PARLIAMENT OF THE DEMOCRATIC

SOCIALIST REPUBLIC OF
SRI LANKA

1990 SUWASERIYA FOUNDATION

ACT, No. 18 OF 2018

[Certified on 04th of July, 2018]

Printed on the Order of Government

Published as a Supplement to Part II of the Gazette of the Democratic

Socialist Republic of Sri Lanka of July 06, 2018

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 1990 Suwaseriya Foundation 1
Act, No. 18 of 2018

[Certified on 04th of July, 2018]

L.D.—O. 54/2017

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE 1990 SUWASERIYA

FOUNDATION; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH
OR INCIDENTAL THERETO.

WHEREAS the Government having identified pre-hospital Preamble.

care ambulance services as an essential service in enhancing
the standard of living of pepole in Sri Lanka by delivering
comprehensive, speedy, reliable and quality pre-hospital care
services, established with a grant from the Government of
India a pre-hospital care ambulance service free of charge
initially in the western and southern provinces:

AND WHEREAS it has now become necessary to expand the

pre-hospital care ambulance service to cover the whole island
and to ensure the smooth operation of such service in a
sustainable manner:

AND WHEREAS it has become necessary to establish a

Foundation for effectively carrying out pre-hospital care
ambulance services free of charge to any person and to specify
the powers, functions and duties of such Foundation:

NOW THEREFORE be it enacted by the Parliament of the

Democratic Socialist Republic of Sri Lanka as follows :—

1. This Act may be cited as the 1990 Suwaseriya Short title and
Foundation Act, No. 18 of 2018, and shall come into operation date of
operation.
on such date as the President may appoint by Order published
in the Gazette (hereinafter referred to as the “appointed date”).

PART I

ESTABLISHMENT OF THE 1990 SUWASERIYA FOUNDATION

2. (1) There shall be established a Foundation which Establishment of

the 1990
shall be called the 1990 Suwaseriya Foundation (hereinafter Suwaseriya
referred to as the “Foundation”). Foundation.
 2 1990 Suwaseriya Foundation
Act, No. 18 of 2018

(2) The Foundation shall by the name assigned to it, by

subsection (1) be a body corporate, with perpetual succession
and a common seal and may sue and be sued in such name.

Objects of the 3. The objects of the Foundation shall be to—

Foundation.

(a) provide pre-hospital care ambulance services and

emergency response services free of charge to any
person; and

(b) provide immediate and effective pre-hospital care free

of charge in a safe and clinical working environment
until a person reaches the nearest healthcare provider.

Powers, 4. The powers, functions and duties of the Foundation

functions and
shall be to—
duties of the
Foundation.
(a) provide ambulance services, emergency response
services and life-saving pre-hospital care in a safe
and clinical working environment to any person free
of any charge;

(b) provide such other services as may be determined

by the Foundation to any person including training,
equipment supply and managing other ambulance
services provided by non-profit organizations free of
charge upon a management fee as may be determined
by the Foundation in consultation with the Minister;

(c) hold, take, give on lease, hire, sell, mortgage, grant,

assign, exchange or otherwise dispose of the movable
or immovable property belonging to the Foundation;

(d) receive grants, gifts or donation in cash or kind;

 1990 Suwaseriya Foundation 3
Act, No. 18 of 2018

(e) enter into and execute, whether directly or through

any officer or agent authorized in that behalf by the
Board, all such contracts or agreements as may be
necessary, for the discharge of the functions of the
Foundation;

(f) open and maintain any account with any bank as it

may think appropriate, and such account shall be
operated in accordance with prevailing applicable
written laws;

(g) manage, control, administer and operate the Fund of

the Foundation; and

(h) do all such other acts which may be incidental or

conducive to, the attainment of the objects of this
Act or the exercise or discharge of powers and duties
assigned to the Foundation under this Act.

5. The Foundation shall be capable in law to take and Powers of the

hold property movable or immovable which may become Foundation to
hold property.
vested in it by virtue of any purchase, grant, gift, testamentary
disposition, bequest, or otherwise and all such property shall
be held by the Foundation for the purposes of this Act.

PART II

ADMINISTRATION AND MANAGEMENT OF AFFAIRS

6. (1) The administration and management of the affairs Administration

of the
of the Foundation shall be vested in a Board of Management Foundation
(hereinafter reffered to as the “Board”). vested in Board.

