1. This is an application under Section 34 of the
Indian Trusts Act seeking the modification of the scheme already
sanctioned by this Court.
All the trustees, beneficiaries and shebaits are represented. A
supplementary affidavit has been filed appending the minutes of the
meeting of the trustees, beneficiaries and shebaits held on April 29, 2011.
2. Following a particular property of the trust being permitted to
be sold by Court, the proceeds are now available. In terms of the deed of
trust and the scheme as framed by this Court, the beneficiaries are entitled to 7/8th of the income and the deity is entitled to the balance 1/8th. Out of the proceeds from the sale of the property, the entitlement of the deity is about Rs.14 lakh. The petitioners say that if a fixed deposit is made of such amount, 30% of the annual accrual has to be spent on public charity in terms of the trust deed as modified by the scheme framed by this Court.
3. The trustees, beneficiaries and shebaits submit that the
amount that the sum of Rs.14 lakh would earn by way of interest per
annum would be meagre and spending 30% of such sum on account of
public charity would not result in much charitable work being done. The
trustees, beneficiaries and shebaits have suggested that if a sum of Rs.5
lakh is earmarked (which is more than 30% of 1/8th of the total sale
proceeds) then the money may be given for supporting a free bed at some hospital. The petitioners have ascertained from Ramkrishna Sarada
Mission Matri Bhawan that the total costs for maintenance of a bed for free patient at such Matri Bhawan is Rs.20 lakh and donations are accepted from four separate donors so that four such donors can jointly meet the expenses of a single free bed.
4. The trustees, beneficiaries and shebaits had met earlier to
approve the donation of a lumpsum amount of Rs.4.5 lakh to the
Ramkrishna Mission Seva Pratisthan. Following the letter received from
Ramkrishna Sarada Mission Matri Bhawan, the trustees, beneficiaries and shebaits have met on April 29, 2011 and have enhanced the amount to Rs.5 lakh and have resolved to donate the money to the said Matri
Bhawan.
5. Since it would be more purposeful for the costs of a free bed to
be partly met out of the funds available instead of it earning nominal
interest which would be meaningless for charitable purposes, the
suggestion put forth by the trustees, beneficiaries and shebaits is accepted and the decision taken at the meeting of April 29, 2011 is approved. The trustees, beneficiaries and shebaits are permitted to donate a sum of Rs.5 lakh to Ramkrishna Sarada Mission Matri Bhawan. The remainder of the money which is due to the deity will be invested and the deitys regular seba puja and expenses for other festivities would met out of the interest there from.
The donation should be reflected to have been made in the
Name of the Motilal Trust Estate and the relevant plaque should announce accordingly.
6. After the donation is made as above, the disbursement of the
balance amount will be made as approved by the trustees, beneficiaries
and shebaits at their meeting held on January 15, 2011 being Annexure J to the petition.
7. The Special Officer, Ms. Ratna Dasgupta, Advocate, will be
entitled to withdraw the sum of Rs.5 lakh first from out of the sale
proceeds and make over the necessary instrument of payment in favour of Ramkrishna Sarada Mission Matri Bhawan. Thereafter the Special Officer will be at liberty to disburse the balance payment in accordance with the decision reflected in the minutes of the meeting held on January 15, 2011.
8. The Special Officer will stand discharged after the money is
disbursed and after making over a copy of the accounts to advocates
representing the present petitioners.
9. After making the donation but before making the other
disbursements, the Special Officer will retain a sum of Rs.50,000/- by way of her full and final remuneration.
10. ATA No. 1 of 2011 is disposed of without any order as to costs.
Urgent certified photocopies of this order, if applied for, be
supplied to the parties subject to compliance with all requisite formalities.