Devasthan Department, Rajasthan
 

 

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RPT Bill 2006

THE RAJASTHAN PUBLIC TRUST BILL, 2006

A

BILL

to consolidate and amend the laws relating to the administration and regulation of the public religious and charitable trusts in the State and to provide for maters connected therewith and incidental thereto.

 

Be it enacted by the Rajasthan State Legislature in the Fifty Seventh year of the Republic of India, as follows:-

CHAPTER  I

PRELIMINARY

 

1. Short title, extent and commencement.-(1) This Act may be called the Rajasthan Public Trusts Act, 2006.

(2) It shall extend to the whole of the State of Rajasthan.

(3) This Act shall come into force at once; but the provisions thereof shall apply to a public trust or any class of public trusts on the dates specified in the notification under sub-section (4).

(4) The State Government may, by notification in the Official Gazette, specify the date on which the provisions of this Act shall apply to any public trust or any class of public trusts; and different dates may be specified for such trusts in different areas:

Provided that the State Government may also by a like notification direct that from the date specified therein any public trust or class of public trusts shall be exempted from all or any of the provisions of this Act, subject to such conditions as may be specified in the notification:

Provided further that before a notification of such application or exemption is published, a draft thereof shall be published in the Official Gazette and in such other manner as may be prescribed, for the information of persons likely to be affected thereby together with a notice specifying the date on or before which any objections or suggestions shall be received and the date on or after which the draft shall be taken into consideration.

 

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context, -

(1) "Assistant Commissioner, Devasthan" means an Assistant Commissioner Devasthan appointed under section 6;

(2) "Commissioner, Devasthan" means the Commissioner Devasthan appointed under section 3;

(3) "Court" means the District Court;

 (4) "Deputy Commissioner, Devasthan" means the Deputy Commissioner, Devasthan appointed under section 6;

 (5) "Director of Accounts" and "Assistant Director of Accounts" means respectively the Director of Accounts and Assistant Director of Accounts appointed under section 7;

(6) "Hindu" includes Jain, Buddhist and Sikh;----------------?

(7) "Inspector" means an Inspector appointed under section 7;

(8) "Instrument of trust" means the instrument by which the trust is created by the author of the trust and includes any scheme framed by a competent authority or any memorandum of association and rules and regulations of a society registered under the Rajasthan Societies Registration Act, 1958 (Act  No. 28 of 1958);

(9) "Joint Commissioner, Devasthan" means a Joint Commissioner, Devasthan appointed under section 4;

(10) "manager" means any person (other than a trustee) who for the time being either alone or in association with some other person or persons administers the trust property of any public trust and includes-

(a) in the case of a math, the head of such math;

(b) In the case of a wokf, a mutawalli of such wakf; ---?

 (c) in the case of a society registered under the Rajasthan Societies Registration Act, 1958 (Act No. 28 of 1958), its governing body, whether, or not the property of the society is vested in a trustee;

(11) "math" means an institution for the promotion of the Hindu religion presided over by a person whose duty is to engage himself in imparting religious instructions or rendering spiritual service to a body of disciples or who exercises or claims to exercise headship over such a body and includes places of religious worship or instruction which are appurtenant to the institution;

(12) "person having interest" includes-

(a)  in the case of a temple, person who is entitled to attend at or is in the habit of attending the performance of worship or service in the temple, or who is entitled to partake or to partaking or is in the habit of partaking in the distribution of gifts thereof;

(b)   in the case of a math, a disciple of the math or a person of the religious persuasion to which the math belongs;

 (c) in the case of a society registered under the Rajasthan Societies Registration Act, 1958 (Act No. 28 of 1958) or under any other analogous law in force in any part of the State, any member of such society; and

(d) in the case of any other public trust any trustee or beneficiary;

 (13)         "prescribed" means prescribed by rules;

(14)          "public securities" means-

(a)       securities of the Central Government or any State Government;

(b)  stocks, debentures or shares in Railway or other companies, the interest or dividend on which has been guaranteed by the Central or any State Government;

(c)        Debentures or other securities for money issued by or on behalf of State Legislature;

(d)          a security expressly authorised by an order which the State Government makes in this behalf;

(15) "public trust" means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, a dharmada or any other religious or charitable endowment or institution and a society formed either for a religious or charitable purpose or for both and registered under the Rajasthan Societies Registration Act, 1958 (Act No. 28 of 1958);

 (16) "region" or "sub-region" means the areas designated as such and for which a Public Trusts Registration Office has been established under this Act;

(17) "rules" means rules made under this Act;

 (18) "temple" means a place by whatever designation known and used as a place of public religious worship and dedicated to or for the benefit of or used as of right by the Hindu community or any section thereof as a place of public religious worship;

(18) "trustee" means a person in whom either alone or in association with other persons, the trust property is vested and includes a manager;

 (19) "wakf" means a permanent dedication by a person professing Islam of any moveable or immoveable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes a wakf by user and grants (including mashrut-ul-khidmat) for any purpose recognised by the Muslim law as pious, religious or charitable and a wakf-alal-aulad to the extent to which the property is dedicated for any purpose so recognised; but does not include a wakf such as is described in section 3 of the Mussalman Wakf Validating Act, 1913 (VI of 1913), under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any member or his family or descendants;

 

CHAPTER II

ESTABLISHMENT

 

3. Commissioner, Devasthan.- The State Government may, by notification in the Official Gazette, appoint an Officer to be called the Commissioner, Devasthan, who shall exercise such powers and shall perform such duties and functions as are conferred by or under the provisions of this Act and shall, subject to such general or special orders as the State Government may pass, superintend the administration and carry out the provisions of this Act throughout the State.

4. Joint Commissioners, Devasthan.- (1) The State Government may, by notification in the Official Gazette, appoint one or more Officers to be called Joint Commissioner, Devasthan, who shall, subject to the control of the Commissioner, Devasthan and to such general or special orders as the State Government may pass, exercise all or any of the powers and perform all or any of the duties and functions, of the Commissioner, Devasthan.

(2) The State Government may, by general or special order, declare a joint Commissioner, Devasthan, to be the regional head to superintend, subject to the control of the Commissioner, Devasthan, the administration in one or more regions or sub-regions, as may be specified in such order.

5. Qualifications for appointment of Commissioner, Devasthan and Joint Commissioner, Devasthan.- (1) A person to be appointed as the Commissioner, Devasthan shall be one - who is holding or has held an Administrative office not lower in rank than that of super time scale in the Rajasthan Administrative Service.