(2) The Board shall, for the purpose of administering the

affairs of the Foundation, exercise, discharge and perform
the powers, functions and duties conferred or assigned to or
imposed on the Foundation by this Act.
 4 1990 Suwaseriya Foundation
Act, No. 18 of 2018

Constitution of 7. The Board shall consist of—

the Board.
(a) the following ex-officio members, namely—

(i) the Secretary to the Ministry of the

Minister assigned the subject of Finance
or his representative;

(ii) the Secretary to the Ministry of the

Minister assigned the subject of Health
or his representative;

(iii) the Inspector General of Police or his

representative; and

(b) four other members appointed by the President

who shall possess academic or professional
qualifications and have experience in the fields
of medical science, pharmaceuticals medical
technology, finance, management,
administration, or law (hereinafter referred to
as the “appointed members”).

Chairman of the 8. (1) The President shall appoint one of the appointed
Board. members to act as Chairman of the Board.

(2) The Chairman may resign from his office by letter

addressed to the President and such resignation shall be
effective from the date on which it is accepted by the
President.

(3) The President may for reasons assigned remove the

Chairman from the office of Chairman.

(4) Subject to the provisions of subsections (2) and (3),

the term of office of the Chairman shall be the period of his
membership of the Board.

(5) Where the Chairman is temporarily unable to perform

the duties of his office due to ill health, other infirmity, absence
 1990 Suwaseriya Foundation 5
Act, No. 18 of 2018

from Sri Lanka or any other cause, the President may appoint
any other appointed member to act as Chairman in addition
to his normal duties as an appointed member.

9. A person shall be disqualified from being appointed Disqualifications

or continuing as a member of the Board, if he— from being a
member of the
Board.
(a) is or becomes a member of Parliament or of any
Provincial Council or of any local authority;

(b) is not or ceases to be a citizen of Sri Lanka;

(c) is under any law in force in Sri Lanka or any other

country found or declared to be of unsound mind;

(d) is a person who having been declared insolvent or

bankrupt under any law in force in Sri Lanka and is
an undischarged insolvent or bankrupt;

(e) is serving or has served a sentence of imprisonment

imposed by any court in Sri Lanka or in any other
country;

(f) holds or enjoys any right or benefit under any

contract made by or on behalf of the Foundation; or

(g) has any financial or other interest as is likely to

affect prejudicially the discharge by him of his
functions as a member of the Board.

10. Every appointed member shall, unless he earlier Term of office of

members.
vacates office by resignation, death or removal, hold office
for a period of three years from the date of his appointment
and such member other than a member who is removed shall
be eligible for re-appointment.

11. (1) Every appointed member may at any time resign Removal and
from his office by a letter to that effect, addressed to the resignation of
members.
President, and such resignation shall be effective from the
date on which it is accepted by the President in writing.
 6 1990 Suwaseriya Foundation
Act, No. 18 of 2018

(2) Where any appointed member by reason of illness,

infirmity or absence from Sri Lanka is temporarily unable to
discharge the functions of his office, the President may, having
regard to the provisions of paragraph (b) of section 7, appoint
some other person to act in his place.

(3) The President may for the reasons assigned, remove

an appointed member from office.

(4) Where an appointed member dies, resigns or is

removed from office, the President may having regard to the
provisions of paragraph (b) of section 7, appoint another
person in his place and the person so appointed shall hold
office for the unexpired period of the term of office of the
member whom he succeeds.

Quorum and 12. (1) The meetings of the Board shall be held at least
meetings of the once in every month and the quorum for a meeting of the
Board.
Board shall be four members.

(2) The Chairman shall preside at every meeting of the

Board. In the absence of the Chairman from any meeting of
the Board a member elected by the members present shall
preside at such meeting.

(3) All questions for decision at any meeting of the

Board shall be decided by the vote of the majority of
members present at such meeting. In the case of an equality of
votes the Chairman shall, in addition to his vote have a casting
vote.

(4) Subject to the preceding provisions of this section, the

Board may regulate the procedure in relation to the meetings
of the Board and the transaction of business at such meetings.

Acts or 13. The Board may act notwithstanding any vacancy

proceedings of among its members and any act or proceeding of the Board
the Board
deemed not to shall not be or deemed to be invalid by reason only of the
be invalid by existence of any vacancy among its members or any defect in
reason of any
vacancy. the appointment of a member thereof.
 1990 Suwaseriya Foundation 7
Act, No. 18 of 2018

14. The members of the Board shall be paid Remuneration of

remuneration in such manner and at such rates as may be the members of
the Board.
determined by the President, with the concurrence of the
Minister assigned the subject of Finance.

15. (1) The seal of the Foundation shall be in the Seal of the
custody of such person as the Board may decide from time to Foundation.
time.

