The House Grabbing case of Raghavan House connected to Aurobindo Ashram, wherein the Managing Trustee Mr.Manoj Das Gupta’s name found place in FIR resulting in his getting anticipatory bail, underwent a twist when his name was not included in charge sheet. Now that much postponed case is coming up in Supreme Court. In order to provide with journalists and public spirited persons with detail background of properties belonging to Ashram, we are reproducing the deed registered by Ms. Mira Alfassa, known as Mother to Ashramites……. N.N
SUPREME COURT OF INDIACAUSE LIST
(For 01st, September, 2008 )
COURT NO. 11 HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE HARJIT SINGH BEDI 46. SLP(C)No.2223/2007 S. MURUGAVEL MR. K.K. MANI XII A/N-O Vs. R.K. SELVARAJAN & ANR. MR. BIJAN KUMAR GHOSH 96, 0, 0 S.(1807) (WITH APPLN.(S) FOR DIRECTIONS MS. ANITHA SHENOY 6TH LISTING AND FOR LEAVE TO FILE ADDITIONAL DOCUMENTS)
COPY OF DOCUMENT
Document No- 1824061955
(The original is written on stamped paper of the Government of India of the value of Rs. 20 for the first page, 2 and 8 Annas for the 2nd page and of RS.25 for the third page and bears a stamp of 50 n.p)
We Mrs. MIRA ALFASSA, of the Ashram of Sri Aurobindo at Pondicherry and to those present and to come, salute.
Whereas the Ashram of Sri Aurobindo at Pondicherry is an institution and a centre of practice with a view of evolution of a form and mode of life which shall be animated finally, by an earnest spiritual conscience and shall achieve a life, much elevated of mind, and whereas, the Ashram of Sri Aurobindo, who have faith in his philosophy and his yoga, and whereas the Ashram of Sri Aurobindo has been established and is maintained by the benevolent care and under the direction of the Mother. Only with the aim of helping the devotees in their spiritual education and up-liftment, according to (as per) the ideal and teaching of Sri Aurobindo, and there as an university with boarding has been founded by the Mother, under the aegis of the said Ashram, known as “Sri Aurobindo International University Centre in order to give to the students of the said University an education and a training for ascertaining their complete mental development, this education being fully based on the ideal and teaching of Sri Aurobindo, and whereas Sri Aurobindo has given up all his books, periodicals, writings and manuscripts, published or non-published as well as the copy right, the right of reproduction and the proceeds of sale of these works, to the exclusive benefit and use of these works, to the exclusive benefit and use of disciples, devotees and followers residing in the said Ashram and in favour of the schools lead by the followers of the said Ashram under the direction of the Mother, and whereas Sri Aurobindo has expressed the desire of utilizing the proceeds of sale of his books, periodicals, manuscripts and writings, published or not or as well as all copy rights of these works and the proceeds of their sale to the exclusive use and benefit of the disciples and devotees, residing at the said Ashram, and same as per the instructions which the Mother alone would give as per her absolute discretion; and whereas during the life time of Sri Aurobindo, he has actually allowed the use of the said books, publications, periodicals, manuscripts and writings and permitted to spend and use the proceeds of their sale to the benefit of the disciples and devotees, residing at the said Ashram and for providing party, for the costs of maintenance of the said Ashram and educational institutions and others, attached therewith; and whereas the voluntary donations (gifts) and contributions, received, every now and then, from numerous disciples, devotees and followers of Sri Aurobindo and of the Mother, for being utilised for the benefit of the devotees, residing in the Ashram of Sri Aurobindo, the Mother, with the knowledge of Sri Aurobindo and with his consent, has always provided for the expenses of the said Ashram, and has also, now and then, purchased or taken on leas (rent) or in other names, many immovable properties, at Pondicherry, or elsewhere, either in the name of Sri Aurobindo or in the name of the Mother, for the exclusive aims, use and benefit of the said Ashram and various activities, mentioned above; and whereas the immovable properties acquired in the manner mentioned above and described and bounded in the below mentioned annexure, have always been utilized for the (residence) dwelling of the followers residing in the Ashram of Sri Aurobindo or for different industrial enterprises and others attached with Ashram, and the same to the exclusive benefit and use of the disciples, devotees and followers residing at the said Ashram; and whereas the wooden articles and movables found in the places specified in the below mentioned annexure, have also been purchased with the money received by way of donations (gifts) and voluntary contributions in the manner mentioned above and belong to Ashram and are kept by the Mother as trust, for the exclusive benefit of the Ashram and that of the disciples and followers of Sri Aurobindo; residing therein; and whereas the Mother (and Sri Aurobindo till the day of his death), had always been in possession of all the immovable properties described and bounded in the below mentioned annexure and of all other movable properties, articles, goods and articles, inclusive of the installations, which are at present, in different departments of the Ashram, as trustee, for the use and the benefit of the disciples and devotees residing in the Ashram of Sri Aurobindo and of that of Sri Aurobindo International University Centre; and whereas the Mother who had always had the sole and entire charge (in charge) and the management of the said Ashram, and who really lead these different activities, desire now to institute and create a council of Administration for the management and the direction of the Ashram of Sri Aurobindo and that of “Sri Aurobindo International University Centre” and of the other institutions which will be formed in future, by the mother, or by the person/persons nominated by Her, in order to follow the ideal of Sri Aurobindo, in the manner mentioned above; and whereas the Mother had previously executed a deed containing a declaration of trust, which deed could not be completed through registration; and whereas the Mother is at present in possession and enjoyment of numerous lands, funds, immovables and places (localities), situated at Pondicherry as well as in the Union of India and particularly described in the below mentioned annexure or that she has therein a right sufficiently established, properties free from any charge, kept in trust, in accordance with powers and provisions mentioned hereunder.
This deed states as follows:-
The Mother had always the possession and enjoyment and the Mother, her successors and rightful owners (heirs) and other present trustees (all of whom are later on included as per the term trustee or trustee) will have always, in future, the possession, first of all of all different lands, funds, immovables and places (localities) situated in Pondicherry, as well as in Union of India and specifically described and bounded in the below mentioned annexure, secondly of all books, periodicals, writing and manuscripts of Sri Aurobindo and of the Mother, and of all other books, publications, news papers and other writings, remaining at present preserved in the Ashram of Sri Aurobindo, or belonging to Ashram and thirdly, of all printing machines, printing letter types and other objects or accessories, found in the Ashram Press, lathe tools, machineries, motors, pump, tools, instruments, movables installations, stationeries and other wooden articles, movables and objects belonging or which are used in the schools, university, the gymnasium, the sports ground, the music hall, the painting hall and all other establishments of art, of weaving science, in the bakery, carpentry, workshops, factories, mills or in the technical (service) establishments and all other establishments and activities of the said Ashram, and fourthly the possession of all ready cash as well as the amounts deposited in the banks and all title belonging to the said ashram and of all donations (gifts), contributions (subscriptions) offerings to be received in future by the trustees (all these assets specified hereunder on the whole as properties of the trust) to be kept in trust to preserve and utilize the same to establish and maintain therein for perpetuity the said Sri Aurobindo Ashram with all its activities and various services as well as “Sri Aurobindo International University Centre” according to this deed of settlement and subject to the provisions mentioned hereunder and the same as per the ideal of the teaching of Sri Aurobindo and of the Mother, in the manner mentioned above and for the spiritual and religious education, and for the enlightenment of the humanity in general, based on the ideal and the philosophy of Sri Aurobindo.
2. The trustees or the trustee will have, at present, the absolute direction and the complete control over the assets of the Ashram of Sri Aurobindo, kept under trust, and could every now and then, make, cancel or modify the rules, however, without these being, in contradiction with this deed or with the aim and object of the Ashram, in the manner which they or he decide (s) useful with regard to the aim, the mode of direction, the persons in charge the terms and conditions of the said Ashram and of its various services and activities, as well as the said University and the assets kept under trust will be directed managed, utilized, in such manner that the trustees or the trustee decide the same to be necessary on account of this deed or for the execution of the trust.