(2) A person to be appointed as the Joint Commissioner, Devasthan shall be one - who is holding or has held an Administrative office not lower in rank than that of selection scale in the Rajasthan Administrative Service.

6. Deputy and Assistant Commissioner, Devasthan.- (1) The State Government may also appoint such number of Deputy and Assistant Commissioners, Devasthan in the office of the Commissioner, Devasthan or for such regions or sub-regions or for such public trusts or such class of public trust as may be deemed necessary.

(2) A person to be appointed as the Deputy Commissioner, Devasthan shall be one -

(a) who is holding or has held an Administrative office not lower in rank than that of senior scale in the Rajasthan Administrative Service;

(b) who has held the office of an Assistant Commissioner, Devasthan for not less than five years.

(3) A person to be appointed as an Assistant Commissioner, Devasthan shall be a person-

(a) who is the member of the Rajasthan Devasthan State Service;

(b) who holds a degree in law of any University in India established by law or any other University recognised by the State Government in this behalf and has worked in the Charity Organisation after obtaining such degree for not less than five years in an office not lower in rank of Superintendent or legal Assistant.

(c)  who is the member of the Rajasthan Devasthan subordinate service as an Inspector grade-I and having not less then five years experience.

(4) The Deputy and Assistant Commissioner, Devasthan shall exercise such powers and perform such duties and functions as may be provided by or under the provision of this Act.

 

7. Subordinate Officers.- For the purpose of carrying out the provisions of this Act, the State Government may appoint the Director of Accounts and Assistant Directors of accounts possessing the prescribed qualifications, Inspectors and other subordinate officers and assign to them such powers, duties and functions under this Act, as may be deemed necessary:

Provided that the State Government may, by general or special order and subject to such conditions as it deems fit to impose, delegate to the Commissioner, Devasthan, the Joint Commissioner, Devasthan and the Deputy and Assistant Commissioner, Devasthan powers to appoint subordinate officers and servants as may be specified in the order.

8. Commissioner, Devasthan and other officers to be servants of State Government.- The Commissioner, Devasthan, the Joint Commissioner, Devasthan, the Deputy and Assistant Commissioner, Devasthan, the Director of Accounts, the Assistant Directors of Accounts, the Inspectors and other subordinate officers and servants appointed under this Act shall be the servants of the State Government and they shall draw their pay and allowances from the Consolidated Fund of the State. The conditions of service of such officers shall be such as may be determined by the State Government.

9. Cost of pay, pension, etc. of Commissioner Devasthan, etc. to be paid to Government out of the Public Trusts Administration Fund.- There shall be paid every year out of the Public Trusts Administration Fund to the State Government such cost as the State Government may determine on account of the pay, pension, leave and other allowances of the Commissioner Devasthan, the Joint Commissioner Devasthan, the Deputy and Assistant Commissioners Devasthan, the Director of Accounts, the Assistant Directors of Accounts, the Inspectors and other subordinate officers and servants appointed under this Act.

10. Delegations.-(l) The State Government may delegate any of its own powers or functions under this Act to the Commissioner, Devasthan or any other officer subject to such conditions as it thinks fit.

(2) The State Government may also direct that any powers exercisable and duties or functions to be performed by any particular officer appointed under this Act may be performed by any other officer subject to such conditions as it thinks fit.

 

CHAPTER III

CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS

 

11. Charitable Purposes.- (1) For the purposes of this Act, a charitable purpose includes-

(a)  relief to poor or distress;

(b).  education;

(c)      medical relief;

(d) provision for facilities for recreation or other leisure time occupation (including assistance for such provision), if the facilities are provided in the interest of social welfare and public benefit; and

(e)          the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship.

 (2) The requirement of this section that the facilities are provided in the interest of social welfare shall not be treated as satisfied, unless-

(a)      the facilities are provided with the object of improving the conditions of life for the persons for whom the facilities are primarily intended; and

(b)  either-

(i)        those persons have need of such facilities as aforesaid by reason of their youth, age, infirmity or disablement, poverty or social and economic circumstances, or

(ii)    the facilities are to be available to the members of the public at large.

(3) Subject to the said requirement, sub-section (1) of this section applies in particular to the provision of facilities at village halls, community centres and women institutes, and to the provision and maintenance of grounds and buildings to be used for purposes of recreation and leisure time occupation, and extends to the provision of facilities for those purposes by the organising of any such activity.

12. Public trust not to be void on ground of uncertainty.-Notwithstanding any law, custom or usage, a public trust shall not be void, only on the ground that the persons or objects for the benefit of whom or which it is created are unascertained or unascertainable.

Explanation.- A public trust created for such objects as dharma, dharmada or punyakarya, punyadan shall not be deemed to be void only on the ground that the objects for which it is created are unascertained or unascertainable.

13. Public trust not void on ground that it is void for non-charitable or non-religious purpose.-A public trust created for purposes some of which are charitable or religious and some are not shall not be deemed to be void in respect to the charitable or religious purpose, only on the ground that is void with respect to the non-charitable or non-religious purpose.

14. Public trust not void on ground of absence of obligation.-Any disposition of property for a religious or charitable purpose shall not be deemed to be void as a public trust, only on the ground that no obligation is annexed with such disposition requiring the person in whose favour it is made to hold it for the benefit of a religious or charitable object.

15. Public trust not void on failure of specific object or society, etc. ceasing to exist.-If any public trust is created for a specific object of a charitable or religious nature or for the benefit of a society or institution constituted for a charitable or religious purpose, such trust shall not be deemed to be void only on the ground-

(a)   that the performance of the specific object for which the trust was created has become impossible or impracticable, or

(b)   that the society or institution dose not exist or has ceased to exist, notwithstanding the fact that there was no intent for the appropriation of the trust property for a general charitable or religious purpose.

 

CHAPTER IV

REGISTRATION OF PUBLIC TRUSTS

 

16. Regions and sub-regions.- (l) For the purposes of this Act, the State Government may form regions and sub-regions and may prescribe and alter limits of such regions and sub-regions.

(2) The regions and sub-regions formed under this section, together with the limits thereof and every alteration of such limits shall be notified in the Official Gazette.

