportunity for employment.

However, with due permission a Resident Visa Holder can be employed. The prospective employer should apply to the line ministry such as Industries Ministry or Trade and Commerce Ministry under which their business comes and obtain permission justifying why preference of employment is given to the Resident Visa Holder over a Sri Lankan citizen. Once such permission is obtained, the Resident visa holder has to apply to the Department of Emigration for approval. Thereafter no free renewal of Resident Visa and have to pay Rs. 20,000 for renewal.

However, if it’s their own business, that is the family invested business, then such approval will not be required. For any further clarification you may call the Immigration and Emigration Department on telephone 5329000.

Unutilized leave of past years for teachers

Question: I read your column ‘OPA At Your Service’ in the Daily News paper. I would like to clear a doubt regarding unutilized leave for teachers. I am a teacher with 30 years service. In 2002 I had to undergo heart surgery and was on medical leave. Since the 41 days entitlement was over I had to compensate the extra days from previous years. Again I underwent open heart surgery in 2005, and was on leave for three months on the surgeons advice. I applied for indemnity from the unutilized leave from the previous years. My request was rejected saying a teacher could use this privilege only once in his/her service period and was deducted from my salary. I am now retired from the SLTS due to my health conditions. I would like to clarify whether the teachers are entitled to use their unutilized leave only once during their service period. I would appreciate your reply.

M. S. Soosaithasan, Batticaloa

Answer: We made inquiries from the Education Department and we are made to understand that teachers could make use of such facility as utilizing their past accumulated unutilized leave once in five years this is as per circular number 24/2007 of year 2005.

We were not able to get an answer as to what the system was prior to 2005. It may have been once during one’s service period. In any case even under the 2005 circular you would not have been covered as you had requested for such leave facility within three years. That is in 2002 and again in 2005. Now such a facility can be availed of once in five years which means only after completion of five years from the first you can avail yourself again.

Non receipt of Principals appointment letter

Question: I am a retired Government servant. I was retired from teaching service w.e.f 01.01.1991. At that time I was serving as a performing principal at MN/Al-Azhar MV Mannar.

I was appointed as Sri Lanka Principal Service Grade – w.e.f. 1.6.1989.

I have been paid only a Trained Teacher’s pension. But I am entitled to receive a pension of the post of Principal Grade-1 of Sri Lanka Schools Principal service, according to the circular bearing No. 2004/6 of the Director of Pensions.

I was made to understand that it is the non availability of the formal letter of appointment that is preventing me from getting the pension that I am entitled to get.

So, I wrote to the Zonal Director of Education, Zonal Education Officer, Mannar (former Head of my Department) to get the said formal appointment from the Public Service Commission.

The Zonal Director of Education, Mannar responded to my request and sent a letter to the Public Service Commission, Education Service Commission to issue the permanent appointment letter on 7.11.2007 with a copy to me. No action has been taken up to this date to issue my permanent appointment letter.

The copy of the letter sent by the Zonal Director Education, Mannar to the Public Service Commission is sent herewith for your reference. I shall be much obliged if you could please give this matter your attention.

A. C. M. Mahroof, Puttalam

Answer: We wonder why you waited so long from 1991 when you retired. Again the letter sent by the Zonal Director of Education, Mannar was in 2007 which too don’t appear to have been followed up. With the passing of time lots of things change and it becomes almost impossible. The Public Service Commission no longer handles the Education Service and it’s now the Ministry of education. We contacted the Public Service Commission and they say that they have no records of 1990 temporary appointment letter and other papers by the time the Zonal Director wrote to them in 2007, that is after 17 years. We also spoke to the Add. Secretary in the Education Ministry who is now handling such matters.

He requested that you appeal to the Ministry of Education Secretary, preferably through the Zonal Director of Education, Mannar along with copies of all relevant documents. The same documents were forwarded by the Zonal Director to Secretary, Public Service Commission as per his letter of November 2, 2007. For any further assistance you may contact the Additional Secretary Ministry of Education on telephone 2784813.

Non receipt of condominium deeds

Question: I bought a flat in Colombo 4 under sales agreement by paying the full purchase price. The promoter promised that the condominium deeds will be issued to individual apartments within six months. I am occupying the flat for last three years. But now the promoter says he is unable to process the deeds due to delay in getting the COC due to non provision of adequate parking space. Please let me know.

