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Commission recommends relief for low-users
GST hampers growth of telecommunication sector

Arjuna sues ‘The Island’ for Rs. 100m

Commission recommends relief for low-users
GST hampers growth of telecommunication sector

Much of the blame on the high cost of the telecommunication sector has been placed on the Goods and Services Tax and this is said to be the reason why there is no rapid growth in modern technology use in the country.

Now, after considerable in-depth study of the issues the Presidential Commission of Inquiry on Trade and Tariff has recommended that it should be reviewed in the context of the present requirements, if not doing away with it in the case of several of user requirements.

The Commission in its final report says: "We believe that the impact of GST on the provision and expansion of telecommunication services should be carefully reviewed and any adverse impact eliminated, in the larger interest of Sri Lanka’s economy. We are mindful of the fact that, on account of the large revenue generated to the Treasury, total elimination of GST on telecommunication services may not be acceptable. However specified areas in the telecommunication sector deserve to be considered for GST exemption.

Recommendations made include exemptions from payment of GST for low-user tariff bracket; exemptions for Payphones and Internet services and lowering the levy for a licence to establish an internet service.

The Commission has noted that "with the increasing globalisation of commerce and the advent of electronic commerce, telecommunications are set to become one of the key infrastructure sectors of the country".

Low user electricity consumers with usage of less than 90 Kwh are given exemptions by the Electricity Board. The Commissioners want such a scheme to be introduced to benefit low user subscribers of telecommunications of both SLT and all others who provide telecom services. The cut-off point is recommended as 200 points per month.

The other telecom services are payphones and internet services. Since these are said to be a vital communication link and resource base it should be developed at an affordable price, particularly to the low income category. The Commission has pointed out that the current policy on zero-rating be extended to these two services as well.

In the case of internet service providers, the current license fee is Rs. 3 million. Thus there is an inhibition of the development of such services despite the present need for expansion. Hence the recommendation is that the license fee for such services be reduced to Rs. 100,000 if not completely revoked.

The Commission sat for 14 months and its final report has furnished a new Tariff Schedule.

The Commission headed by B. I. Gunatunga include D. S. Weeraratne, G. Cumaranatunge, S. C. Jayanetti, U. Vidanapathirana, M. Susiriwardana, S. E. Captain, V. Kailasapillai, Tilak de Zoysa, T. N. Jinasena, D. Rodrigo, N. F. C. Ranaweera and A. Kumarasinghe. — (ERIQ)


Sri Lanka unable to accede to extradition of Sri Lankan wanted for murder in Italy
by Franklin R. Sathyapalan

Sri Lanka cannot accede to an Italian Government request for extradition of a Sri Lankan who is alleged to have killed an Italian female cardiologist in March, this year in Milan under whom he was employed, said Additional Solicitor General C. R. de Silva. "This is because there is no proper extradition agreement between Sri Lanka and Italy at present.

What we have now is an age old extradition treaty made by the British with the Italian Government long before Sri Lanka gained independence.

We are exploring the possibility of bringing amendments section — 2 of penal code, he said.

The Sri Lankan Government has referred to the Attorney-General a request made by the Italian Government to extradite the Sri Lankan employee Nishantha Perera of Veyangoda who they allege, left Italy after causing the murder of the Cardiologist Dr. (Mrs.) Evika Lehrer. The Italian police has alleged Perera had murdered her under the influence of liquor

Additional Solicitor-General de Silva has had consultation over the past few weeks in this regard with the legal adviser to the Ministry of Foreign Affairs, Dr. A. Rohan Perera.


Lifting of press censorship on war reporting a distant possibility
By Zacki Jabbar

The lifting of the Censorship on war reporting in the near future is a distinct possibility, government sources said yesterday.

The most recent personal comment on the censorship being counter productive came from Foreign Minister Lakshman Kadirgamar on Saturday over state television.

Posts, Telecommunications and Media Minister has on numerous occasions told Cabinet press briefings that his personal view is that media censorship is irrelevant in this day and age when people have access to sattelite television.

Information Director Ariya Rubasinghe when contacted said "As far as I am concerned no decision to lift the censorship on war reporting has been taken".