(2) The seal of the Foundation may be altered in such

manner as may be determined by the Board.

(3) The seal of the Foundation shall not be affixed to any

instrument or doucment except with the sanction of the Board
and in the peresence of the Chairman and one other member
of the Board who shall sign the instrument or document in
token of their presence:

Provided however, where the Chairman is unable to be

present at the time when seal of the Foundation is affixed
to any instrument or document, any other member of the
Board authorized in writing by the Chairman on that
behalf shall be competent to sign such instrument or
document in accordance with the preceding provision of
this subsection.

(4) The Foundation shall maintain a register of the

instruments and documents to which the seal of the
Foundation has been affixed.

PART III

CHIEF EXECUTIVE OFFICER AND THE STAFF OF THE FOUNDATION

16. (1) The Board shall, in consultation with the Minister Appointment of
and having regard to the qualification and scheme of the Chief
Executive
recruitment specified under subsection (2) appoint to the Officer of the
staff of the Foundation a Chief Executive Officer (in this Act Foundation.
referred to as the “CEO”).
8 1990 Suwaseriya Foundation
Act, No. 18 of 2018

(2) The Board shall, with the concurrence of the Minister

specify qualification and the scheme of recruitment for the
post of CEO.

(3) The CEO shall subject to the general directions and

supervision of the Board:–

(a) be charged with the administration of the affairs of

the Foundation including the administration and
control of the staff;

(b) be responsible for the execution of all decisions of

the Board; and

(c) carry out all such functions as may be assigned to

him by the Board.

(4) The CEO shall be entitled to be present and speak at

any meeting of the Board, but shall not be entitled to vote at
such meeting.

(5) The CEO may delegate in writing to any officer of the

Foundation, any of his powers or functions and the officer to
whom any such power or function is delegated shall exercise
or perform them subject to the directions of the CEO.

(6) The Board may remove the CEO from office:—

(a) if he becomes permanently incapable of performing

his duties;

(b) if he had done any act which, in the opinion of the

Board, is of a fraudulent or illegal character or is
prejudicial to the interests of the Foundation; or

(c) has failed to comply with any directions issued by

the Foundation.
 1990 Suwaseriya Foundation 9
Act, No. 18 of 2018

(7) The CEO shall be paid such remuneration as may be

determined by the Board.

17. (1) Subject to the provisions of this Act, the Staff of the
Foundation.
Foundation may employ or appoint such employees as may
be necessary for the efficient exercise, discharge and perform
of its powers, functions and duties.

(2) The Board shall have the power subject to the

provisions of the Act to—

(a) exercise disciplinary control over and dismiss the

officers and employees of the Foundation;

(b) determine the terms and conditions of service of

the officers and employees of the Foundation; and

(c) fix the rates at which such officers and employees

shall be remunerated with the concurrence of the
Minister.

(3) All employees of the Foundation shall, within one

month of employment, declare in writing to the Foundation
of their personal direct or indirect interest to the affairs and
transactions of the Foundation including those of their close
relations or, concerns in which such employee has a
substantial interest.

PART IV

FINANCE

18. (1) The Foundation shall have its own Fund Fund of the
Foundation.
(hereinafter referred to as “the Fund”).
10 1990 Suwaseriya Foundation
Act, No. 18 of 2018

(2) All monyes lying to the credit of GVK EMRI

Lanka (Private) Limited (in this Act referred to as the “GEL”),
on the day immediately preceding the appointed date shall
be transferred to the Fund with effect from the appointed
date.

(3) There shall be credited to the Fund:—

(a) all sums of money as may be voted from time

to time by Parliament, for the use of the
Foundation;

(b) all such sums as received by the Foundation

in the exercise and discharge of its powers,
functions and duties under this Act;

(c) all such sums of money as may be received by

the Foundation by way of income, fees,
charges, grants, gifts or donations from any
source whatsoever whether within or outside
Sri Lanka.

(4) There shall be paid out of the Fund:—

(a) all such sums of money as are required to

defray any expenditure incurred by the
Foundation in the exercise, performance and
discharge of its powers, functions and duties
under this Act; and

(b) all such sums of money as are required to be

paid out of the Fund, by or under, this Act.

(5) The Board shall make rules regarding payment of

moneys out of the Fund.
 1990 Suwaseriya Foundation 11
Act, No. 18 of 2018

19. (1) The financial year of the Foundation shall be the Financial year
calendar year. and audit of
accounts.

(2) The Board shall cause proper books of accounts to be

kept of the income and expenditure, assets and liabilities
and all other transactions of the Foundation.

