26. Savings

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

Notwithstanding anything to the contrary in any 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 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

(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

(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.

Read on from s 27