A recent meeting of the UNP Working Committee unanaimously decided to call on the government to lift the censorship on war news as it only served to hide the facts from innocent Sri Lankans.

The enemy, they said, somehow obtains its information as was revealed during the recent Kilinochchi battle.

Meanwhile with speculation mounting regarding the resumption of peace talks between the government and the LTTE, Foreign Minister Lakshman Kadirgarmar on Saturday described next weeks visit of Mr.Derek Fatchet, Minister of State at the British Foreign Office at the Commonwealth Office as an " innocent visit" connected with the British Trade Fair in Colombo.

He dismissed as mere media speculation that Fatchet would be in Sri Lanka to revive the Liam Fox initiative for a bipartisan approach towards resolving the ethnic issue.

Justice,Constitutional Affairs, National Integration, and Ethnic Affairs Minister G.L.Peiris told a recent cabinet press briefing that the government does not believe in third party mediation but would not object to a facilitator.


Arjuna sues ‘The Island’ for Rs. 100m
by V. Varathasuntharam

Three civil defamation suits claiming damages in a sum of rupees one hundred million each have been filed in the Colombo District Court against three newspapers by Arjuna Ranatunga, Captain of Sri Lanka cricket team.


Arjuna Ranatunga

‘The Island’, ‘Divaina’ and ‘Weekend Express’ are the three newspapers cited as respondents in the suits.

The plaint stated that each of the newspapers has a large circulation in the country and read by a substantial section of the society.

The plaintiff Arjuna Ranatunga had represented Sri Lanka in Test Cricket matches and One-day International matches since 1982.

The plaintiff has led the Sri Lankan cricket team in the Test Cricket matches played in Australia, India, New Zealand, Kenya, Pakistan, Dubai, Singapore, South Africa and West Indies till March, 1998.

Sri Lankan Cricket team under his leadership won several Test matches and One Day International matches.

The stories that the newspapers published in reference to a news conference held on September 7, by the Chairman of the Sri Lanka Olympic Committee Hemasiri Fernando were defamatory of him. The responsibility for selecting players for the Sri Lankan team, that participated in the 16th Commonwealth Games held in Kuala Lumpur lay with the Board of Control for Cricket and the National Selection Committee.

The plaintiff and other senior cricket players were left out of the said team as these senior players needed rest before taking part in the forthcoming Mini World Cup in Bangladesh, the United and Carlton Triangular Tournament in Australia and the 1999 World Cup.

The said articles had brought him disrepute, the plaint concluded.

The plaint is settled by President’s Counsel L. C. Seneviratne with I. S. De Silva, H. de Alwis instructed by B. Chandana Perera.


Two LTTE ‘cops’ netted in Kotahena
By Bandula Dinapurna

A LTTE "police" chief entrusted with the task of recruiting personnel for the Tiger police and a LTTE "police" constable were arrested by a special police unit while they were staying in a lodge at Kotahena, Colombo 13.

Police investigations had revealed that the duo, who hailed from Kilinochchi had arrived in Colombo a few weeks back and that they had been residing in several lodges before coming to Kotahena.

The reason for their arrival in Colombo has so far not been revealed, police said.

Police suspect that they had come either to plan an attack or to handle LTTE fund collections in Colombo.

The two are being held under detention orders for further questioning.

Kotahena police are conducting further investigations.


Police seek Interpol aid
By Bandula Dinapurna

Sri Lanka police have sought Interpol assistance to arrest a young woman, the wife of a Pakistani national, who is a notorious international drug peddlar.

When police raided her house at Kotahena it was found that she had fled to Pakistan, according to police.

Police claimed that her Pakistani husband had dealings with India, Sri Lanka, Malaysia and countries in the Middle East.


Airman shoots himself
From Wimal Keerthi

An airman on duty within the security zone of the Bandaranaike International Airport is believed to have committed suicide yesterday by shooting himself with his personal weapon. He was found with gunshot injuries by the Katunayake police.

The airman identified as T. N. Peiris is reported to have shot himself around 1.45 a.m. yesterday while on duty at Averiwatte, an area within the security zone of the BTA, according to police.

