1990 Suwaseriya Foundation ACT

Arrangement of Sections

1. Short title and date of operation.

PART I

ESTABLISHMENT OF THE 1990 SUWASERIYA FOUNDATION

2. Establishment of the 1990 Suwaseriya Foundation.

3. Objects of the Foundation.

4. Powers, functions and duties of the Foundation.

5. Powers of the Foundation to hold property.

PART II

ADMINISTRATION AND MANAGEMENT OF AFFAIRS

6. Administration of the Foundation vested in Board.

7. Constitution of the Board.

8. Chairman of the Board.

9. Disqualifications from being a member of the Board.

10. Term of office of members.

11. Removal and resignation of members.

12. Quorum and meetings of the Board.

13. Acts or proceedings of the Board deemed not to be invalid by reason of any vacancy.

14. Remuneration of the members of the Board.

15. Seal of the Foundation.

16. Appointment of the Chief Executive Officer of the Foundation.

17. Staff of the Foundation.

18. Fund of the Foundation.

19. Financial year and audit of accounts.

20. Defence in criminal or civil proceedings.

21. Expenses incurred to be paid out of the Fund.

22. Foundation deemed to be scheduled institution within the meaning of the Bribery Act.

23. Members, officers and employees of the Foundation deemed to be public servants.

24. Directions of the Minister.

25. Rules.

26. Savings.

27. Interpretation.

28. Sinhala text to prevail in case of inconsistency.

18 of 2018.

AN ACT to provide for the establishment of the 1990 Suwaseriya Foundation; and to provide for matters connected therewith or incidental thereto.

Preamble.

WHEREAS the Government having identified pre-hospital care ambulance services as an essential service in enhancing the standard of living of people 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.

[Date of Commencement: On Notice]

1. Short title and date of operation.

This Act may be cited as the 1990 Suwaseriya Foundation Act, and shall come into 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. Establishment of the 1990 Suwaseriya Foundation.

(1) There shall be established a Foundation which shall be called the 1990 Suwaseriya Foundation (hereinafter referred to as the “Foundation”).

(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.

3. Objects of the Foundation.

The objects of the Foundation shall be to—

(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.

4. Powers, functions and duties of the Foundation.

The powers, functions and duties of the Foundation shall be to—

(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 organisations 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;

(e) enter into and execute, whether directly or through any officer or agent authorised 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. Powers of the Foundation to hold property.

The Foundation shall be capable in law to take and hold property movable or immovable which may become 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. Administration of the Foundation vested in Board.

(1) The administration and management of the affairs of the Foundation shall be vested in a Board Management (hereinafter referred to as the “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.

7. Constitution of the A.

The Board shall consist of—

(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”).

8. Chairman of the Board.

(1) The President shall appoint one of the appointed 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 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. Disqualifications from being a member of the Board.

A person shall be disqualified from being appointed or continuing as a member of the Board, if he—

(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. Term of office of members.

Every appointed member shall, unless he earlier 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. Removal and resignation of members.

(1) Every appointed member may at any time resign from his office by a letter to that effect, addressed to the President, and such resignation shall be effective from the date on which it is accepted by the President in writing.

(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.

12. Quorum and meetings of the Board.

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

13. Acts or proceedings of the Board deemed not to be invalid by reason of any vacancy.

The Board may act notwithstanding any vacancy among its members and any act or proceeding of the Board shall not be or deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the appointment of a member thereof.

14. Remuneration of the members of the Board.

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

15. Seal or the Foundation.

(1) The seal of the Foundation shall be in the custody of such person as the Board may decide from time to 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 document except with the sanction of the Board and in the presence 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 authorised 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.

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