opa at your service

Questions and Answers

Passport for infant

Question: My husband and I are planning to visit the USA with our six month old baby girl. How can we get a Passport for our child?

Azwer – email

Answer: There is absolutely no difficulty in obtaining a separate passport for your six month old infant child. First you have to collect the Form K and complete it. Along with this form if your hand over all the following documents you will get the passport without any problem. At the Immigration and Emigration office in Colombo you can obtain the passport on the same day for extra payment. The documents to be submitted are:

* Original Birth Certificate of your child along with a photocopy of same.

* Three copies of passport size photographs. If you are not taking the child along to the Passport office, one of the copies should be certified on the reverse as that of the child with name.

* Marriage certificate of the parents along with a photocopy.

* Photocopies of both parents passports if available.

* Letters from both parents stating that each has no objection to a passport being issued to the child.

Damage to house

Question: The construction of a new house in the property behind mine, has resulted in damages and cracks to my house. The new house has been built directly abutting the border that separates the two properties. It is a three storeyed structure, and it appears that cracks to my house are being caused by subsidence of the soil and settlement of the new structure. The owner of the house did repair some of the cracks after the structure was completed but the cracks have re-appeared.

I may have to demolish a part of my house and the septic tanks as the cracks are too big to repair. As the owner is delaying to re-do the damages I propose to carry out the repairs.

Please advise me of the best way that I could recover the cost from the owner without resorting to legal action that in all likelihood may cost more money and time. I can’t afford both being a pensioner and elderly.

My property is situated at Dehiwela and I would like to know if the Municipality or if there is any other statutory body which could assist me in this matter.

P C Samahon - email

Answer: First you must get a reputed Engineer to estimate the damage to your house as well as the cost to repair or remedy same.

Having got this estimate from such an independent qualified person, you should approach the owner of the new building. You must obtain from him in writing his agreement to bear or reimburse the whole or part of the cost of repair. Thereafter, if you proceed you can claim the agreed cost from him. If he does not agree, you have no choice but to go to courts.

The Municipality will not interfere in private property or any dispute thereof. Ideally at the commencement of this new building you should have got a stay order from the courts and come to an agreement that any damage to your building, the cost has to be borne by the owner of that new building. It is very obvious that even the foundation for this 3 storeyed building would affect your building.

If you are unable to resolve with the owner, you may take this matter up with the Chairman, mediation Board for Dehiwela. He is Bandula Nanayakkara on Tel. 0112713531.

Concerns of a dual citizen

Question: I read your OPA page every week with much interest. I shall be thankful if you could please advise me regarding undermentioned concerns.

I am a dual citizen of Sri Lanka and Australia. I am married to an Australian citizen. We have been residing in Sri Lanka for the past 12 years. Every two years my wife gets her visa renewed and for that purpose I have to issue a letter stating that I have no objections for her visa renewal. My wife has also informed me that she intends to continue living in Sri Lanka after my death. I work here and also possess some properties and investments.

I have some concerns and would be thankful for your advice.

* Can my wife get her visa renewed without my letter of consent after my death.

* Can my wife be nominated as the executor in my last will.

* Can my wife inherit the properties I own in Sri Lanka if I bestow these to her in my last will.

* Can my wife invest the money I leave behind for her in interest bearing deposit accounts.

I will be grateful for your advice.

Concerned dual

citizen - email

Answer: We presume that you are aware that your wife if she has been married to you for more than seven years and stayed in Sri Lanka continuously for more than 18 months, she is entitled to apply for Sri Lankan citizenship by renouncing her Australian citizenship. May be she does not wish to renounce her Australian citizenship. In which case she can continue to live in Sri Lanka even after your demise by getting her resident visa extended by producing your death certificate.

That answers your first question. Your wife will not be granted dual citizenship by Sri Lanka. Yes your wife can be nominated as the executor of your last will. Yes your wife can invest the money you leave behind for her (in your last will) in interest bearing deposit. However it is better if your money can be deposited in a joint account whilst you are alive, so that she need not wait until the completion of the testamentary case to have access to this money. We presume you have a recognized marriage certificate if not registered in Sri Lanka or at a Sri Lankan mission office in Australia.

Unknown fate of quoted company

Question: On the 28.8.1978. I bought 100 shares of Asiaknit Ltd (49/16, Iceland Buildings, Colombo 3) paying rupees one thousand (1,000). They immediately issued me with a stamped receipt, and later on an ordinary share certificate indicating the issuance of 100 shares from No. 25,024 up to 25,123.

They later posted me the dividends of Rs 100, Rs 125, Rs 100 and Rs 175 for 1980, 1981, 1982 and 1984 respective years.

The last correspondence they had with me was a letter dated March 26, 1981 acknowledging my change of address. Since then up to date they remain dead silent. Please let me know what course of action ought to be taken.

Mahinda K –

Madapatha

Answer: We must state that you are not alone on this. Several companies come into operation following all regulations and some of them either go bankrupt or simply vanish. In fact some were even quoted companies in the free trade zone.

There is no record of this company with the CSE, as CSE only has records from 1985.