(a) What action can be taken to get the condominium deeds.

(b) Whether the condominium authority can help us to obtain the COC and individual deeds.

Ram, Colombo 6

Answer: Your problem must be a common problem to all the residents or owners of the rest of the apartments in your condominium.

This also appears to be quite a common problem with most condominium as the builders or promoters do not adhere to the approved plan and are thus unable to obtain the COC.

What you can do now is to form a Management Committee along with all other residents and register it with the Condominium Authority under the National Housing Development Authority (NHDA). Once you have registered you may be able to obtain the assistance or guidance of this Authority in order to obtain the deeds. The builder or promoter can be summoned by the Authority. There must be ways of overcoming the problem or alternative route to fulfill the shortcoming and obtaining the COC. All is not lost. Don’t worry.

Assets of migrants

Question: My daughter, her husband and son migrated to Australia almost three years ago and they are Australian citizens now.

She has a house and property in Sri Lanka, gifted by me nine years back, which is occupied by me and my wife at present. We have life interest on the property. She also has a Savings Account in Sri Lanka.

Will it be possible for her to dispose of these assets later and remit the proceeds to Australia? Will the position be different if she has dual citizenship? What are the other options, if any, available to her?

I wish to thank you and the Daily News for the excellent service rendered on a variety of subjects of common interest to the public.

Nihal Fernando, Moratuwa

Answer: A Sri Lankan is allowed to take up to a maximum of USD 150,000 since 2008 at the time of migration. This can be done through any commercial bank and no approval required from the Central Bank.

For this purpose one has to present to the bank the migration visa and provide an affidavit as prescribed by the bank. In addition for transfer of amounts over Rupees one million (i.e. about USD 9,000) one has to obtain Income Tax Department clearance as well and present it to the bank.

In case at the time of migration one did not take the USD 150,000 then that person has to apply for approval to the Exchange Control Department of the Central Bank. Once such approval is granted the money has to be deposited in to a blocked account with any commercial bank and initially USD 150,000 can be transferred. Thereafter, one is allowed to transfer up to USD 20,000 per annum from this blocked account.

In the case of those who have taken USD 150,000 at the time of migration, they too will be allowed to transfer up to USD 20,000 per annum through the commercial bank after approval from Exchange Control Department. These amounts and regulations are subject to change from time to time as such not applicable at all times and should be checked with the commercial bank or the Central Bank. There is no difference in the position by obtaining dual citizenship. Your daughter can dispose of her property in Sri Lanka at any time and take the proceeds as stated above. However, being a migrant she has to obtain prior approval for the sale of the property from the Exchange Control.

Publishing translation

Question: On reading the selected works of Oscar Wilde published by Edimat Books Ltd London, I was deeply impressed by his work.

‘De Profoundis’. I like to get it translated into Sinhalese and publish it for the benefit of the Sinhalese reading public. I am attaching a photo copy the publishers ‘All Rights Reserved’ given at the beginning of the book. I have written to the publishers asking for their permission, but I have not received any reply. I like to have your legal advice.

C. S. M. Perera, - Colombo 10

Answer: For you to translate works of Oscar Wilde you do not require anybody’s permission. The best way out is to get hold of some other publication of the Work of Oscar Wilde and go ahead with your translation work.

We are not aware or unable to figure out as to on what basis this publisher Edimat Books Ltd, London are claiming exclusive rights. May be based on their selection and the order of arrangement, sequence etc. Therefore the safest is to go by another publication and translate the work selected by you. Except Oscar Wilde himself no one can claim exclusive rights for his works.

OPA Annual Sessions

The 23rd Annual Sessions of the Organization of Professional Associations of Sri Lanka (OPA) will be held on October 1 and 2 at the Crystal Room, Hotel Taj Samudra. The theme of this years Annual Sessions is ‘Vision 2010: The way forward.’

Send your questions

The Organization of Professional Associations of Sri Lanka (OPA) will cover questions in all professions and subjects of common interest to the public in the ‘Daily News OPA at Your Service’ page every Thursday. Please make your question brief.

Questions can be directed to the OPA on e-mail:[email protected] Fax. 2559770 or write to the Professional Centre, 275/75, Prof. Stanley Wijesudera Mawatha, off Bauddhaloka Mawatha, Colombo 7