3. The trustees (or the trust ) can pay, from and out of the funds of the trust, all rents, costs, taxes, insurance premiums, costs of repairs and other expenses payable periodically in respect of the lands, funds, houses and places as well as all the expenses of maintenance of Ashram of Sri Aurobindo, and all its activities and services, and those of “Sri Aurobindo International University Centre” and the expenditures made for the purchase of what all is required necessary to the said Ashram and University, inclusive of the expenses of different activities of the Ashram, and can also pay the securities and salaries of all employees and all the unexpected expenditures, for the maintenance the improvement of the Ashram, its different activities and services and of the University.
4. The trustee or trustees will always have the right to sell or let any house, land, funds and places (localities) any wooden articles, wood, material or installation, and other moveable properties belonging to the trust with power to purchase or resell and in case of similar sale or place (locality), the trustee (s) or any other person who would have the possession and enjoyment of the assets forming part of the trust and having the powers at that time will execute and register and will sing all documents necessary to execute the sales or leases; any amount of money coming from these sales or leases will be considered as being part of the assets of the trust.
5. In addition to the powers and authorities mentioned above conferred on the trustees and without harm to these rights, the trustees will have the following assignments.
(a) To make use, occupy, utilize, or allow the usage, the occupation, the employment, the perpetuity of all the assets or anyone of the assets kept under trusteeship in such manner, under such aim and for such period they would decide profitable or favorable to the aim and interests of the said Ashram and of those who reside therein, and also in the interests of various activities and departments of the Ashram and that of the University and of its students, as well as that of all other institutions and services which can be established or formed in future.
(b) Obtain by way of purchase, rent, or otherwise all lands, house, funds, dwelling and places as the trustees will decide the same useful and erect, construct, demolish, reconstruct, enlarge, improve, or modify, now and then, and at all time, all buildings, or any one portion of these buildings as the trustees will find it useful or convenient with the view of the aim of the Ashram and of its university;
(c) execute every agreement and cancel and modify any agreement, and make all deeds, documents and in general every thing which they will decide useful, concerning with any assets forming part of the trust and the same in conformity of the aim of the said Ashram of its different activities, services and of its university;
(d) Open one or many accounts in the bank which the trustees will decide suitable, and decide who will operate these accounts and sign, make, endorse and negotiate all cheques, drafts, receipts and other business matters;
(e) receive and accept all gifts and concessions of movable or immovable properties, all contributions and (gifts) donations, and all other receipts and keep them under trust, for the use and the benefit of the followers residing at the said Ashram, as well as for the benefit and use of the university and its students, the whole, forming part of the assets of the trust;
(f) Make and give acknowledgments and receipts and other clearances for the money or other assets received by the trustees;
(g) Keep and take measures in respect of all available amounts belonging to the trust, with guaranties contemplated in the deed of trust, and change the deposits or collect them, now and then.
6. The Mother will be the permanent Director of the Administrative Council and as Director; she will have the full and supreme control over the funds belongings to the trust. She will open and operate all accounts, in the banks and other institutions and will sign the cheques and drafts and other business matters and will make all disbursements and expenses, in the name and on behalf or the said Ashram and University and all other attached services (departments) as she will decide useful.
7. The Mother will also have, at her absolute discretion, the right to authorize any person to reside in the Ashram, either in permanent capacity or other wise, as well as the power to withdraw, from any person already residing therein, the permission to continue his stay therein, in whatever capacity it may be, and her decision in this regard will be final.
8. Every power devolved or which could be (made) utilized by the trustee (s) by virtue of this, will, until there will not be less than three administrators, be carried out, at present by the majority of administrators, or condition that in case of difference of opinion amongst them with regard to a question or any decision, the opinion of the Mother will always be valid and the council of administration will be binding on it.
9. The Mother will nominate, with absolute discretionary power, the number of Administrators which she will decide necessary and useful and if she decides useful, to put the new administrator (s) into possession of the assets kept under trust. If the number of administrators is reduced to less than five, the Mother will have the absolute discretionary power to appoint any other person or persons, as trustees, with a vies to bring the total number of administrators to five, and in case of her retirement, for any reason, the administrators on duty will appoint new administrators to complete the number Five...
At the back of all sheets, in addition, there is a following entry 1823/Volume 1, document No.P.7 pf 1955 and contains nineteen sheets.
Signed : Chinnappa
Sub : Registrar for Translation
Pondicherry the 18th December 1963. Category: Ashram Case Permalink