Vijaya Kumaratunga Memorial Hospital Board Act, No. 38 of 1999

An Act to establish the Vijaya Kumaratunga Memorial Hospital Board as a body corporate with perpetual succession for the management and administration of the Vijaya Kumaratunga Memorial Hospital at Seeduwa. Certified 11 November 1999. The Act creates a 7-member Board (majority nominated by the VK Memorial Foundation) with monthly meetings and a quorum of 4, a Committee of Management for day-to-day hospital administration, and a dedicated Fund for hospital finances. The hospital opened on 9 October 1999 with 60 beds and currently operates with 137 beds. The Act has no amendments in over 25 years.

Source

Full text available at documents.gov.lk (PDF), CommonLII (HTML), and LawNet (HTML). 21 sections + Schedule. No amendments enacted.

Act Structure

The Act has 21 sections and a Schedule, organised into 7 functional groups:

Group	Sections	Topic	Summary
Establishment	1-2	Short title & body corporate	Short title (S.1); Board established as body corporate with perpetual succession and common seal (S.2)
Constitution & Meetings	3-6	Composition, seal, meetings	Board composition: 7 members appointed by Minister (S.3); remuneration by Minister (S.4); monthly meetings, quorum 4 (S.5); common seal (S.6)
Land & Functions	7-8	Hospital premises, core functions	Land and premises vested in Board (S.7); functions — efficient and effective medical/surgical care (S.8)
Powers & Committee	9-11	Board powers, management, directions	Board powers: property, staff, Fund, contracts (S.9); Committee of Management for day-to-day administration (S.10); Minister may give directions (S.11)
Finance	12-13	Fund and audit	Fund of the Board established (S.12); audit under Article 154 of the Constitution (S.13)
Regulations & Offences	14-15	Minister's regulations, hospital offences	Minister may make regulations (S.14); offences within hospital premises, fine up to Rs. 1,000 (S.15)
Staff & Legal	16-21	Public officers, protections	Public officers may be appointed to Board (S.16); good faith protection (S.17); public servants under Penal Code (S.18); Bribery Act scheduled institution (S.19); Sinhala text prevails (S.20); Schedule (S.21)

Section Detail

Section	Topic	Summary
1	Short title	Citation as the Vijaya Kumaratunga Memorial Hospital Board Act, No. 38 of 1999
2	Establishment of Board	The VK Memorial Hospital Board is established as a body corporate with perpetual succession and a common seal; may sue and be sued
3	Constitution of Board	7 members appointed by Minister: Chairman (from Foundation nominees), Ministry representative, medical practitioner (elected by hospital doctors), eminent professional, 4 Foundation-nominated representatives
4	Remuneration	Remuneration of Board members as determined by the Minister
5	Meetings	Board shall meet at least once per month; quorum 4 members; Chairman presides; if absent, members elect one among themselves
6	Seal of the Board	Common seal of the Board — custody and authentication
7	Land and premises	Land and premises of the hospital vested in the Board
8	Functions of the Board	To maintain the hospital and provide efficient and effective medical and surgical services to the public
9	Powers of the Board	Receive grants/gifts; hold/acquire/dispose property; appoint staff; establish personnel schemes; open bank accounts (Minister's approval); borrow money (Minister's approval); enter contracts; do all necessary things
10	Committee of Management	Committee chaired by Director of Hospital; includes senior clinical and administrative staff plus Foundation representative; handles day-to-day administration; Board Chairman may attend
11	Directions of the Minister	Minister may give the Board general directions as to policy
12	Fund of the Board	Fund established for hospital finances; credited with grants, donations, endowments, and fees
13	Financial year and audit	Financial year as prescribed; accounts audited under Article 154 of the Constitution (Auditor-General)
14	Regulations	Minister may make regulations: Consultative Committees, admission restrictions, hospital conduct
15	Offences	Offences within hospital premises: damage, prohibited smoking, offensive conduct; fine up to Rs. 1,000
16	Public officers	Public officers may be appointed, transferred, or seconded to the Board with consent of the relevant authority
17	Protection	No suit or prosecution against members/officers for acts done in good faith
18	Penal Code	Officers and servants of the Board deemed public servants under the Penal Code
19	Bribery Act	Board deemed a Scheduled Institution within the meaning of the Bribery Act
20	Sinhala text	Sinhala text to prevail in case of inconsistency
21	Schedule	Schedule to the Act

Statutory Bodies

2 Legally Active0 Obsolete

Board Composition Detail

The Board consists of 7 members appointed by the Minister, with the VK Memorial Foundation nominating the majority (Chairman + 4 members). Quorum is 4 members.