17. Public Trusts Registration Offices.-In every region or sub-region there shall be a Public Trusts Registration Office:

Provided that for two or more regions or sub-regions, there may be one Public Trust Registration Office:

Provided further that for one region or sub-region there may be one or more Joint Public Trusts Registration Offices.

18. Power to set up offices in district.-To facilitate the administrative work of the regions and sub-regions, the State Government may set up offices in all the districts under any region or sub-region.

19. Deputy or Assistant Commissioner Devasthan to be in charge of Public Trusts Registration Office.-The State Government may appoint a Deputy Commissioner Devasthan or Assistant Commissioner Devasthan to be in charge of one or more Public Trusts Registration' Offices or Joint Public Trusts Registration Offices.

20. Books, Indices and Registers. -In every Public Trusts Registration Office or Joint Public Trusts Registration Office, it shall be the duty of the Deputy or Assistant Commissioner Devasthan in charge to keep and maintain such books, indices and other registers as may be prescribed.

21. Registration of Public Trusts.- (l) It shall be the duty of the trustee of a public trust to which this Act has been applied to make an application for the registration of the public trust.

(2) Such application shall be made to the Deputy or Assistant Commissioner Devasthan of the region or sub-region within the limits of which the trustee has an office for the administration of the trust or the trust property or substantial portion of the trust property is situated, as the case may be.

(3) Such application shall be in writing, shall be in such form and accompanied by such fee as may be prescribed.

(4) Such application shall-

(a)   in the case of a public trust created before this Act was applied to it, be made, within three months from the date of the application of this Act, and

(b)   in the case of a public trust created after this Act comes into force, within three months of its creation.

(5) Such application shall inter alia contain the following particulars, namely: -

                    (i)        the designation by which the public trust is or shall be known (hereinafter referred to as the name of the public trust);

                  (ii)        the names and addresses of the trustees and the manager;

                 (iii)        the mode of succession of the office of the trustee;

                 (iv)        the list of the moveable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof;

                  (v)        the approximate value of movable and immovable property;

                 (vi)        the gross average annual income of the trust property estimated on the income of three years immediately preceding the date on which the application is made or of the period which has elapsed since the creation of the trust, whichever period is shorter;

                (vii)        the amount of the average annual expenditure in connection with such public trust estimated on the expenditure incurred within the period to which the particulars under clause (vi) relate;

              (viii)        the address to which any communication to the trustee or manager in connection with the public trust may be sent;

                 (ix)        such other particulars which may be prescribed:

 

Provided that the rules may provide that in the case of any or all public trusts it shall not be necessary to give the particulars of the trust property of such value and such kind as may be specified therein.

(6) Every application made under sub-section (1) shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.   It  shall be  accompanied by  a  copy  of an  instrument of trust,  if such instrument had been executed and is in existence.

(7) Where on receipt of such application, it is noticed that the application is incomplete in any particulars, or does not disclose full particulars of the public trust, the Deputy or Assistant Commissioner Devasthan may return the application to the trustee, and direct the trustee to complete the application in all particulars or disclose therein the full particulars of the trust, and resubmit it within the period specified in such direction; and it shall be the duty of the trustee to comply with the direction.

(8) It shall also be the duty of the trustee of the public trust to send a memorandum in the prescribed form containing the particulars, including the name and description of the public trust, relating to the immovable property of such public trust, to the Sub-Registrar of the sub-district appointed under the Indian Registration Act, 1908 (Central Act No. XVI of 1908), in which such immovable property is situate, for the purpose of filing in Book No. I under section 89 of that Act.

Such memorandum shall be sent within three months from the date of creation of the public trust and shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.

22. Inquiry for Registration. -On the receipt of an application under section 21, or upon an application made by any person having interest in a public trust or on his own motion, the Deputy or Assistant Commissioner Devasthan shall make an inquiry in the prescribed manner for the purpose of ascertaining —

(i)              whether a trust exists and whether such trust is a public trust,

(ii)             whether any property is the property of such trust,

(iii)            whether the whole or any substantial portion of the subject-matter of the trust is situate within his jurisdiction,

(iv)           the names and addresses of the trustee and manager of such trust,

(v)             the mode of succession to the office of the trustee of such trust,

(vi)           the origin, nature and object of such trust,

(vii)          the amount of gross average annual income and expenditure of such trust, and

(viii)         any other particulars as may be prescribed under sub-section (5) of section 21.

23. Findings of Deputy or Assistant Commissioners Devasthan.-On completion of the inquiry provided for under section 22, the Deputy or Assistant Commissioner Devasthan shall record his findings with the reasons therefore as to the matter mentioned in the said section and may make an order for the payment of the registration fee.

24. Entries in register.- (l) The Deputy or Assistant Commissioner Devasthan shall make entries in the register kept under section 20 in accordance with the findings recorded by him under section 23 or if appeals or applications are made as provided by this Act, in accordance with the final decision of the competent authority provided by this Act.

(2) The entries so made shall, subject to the provisions of this Act and subject to any change recorded under the following provisions, be final and conclusive.

25. Change.- (1) Where any change occurs in any of the entries recorded in the register kept under section 20, the trustee shall, within 90 days from the date of the occurrence of such change, or where any change is desired in such entries in the interest of the administration of such public trust, report such change or proposed change to the Deputy or Assistant Commissioner Devasthan in change of the Public Trusts Registration Office where the register is kept. Such report shall be made in the prescribed form.

(2) Where the change to be reported under sub-section (1) relates to any immovable property, the trustee shall along with the report, furnish a memorandum in the prescribed form containing the particulars (including the name and description of the public trust) relating to any change in the immovable property of such public trust, for forwarding it to the Sub-Registrar referred to in sub-section (8) of section 21.

Such memorandum shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.

(3) For the purpose of verifying the correctness of the entries in the register kept under section 20 or ascertaining whether any change has occurred in any of the particulars recorded in the register, the Deputy or Assistant Commissioner Devasthan may hold an inquiry in the prescribed manner.