(3) The provisions of Article 154 of the Consititution

relating to the audit of the accounts of public corporations
shall apply to the audit of accounts of the Foundation.

(4) The Board shall submit the audited statement of

accounts together with the auditor’s report to the Minister
within one hundred and fifty days of the end of the financial
year to which such report relates. The Minister shall place
such statement and the report before Parliament within two
months of the receipt thereof.

20. It shall be a defence in any criminal or civil Defence in

proceeding for anything done or omitted to be done by— criminal or civil
proceedings.

(a) a member of the Board;

(b) any employee or manager of the Foundation;

if he proves that he exercised due diligence and reasonable

care and acted in good faith in the course of or in connection
with the discharge or purported discharge of his obligation
under this Act or any regulation, rule, order or directive issued
or made thereunder.

21. Any expense incurred by a member of the Board or Expenses

any other officer or employee or agent of the Foundation in incurred to be
paid out of the
any suit or prosecution brought against the Foundation or Fund.
such person before any Court, in respect of any act which is
done by the Foundation or such person under this Act or on
the direction of the Foundation, shall, if the Court holds that
 12 1990 Suwaseriya Foundation
Act, No. 18 of 2018

such act was done in good faith, be paid out of the Fund, and
any cost paid or recovered by the Foundation or any such
person referred to in this section, shall be credited to the Fund.

PART V
GENERAL

Foundation 22. The Foundation shall be deemed to be a Scheduled

deemed to be
scheduled Institution within the meaning of the Bribery Act
institution within (Chapter 26) and the provision of the Act shall be construed
the meaning of accordingly.
the Bribery Act.

Members, 23. All members of the Board, the CEO, and all officers
Officers and
employees of the and employees of the Foundation shall be deemed to be
Foundation public servants within the meaning and for the purposes of
deemed to be the Penal Code (Chapter 19).
public servants.

Directions of the 24. The Minister may from time to time issue to the
Minister.
Board general or special directions as to the exercise,
performance and discharge of the powers, duties and
functions of the Board.

Rules. 25. (1) Subject to the provisions to of this Act, the

Foundation may make rules in respect of all or any of the
following matters:—

(a) in respect of all matters for which rules are

authorized or required to be made under this Act;

(b) the meetings of the Board and the procedure to be

followed at such meeting;

(c) in respect of the appoinment, promotion,

remuneration and disciplinary control of an
employee and the grant of leave and other
emoluments to employees;
 1990 Suwaseriya Foundation 13
Act, No. 18 of 2018

(d) in respect of the manner in which services,

emergency response services and pre-hospital care
shall be provided under this Act; and

(e) any other matter connected with the affairs of the

Foundation.

(2) Every rule made by the Foundation shall be approved

by the Minister and be published in the Gazette and shall
come into operation on the date of its publication or on such
later date as may be specified therein.

26. Notwithstanding anything to the contrary in any Savings.

other written law:–

(a) all movable and immovable property of the GEL

including the ambulances and medical equipment
purchased under the grant from India maintained
by the Ministry of Health for the purpose of GEL
on the day immediately preceding the appointed
date shall on and after the appointed date be deemed
to be movable and immovable property of the
Foundation;

(b) the employees, servants and agents of the GEL

holding office on the day immediately preceding
the appointed date shall on and after the appointed
date be deemed to be the employees, servants and
agents of the Foundation and such employees,
servants and agents shall continue to hold office in
the Foundation on the same terms and conditions
enjoyed by them under the GEL immediately
preceding the appointed date;

(c) all contracts, deeds, bonds, agreements, guarantees,

powers of attorney, grants of legal representation
and other instruments of whatever nature of the GEL
14 1990 Suwaseriya Foundation
Act, No. 18 of 2018

subsisting and having effect on the day immediately

preceding the appointed date and to which the GEL
is a party or which are in favour of the GEL on and
after the appointed date be deemed to be contracts,
deeds, bonds, agreements, guarantees, powers of
attorney, grants of legal representation and other
instruments entered into by or granted in favour of
the Foundation;

(d) unless specifically revoked or substituted in the

manner provided for in any other law, all
approvals or licences granted to the GEL by any
regulatory body or authority, Provincial Council,
or local authority subsisting or having effect on
the day immediately preceding the appointed
date shall on and after the appointed date be
deemed to be approvals or licences granted to
the Foundation;