The victim died on admission to hospital, police said.

Police investigations are in progress.


LTTE plans to establish base in South AfricaKadirgamar

Responding to a question during the ‘Janamandalee’ live programme over Rupavahini on Saturday, Foreign Affairs Minister Lakshman Kadirgamar said that Sri Lanka has information that the LTTE is trying to make a base in South Africa.

"The South African government I am convinced is taking serious note of our concerns. We have been frank with the South African Government. They are a friendly government. When the ANC was fighting its great struggle against apartheid Sri Lanka and all the other developing countries were very supportive of the ANC. Everybody will recall that Mrs. Bandaranaike, when she was chairperson of the Non Aligned Movement in 1976, played a very important role in promoting the cause of the ANC. President Mandela has often acknowledged, in my presence and in the presence of President Kumaratunga, how much Madam Bandaranaike did for the ANC’s struggle against apartheid. Against that background we are not confronting the South African Government on the LTTE issue. We are just saying to them there is a serious problem. We have information that the LTTE is trying to make a base in South Africa. Please do not allow that to happen, and remember that the LTTE is totally different from the ANC. President Mandela was one of the great exponents of non-violent political struggle. That was his great strength. But the LTTE is exactly the opposite. It is totally committed to violence and terror.

Excerpts of his interview:

Q: While it is a victory for our Government and your efforts that it is becoming uncomfortable for the LTTE in the UK, their moving into South Africa involves a risk of other third world subversive geurilla movements, if you like, coming into contact with the LTTE or going into liaison with them.

A: Such possibilities exist all the time. Global security forces have information that terrorist networks are in touch with each other. They are mutually supportive and reinforcing. You cannot discount that. The LTTE, if it really makes a base within South Africa, will try to do that within the South African Indian community. There is a large South African Indian community. They have been there for a long time, they are not new comers in South Africa. But I am sure the Indian community will be alert to this danger. It was the LTTE that assassinated Rajiv Gandhi on Indian soil. The LTTE is banned in India. Its leader has been convicted of the murder of Rajiv Gandhi."


Imam Al Asi due

An Islamic religious leader in the United States of America, Imam Muhummed Al Asi arrives in Sri Lanka this week on a religious tour.

The Imam, who has studied the Quranic science in Syria and Lebanon, will preach in the Fort Jumma Mosque, Colombo, on Friday and will be chief guest at the All-Island Islamic Quiz Contest at Sausiripaya, Colombo, next Sunday, according to a news release by Al-Islam Foundation.


Top Legion of Mary leaders hold conference

About a hundred Legion Council leaders from various parts of the country assembled at John Paul II Centre, Maeliya, Jaela to discuss the present situation of the Legion and the steps they should take to raise the standards of the Legion bodies so as to meet the challenges of the Sri Lankan society in the 3rd millennium.

Spending the weekend (24th and 25th October) for the purpose, the Legion leaders conferred on five main topics, namely good governance, Legion leadership, Legion spirituality, legionary lives and the role of the Legionary in the Parish. Inputs on understanding the themes both conceptually and pragmatically, were followed by lively workshops that translated them into very practical action-oriented programs for the future.

While all proceedings were conducted simultaneously in all three languages, the opening session on Good Governance and the Eucharistic celebrations on both days were held in common with all participants attending as one body. The Conference concluded with a pledge being made by all three streams, wherein the participant leaders admitted with repentant hearts that the standards of the Legion should be raised urgently if they are not to let down the power-packed original ideals of the Legion, and solemnly promising the Holy Spirit and Mary Queen of the Legion to take specific steps towards making the Legion apostolate relevant to the diverse social problems of our present society.


Troops kill five terrorists

Troops in two separate incidents killed at least five terrorists and wounded 28, on Saturday (31), Military sources said.

One soldier died in action and nine were wounded during the confrontations at Paranthan and Nilapanikamkulam in the Trincomalee district.


Nation progresses despite criticism — C. V.

Kurunegala: ‘Most of the critics are looking at the government work with a pessimistic point of view and those critics have no balanced way of viewing complex phenomena’, pointed out Industrial Development Minister C. V. Guneratne at Kahatagaha recently.