(4) If the Deputy or Assistant Commissioner Devasthan, as the case may be, after receiving a report under sub-section (1) and holding an inquiry, if necessary under sub-section (3), or merely after holding an inquiry under the said sub-section (4), is satisfied that a change has occurred in any of the entries recorded in the register kept under section 20 in regard to a particular public trust or that the trust should be removed from the register by reason of the change, resulting in both the office of the administration of the trust and the whole of the trust property ceasing to be situated in the State, he shall record a finding with the reasons therefore to that effect; and if he is so satisfied, he shall record a finding with reasons therefore accordingly. Any such finding shall be appealable to the Commissioner, Devasthan. The Deputy or Assistant Commissioner, Devasthan shall amend or delete the entries in the said register in accordance with the finding which requires an amendment or deletion of entries and if appeals or applications were made against such finding, in accordance with the final decision of the competent authority provided by this Act. The amendments in the entries so made subject to any further amendment on occurrence of a change or any cancellation of entries, shall be final and conclusive.

(5) Whenever an entry is amended or the trust is removed from the register under sub-section (4), the Deputy or Assistant Commissione, Devasthan, as the case may be, shall forward the memorandum furnished to him under sub-section  (2), after certifying the amended entry or the removal of the trust from the register to the Sub-Register referred to in sub-section (8) of section 21, for the purpose of filing in Book No, 1 under section 21 of the Indian Registration Act, 1908 (Central Act No. XVI of 1908), in its application to the State of Rajasthan.

26. Further inquiry by Deputy or Assistant Commissioner Devasthan.- If at any time after the entries are made in the register under section 24, 25 or 33 it appears to the Deputy or Assistant Commissioner Devasthan that any particular relating to any public trust, which was not the subject matter of the inquiry under section 22 or sub-section (4) of section 25 or section 33 as the case may be, has remained to be enquired into, the Deputy or Commissioner Devasthan, as the case may be, may make, further inquiry in the prescribed manner, record his findings and make entries in the register in accordance with the decision arrived at or if appeals or applications are made as provided by this Act, in accordance with the decision of the competent authority provided by this Act. The provisions of sections 22, 23, 24 and 25 shall, so far as may be, apply to the inquiry, the recording of findings and the making of entries in the register under this section.

27. Registration of trust property in the name of public trust, which has already been registered, etc.- (l) In the case of a public trust,-

(a)    which is deemed to have been registered under this Act under section 33, or

(b)   in respect of which an application for registration has been made under section 21 and such application was pending on the said date,

the trustee of such public trust shall within three months from the said date make an application in writing for registration of the property of the public trust in the name of such trust and shall state in the application the name of the public trust.

(2) Such application shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf and made to the Deputy or Assistant Commissioner, Devasthan who made entries in respect of such public trust in the register kept under section 20 or with whom the application for registration of the public trust was pending, as the case may be.

(3) On receipt of such application, the Deputy or Assistant Commissioner, Devasthan shall -

(a)         in the case of a public trust which is deemed to have been registered under section 33 or which has been registered under this Act before the said date specify the name of the public trust against the entries made in respect of such trust in the register kept under section 20, and

(b)         in the case of a public trust the application for the registration of which was pending on the said date specify the name of the public trust at the time of making entries under section 24 in respect of such public trust in the register kept under section 20.

28. Registration of particulars of immovable property of trusts already registered with certain officers and authorities.- (l) In the case of a public trust, -

(a)       which is deemed to have been registered under this Act [section 33 read with Schedule A] or

(b)    in respect of which an application has been made under section 21 and such application, was spending on the said date,

the trustee of such public trust shall within three months from the said date send a memorandum in the prescribed form containing the particulars, including the name and description of the public trust, relating to the immovable property of such public trust to the officers specified in sub-section (8) of section 21 for the purpose of filling in Book No, 1 under section 89 of the Indian Registration Act, 1908 (Central Act No. XVI of 1908), in its application to the State of Rajasthan.

Such memorandum shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.

29. Procedure where trust property is situate in several regions or sub-regions.- lf any part of the property of any public trust is situate within the limits of more than one region or sub-region, the Deputy or Assistant Commissioner Devasthan of the region or sub-region within the limits of which the public trust is registered, shall forward a copy of the entries to the Deputy or Assistant Commissioner Devasthan in charge of the region or sub-region within the limits of which such part of the trust property is situate. The Deputy or Assistant Commissioner Devasthan in charge of such region or sub-region shall make an entry in such book as may be prescribed for the purpose. A copy of such entry shall also be sent by the Deputy or the Assistant Commissioner Devasthan, as the case may be, to the Sub-Registrar appointed under the Indian Registration Act, 1908 (Central Act No. XVI of 1908), of the sub-district within the limits of which such property or part thereof is situate.

30. Stay of inquiry.-No Deputy or Assistant Commissioner Devasthan shall proceed with an inquiry under section 22 or 25 in regard to any public trust which has been already registered in any other region or sub-region.

31. Inquiry regarding public trust not to be held by more than one Deputy or Assistant Commissioner, Devasthan.- (1) If an inquiry under section 22 or 25 in regard to any public trust is pending before more than one Commissioner, Devasthan whether Deputy or Assistant, the Commissioner, Devasthan shall, on the application of any of the persons having interest in such public trust or of any Deputy or Assistant Commissioner, Devasthan before whom such inquiry is pending or on his own motion, determine which of such Deputy or Assistant Commissioner, Devasthan shall proceed with the inquiry in regard to such trust.

(2) The determination of the Commissioner, Devasthan under sub-section (1) shall be final and conclusive; and upon such determination, no Deputy or Assistant Commissioner, Devasthan other than the Deputy or Assistant Commissioner, Devasthan specified by the Commissioner, Devasthan shall proceed with the inquiry in regard to the public trust under section 22 or 25, as the case may be.

 

32. Entries in register to be made or amended in certain cases.- (1) Any Court of competent jurisdiction deciding any question relating to any public trust which by or under the provisions of this Act is not expressly or impliedly barred from deciding shall cause copy of such decision to be sent to the Commissioner, Devasthan and the Commissioner, Devasthan shall cause the entries in the register kept under section 20 to be made or amended in regard to such public trust in accordance with such decision The entries so made or amended shall not be altered except in cases where such decision has been varied in appeal or revision by a Court of competent jurisdiction. Subject to such alterations, the entries made or amended shall be final and conclusive.

(2) Where the Commissioner, Devasthan decides any question in relation to any public trust or passes any order in relation thereto, he shall also cause the entries in such register to be made or amended in regard to such public trust in accordance with the decision so given or order passed by him; and thereupon, the provisions of sub-section (1) shall apply in relation to entries so made or amended as they apply in relation to entries made or amended according to the decision or order of a court.

