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Date : 3rd May, 2011.

The Court : 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.

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.

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.

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.

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 deity's regular seba puja and expenses for other festivities would met out of the interest therefrom.

The donation should be reflected to have been made in the name of the Motilal Trust Estate and the relevant plaque should announce accordingly.

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.

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.