The Minister was attending a forum held under the guidence of parliamentarian Salinda Dissanaike, Deputy Minister of Agriculture and lands.

The forum was intended to offer an open opportunity to the partners and workers of the Kahatagaha mining project to evaluate the progress and to work out further appropriate means of promoting the work of the mine.

There was a comprehensive exchange of views among the participants which comprised politicians, trade unionists, government officials, PERC officials etc, to the effect of streamlining the Kahatagaha Mine.

Minister, Guneratne continuing pointed out that amidst the mounting criticism the PA government is proceeding and directing the country along a better route of economic development.’

The government has done much for the welfare of the workers in the mining industry. For example, the government has taken steps to pay relief allowances and provident funds to the workers in a much better way.

‘The government acquired the privatized businesses which had created a lot of trouble to their personnel and also the economy of the country.’

‘Which government in the world has taken that type of risk to protect the national economy.’

‘The government is finding out new markets for mining products and it would be possible to earn more money as a result.’

He also said that ‘our country is not in a vacuum. We have to adjust to the current world trends; for example, globalization is a world popular concept and we have to positively respond to that phenomenon.’

‘The government has to spend a large amount of national wealth on the ongoing war. Yet it has plans intended to develop the national economy.’

‘In the future, we will be able to commission a macro-level industrial zone at Sitawaka Pura.’

The Sitawaka Pura industrial zone will create 25,000 direct job opportunities and 25,000 indirect job opportunities among other things benefiting the economy.

The previous UNP government played tricks with the national resources while it privatised profitable ventures controlled by the public administrative bodies directed by the talent.

Deputy Minister of Agriculture and Lands Salinda Dissanaike lamented that some of the avenues as health, public transport and education have been on the decline.

Mr. W. C. Dheeresekere highlighted the progress made by the Kahatagaha mine during the recent past under the new administrative policy.


Supreme Court awards broker Rs. 40,000 as compensation
By V. Varathasuntharam

Supreme Court recently awarded fifty-nine year old Rifai Deen, a broker by profession Rs. 40,000 as compensation for violation of his fundamental rights.

The Bench comprised Chief Justice G. P. S. de Silva, Justice Wijetunga and Justice Shirani A. Bandaranayake.

S. I. Jayalath, Wellawatte Police station, A. A. M. Sharfeer Hadjiar, IGP and the Attorney General were cited as respondents.

The order stated that the medical report of the petitioner revealed a contusion on the right frontal region of skull, painful swollen right index finger and several bruises over the trunk and legs. Present status: Stiffness of the right index finger, occasional attack of frontal headache.

The order stated that the Court was not inclined to accept the submission of the first respondent that the petitioner sustained these injuries by reason of the fall from the 6 foot wall.

The order further stated that the medical report supports the version of the petitioner that he sustained the injuries owing to assault by the first respondent at the Wellawatte Police station.

Court directed the State to pay Rs. 20,000 and the first respondent to pay personally Rs. 20,000 to the petitioner as compensation, the order concluded.

Dr. T. Thirunavukarasu appeared for the petitioner. H. G. Hussain appeared for the first respondent.

State Councel P. D. Ratnayaka appeared for the 3rd and 4th respondents.


CEB awaits greenlight from Tigers to restore B’caloa power supply
By Franklin R. Satyapalan

The CEB authorities in the Batticaloa district await the greenlight from the LTTE in the east for the restoration of power to a city that has been in darkness for the past three weeks, CEB sources in Bat-ticaloa said on Saturday.

The Ministry of Defence (MoD) has okayed the provision of electricity to LTTE controlled areas of the Batticaloa district last week, the CEB sources said.

Batticaloa district had been in darkness since the Tigers toppled 32 high tension transmission tower, supplying electricity through Inginiyagala sub station and Haba-rana, CEB sources said.

Almost 50,000 people in the Batticaloa district had lost their means of livelihood as most factories and rice mills etc. closed down due to this power disruption.