33. Public trust previously registered under enactments specified in Schedule.- (1) All public trusts registered under the provisions of any of the enactments specified in Schedule A shall be deemed to have been registered under this Act from the date on which this Act may be applied to them. The Deputy or Assistant Commissioner Devasthan of the region or sub-region within the limits of which a public trust had been registered under any of the said enactments shall issue notice to the trustee of such trust for the purpose of recording entries relating to such trust in the register kept under section 20 and shall after hearing the trustee and making such inquiry as may be prescribed record findings with the reason therefore. Such findings shall be in accordance with the entries in the registers already made under the said enactment subject to such changes, as may be necessary or expedient.

(2) Any person aggrieved by any of the findings recorded under sub-section (1) may appeal to the Commissioner Devasthan.

(3) The provisions of this Chapter shall, so far as may be, apply to the making of entries in the register kept under section 20 and the entries so made shall be final and conclusive.

 

34. Copy of entries relating to property to be sent to Sub-Registrar.-The Deputy or Assistant Commissioner, Devasthan shall send a memorandum in the prescribed form containing entries including the entry of the name and description of the public trust, relating to immovable property of such public trust made by him in the register kept under section 20 to the Sub-Registrar of the sub-district appointed under the Indian Registration Act, 1908 (Central Act No. XVI of  1908) in which such immovable property is situate.

35. Public trust created by will.- In the case of the public trust which is created by a will, the executor of such will shall within one month from the date, on which the probate of the will is granted or within six months from the date of the testator's death whichever is earlier make an application for the registration in the manner provided in section 18 and the provisions of this Chapter shall mutatis mutandis apply to the registration of such trust:

Provided that the period prescribed herein for making an application for registration may, on sufficient cause, be extended by the Deputy or Assistant Commissioner, Devasthan concerned.

36. Notice of particulars of immovable property  entered in register.- Any person acquiring any immovable property belonging to a public trust which has been registered under this Chapter or any part of or any share or interest in such property of such trust shall be deemed to have notice of the relevant particulars relating to such trust entered in the registers maintained under section 20 or filed in Book No. 1 under section 89 of the Indian Registration Act, 1908 (Central Act No. XVI of 1908), in its application to the State of Rajasthan.

Explanation - For the purpose of this section, a person shall be deemed to have notice of any particulars in the registers,-

(1)         when he actually knows the said particulars or when, but for wilful abstention from any inquiry or search which he ought to have made, or gross negligence, he would have known them;

(2)         if his agent acquires notice thereof whilst acting on his behalf in the course of business to which the fact of such particulars is material.

37. Bar to hear or decide suits.-  (1) No suit to enforce a right on behalf of a public trust which is required to be registered under this Act but has not been so registered shall be heard or decided in any court.

(2) The provisions of sub-section (1) shall apply to a claim of set-off or other proceeding to enforce a right on behalf of such public trust.

 

CHAPTER V

BUDGET, ACCOUNTS AND AUDIT

 

38.  Trustees    of    certain    trusts    to    submit    budget    to  Commissioner, Devasthan.-  (1) A trustee of a public trust which has an annual income exceeding the prescribed amount shall, at least one month before the commencement of each accounting year, prepare and submit in such form or forms as may be prescribed, a budget showing the probable receipts and disbursement of the trust during the following year to the Commissioner, Devasthan.

(2) Every such budget shall make adequate provision for carrying out the objects of the trust, and for the maintenance and preservation of the trust property.

39. Maintenance of accounts. - (1) Every trustee of a public trust shall keep regular accounts.

(2) Such accounts shall be kept in such form as may be approved by the Commissioner, Devasthan and shall contain such particulars as may be prescribed.

40. Balancing and auditing of accounts.-(1) The accounts kept under section 39 shall be balanced each year on the thirty-first day of March or such other day, as may be fixed by the Commissioner, Devasthan.

(2) The accounts shall be audited annually by a person who is a chartered accountant within the meaning of the Chartered Accountants Act, 1949, (Central Act No. XXXVIII of 1949) or by such person, as the State Government may, subject to any conditions, authorise in this behalf:

Provided that no such person is in any way interested in, or connected with, the public trust.

(3) Every auditor acting under sub-section (2) shall have access to the accounts and to all books, vouchers, other documents and records in the possession of or under the control of the trustee; and it shall be the duty of the trustee to make them available for the use of the auditor.

(4) Not withstanding anything contained in the preceding sub-sections-

(a)     the Commissioner Devasthan may direct a special audit of the accounts of any public trust whenever in his opinion such special audit is necessary. The provisions of sub-sections (2) and (3) shall, so far as may be applicable, apply to such special audit. The Commissioner Devasthan may direct the payment of such fee as may be prescribed for such special audit; and

(b)   State Government may, by general or special order, exempt any public trust or class of trusts from the provisions of sub-section (2), subject to such conditions as may be specified in the order.

41. Auditor's duty to prepare balance sheet and to report irregularities, etc.-  (l) It shall be the duty of every auditor auditing the accounts of a public trust under section 40 to prepare a balance sheet and income and expenditure account and to forward a copy of the same along with a copy of his report to the trustee, and to the Deputy or Assistant Commissioner, Devasthan of the region or sub-region or to the Commissioner, Devasthan, if the Commissioner, Devasthan required him to do so.

(2) It shall be the duty of the trustee of a public trust to file a copy of the balance sheet and income and expenditure account forwarded by the auditor before the Deputy or Assistant Commissioner, Devasthan of the region or sub-region or to the Commissioner, Devasthan, if the Commissioner, Devasthan requires him to do so.

(3) The auditor shall in his report specify all cases of irregular, illegal or improper expenditure, or failure or omission to recover moneys or other property belonging to the public trust or of loss or waste of money or other property thereof and state whether such expenditure, failure, omission, loss or waste was caused in consequence of breach of trust, or misapplication or any other misconduct on the part of the trustees, or any other person.

 

CHAPTER VI 

POWERS AND DUTIES OF, AND RESTRICTIONS ON, TRUSTEES

 

42. Investment of public trust money.- (1) Where the trust property consists of money and cannot be applied immediately or at any early date to the purposes of the public trust, the trustee shall be bound (notwithstanding any direction contained in the instrument of the trust) to deposit the money in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (Central Act No. II of 1934), in the Postal Savings Bank or in a Co-operative Bank approved by the State Government for the purpose or to invest it in public securities:

Provided that such money may be invested in the first mortgage of immovable property situate in any part of India if the property is not leasehold for a term of 99 years and the value of the property exceeds by one-half the mortgage money:

Provided further that the Commissioner Devasthan may by general or special order permit the trustee of any public trust or class of such trusts to invest the money in any other manner.

