AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A TRUST CALLED THE
NATIONAL EYE BANK TRUST OF SRI LANKA; TO PROVIDE CORNEAL
TISSUES, ARTIFICIAL DEVICES AND OTHER TISSUES REQUIRED FOR
OPHTHALMIC SURGERY AND FOR SCIENTIFIC AND TECHNICAL RESEARCH
AND EDUCATION; TO SHARE EXCESS CORNEAL TISSUES AND OTHER
TISSUES REQUIRED FOR OPHTHALMIC SURGERY WITH OTHER COUNTRIES
AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERTO .
Preamble
WHEREAS corneal blindness has been identified as one of
the major causes for blindness worldwide with highest
prevalence in Asia, and the Ministry of Health of Sri Lanka
has established a National Eye Bank of Sri Lanka
accommodated in the Colombo National Eye Hospital since
the Twenty Fourth day of February, Two Thousand and
Eleven with a view to alleviating corneal blindness;
AND WHEREAS now the Government of Sri Lanka is
desirous of incorporating the National Eye Bank of Sri Lanka
with a view to alleviating blindness and for the prevention
and control of avoidable blindness.
BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-
Short title
1. This Act may be cited as the National Eye Bank Trust
of Sri Lanka Act, No. 22 of 2023.
PART I
ESTABLISHMENT OF THE NATIONAL EYE BANK TRUST OF SRI LANKA
Establishment of the National Eye Bank Trust of Sri Lanka
2
(1) There shall be established a Trust to be called the
National Eye Bank Trust of Sri Lanka (hereinafter referred to as "the Trust").
(2) The Trust shall, by the name assigned to it by
subsection (1), be a body corporate and shall have perpetual succession and by that name may sue and be sued.
The objects of
the Trust
3. The objects of the Trust shall be to -
(a) alleviate blindness from Sri Lanka and prevent and control of avoidable blindness in Sri Lanka;
(b) function as the National Eye Tissue Bank of Sri Lanka;
(c) harvest, process and distribute corneas and other
tissues required for ophthalmic surgery, research
and education while adhering to medical and
quality standards and ethics as shall be prescribed
by regulations, relating to harvesting and
transplantation of corneal tissues and use of other
tissues required for ophthalmic surgery;
(d) enhance public awareness in respect of the benefits
and values of donation of corneal tissues and other
tissues required for ophthalmic surgery;
(e) train Tissue Coordinators to harvest corneal tissues
and other tissues required for ophthalmic surgery;
(f) provide free of charge, corneal tissues and other
tissues required for ophthalmic surgery to
Government Hospitals for transplantations; and
(g) provide corneal tissues and other tissues required
for ophthalmic surgery which are in excess to other
countries and recover from them the processing cost
as may be prescribed:Provided however, in providing corneal and
other tissues in terms of this paragraph, priority shall
be given, in all instances, to requests made by
Goverment hospitals and Sri Lankan citizens.
PART II
THE BOARD OF THE NATIONAL EYE BANK TRUST OF SRI LANKA
Establishment of
the National Eye
Bank Trust
Board of Sri
Lanka
4. The administration and management of the affairs of the Trust shall be vested in a Board of Trust (hereinafter referred to as "the Board") consisting of -
(a) the following ex-officio members, namely-
(i) the Secretary to the Ministry of the Minister
assigned the subject of Health who shall serve
as the Chairman (hereinafter referred to as "the
Chairman") of the Board;
(ii) the Director-General of Health Services;
(iii) the Director of Colombo National Eye Hospital
or his representative not below the rank of a Deputy Director;
(iv) a representative of the Treasury nominated by
the Secretary to the Ministry of the Minister assigned the subject of Finance;
(v) the Chief Judicial Medical Officer of Colombo;
(vi) the Chief Accountant of the Ministry of Health;
(b) the following members (hereinafter referred to as the "appointed members") appointed by the Minister:–
(i) a representative nominated by the Council of
the College of Ophthalmologists of Sri Lanka,
established under the Council of
Ophthalmologists of Sri Lanka (Incorporation)
Act, No.12 of 2000;
(ii) a medical practitioner nominated by the Sri
Lanka Medical Council established by the Medical Ordinance (Chapter 105), from among
the medical practitioners registered in the Sri
Lanka Medical Council possessing
qualifications and expertise in the field of
ophthalmology; and
(iii) a person who has proven experience and shown
capacity in the fields of law or management.
Term of office
of appointed
members
5.
(1) Every appointed member shall, unless he vacates
office earlier, hold office for a period of three years from the
date of his appointment:
Provided that, a member appointed by the Minister to
fill a vacancy in the office of an appointed member of the
Board shall unless he vacates office earlier, hold office for
the unexpired portion of the term of office of the member
whom he succeeds.
(2) Any appointed member of the Board who vacates
office shall, unless he has been removed from office under
section 6, be eligible for re-appointment for not more than
one further term of office, whether consecutive or otherwise.
Removal,
resignation etc.
of appointed
members
6.
(1) Any appointed member of the Board may at any
time, resign his office by letter in that behalf addressed to
the Minister and such resignation shall take effect from the
date on which the resignation is accepted in writing by the
Minister.
(2) The Minister may, for reasons assigned therefore
remove any appointed member from office. An appointed
member who has been removed from office shall not be
eligible for re-appointment as a member of the Board or to
serve the Board in any other capacity.
(3) In the event of the vacation of office by death,
resignation or removal of any appointed member, the
Minister shall, subject to paragraph (b) of section 4, appoint
another person to fill such vacancy.
(4) Where any appointed member of the Board is
temporarily unable to perform the duties of his office on
account of ill health or any other cause or if he is absent
from Sri Lanka for a period of not less than three months, the
Minister shall having regard to the provisions of paragraph
(b) of section 4 appoint any other person to act in place of
such member during his absence.
(5) Where any appointed member of the Board fails to
attend three consecutive meetings of the Board without
obtaining prior approval for such absence from the Chairman,
such member shall be deemed to have vacated his office at
the conclusion of the third meeting and the Minister shall
appoint another person to fill such vacancy in the manner
provided for in subsection (3).
Disqualification
for being a
member
7. Any person -
(a) if such person is not or ceases to be a citizen of Sri
Lanka;
(b) if such person is or becomes a member of Parliament
or a Provincial Council or any Local Authority;
(c) if such person has any financial or other interest
which may affect the discharge by him of his
functions as a member of the Board;
(d) if such person is under any law in force in Sri Lanka
or in any other country found or declared to be of
unsound mind;
(e) if such person is serving or has served a sentence of
imprisonment imposed by any court in Sri Lanka
or any other country,
he shall be disqualified from being appointed or continuing to be a member of the Board.
Meetings of the Board
8.
(1) If the Chairman is present at a meeting of the Board,
he shall preside at such meeting. In the absence of the
Chairman from any meeting, the Director-General of Health
Services shall preside such meeting.
(2) Subject to the other provisions of this Act, the Board
may regulate the procedure in regard to its meetings and the
transaction of business at such meetings.
(3) The quorum for a meeting of the Board shall be five
members.
(4) Where there is an equality of votes, the Chairman
shall in addition to his vote have a casting vote.
Vacancy among
members not to
invalidate acts
and proceedings
of the Board
9. No act or proceeding of the Board shall be invalid by
reason only of any vacancy among its members or any defect
in the appointment of any of its members.
Special and
general
directions to be
issued by the
Minister
10. The Minister may, from time to time, issue such...