Pipe borne water supplies and hospital services were badly affected and prices of essential goods including foods such as rice have shot up in prices, reports from Batticaloa said.

On Wednesday, Batticaloa District SLMC MP and Deputy Minister of Media, Posts and Telecom M. L. A. M. Hisbullah appealed to LTTE in the East to halt their attempts to sabotage power supplies and allow the CEB authorities to restore supplies on humanitarian grounds, SLMC sources said yesterday.

Hisbullah was able to persuade Deputy Minister of Defence and Minister of Power, General Anuruddha Ratwatte to direct the CEB to provide electricity to four Batticaloa district villages under the control of LTTE, the sources said.

Following these contacts, the MoD cleared restoration of power to Kokkadich-cholai, Arasadytivu, Vavunativu and Man-gikkattu held by the LTTE.

In the past as the MoD turned down all appeals for provision of electricity to LTTE held areas as the Tigers sabotaged the supply. Since the MoD had changed its stand on this matter it was believed that LTTE may allow CEB workmen to restore supply in uncleared areas.

Last week the Tigers stopped CEB repair crews from doing their work in Palugamam. In the circumstances, LTTE clearance is awaited before supplies are restored to the affected areas.


Ownership of land to be guaranteed by State through title registration
by Lishanthie Siriwardena

Udapalatha in the Kandy divisional secretariat has been selected to launch the system of title registration. The Title Registration legislation was passed in Parliament in April this year, the Survey Department told a press meeting with the Minister of Agriculture and Lands D. M. Jayaratna at the SLFI last week. Under this system every land in the country will be surveyed and the owners issued a certificate of registration. Therefore the size and ownership of the land will be guaranteed by the government under this set-up.

The title registration will operate in several stages. Surveying of land in the Udapalatha area has already started as title registration necessitate the formal identification of each land parcel by a ‘cadastral survey’ together with the recognition of the ownership of the land parcel by a process known as adjudication. Several public meetings to inform the public about the new system has been held in Udapalatha, the Department said.

Land registration in Sri Lanka is currently based on a system of "registration of deeds". In this system the deed which is registered does not prove who owns the land, as it is only records an isolated transaction. Therefore it is not a system for registering title to land as it is more a system for registering legal documents, the Department explained. This system does not confer absolute title to land or for that matter any title. Under this system there is no necessity to identify the land described in the deed on ground and the information on the deed may not agree with the facts on the ground. There is no necessity of a survey plan. Procedure involved in investigation of title or obtaining a title report is cumbersome and expensive, it said.

In title registration each land parcel will be formally identified by a ‘cadastral survey’. Ownership and other interests are accurately recognised by a process known as adjudication. According to the Department of Land Settlement this provide certainty not only as to the landownership but also about what other rights exist in the land.

A certificate of title with a survey plan, which is guaranteed by the state, will be issued free of charge for each land parcel.

Each land parcel is identified by a unique identification number. This will also be used for the establishment of a computerised land information system.

Under the new system of registration of title to lands the Survey Department has a major role to play in correct identification of land parcels. Under a system of title registration the basic unit for registration is the land parcel, not the deed. The registers will reflect the current legal position of the land. It is only necessary to consult the last entry on the title register to find the name of the owner, or any other relevant information.

Under this system the information of the title register is guaranteed by the state. This means that anyone can act upon the information in the register.

Title registration cannot operate effectively without a ‘cadastral survey’. Cadastre is a systematic description of the land units within the area. The description is made by maps that identify the location and boundaries of every unit, and by records. In the records information about each parcel is included. They are normally the identification numbers of the land parcel, name of the owner and the rights, which pertaining to the land area and land use etc.

Cadastre is a methodically arranged public inventory of data on the properties within a certain area based on a survey of their boundaries. Such properties are systematically identified by means of some separate designation.

The settlement of disputes concerning land and boundaries that give rise to expensive litigation will become a part of the process of adjudication. This, the department states will lead to greater productivity and reduce costs of litigation. Costs and delays in transferring property rights can be reduced by this system removing the need for repeated investigation of old titles. Stimulation of the land market and the sound title would lead to a substantial increase in productivity from the land, it said.


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