43. Alienation of immovable property of public trust.- (l) Notwithstanding anything contained in the instrument of trust-

(a)      no sale, exchange, mortage or gift of any immovable property, and

(b)      no lease for a period exceeding ten years in the case of agricultural land or for a period exceeding three years in the case of non-agricultural land or a building belonging to a public trust, shall be valid without the previous sanction of the Commissioner, Devasthan. Sanction may be accorded subject to such condition as the Commissioner, Devasthan may think fit to impose, regard being had to the interest, benefit or protection of the trust;

(c)      if the Commissioner, Devasthan is satisfied that in the interest of any public trust any immovable property thereof should be disposed of, he may, on application, authorised any trustee to dispose of such property subject to such conditions as he may think fit to impose, regard being had to the interest or benefit or protection of the trust.

(2) The Commissioner, Devasthan may revoke the sanction given under clause (a) or clause (b) of sub-section (1) on the ground that such sanction was obtained by fraud or misrepresentation made to him or by concealing from the Commissioner, Devasthan, facts material for the purpose of giving sanction; and direct the trustee to take such steps within a period of one hundred and eighty days from the date of revocation (or such further period not exceeding in the aggregate one year as the Commissioner, Devasthan may from time to time determine) as may be specified in the direction for the recovery of the property.

(3) No sanction shall be revoked under this section unless the person in whose favour such sanction has been made has been given a reasonable opportunity to show cause why the sanction should not be revoked.

(4) If, in the opinion of the Commissioner, Devasthan, the trustee has failed to take effective steps within the period specified in sub-section (2), or it is not possible to recover the property with reasonable effort or expense, the Commissioner, Devasthan may assess any advantage received by the trustee and direct him to pay compensation to the trust equivalent to the advantage so assessed.

 

44. Powers and duties of, and restrictions on, trustees.- (1) A trustee of every public trust shall administer the affairs of the trust and apply the funds and properties thereof for the purpose and objects of the trust in accordance with the terms of the trust, usage of the institution and lawful directions which the Commissioner Devasthan or court may issue in respect thereof, and exercise the same care as a man of ordinary prudence does  when dealing with such affairs, funds or property, if they were his own.

(2) The trustee shall, subject to the provisions of this Act and the instrument of trust, be entitled to exercise all the powers incidental to the prudent and beneficial management of the trust, and to do all things necessary for the due performance of the duties imposed on him.

(3) No trustee shall borrow moneys (whether by way of mortgage or otherwise) for the purpose of or on behalf of the trust of which he is a trustee, except with the previous sanction of the Commissioner Devasthan, and subject to such conditions and limitations as may be imposed by him in the interest or protection of the trust.

(4) No trustee shall borrow money for his own use from any property of the public trust of which he is a trustee:

Provided that, in the case of a trustee who makes a gift of debentures or any deposit in his business or industry the trustee shall not be deemed to have borrowed from the trust for his own use.

45. Register of movable and immovable properties.- (1) A public trust shall prepare and maintain a register of all movable and immovable properties (not being property of a trifling value) of such trust in such form or forms giving all such information, as may be prescribed by the Commissioner Devasthan.

(2) Such register shall show the jewels, gold, silver, precious stones, vessels and utensils and all other movable property belonging to the trust with their description, weight and estimated value.

(3) Such register shall be signed by all the trustees or by any person duly authorised by trustees in this behalf after verifying its correctness, and shall be made available to the auditor for the purpose of auditing if the accounts are required to be audited under the provisions of this Act. Where the accounts are not required to be audited, the trustees shall file a copy of such register duly signed and verified, with the Deputy or Assistant Commissioner Devasthan of the region.

(4) The auditor shall mention in the audit report whether such register is properly maintained or not, and the defects or inaccuracies, if any, in the said register and the trustees shall comply with the suggestions made by the auditor and rectify the defects or inaccuracies mentioned in the audit report within a period of three months from the date on which the report is sent to the trustees.

(5) Every year within three months from the date of balancing the accounting the accounts, the trustee or any person authorised by him shall scrutinize such register, and shall bring it up-to-date by showing alterations, omissions to the same, and such changes shall be reported to the Deputy or Assistant Commissioner Devasthan in the manner provided in section 25.

 

CHAPTER VII

CONTROL

 

46. Power of inspection and supervision.-  (l) The Commissioner Devasthan, the Deputy or Assistant Commissioner Devasthan or any officer authorised by the State Government by a general or special order shall have power-

(a)          to enter on and inspect or cause to be entered on and inspected any property belonging to a public trust;

(b)      to call for and inspect any proceedings of the trustees of any public trust, and any book of accounts or document in the possession or under the control of the trustees or any person connected with the trust;

(c)      to call for any return, statement, account or report which he may think fit from the trustees or any person connected with a public trust;

(d)      to get the explanation of the trustee or any person connected with the public trust and reduce or cause to be reduced to writing any statement made by him:

Provided that in entering upon any property belonging to the public trust the officers making the entry shall give reasonable notice to the trustee and shall have due regard to the religious practices or usages of the trust.

(2) It shall be the duty of every trustee to afford all reasonable facilities to any officer exercising any of the powers under sub-section (1) and the trustees or any persons connected with the public trust shall comply with any order made or direction issued by such officer in exercise of the power conferred upon him by or under sub-section (1).

(3) If on inspection of the affairs of a public trust under this section, it is noticed by the Deputy or Assistant Commissioner Devasthan or the officer authorised under sub-section (1) that there is a loss caused to the public trust on account of gross negligence, breach of trust, misapplication or misconduct on the part of a trustee or any person connected with the trust, the Deputy or Assistant Commissioner Devasthan may submit a report thereof to the Commissioner Devasthan, and the officer so authorised, to the Deputy or Assistant Commissioner Devasthan.

47. Explanation on report of auditor or on complaint.-On receipt of a report of the auditor under section 41 or of a report, if any, made by an officer authorised under section 46 or on receipt of a complaint in respect of any trust the Deputy or Assistant Commissioner, Devasthan to whom the report is submitted or complaint is made shall require the trustee or any other person concerned to submit an explanation thereon within such period as he thinks fit.