Board members (7):

#	Role	Appointed/Nominated By	Note
1	Chairman	Selected from Foundation nominees	S.3 — Foundation has effective control of chairmanship
2	Ministry of Health representative	Secretary to the Ministry	S.3
3	Medical practitioner	Elected by hospital's medical practitioners	S.3
4	Eminent professional	Minister	S.3 — person of recognised eminence
5	Foundation representative (first)	VK Memorial Foundation	S.3
6	Foundation representative (second)	VK Memorial Foundation	S.3
7	Foundation representative (third)	VK Memorial Foundation	S.3

Foundation majority

The VK Memorial Foundation effectively controls 5 of 7 seats (Chairman + 4 representatives), giving it a built-in majority on the Board. This is a distinctive governance feature compared to other hospital board acts (e.g., SJGH Board Act where the Minister has broader appointment powers).

Current Board of Directors (as listed on hospital website):

Name	Role
Hon. Chandrika Bandaranaike Kumaratunga	Chairperson (Former President of Sri Lanka)
Dr. Asela Gunawardhana	Director, DG Health Services, Ministry of Health
Mr. N.A. Umagiliya	Director, MD (Retired), Dialtex Industries Ltd
Ms. N.D.P. Gayanika	Director, Deputy Director Treasury Operations
Mr. Ananda Wimalasena	Director, Founder MD, Asiri Group of Hospitals
Dr. Charith Fonseka	Director, Consultant Eye Surgeon
Dr. Chamara Kumarage	Director, Consultant Eye Surgeon

Term: 3 years for appointed members
Quorum: 4 members (S.5)
Meetings: At least once per month (S.5)
Presiding: Chairman presides; if absent, members elect one among themselves (S.5)
Remuneration: As determined by the Minister (S.4)

Committee of Management Composition

The Committee of Management is established under Section 10 for day-to-day administration. Chaired by the Director of the Hospital. Includes a Foundation representative.

#	Role	Note
1	Director of the Hospital	Chairman of the Committee (S.10)
2+	Senior medical staff	Senior clinical staff as specified (S.10)
—	Senior administrative staff	Administrative officers as specified (S.10)
—	Foundation representative	Nominated by the VK Memorial Foundation (S.10)

Quorum: Set by the Committee itself (S.10)
Procedure: Committee regulates its own procedure (S.10)
Function: Day-to-day administration and management of the Hospital
Board oversight: Chairman of the Board may attend meetings

Board Powers & Functions (Sections 8-9)

Power	Description	Section
Core function	Maintain hospital and provide efficient, effective medical and surgical services	S.8
Receive grants and gifts	Receive grants, subsidies, donations, gifts, and bequests from any source	S.9(a)
Property — acquire	Hold, purchase, take on lease, or otherwise acquire movable and immovable property	S.9(b)
Property — dispose	Sell, mortgage, lease, exchange, or otherwise dispose of property	S.9(c)
Staff management	Appoint, dismiss, and exercise disciplinary control over officers and servants	S.9(d)
Personnel schemes	Establish and administer schemes for remuneration and personnel management	S.9(e)
Bank accounts	Open and maintain bank accounts as approved by the Minister	S.9(f)
Borrowing	Borrow money with the approval of the Minister	S.9(g)
Contracts	Enter into contracts for the purposes of the Act	S.9(h)
General	Do all things necessary or expedient for proper management	S.9(i)

Minister's Powers

Power	Description	Section
General directions	Give the Board general directions as to policy	S.11
Make regulations	Regulations for Consultative Committees, admission restrictions, hospital conduct	S.14
Approve bank accounts	Board requires Minister's approval for bank accounts	S.9(f)
Approve borrowing	Board requires Minister's approval for borrowing	S.9(g)
Determine remuneration	Determines remuneration of Board members	S.4

Fund & Finance (Sections 12-13)

Aspect	Detail	Section
Establishment	Fund of the Board established for hospital purposes	S.12
Sources	Government grants, donations, endowments, fees, and all moneys received by the Board	S.12
Audit	Accounts audited under Article 154 of the Constitution (Auditor-General)	S.13
Audit reports	Available from Auditor General: 2023, 2022, 2019	—

Offences (Section 15)

Offence	Penalty	Section
Damaging hospital property	Fine up to Rs. 1,000	S.15
Smoking in prohibited areas	Fine up to Rs. 1,000	S.15
Offensive conduct within premises	Fine up to Rs. 1,000	S.15

Penalty levels

The maximum fine of Rs. 1,000 has not been updated since 1999 — over 25 years without adjustment for inflation. Compare with SJGH Board Act (Rs. 500 since 1983).

