Opa At Your Service

Certification of EPF claim forms

Question: Although salary deductions were made, these monies had not been remitted to the Central Bank until the intervention of the Labour Department.

Now the employer (name and name of company withheld from publishing) refusing to certify my NIC no. saying that the company is not existing.

My EPF no. is 19471/A/00642. I have my ‘B’ card.

Your invaluable legal advice is kindly solicited.

R M Kumarasinghe - Kottawa

Answer: We contacted your former employer but he was not willing to corporate in this matter to assist you as he claims that he cannot remember you as an employee after so many years and that the ‘B’ card could be a forged one.

We suggest that you go to the Labour Department office at Kirula Road, Narahenpita and make inquiries at the EPF office at the ground floor.

Depending on where your employer or the company was they will direct you to the Commissioner handling that area. You can find out from the Commissioner whether your employer had informed or obtained approval of closing the company. If he had informed from their records, the Commissioner will certify your ‘B’ card, enabling you to process your claim.

In case the employer had not informed the Labour Department of the closing of the company your ex-employer will be summoned by the Commissioner for such default. Also all the employees will be entitled for termination compensation which you should be able to claim even after so many years.

Questions and answers

Payment to Registrars of Marriage

Question: I would greatly appreciate if you would kindly let me know through your OPA column whether the Registrar of Muslim Marriage is legally entitled to charge a fee from the parties who are registering their marriage? If so how much could they charge from each party? If it is illegal to demand or charge a fee to whom I should write to this nefarious activity. There are two Muslim Registrars in this area. We had two registrations, when we called on to one registrar he demanded Rs 1,200 and the other man demanded Rs 1,000 from each party. Different charges from different registrars.

M M Azeez-Wattala

Answer: This question reminds us of a previous question on payment solicited by a Justice of Peace. Here again let us explain that all Registrar of Marriages whether for Muslim, Buddhist or Hindu marriages are all appointed by the Registrar General and come under his purview. However, allocation of Registrar for Marriage on request is made by the Divisional Secretary’s office.

All these Registrars of Marriages are paid an allowance by the government. You are expected to provide transport up and down to the registrar and if transport is not provided, it is legitimate for him to claim the cost of transport. Also it has become a custom to give a santhosam to these registrars. Some may not be giving any santhosam, thus the registrar may be claiming a fee as stated by you. We do agree that claiming a fee is illegal and if you wish to report the matter you can make a complaint to the Registrar General at 234/A3, Denzil Kobbekaduwa Mawatha, Battaramulla or by telephone on No. 0112889490-01.

Complaint unattended by CEB

Question: I have sent a registered letter dated May 30, 2011, to the Area Engineer of Ceylon Electricity Board at Horana regarding an unsafe main service cable over my land in order to supply electricity to the next door house. However, I have received no response yet for these problems. Therefore I would feel obliged if you could find out the reason for negligence of dealing with any problems. A copy of the letter of complaint is annexed to this letter for your convenience.

U Kaluarachchi – Ingiriya

Answer: We contacted the Area Engineer, CEB Horana office on Tel 034-2261286 and as he could not recall having seen your letter dated 30-05-2011, we have faxed a copy to him for his attention.

We have also forwarded a copy of your letter to the Area Engineer, to the Chairman, Public Utilities Commission of Sri Lanka (PUCSL). They will make inquiries from the area engineer by which time we hope the Area Engineer would have attended to your matter. If not he sure will response to the PUCSL. We have spoken to the Consumer Affairs officer at the PUCSL and we will follow it up.

Please let us know when this matter is attended to or in case it is not attended to even after the lapse of a month from now.

Forged deed and right of way

Question: We have a land written in 1976 about 12 1/2 L. In the corner of our land there was a very small temple. In 2005, with the unwritten permission (by word) two or three people did some extension we also agreed.

Now we wanted to sell the land. The two people now produced a deed written in 2010. The deed is a tailor made deed enclosing the kovil and the surrounding land. They say the land was donated by a person. They say we have no path or way to go to our land. My opinion is that the deed is a false, forged or fraudulent one.

We went to the Police station. The Police asked us to file a civil case. The two people know and we too know the weakness in the law and judiciary. It will take years to reach a verdict.

Please advise me;

1 How to identify a forged deed

2 If it is so, to whom it should be reported

3 Let me know a quick remedy to get out of this mess

Herewith I am enclosing the forged deed for your perusal. The deed has no previous numbers.

S Thurairajah-Atchuvely-Jaffna

Answer: As regards the forged deed it is only the Police that can intervene. You must not mix up the issue of your right of way with the forged deed.

You must report to the fraud bureau section of the Police station in your area, if necessary by speaking to a higher officer like the ASP of the area. It is only the Police who can inquire about a forgery and the culprits to courts.

As regards the right of way to your land you will have to file a civil case in the District courts. If the question of the forged deed comes up in this civil case, then the case will be delayed until the conclusion of the case on forgery.

The court hearing the civil case may not and is not obliged to order for an inquiry into the forged deed. There is no quick remedy in legal procedure.

You may try the Mediation Board for quick solution to your right of way matter but if it cannot be solved there, you have no choice but to go through the civil case. The long legal procedure is one of the reasons for law lawlessness and the jungle rule, which appears to be prevalent now a days. Your attorney-at-law should be able to advise you on how to identify this deed as a forged one or not.

W & OP payment to disabled child

Question: I have a psychiatric patient at home. On my request, the Director of Health Gampaha Division has recommended to the Director General of Pensions to pay the W & OP pension to the sick child, vide annexed letter dated 20.05.2011 marked (i) Similar cases are being paid.

My wife who a pensioner made a declaration to join the W & OP scheme on form General 86A along with other, relevant documents in 2007 when notification was published for female officers to join the scheme. However, only the form was accepted and the other documents were rejected by the officer as the Marriage Certificate was slightly torn.

My request to accept until I get a fresh copy from Kandy was not accepted before the lapse of the closing date. Copy of letter marked (2) is annexed.

In the meantime, a fresh form Gen. 86A along with relevant documents were sent direct to the Secretary and Accountant W & OP to take action within the stipulated period copy of letter marked (3) is annexed. Again there was no response.

There is enough proof that she had opted for W & OP. Hence the Director General Pensions can consider either the application of Health Authority dated 20.05.2011 or her option given in 2007 and make pension payments.

K A Somaratna-Mudungoda

Answer: We have contacted the Director in Charge of W & OP at the Pensions Department. Also as per their request we have forwarded a copy of the letter from the Director of Health Services, Gampaha to the Director W & OP. We will follow this up and revert with the progress on this matter.

This reply is an interim measure to keep you informed.

According to our understanding your child will be entitled to the W & OP Pension.

However, the Department of Pensions will recover a certain amount monthly from this pension if granted as the contribution to the W & OP Fund. This is because your wife had not contributed at all towards the W & OP Fund.