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This Declaration Of Trust is made and entered into at Colombo in the Democratic Socialist Republic of Sri Lanka on this Thirty-first day of December Two Thousand and Three

By
And
Between

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SANDRASEGARAM SHANMUGANATHAN holder of National Identity Card No. 533092373V of No. 74/1, Ward Place, Colombo 7 in the said Republic
And

CHELLIAH PADMANATHAN holder of National Identity Card No. 330731494V of No. E-219/8-3, NHDA Flats, Mohideen Masjid Road, Colombo 10 in the said Republic

(both of whom are hereinafter sometimes called and referred to as “the parties hereto” or “the Settlors”)

Whereas Point Pedro, Colombo, UK, Canada and USA, New South Wales (Australia) and Victoria (Australia) branches of the Hartley College Past Pupils’ Association (“HCPPA”) having recognized the following aspects and decided to form a Trust –

(a) The need to establish a coordinating body to initiate, plan, implement, monitor and report on projects funded by them, for the development and advancement of their alma mater – Hartley College, Point Pedro.

(b) The need to manage in a professional and timely manner, all moveable and immovable property entrusted or rested in the trust and to ensure accountability.

(c) The need to optimize the use of all available collective financial and other resources, of all the branches, for the advancement of Hartley College.

(d) The long duration of project life.

And Whereas the Settlors have been requested by the said six Branches of the Hartley College Past Pupils’ Association (“the HCPPA”) at a meeting of the delegates of the said six branches held at Colombo on 28th July 2002to be the Settlors to create a Trust under the name HARTLEY COLLEGE P.P.A. TRUST with the charitable object of rendering educational service to the students of the Hartley College, Point Pedro and generally for development of the said College.


And Whereas at the request of and for on behalf of the said six Branches of the HCPPA it has become necessary for the Settlors to constitute this Trust and to have the Trustees of the Trust incorporated under the Trusts Ordinance and for which purpose this deed of Trust is being executed by the Settlors in accordance with the aforesaid request