Your are some what fortunate in this since you have received Rs 500. In total as dividend thus your loss is only Rs 500. Many people who invested in the early years have lost their total investment without a cent as dividends. These are referred to as ‘Foot Loose’ companies. We checked up with the Registrar of Companies and this company has not been de-registered yet but about to be for failure to comply. You can write it off as a loss. At least now with the new Companies Act, there is lesser chance of one loosing the investment but the risk is always there for an investor.

Results of 2008 GIT examination

Question: Ref: General Information Technology (GIT). Examination year 2008. Examination No. 38983.

This is to inform you that in 2008 I sat for GIT 2008 Examination through my school Vivekananda National College, Colombo 13.

Several occasions I called over to the examination office and officers in the examination office informed me that the results were not ready to publish.

I shall be thankful if you could kindly look into this matter and let me know this result, because this certificate is essential for me to find employment.

Enclosing herewith copy of the letter which was sent by registered post and faxed to the Commissioner of School Examinations.

Selvaraj Sumer – Colombo

Answer: We do not wish to publish the actual name of the student for the protection of the student. It is good that you brought this to our notice. This shows the inefficiency of the Department of Examination though the Commissioner of Examinations speaks highly of his Department and defends it at numerous forum and over the media.

It is very unfair not to publish the 2008 examination results until September 2010, that too after the date of 29.8.2010 the date fixed for the 2010 examination.

When checked with the Department of Examination (on 4.10.2010) they informed us that the results have been released two weeks ago and that it is available at the school. They agree that it has taken longer due to other examination and that they will endeavour to release it earlier in the future.

When questioned about the usual time taken to release this examination results, it was stated ‘as soon as possible’. When suggested it was positive for six months and negative for three months and 12 months.

Erecting of Cable TV lines

Question: It has been observed that some men carrying large Aluminum ladders on their motor cycles climb on to LT electricity Posts and draw Cable TV cable lines along and across the LT cable lines.

They move on their motorcycle’s carrying the long two piece aluminum ladders day and night and draw TV cables.

It appears to be those TV cable lines are drawn illegal along the LT electricity cables and on the electricity posts. At times these men wear a T shirt with the name Cable TV.

Is it allowed to carry large Aluminum ladders by the pillion rider, which is dangerous to other road users?

Can they draw their TV cable lines on the LT electricity posts and lines?

If not who are responsible to monitor and put a stop to this dangerous act of the Cable TV operators in the City and the suburban areas.

Further it is observed the motorcycle used by the TV cable men are without registration number plate on the rear side. How did they pass the high security areas and specially pass the Traffic Policemen manning the streets.

According to the Sri Lanka Electricity Act, No. 20 of 2009, the Public Utilities Commission of Sri Lanka, is empowered in the supplies and distribution of the electricity.

It would be appreciated if some one could educate the public as to how to deal with such instances.

Marikkar e-mail

Answer: To our knowledge TV Cable lines are drawn on posts planted by the TV cable company. If you say that TV cable men are climbing the electricity post it is the risk they take, very much like those who tie white flags for funerals and other such banners.

Similarly, carrying ladders on motorcycle is also at their risk of both accident, damage and traffic offence. If the traffic police notice they make take action. Unfortunately not may traffic offenders are being taken to task by the police, although the police is no active against pedestrian for Jay working and crossing the road except at Zebra crossings.

As a concerned citizen, we suggest that you first take up this matter with the higher management of the TV cable company who may not be aware of the risk taken by their men. Unless the TV cable lines are drawn on to the lamp post or the cable likely to come in contact with electricity wires, the Electricity Board or Commission cannot take any action. In which case you may report to the Electricity Board.

Non payment of bonus interest for senior citizen

Question: The following bank accounts are being maintained by my husband and myself at the National Savings Bank, Nittambuwa.

No. 2-0100-01-82648 – fixed deposit joint.

No. 2-0100-02-2132 – fixed deposit joint.

No. 1-0100-01-9712-2 savings account joint

The monthly interest credited to the above savings account during the period January 2010 (from February 2010) to May 2010 (June 2010) and the 20 percent bonus interest paid by the Government during the relevant period is as follows:

Bank interest: 20 percent bonus interest

Rs 54,716.68 Rs 5,427.28

From the above you will kindly observe that only 10 percent interest has been paid instead of the declared 20 percent interest. Although I have brought this to the notice of the bank, the errors has not been rectified to date. In this connection, I have at the very outset submitted the relevant forms separately duly completed and authenticated by both of us.

I shall be very grateful if you could look into this matter and get it rectified.

H S P de Silva –

Nittambuwa

Answer: Although you have not stated, we presume that both you and your husband are senior citizens and over the age of 60 years. In case of joint accounts, the Central Bank will pay only 10 percent bonus interest to each one of the joint account holders.

This will be paid separately but would be credited to the same joint savings account, provided each individual have completed the declaration form separately giving the NIC number. We contacted the Central Bank – Bank Supervision Department who is responsible for the payment of this bonus interest.

They confirm that wherever the bankers have provided the proper and complete information, bonus interest has been paid for the period January to June 2010. If not they advise the affected parties to take up the matter with the Manager of the Bank concerned. We suggest you write to the manager of your bank with a copy to the Bank Supervision Department, Central Bank of Sri Lanka, 30, Janadhipathi Mawatha, Colombo 1.

We understand that there are more senior citizens who have not received the bonus interest for the full six months, than those who have received we can only advise but we cannot help each individual.