Opa At Your Service

Questions and Answers

Legal provision of Co-operatives

Question: I am an ex-cooperative employee wish to take legal action against the Co-operative Employees Commissioner and the president, MPCS Ltd.

Hence I need your advice, instruction and to clear the following doubts please.

* Is there any provision in the law to file a case by a Co-operative employee against the order of the Cooperative Employee Commissioner?

* Is there provision in the law for the Cooperative Employees Commissioner to overrule the decision taken by the President of the cooperative society who is authorized and appointed by the Commissioner of Co-operative Development?

* Is there any provision in the law for the Commissioner of Cooperative Development to overrule the decision taken by the commissioner of Cooperative Employees Commissioner?

K Kailayanathan-Arayampathy

Answer: We are very sorry about the long delay in answering your question as we found it very difficult to get the answers. We could not find within this time frame anyone who is well versed with the co-operative Acts. Whatever answers given below has been obtained from officers of the Co-operative Development Department. However we do not vouch for the answers given below.

* We understand that there is provision in the law to file a case by a Cooperative employee against the order of the Cooperative Employees Commissioner.

* We are given to understand that the Co-operative Employees Commissioner cannot overrule a decision taken by the president of the Co-operative Society.

* The power to overrule a decision taken by the Commissioner of Co-operative employees is with the Cooperative Commission and not with the Commissioner of Co-operative Development.

For any grievances arising from the overruling given by the Commissioner of Co-operative Employees, you should write to the Chairman of the Co-operative Commission. The address of this Commission is No.100 1/1, Sir Chittampalam A Gardinder Mawatha, Colombo 2.

Permanency of school security service

Question: I was working as the day Security Officer at the WP/Jaya/Vidyawardana Maha Vidyalaya, Kolonnawa Road, Wellampitiya from 2001, on a voluntary basis to protect the school and the innocent children from LTTE terrorists who fought against the Government and the people of Sri Lanka.

Considering my loyalty, the School Development Society (SDS) paid me an allowance of Rs 1,000 from 2003. In 2005 this amount was increased to Rs 1,200 and in 2006 they paid me Rs 1,500. Although I am unable to make ends meet with this small amount of Rs 1,500. I discharged my duties to safeguard our children and the school from the blood thriving LTTE Terrorists.

I do not have any income now since there is no terrorist problem now as the terrorists have been wiped out.

I humbly appeal to the government, to consider the service rendered by volunteer day Security Personnel to school islandwide to safeguard the schools and children without expecting any consideration.

I seek the assistance of the OPA to get the day security staff to the Education Departments school permanent service as an appreciation of the day security service provided at schools by us.

I made representations to the Western Provincial Chief Ministry. I hope and trust that the OPA would get us a redress.

On behalf of Volunteer School Security Officers, Wellampitiya

Answer: Whilst the country should appreciate the service provided by volunteers like you, the question arises as to whether there is a need for such a service, anymore.

You must be very fortunate since you have been paid by the School Development Society for your volunteer services. They had also been increasing the quantum of such payment from time to time. Apart from this group of volunteers we find some schools in Colombo having security. As we are not clear on the security service available in some schools and the volunteer service provided by your group, we are unable to comment on this matter. As you have stated your group should take up this matter with the minister in-charge of education in the Provincial Council.

The OPA regretfully is unable to assist you in this matter.

Valuation of condominium property

Question: *One of my friends purchased the second floor of a building which has a ground floor, 1st floor, 2nd and a 3rd floor.

It is not a town property but a village property.

* Each floor has a separate owner.

* Now my friend wants to obtain a loan from a bank, keeping the second floor as security.

* He wants to know on what basis the valuation will proceed?

* He also wants to know how the insurance value will be arrived at?

Reader from Galle

Answer: First check up with your friend whether this building with three floors has different owners or whether some of the floors have been registered with the Condominium Management Authority. If not all the owners of the three floors should form themselves into a Management Committee or Corporation and register with the Condominium Management Authority at NHD Building, Sir Chittampalam A Gardiner Mawatha, Colombo 10, registering this building as a condominium property, if not already done by the owner of the building. Once this property is shown in a Condominium Plan approved by the Condominium Management Authority under the provisions of the Apartment Owner ship Law No.11 of 1973 as subsequently amended, the Bank will refer the valuation to a value in its Panel of valuers, who would know how to proceed with the valuation.

Also under the provisions of Law No.11 of 1973, the Management Corporation of the condominium property has to obtain an insurance policy for the entire building. The Corporation would do so in Consultation of professionals such as valuers or quantity surveyors and the insurance Company so chosen by the Management Corporation.

Depositors in failed finance company

Question: I refer to the question sent in by Bandula Mendis by email on the above subject and the answer provided by the OPA as appearing in the Daily News OPA at your Service page on Thursday, May 12, 2011. Please advice the writer Bandula Mendis to contact us.

P Madanayake-Colombo 7

Answer: We request Bandula Mendis to immediately contact P Madanayake at 410/121, Bauddhaloka Mawatha, Colombo 7 Tel. 011-2685541.

We understand from Madanayake that a group of depositors including himself have filed legal action and that the case is coming up for hearing. These depositors feel that it will add more strength if you and any other depositors of the said Finance Company could join them.

Longstanding grievance with LRC

Question: I thank the Daily News (OPA) for giving me the opportunity to highlight my longstanding grievance in your 17-03-2011 publication and for the trouble taken to assist me. As advise my husband Channa Dawlagala contacted Executive Director over the telephone and his response has been very poor. He did not want to go into our problem, advise to speak to director concerned. Subsequently, my husband spoke to Director, Land Ceiling. She too has been giving vague answers and has pretended to be annoyed over something. He continuously calls her and at last she said that the papers were forwarded to Chairman for his approval. However, Chairman's Secretary has categorically denied that papers were handed over to Chairman by the Director.

I visited the LRC on Wednesday, May 4, 2001 on their public day and met the Executive Director and the Director Land Ceiling, they directed me to meet Assistant Director where she said Chairman has made a note to prepare a board (Commission) papers to be forwarded to next board (Commission) meeting. I am compelled to believe the Assistant Directors' statement. Once again my request is to assist me to solve this longstanding problem as I could see after your intervention they are going into my problem.

Manjula Ioma Dawlagala

Answer: Since the publication of your question and our answer as having appeared in the Daily News OPA At Your Service page on Thursday, March 17, 2011, we had been following up your case with the Land Reform Commission on almost fortnightly basis.

We first contacted the Director Land Ceiling who was not only non corporative but was almost rude to us too in her response. We had never been able to contact the Executive Director despite trying both his office telephone number as well as his mobile number.

However, one of the officers at the LRC whom we wish to protect from publicity has been very helpful in following your case. Accordingly we are aware that a paper was put up to the Chairman and that the Chairman has returned the paper to the Director Land Ceiling to make some changes and reforward the paper. Thus the information provided to you by the Asst. Director is correct according to our information also. We assure you that we too will follow up your case as it has taken four decades as stated by you previously.