67of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
CANCER RESEARCH FOUNDATION OF
SRI LANKA (INCORPORATION)
ACT, No. 67 OF 2009
[Certified on 17th November, 2009]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of November 20, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 4.00 Postage : Rs. 5.00
Cancer Research Foundation of Sri Lanka 1
(Incorporation) Act, No. 67 of 2009
[Certified on 17th November, 2009]
L.D.—O. (INC.) 3/2005.
ANACT TO INCORPORATE THECANCER RESEARCH FOUNDATION OF
SRI LANKA
WHEREAS a Foundation called and known as the “Cancer Preamble.
Research Foundation of Sri Lanka” has heretofore been
established for the purpose of effectually carrying out and
transacting all objects and matters connected with the said
Foundation according to the rules agreed to by its members :
AND WHEREAS the Board of Management of the said
Foundation has heretofore successfully carried out and
transacted the several objects and matters for which the said
Foundation was established, and has applied to be
incorporated, and it will be for the public advantage to grant
such application:
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—
1. This Act may be cited as the Cancer Research Short title .
Foundation of Sri Lanka (Incorporation) Act, No.67
of 2009.
2. From and after the date of commencement of this Incorporation of
the Cancer
Act, such and so many persons as now are members of the
Research
Cancer Research Foundation of Sri Lanka (hereinafter referred Foundation of
to as the “Foundation”) or shall hereafter be admitted as Sri Lanka.
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
2 Cancer Research Foundation of Sri Lanka
(Incorporation) Act, No. 67 of 2009
General objects 3. The general objects for which the Corporation is
of the constituted are hereby declared to be —
Corporation.
(a) 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
Management;
(b) to grant financial support to persons or organizations
involved in cancer research in Sri Lanka to carry out
researches; and
(c) to grant financial assistance to cancer patients who
are in need of such assistance.
Management of 4. (1) The affairs of the Corporation shall, subject to the
the affairs of the provisions of this Act and the rules to be made under section 6,
Corporation.
be administered by a Board of Management consisting of
the Chairman and not less than four members of the
Corporation who shall have qualifications and experiance in
the field of medicine or science.
(2) 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.
General powers 5. Subject to the provisions of this Act and any other
of the
written law, the Corporation shall have the power to—
Corporation.
(a) 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;
(b) open, maintain and close bank accounts in any bank
or banks as may be determined by the Board of
Management;
Cancer Research Foundation of Sri Lanka 3
(Incorporation) Act, No. 67 of 2009
(c) employ and dismiss officers and servants required
for the carrying out of the objects of the
Corporation; and
(d) do all other acts and things as are incidental or
conducive to the attainment and furtherance of the
objects of the Corporation.
6. (1) It shall be lawful for the Corporation from time to Rules of the
time, at any General Meeting or at a Special General Meeting Corporation.
to make rules not inconsistent with the provisions of this
Act or any other written law for all or any of the following
matters :—
(a) the election of the office bearers, their term of office,
resignation from, or vacation of, or removal from
office and their powers and duties;
(b) the election and the terms of office of members of
the Board of Management other than the office
bearers, and the powers and duties of the Board of
Management;
(c) the administration and management of the property
of the Corporation, the custody of its funds and the
maintenance and audit of its accounts;
(d) the procedure to be followed at any meeting of the
Board of Management and the quorum therefor and
the conduct of business thereat; and
(e) the management of the affairs of the Corporation
and the accomplishment of its objects.
(2) 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).
4 Cancer Research Foundation of Sri Lanka
(Incorporation) Act, No. 67 of 2009
(3) The members of the Corporation shall be subject to
the rules of the Corporation.
Corporation may 7. Subject to the provisions of this Act, the Corporation
hold movable
shall be able and capable in law to acquire and hold any
and immovable
property. 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 Fund of the 8. (1) The Corporation shall have its own Fund and all
Corporation.
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.
(2) There shall be paid out of the fund all sums of money
required to defray any expenditure incurred by the
Corporation in the exercise, performance and discharge of its
powers, duties and functions under this Act.
Expenses to be 9. (1) Any expenses incurred by the Corporation in any
paid out of the
suit or prosecution brought by or against the Corporation
Fund.
before any court, shall be paid out of the Fund of the
Corporation and any costs paid or recovered by the
Corporation in any such suit or prosecution shall be credited
to the Fund of the Corporation.
(2) 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
Cancer Research Foundation of Sri Lanka 5
(Incorporation) Act, No. 67 of 2009
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.
10. (1) The Corporation shall cause proper accounts to Audit of
be kept of all income and expenditure, assets and liabilities accounts.
and all other transactions of the Corporation.
(2) The Accounts of the Corporation shall be audited by
a qualified auditor appointed by the Board of Management.
(3) For the purposes of this section “qualified auditor ”
means —
(a) an individual who being a member of the Institute
of Chartered Accountants of Sri Lanka or of any
other Institute established by law, possesses a
certificate to practice as an Accountant issued by
the Council of such Institute; or
(b) a firm of Accountants each of the resident partners
of which, being a member of the Institute of
Chartered Accountants of Sri Lanka or of any other
Institute established by law, possesses a certificate
to practice as an Accountant issued by the Council
of such Institute.
11. The seal of the Corporation shall not be affixed to Seal of the
any instrument except in the presence of the Chairman and Corporation.
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.
12. If upon the dissolution of the Corporation there Property
remains any property after the satisfaction of all debts and remaining on
dissolution.
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
6 Cancer Research Foundation of Sri Lanka
(Incorporation) Act, No. 67 of 2009
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.
Saving of the 13. Nothing contained in this Act shall prejudice or
righs of the affect the rights of the Republic or of any body politic or
Republic and
corporate.
others.
Sinhala text to 14. In the event of any inconsistency between the
prevail in case of Sinhala and Tamil texts of this Act, the Sinhala text shall
inconsistency.
prevail.
Cancer Research Foundation of Sri Lanka 7
(Incorporation) Act, No. 67 of 2009
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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