48. Report to Commissioner, Devasthan .-On considering the report referred to in section 47 the accounts or explanation, if any, furnished by the trustees or any other person connected with the public trust and after holding an inquiry in the prescribed manner, the Deputy or Assistant Commissioner, Devasthan shall record his finding on the question whether or not a trustee or the person connected with the trust has been guilty of gross negligence, breach of trust, misappropriation or misconduct which resulted in loss to the trust, and make a report thereof to the Commissioner, Devasthan.

 

            49. Power of Commissioner, Devasthan to issue orders on report received under section 48 or to remand matter, etc. - The Commissioner, Devasthan may, after considering the report of the Deputy or Assistant Commissioner, Devasthan, giving an opportunity to the person concerned and holding such inquiry as he thinks fit,-

(i)            determine-

(a)        the amount of loss caused to a public trust;

(b)        whether such loss was due to any gross negligence, breach of trust; misapplication or misconduct on the part of any person;

(c)        whether any of the trustees, or any person connected with the public trust was responsible for such loss;

(d)        the amount which any of the trustees or any person connected with the public trust is liable to apply to the public trust for such loss, or,

(ii )  remand the matter for further inquiry to the officer who made the report or to any other officer as he thinks fit or, for reasons to be recorded in writing, compromise the matter or may drop the matter if a suit is instituted for obtaining a decree for a direction for taking accounts under section 59.

 

            50. Order of surcharge.-  (1) If the Commissioner Devasthan decides that any person connected with the trust is liable to the public trust any amount for the loss caused to the trust, the Commissioner, Devasthan may direct that the amount shall be surcharged on the person.

(2) Subject to the provisions of section 103 the order of the Commissioner Devasthan under sub-section (1) shall be final and conclusive.

            51. Power of Commissioner, Devasthan to issue directions for proper administration of the trust-  (1) Subject to the provisions of this Act, the Commissioner, Devasthan may from time to time issue directions to any trustee of a public trust or any person connected therewith, to ensure that the trust is properly administered, and the income thereof is properly accounted for or duly appropriated and applied to the objects and for the purposes of the trust: and the Commissioner, Devasthan may also give directions to the trustees or such person if he finds that any property of the trust is in danger of being wasted, damaged, alienated or wrongfully sold, removed or disposed of.

            (2) It shall be the duty of every trustee or of such person to comply with the directions issued under sub-section (1).

52. Power of Commissioner Devasthan and State Government to issue directions in respect of hospitals, etc. to earmark certain beds etc., for poorer patients to be treated free of charge or at concessional rates.-  (1) Notwithstanding anything contained in any law for the time being in force or in any instrument of trust or in any contract or in any judgment, decree or order of any Court or Tribunal, the Commissioner, Devasthan or other competent authority, may issue directions to any State aided public trust, whose annual expenditure exceeds five lakhs of rupees, or such other limit as the State Government may, from time of time, by notification in the official Gazette, specify, with a view to making essential medical facilities available to the poorer classes of the people, either free of charge or at concessional rates. It shall lawful for the Commissioner, Devasthan, subject to such general or special order as the Government may, from time to time, issue in this behalf, to issue all or any of the following directions to the trustees of, or persons connected with, any such trust, which maintains a hospital (including any nursing home or maternity home), dispensary or any other centre for medical relief (hereinafter in this section referred to as "the medical centre") namely:-

(a)          having regard to the accommodation and facilities available to keep admission to the medical centre open to any person without any discrimination on the ground of religion, race, caste, sex, place of birth, language or any of them;

Provided  that,  where  a   medical   centre  is  exclusively for females, treatment for any males at such centre shall not be insisted upon;

(b)          to reserve and earmark ten per cent of the total number of operational beds and ten per cent of the total capacity of patients treated at such medical centre, for medical examination and treatment in each department of the medical patients seeking admission or treatment, who shall be medically examined and treated and admitted, as the case may be free of charge;

(c)          to reserve and earmark ten per cent of the total number of operational beds and ten per cent of the total capacity of patients treated at such medical centre, for medical examination and treatment in each department of the medical centre, in such manner as may be specified in the directions, for the weaker sections of the people seeking admission for medical examination and treatment, who shall be charged according to such rates as the State Government may, by general or special order , determine from time to time having regard to the rates charged by the State Government in the corresponding medical centres maintained by it;

(d)          to comply with such other incidental or supplemental requirements as may be specified in the directions or in any general or special order issued thereunder:

Provided that while issuing any directions as aforesaid the Commissioner, Devasthan shall take into consideration such facilities as are already made available by any such medical centre and having regard to the availability of such facilities may give appropriate directions if any, consistent with and subject to the percentage specified in clauses (b) and (c).

(2) (a) It shall be lawful for the officer duly authorised by the State Government in this behalf, or for the Commissioner, Devasthan by himself or through his representative duly authorised by him in this behalf, to verify implementation of the directions given under sub-section (1) to any medical centre, and for that purpose, visit, inspect and call for information and returns periodically or otherwise.

(b)   It shall be the duty of every trustee of, or person connected with, such medical centre to comply with the directions issued under sub-section (1) and to afford all reasonable facilities and assistance required by the said officer or the Commissioner, Devasthan or his representative for verification of the implementation of such directions under clause (a) and to comply with the requirements thereunder.

(c)   In case there arises any dispute relating to the interpretation, implementation or any matter whatsoever in respect of any direction issued under sub-section (1), it shall be referred to the State Government, through the Commissioner, Devasthan, for appropriate directions.

(3) Nothing in sub-sections (1) and (2) shall prejudicially affect any medical facilities of whatever nature which any such State-aided public trust has provided by virtue of any condition subject to which any grant, exemption, concession, etc. referred to in clause (a) of sub-section (4) has been granted or received by it.

