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Questions and Answers

Violation of basic Human Rights

Question: By restricting rent payable through the Rent Act No 7 of 1972. Article 25.1 of the Universal Declaration of Human Rights advocated by the United Nations proclaims that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services and the right to security in the event of unemployment, sickness disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

This implies that the ultimate goal of assuring the dignity of man cannot be achieved without that person enjoying all his or her rights. Respect for civil and political rights cannot be separated from the enjoyment of economic, social and cultural rights while real economic and social development requires political and civil freedom.

It is these underlying principles, of interdependence and indivisibility, which guide the human rights and fundamental freedoms advocated by the United Nations. Unfortunately it appears that we in Sri Lanka have forgotten these other aspects of human rights.

Especially that of the right to a livelihood and to adequate housing. When the Law states that the business premises is governed the provision of the Rent Act No 7 of 1972 only the owner of the premises is deprived of his real and Lawful income on rent based on the present market value, while everyone else, including the Lawyer, has his income based on today’s market values to fight the case to obtain the 1972 Rent value in 2007 conceding everything in favour of a unreasonable Tenant.

Therefore, the owner of the premises is compelled to provide a subsidy without any other option to one who does not require a subsidy in the payment of rent for no apparent reason event though the tenant has enormous profits and income and assets compared to the owner of the premises who is paid only a paltry sum based on the 1972 value.

Many violations of the Law can be made by the Tenant, to obtain income in excess of the subsidized rent paid by him and quite successfully.

The subsidized Rent paid under the Rent Act of 1972 ignores all violations by the tenant the Rent Act is really a good source of income for the Lawyers who can delay Justice for years which has not been looked into. Is there any major disadvantage therefore under free economy to repeal the entire Rent Act of 1972 completely and eradicate law’s delay and prevent Human Rights Violation.

Ismeth Ghouse - Colombo 6

Answer: We do not agree with you in that the Rent Act of 1972 is a violation of the basic Human Right. You are only looking at it as an owner who has given his excess house on rent. If you look at the Act from the point of view of the tenant, it grants the tenant his basic Human Right.

If you are a single house owner you will be able to get possession without much difficulty for you to live in. Your grouse is that you are not able to raise the rental freely because of the Rent Act. It depends on how old your house is, if it was built after January 1, 1980 or if you have lived in it after this date for any period of time the Rent control is not applicable.

We would advise you to discuss your problem with an Attorney-at-Law who is well versed on the Rent Act in order to explore means of increasing your rent to market level. In 1972 when the Rent Act was brought in it was very much in favour of the tenant but it is not so to that extent now after all the changes to this Act. There are amendments event outside the Parliament introduced by the Ministers we understand.

Qualification for pension

Question: A permanent pensionable public servant appointed at the age of 45 completes 10 years service at the age of 55. If the employee has gone on no pay leave will this affect his entitlement of the pension? Can he ask for an extension to come up the period lost. Is the 10 year period counted in days?

Bandula - Ratmalana

Answer: From what we have been given to understand this person who was appointed to permanent pensionable public service at the age of 45 years is entitled to a Pension on completion of 10 years service at the retirement age of 55 years.

The no pay leave the length of which you have not indicated should not affect his right to pension. Usually the gross period of employment is taken into account that is from appointment to retirement.

Although our answer is in general, it is best that this person verifies it himself with the Pensions Department as we are not aware of the length of his no pay and the terms and conditions if any applicable to the no pay leave.

He or she could ask for an extension and get the confirmation regarding the pension or enjoy the extension in any case if granted. The ten-year period is not counted in days.

Benefit of W & OP contribution

Question: Further to the question raised by H Edmund Perera, Badulla under the title ‘Refund of W&OP contributions’ dated 17.02.2011.

Thanks for the reply given by you. Anyway this pushes me to pose another question on the same topic.

I am a pensioner who has contributed to the W&OP Fund since I was made permanent in my appointment. This I did to make my spouse happy after my demise.

Unfortunately she passed away leaving me alone. I feel most miserable when I think how I contributed to W&OP with the sole idea of making my wife happy.

1. Whether there is any provision in the W&OP Fund Act to nominate somebody to get this refund.

2. If I marry again will the spouse be entitled to get this W OP? The money I have contributed for a good cause.

3. If the spouse is divorced and enter into another marriage will the new spouse be entitled for the money I have contributed to the W&OP during my service.

4. Can I do anything, have I no right as this is my own contribution.

I hope your professionalism will assist to give us some solution in this respect.

M Perera -Ja-Ela

Answer: The way you have looked at your contribution to the W OP Fund does not appear to be correct. One does not contribute to the W&OP Fund to make one’s wife happy.

It is a necessity for the upkeep of one’s spouse in the case of the pensioners demise before his spouse. Further it is a compulsory contribution unless it was not so in the early years? Only those who remain a bachelor or a spinster at the time of retirement can request for a refund of such contribution.

In the absence of your wife you can nominate any children who will be entitled to the W&OP upto the age of 26 years. Any disabled or differently abled child can receive the W&OP payment for life.