Now This Deed Witnesseth And It Is Hereby Declared as follows :-

Name of Trust 1. The Trust shall be known as "HARTLEY COLLEGE P.P.A. TRUST" (hereinafter sometimes referred to as "the Trust")
Names of the Trustees and their incorporation 2. The Trustees shall be Trustees who are ex-officio or elected as the Trustees in terms of the provisions of the Clause 8 below and shall constitute themselves into a Board of Trustees and be incorporated in the name “HARTLEY COLLEGE P.P.A. TRUST
Declaration of Trust 3. The parties hereto and the other Trustees as the aforesaid Trustees and each of them do hereby constitute themselves into a Trust under the name and style of “HARTLEY COLLEGE P.P.A. TRUST " and do hereby declare that they shall hold the properties and investments of the Trust (hereinafter sometimes called "the Trust Property") for the objects of the Trust
Definitions (a) The following terms shall for the purposes of this instrument have the respective meanings as given below where the context so requires or admits of construction :-
  (i) "the Trustees" shall mean the Trustees named in this Deed and any other Trustees appointed in the future as provided in this Deed
  (ii) “the Principal” means the Principal of the College or any person acting for him on the relevant date
  (vi) “Branch or Branch of HCPPA” means any one of the six Branches referred to above or any other branch of HaCollege Past Pupils’ Association situate din Sri Lanka or overseas but recognized by the Majority of the delegates of the Branches (the said six Branches and any other Branches who had then been recognised).
  (vii) “HCPPA” means Hartley College Past Pupils’ Association
  (viii) “Office Bearers” means the Chairman and Secretary of the Board.
  (b) words importing the singular shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa
  5. The objects of the Trust shall be -
  (a) To develop improve repair renovate and refurbish the buildings fittings furnitures and infrastructure facilities of the college.
  (b) To otherwise arrange for facilities and conveniences to furtherance and improvement of education sports and other curricular activities at the College;
The Objects of the Trust (c) To assist and co-operate with the Principal in such further and other ways (as the Trustees may deem necessary) in the education and related matters in the interests of the students of the College.
  (d) To review periodically the resource needs of the College and formulate project proposals.
  (e) To develop prioritized operational models of project proposals through inputs from all partners of development.
  (f) To identify funding sources for the projects.
  (g) To actively supervise and implement funded projects with close collaboration and consultation with funding agency or agencies.
  (h) To maintain a register to record and receive, take and hold all descriptions of property (both moveable and immovable) now and hereafter endowed by branches of HCPPA.
  (i) To record and hold monies in a professional manner of all endowments , prize money, monies raised from time to time by PPA’s, past pupils or by any other person or body and paid over to the Trust.
  (j) To perform the role of post box, hub or message center for the partners of development on a best effort basis.
  (k) to report quarterly to all branches of HCPPA and PPA trusts progress on all projects and information of interest
General Powers of the Trustees 6.1 The Trustees are hereby endowed with and granted all such powers authorities and rights as may be necessary or required for the management control and the execution of the Trust.
  6.2. In such management control and execution of the Trust the act or decision of the Majority of the Trustees shall bind the Trust and the Trustees
Specific Powers of the Trustees 7. Without prejudice to the generality of the provisions in the clause 6 above the Trustees may exercise the following specific powers in the name of and for the benefit of the Trust :-
  (1) To receive donations gifts and endowments and accept transfers for the purpose of the Trust;
  (2) To raise funds and invite and receive contributions, provided in raising funds the trustees shall not undertake any substantial permanent trading activity and shall conform to all relevant statutory regulations.
  (3) To apply or invest any part of the Trust Property in the acquisition of movable or immovable properties or to invest the same in any investments or securities mentioned in Section 20 of the Trusts Ordinance. Further the following securities are specifically hereby authorized in terms of item (f) of the said Section 20:-
  (i) in fixed deposits, savings accounts or any other securities with any branch of a Licensed Commercial Bank or Specialised Licensed Bank in Sri Lanka;
  (ii) debentures in any public company in Sri Lanka; and
  (iii) shares in any listed public company in Sri Lanka.
  PROVIDED however the investments in items (i) to (iii) can be made only with the unanimous approval of the Board of Trustees.
  (4) To sell and convert into money the Trust Property or any part there of;
  (5) To buy, take on lease or in exchange, hire or otherwise acquire any property necessary for the achievement of the objectives and to maintain and equip it for use.
  (6) When funds are received by way of donations for any specified special project to utilize those funds for that purpose in consultation with the donees there of.
  (7) To have a separate account for monies sent by each branch of HCPPA and of all the monies disbursed from that account.
  (8) To use the Trust funds to incur administrative expenses but the total cost shall not exceed Rupees Fifty Thousand (Rs. 50,000.00) excluding bank charges per annum.
  (9) When the total cost of a transaction exceeds Rupees Fifty Thousand (Rs. 50,000.00) it should be met with the written consent of the Executive Committee of each of the said six branches of the HCPPA.

  (10) To employ such staff (who shall not be trustees) as are necessary for the proper pursuit of the objects
  (11) To delegate to any one or more of the trustees the transaction of any business or the performance of any act required to be performed in the execution of the trustees responsibilities, provided the trustees shall exercise reasonable supervision and ensure that all proceedings are fully and properly reported to them.
  (12) To apply or invest any part of the Trust Property in the acquisition of movable or immovable properties or to invest the same in any investments or securities and to realise or reconvert such investments into money notwithstanding anything to the contrary in the law governing investments of the Trust Property;
  (13) For the purpose of acquisitions or investments the Trustees may agree and undertake to pay the consideration thereof at a later date and for this purpose enter into any pledge or mortgage of the property purchased or any other Trust Property;
  (14) To open maintain and operate on any current fixed deposit and savings account or accounts with any bank or banks and to draw or pay money to the credit of or renew or close any such account or accounts and to sign draw make indorse accept discount and sell bills of exchange promissory notes cheques drafts orders for money or dividends and interest warrants and mandates and other negotiable or transferable instruments or securities of any kind;
  (15) To institute or defend actions or participate in the arbitration proceedings for the protection of the Trust property and to compromise compound abandon or refer to arbitration any action proceedings or dispute claim demand or thing relating to any matter in connection with these presents and to all other things proper for such purposes without being responsible for any loss occasioned thereby
  (16) To ensure the proper application of the property and income of the Trust for the purposes of the objects herein set out
  (16)To maintain and keep books of account or other suitable accounting systems and have the same duly audited.
  (17) To appoint an Advisory Committee and Sub-Committees as the Board of Trustees may consider as necessary and make rules applicable to the Advisory Committee and Sub-Committees provided however such rules shall not in any manner be derogatory of the powers of the Trustees

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