Legal Protections (Sections 17-19)

Protection	Description	Section
Good faith	No suit or prosecution against any member or officer for acts done in good faith	S.17
Penal Code	Officers and servants deemed public servants under the Penal Code	S.18
Bribery Act	Board deemed a Scheduled Institution within the meaning of the Bribery Act	S.19

Predecessor: VK Memorial Foundation Act, No. 31 of 1998

The hospital was originally initiated by the Vijaya Kumaratunga Memorial Foundation, established by Act No. 31 of 1998. The Foundation's Board of Management has an exceptionally high-ranking composition:

Position	Role
President of the Republic	Chairman (ex officio)
Leader of the Opposition in Parliament	Member (ex officio)
Chief Justice of the Supreme Court	Member (ex officio)
Auditor-General	Member (ex officio)
Mrs. Chandrika Bandaranaike Kumaratunga (during her lifetime)	Member (ex officio, lifetime)
Two appointed persons	Competence in foreign affairs, law, education, or arts

The Foundation's objectives include promoting peace, youth education, cultural activities, and international understanding. Management of the hospital was transferred from the Foundation to the Hospital Board under the 1999 Act, but the Foundation retains effective control through its power to nominate the Board's Chairman and 4 of 7 members.

Amendment Timeline

1988

1998

1999

2007

2016

2024

No amendments have been enacted since 1999 — the Act has remained unchanged for over 25 years. Exhaustive search of parliament.lk, documents.gov.lk, and srilankalaw.lk confirmed no amending legislation.

Entity Relationships & Governance

Governance Hierarchy (1952 Design)

Current Replacement Structure (Post-1989)

Data Confidence

Legislative Framework

high

Historical Details

high

Current Operational Status

medium

Hospital Development Timeline

Year	Milestone
1988	Vijaya Kumaratunga assassinated (16 February)
1998	VK Memorial Foundation incorporated (Act No. 31 of 1998)
1999	Hospital Board Act enacted (No. 38 of 1999, certified 11 November)
1999	Hospital opens (9 October) — 60 beds, 26 staff, Seeduwa
~2002	Cataract surgery programme initiated by Dr. Anton Costa
2007	Eye Ward and theatre complex added; capacity increased to 148 beds
2012	New two-story building: stores, duty rooms, lecture hall
2015	Three-story Laboratory Building constructed
2016	Surgical Unit established; Endoscopy Unit donated
2016	Cabinet approves Rs. 1,466M six-story expansion
2020-21	COVID-era renovations; digital X-ray and surgical microscope acquired
2024	25th anniversary; 137 beds; 75,283+ cataract operations (by 2014)

Cross-References

Sri Jayewardenepura General Hospital Board Act, No. 54 of 1983

The SJGH Board Act follows a similar governance pattern — a ministerially-appointed board managing a specific hospital as a body corporate. Key differences: SJGH has 11 members (vs. 7 for VK Memorial); SJGH Board is fully Minister-appointed (vs. Foundation-nominated majority for VK Memorial); SJGH has no Foundation involvement.

VK Memorial Foundation (Incorporation) Act, No. 31 of 1998

The Foundation is the predecessor entity. It nominates the Hospital Board's Chairman and 4 members, giving it effective control. The Foundation's own Board includes the President, Leader of the Opposition, Chief Justice, and Auditor-General — far more senior than the Hospital Board's composition.

Finance Act, No. 38 of 1971

The hospital board's financial and audit provisions operate under the framework of this Act. Annual reports cite Section 14(2)(C) for auditing requirements.

National Audit Act, No. 19 of 2018

Recent audits are conducted under this Act, which supersedes older auditing frameworks. Available audit reports: 2023, 2022, 2019.

Research Gaps

Board meeting records: Minutes and records not publicly accessible
Regulations under S.14: Whether regulations have been gazetted is unknown
Consultative Committees: Whether any have been established under S.14
Fund financial status: Current financial position not publicly documented beyond audit reports
Foundation-Board relationship: Formal coordination mechanisms between Foundation Board of Management and Hospital Board not documented
Committee of Management activity: Whether the Committee meets regularly and its exact composition
Penalty adequacy: Rs. 1,000 maximum fine (set in 1999) has not been adjusted for inflation
Staff appointments: How the Board exercises S.9(d) staff appointment power in practice
Comparison with SJGH: Detailed operational comparison between the two hospital board governance models

Act Structure​

Section Detail​

Statutory Bodies​

Board Composition Detail​

Committee of Management Composition​

Board Powers & Functions (Sections 8-9)​

Minister's Powers​

Fund & Finance (Sections 12-13)​

Offences (Section 15)​

Legal Protections (Sections 17-19)​

Predecessor: VK Memorial Foundation Act, No. 31 of 1998​

Amendment Timeline​

Entity Relationships & Governance​