Cancer Research Foundation of Sri Lanka (Incorporation) Act 2009

This Act may be cited as the Cancer Research

Foundation of Sri Lanka (Incorporation) Act, No.67

of 2009.

From and after the date of commencement of this

Act, such and so many persons as now are members of the

Cancer Research Foundation of Sri Lanka (hereinafter referred to as the “Foundation”) or shall hereafter be admitted as members of the corporation hereby constituted shall be a body corporate with perpetual succession, under the name and style of the Cancer Research Foundation of Sri Lanka

(hereinafter referred to as the “Corporation”) and by that name may sue and be sued and shall have full power and authority to have and to use a common seal and to alter the same at its discretion

The general objects for which the Corporation is constituted are hereby declared to be —

to accept ethically approved research proposals on oncology from clinicians practicing in Sri Lanka and to promote and fund such researches under the guidance and observations of the Board of

to grant financial support to persons or organizations involved in cancer research in Sri Lanka to carry out researches; and

to grant financial assistance to cancer patients who are in need of such assistance.

The affairs of the Corporation shall, subject to the provisions of this Act and the rules to be made under section 6, be administered by a Board of Management consisting of the Chairman and not less than four members of the

The first Board of Management of the Corporation shall be the Board of Management of the Foundation holding office on the day immediately preceding the date of commencement of this Act.

Subject to the provisions of this Act and any other written law, the Corporation shall have the power to—

utilize the funds belonging to the Corporation in order to achieve the objects of the Corporation, in a manner determined by the Board of Management;

open, maintain and close bank accounts in any bank or banks as may be determined by the Board of

employ and dismiss officers and servants required for the carrying out of the objects of the

do all other acts and things as are incidental or conducive to the attainment and furtherance of the objects of the Corporation.

It shall be lawful for the Corporation from time to time, at any General Meeting or at a Special General Meeting to make rules not inconsistent with the provisions of this

Any rule made by the Corporation may be amended, altered, added to or rescinded at a like meeting and in like manner, as laid down in subsection (1).

The members of the Corporation shall be subject to the rules of the Corporation.

Subject to the provisions of this Act, the Corporation shall be able and capable in law to acquire and hold any property both movable and immovable by way of purchase, grant, gift or testamentary disposition or otherwise, and all such property shall be held by the Corporation for the purposes of this Act and subject to the rules of the Corporation with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

The Corporation shall have its own Fund and all monies heretofore received or hereafter to be received by way of gift, bequest, donation, subscription, contribution or grants on behalf of the Corporation shall be deposited to the credit of the Fund of the Corporation in one or more banks as the Board of Management may determine.

There shall be paid out of the fund all sums of money required to defray any expenditure incurred by the

Any expenses incurred by the Corporation in any suit or prosecution brought by or against the Corporation before any court, shall be paid out of the Fund of the

Any expenses incurred by any member, officer or any servant of the Corporation in any suit or prosecution brought by or against such person before any court in respect of any act or omission which is done or purported to be done by such person in good faith for the purpose of carrying out the provisions of this Act shall, if the court holds that such Act or omission was done in good faith, be paid out of the Fund of the Corporation, unless such expenses are recovered by him in such suit or prosecution.

The Corporation shall cause proper accounts to be kept of all income and expenditure, assets and liabilities and all other transactions of the Corporation.

The Accounts of the Corporation shall be audited by a qualified auditor appointed by the Board of Management.

For the purposes of this section “qualified auditor ”

The seal of the Corporation shall not be affixed to any instrument except in the presence of the Chairman and two members of the Corporation as may be decided by the

Board of Management, who shall sign their names to the instrument in token of their presence, and such signing shall be independent of the signing of any person as a witness.

If upon the dissolution of the Corporation there remains any property after the satisfaction of all debts and liabilities, any property whatsoever shall not be distributed among members of the Corporation, but shall be given or transmitted to some other institution or institutions having objects similar to those of the Corporation, and which is or are by its rules prohibited from distributing any income or property among its or their members. Such institution or institutions may be determined by the Board of Management on or before the dissolution of the Corporation.

Nothing contained in this Act shall prejudice or affect the rights of the Republic or of any body politic or corporate.

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.