(e) any account maintained between the GEL and any

other person in or outside Sri Lanka including the
Government of Sri Lanka, its departments and
statutory bodies on the day immediately preceding
the appointed date, whether it be an asset or liability
of the GEL shall on and after the appointed date be
deemed to be an account between the Foundation
and such other person with the same rights and
subject to the same obligations and incidents
including rights of setoff as would have been
applicable thereto if the account between the GEL
and such other person had continued and so that
any instruction, order, direction, mandate or
authority given by such other person in relation to
such account and subsisting on the day immediately
preceding the appointed date shall, unless and until
revoked or cancelled, apply to and have effect in
relation to, the account between the Foundation
and such other person;
 1990 Suwaseriya Foundation 15
Act, No. 18 of 2018

(f) all applications, actions, proceedings or appeals of

whatever nature instituted under the provisions of
any law by or against the GEL and pending on the
day immediately preceding the appointed date shall
on and after the appointed date be deemed to be
applications, actions, proceedings or appeals
instituted by or against the Foundation and may be
continued accordingly;

(g) any pension fund, gratuity fund or unfunded

liability in respect of a pension, gratuity or other
liability relating to post employment benefit to any
employee of the GEL and existing on the day
immediately preceding the appointed date shall on
and after the appointed date with the concurrence
of the Minister assigned the subject of Finance be
deemed, to be a pension fund, gratuity fund or such
liability as the case may be, of the Foundation in
respect of such employee;

(h) where the GEL on the day immediately preceding

the appointed date was a contributor to any
provident fund approved by the Commissioner of
Labour for the benefit of its employees, then the
Foundation shall on and after the appointed date
be deemed, to be the contributor to such provident
fund in respect of such employees;

(i) all tax credits, refunds, losses, concessions, reliefs,

benefits and liabilities of the GEL subsisting on
the day immediately precending the appointed date
shall on and after the appointed date be deemed to
be tax credits, refunds, losses, concessions, reliefs,
benefits and liabilities of the Foundation;

(j) all judgments, decrees or orders entered in favour

of, or against the GEL by any Court in any action or
proceeding shall on and after the appointed date be
deemed to be judgment, decrees or orders entered
in favour of, or against the Foundation; and
 16 1990 Suwaseriya Foundation
Act, No. 18 of 2018

(k) all rights to intellectual property including

trademarks, patents and software subsisting in
favour of the GEL on the day immediately preceding
the appointed date shall on and after the appointed
date be deemed to be such rights in favour of the
Foundation.

Interpretation. 27. In this Act, unless the context otherwise

requires—

“close relation” means spouse or dependent child;

“GVK EMRI Lanka (Private) Limited” means the

company incorporated under the provisions of the
Companies Act, No. 7 of 2007 bearing company
incorporation No. PV 111132;

“healthcare provider” includes any institution or

establishment used or intended to be used for the
reception of, and the providing of medical and
nursing care and treatment for persons suffering from
any sickness, injury or infirmity, a Hospital, Nursing
Home, Maternity Home, Medical Laboratory, Blood
Bank, Dental Surgery, Dispensary and Surgery,
Consultation Room, and any establishment
providing health screening or health promotion
service, but does not include a house of observation,
Mental hospital, any private dispensary or Pharmacy
or drug stores exclusively used or intended to be
used for dispensing and selling any drug, medical
preparation or pharmaceutical product, or any
Institution or premises registered for any purpose
under the provisions of Ayurveda Act, No. 31 of 1961
and the Homeopathy Act, No. 7 of 1970;
 1990 Suwaseriya Foundation 17
Act, No. 18 of 2018

“Minister” means the Minister assigned the subject of

the Suwaseriya Foundation;

“pre-hospital care” includes first aid, emergency care or

treatment given to a person suffering from any
sickness, injury or infirmity until he reaches a health
care provider;

“President” means the President of the Democratic

Socialist Republic of Sri Lanka;

“substantial interest” means—

(a) in relation to a company, the holding of a

beneficial interest by another company or an
individual or his relative, whether singly or taken
together, in the shares thereof, the paid up value
of which exceeds ten per centum of the paid up
capital of the company or the existence of a
guarantee or indemnity for a sum not less than
ten per centum of the paid up capital given by
an individual or his relative or by another
company on behalf of such company;

(b) in relation to a firm, the beneficial interest held

therein by an individual or his relative, whether
singly or taken together, which represents more
than ten per centum of the total capital
subscribed by all partners of the firm or the
existence of a guarantee or indemnity for a sum
not less than ten per centum of such capital given
by an individual or the spouse, parent or child
of the individual on behalf of such firm.

28. In the event of any inconsistency between the Sinhala text to

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail.
 18 1990 Suwaseriya Foundation
Act, No. 18 of 2018

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