You cannot nominate anyone else. If you marry again your spouse will not be entitled to W&OP unless you were married again before going on retirement. Same applies if you divorce and marry again it has to be before you go on retirement.

No you have no right to this contributions expect your wife after your demise (not applicable in your case as your wife has predeceased) you and children if any upto the age of 26 years and even for life if disabled.

How to trace W&OP number

Question: I am a 84-year-old widow living with a handicapped daughter. My husband expired on 18.11.2009. He was working as an Assistant Medical Practitioner in the Health Department.

After 20 years of service he was dismissed from service on 7.5.1971 while serving at peripheral unit Galagedara in the division of Superintendent of the Kandy Health Service. Now I need my widow and orphans number to apply for W&OP scheme of pension. We lost our W OP number when our house was burnt in Trincomalee during 1985, without my W& OP number I can’t apply for W&OP pension scheme.

As per letter No..... 01/01/82 dated 1/6/2007 (copy annexed) from Pensions Department to my husband P Kanagasabapathy that he made subscriptions to Widows and Orphans Scheme. As per my letter dated 15.03.2010 to medical officer in charge peripheral unit Galagedara in the division of S H S Kandy (copy annexed) to send my W&OP number, no action taken by S H S Kandy to send my W&OP number so far. As such I cannot apply for my W&OP pension.

Please advice me how to get my W&OP number and W&OP pension without this number at this old age.

K Chellammah - Thirunelvely, Jaffna

Answer: We contacted the RDHS (Regional Director of Health Services) office in Kandy and it took us a couple of weeks to get the requested information as we are referring to a 1971 file.

They did confirm having received a letter from you and after our following up they claim to have replied your letter in response to our inquiry.

The have only forwarded his salary details for 1971 but not the W&OP number. They checked their record room and informed us that your late husband had worked at the Galagedara Hospital only for few months and that his personal file was not transferred to them.

They advice you to contact his immediately previous place of work. Also they say that he has worked in Jaffna at some stage and to check with the hospital there.

We also contacted the W& OP office and without a pension number, they say it is almost impossible to trace the W&OP number.

Whilst we will try to look for ways of helping you we request you to write to the RDGS-Kandy at Housing Building, 56 Yatinuwara Veediya, Kandy and request for their assistance to trace the W&OP number, giving all the particulars required.

Withdrawal of fixed deposits

Question: I have deposited over Rupees ten lakhs with the finance and Guarantee Company Ltd. I am now unable to withdraw my deposits on maturity after 24 months. They even deprived me of my interest of 20 percent and paid only 17.5 percent p.a. monthly. Having argued with them, they paid me the differences in interest for one year only.

For the second year they did not pay any interest at all for maturity on December 23, 2010.

Despite my request they have not yet refunded my deposit. They are evading payment and do not reply or acknowledge even letters sent by registered post.

One lady officer telephoned me and stated that the Company is unable to release my deposit for another two years and if funds are required by me on medical grounds they are prepared to consider granting a loan.

My hard earned money now dictates to me, when requested for a written response there is no response.

Non receipt of interest is causing problems for my daily living. The F and G Co. Ltd is now managed by Merchant Bank of Sri Lanka PLC and their letter dated February 18, 2009, was received by me on March 1, 2010 stating the Company has been re-named as Island Finance Co. Ltd and the address as No 46/46, Second Floor, Green Lanka Towers, Nawam Mawatha, Colombo 2.

This is unsatisfactory now who is liable to refund money deposited by me with the Finances and Guarantee Co Ltd. The provisionary notes were issued by F and G Co. Ltd, in the event of my death of my wife will have to face problems to claim the money. Other members of my family have also invested with F and G Ltd. We seek your advice to enable to enable to withdraw my money. I am not prepared to provide bogus medical reports.

L S Nelson Fernando - Ja-Ela

Answer: As your letter was too long we had to edit it and got delayed. The Finance Company you have deposited with was registered with the Central Bank, we understand but unfortunately this Company too got into financial difficulties along with the other Companies in the group.

Yes, the Central Bank has appointed the Merchant Bank of Sri Lanka PLC to mange this failed Finance Company. You need not worry about the new name of this Finance Company as the Central Bank has not approved the new name and therefore they have to continue under their old name and the promissory notes will hold good.

We understand that they have paid interest up to December 2010 but interest for January and February 2011 are yet to be paid. The Company is in the process of writing to Depositors, may be high value giving an option to convert their deposits into the share capital of the Company by issuing non voting shares.

In your case we suggest that your write to the CEO - R Ratnayake (Tel. 4643643) at 46/46, Second Floor, Green Lanka Towers, Nawam Mawatha, Colombo 2, requesting him to release your deposits. If you are lucky you may get part of your money refunded.

They do have a cash flow or liquidity problem which is why they are unable to release deposits. Your fate is no different to all others who have deposits with any of the Finance Companies now in difficulty but we are confident that most of them will come out of it given about two years.