 

            (4) For the purposes of this section-

(a)    "State-aided public trust" means a public trust exclusively for medical relief  or   for   medical   relief  and   other   charitable   purpose,   which maintains   a   hospital   (including  any  nursing  home   or   maternity  home), dispensary or any other centre for medical relief, and which-

(i)            has received any grant of land or building, either on ownership basis or on lease or leave and licence, at a nominal or concessional rate, from the State Government or the Central Government or any local authority; or

(ii)                 has been given by the State Government any exemption or permission to continue to hold any vacant land under section 20 or 21 of the Urban Land (Ceiling and Regulation)Act, 1976 (Central Act No. XXXIII of 1976); or

(iii)         has been given any concessions or exemption or relaxation of a substantial nature from the Development Control Rules by any competent authority for the purposes of the trust; or

(iv)         has received any loan or guarantee or any non-recurring grant in-aid or other financial assistance or is receiving any recurring grant-in-aid   or   other   financial   assistance   from   the   State Government, the Central Government or any local authority;

(b)   " indigent person" means a person whose total annual income does not exceed three thousand and six hundred rupees or such other limit as the State Government may, from time to time, by notification in the official Gazette, specify;

(c)    "person belonging to the weaker sections of the people" means a person who is not an indigent person, but whose income does not exceed fifteen thousand rupees per annum or such other limit as the State Government may, from time to time, by notification in the official Gazette, specify;

(d)     it shall be the duty of the governing body (by whatsoever name called) of every medical centre to get the category of a patient duly verified and recorded in a register kept for the purpose in the prescribed form before he is admitted or treated as a patient within the reserved fund earmarked percentage under sub-section (1). If there is any dispute as to the category of a patient, it shall be referred to the State Government, through the Commissioner, Devasthan for appropriate direction.

(5) Notwithstanding anything contained in the foregoing provisions of this section, any person, who desires to undergo an operation for sterilization or an intra­ocular operation or who desires to undergo any operation or medical treatment specified by the State Government in this behalf, shall not be entitled, and shall not be allowed, to seek admission in any hospital or other medical centre in the reserved or earmarked quota provided under this section.

 

            53. Power to institute inquiries.- (1) On receipt of a complaint in writing from any person having interest in respect of any public trust or suo motu the Commissioner Devasthan or Deputy or Assistant Commissioner Devasthan may institute an inquiry with regard to charities, or a particulars charity or class of charities either generally, or for particulars purposes.

(2) The officers aforesaid may either hold the inquiry themselves or entrust such inquiry to the officer authorised under sub-section (1) of section 46.

(3) For the purpose of any such inquiry, the officer holding the inquiry may, by notice, require any person to attend at a specified time and place and give evidence or produce documents in his custody or control which relate to any matter in question at the inquiry.

(4) For the purpose of any such inquiry, evidence may be taken on oath and the person holding the inquiry may for that purpose administer an oath under the Indian Oaths Act, 1873 (Central Act No. 10 of 1873), or may instead of administering an oath, on solemn affirmation require the person to make and subscribe declaration of the truth of the matters about which he is examined.

(5) The necessary expenses of any person of his attendance to give evidence or produce documents for the purpose of the inquiry shall be paid in the manner prescribed.

(6) After the completion of the inquiry, the person holding, the inquiry (not being the Commissioner, Devasthan) shall submit his report to the officer who entrusted such inquiry to him.

(7) The Deputy or Assistant Commissioner, Devasthan of the region concerned shall submit his own report or report received by him under this section to the Commissioner, Devasthan or he may proceed under section 47, if necessary, or send a copy of the report to the Commissioner, Devasthan with his remarks thereon. The Commissioner, Devasthan may, if he is satisfied that there is a prima facie case against the trustees, take such steps as are necessary under the provisions of this Act.

(8) The Commissioner, Devasthan may himself also call for the proceedings of any inquiry made under this section for such action as he may thinks fit.

54. Persons (other than Public Trusts) collecting moneys, etc. for religious or charitable purpose to inform Commissioner Devasthan of such collections forthwith etc.-  (l) Any person, (not being a public trust registered under this Act) collecting any money, subscription, donation or other property for religious or charitable purpose shall forthwith inform the Commissioner, Devasthan in writing of such collection and the purpose for which such collection is made.

(2) On receipt of such information, the Commissioner, Devasthan may, on making such inquiry as he deems fit, permit such collection to be continued subject to such condition as he deems fit, or may, after recording his reasons in writing in that behalf direct such person to stop making such collection forthwith and require such person to render an account of the collection made by him.

(3) It shall be the duty of every such person to comply with the directions or an order made by the Commissioner, Devasthan under sub-section (2).

55.   Suspension, removal   and   dismissal   of   trustees.- (1)   The   Commissioner Devasthan may, either on application of a trustee or any person interested in the trust, or on receipt of a report under section 53 or suo motu may suspend, remove or dismiss any trustee of a public trust, if he,-

(a)          makes persistent default in the submission of accounts, report or return;

(b)          wilfully disobeys any lawful orders issued by the Commissioner, Devasthan under the provisions of this Act or rules made thereunder by the State Government;

(c)          continuously neglects h'is duty or commits any malfeasance or misfeasance, or breach of trust in respect of the trust;

(d)          misappropriates or deals improperly with the properties of the trust of which he is a trustee; or

(e)          accepts any position in relation to the trust which is inconsistent with his position as a trustee;

(f)           if convicted of an offence involving moral turpitude.

 

(2) When the Commissioner, Devasthan proposes to take action under sub-section (1), he shall frame charges against the trustee or the person against whom action is proposed to be taken and give him an opportunity of meeting such charges, of testing the evidence adduced against him, and of adducing evidence in his favour. The order of suspension, removal or dismissal shall state the charges framed against the trustee, his explanation and the finding on each charge, with the reasons therefore.

 

(3) Pending disposal of the charges framed against a trustee the Commissioner, Devasthan may place the trustee under suspension.

 

(4) Where the Commissioner, Devasthan has made an order suspending, removing or dismissing any trustee and such trustee is the sole trustee or where there are more than one trustee and the remaining trustees, according to the instrument of trust, cannot function or administer the trust without the vacancy being filled, then in that case the Commissioner, Devasthan shall appoint a fit person to discharge the duties and perform the function of the trust, and such person shall hold office only until a trustee is duly appointed according to the provisions of the instrument of trust.

(5) A trustee, aggrieved by an order made under sub-section (1), may, within ninety days from the date of communication of the order of suspension, removal or dismissal, apply to the Court against such order.

 

(6) An appeal shall lie to the High Court against the decision of the Court under sub-section (5) as if such decision was a decree from which an appeal ordinarily lies.

 

(7) The order of the Commissioner, Devasthan shall, subject to any order of the Court or in appeal, be final.

56. Power to act for protection of Charities.- (1) Where it is brought to the notice of the Commissioner, Devasthan either by the Deputy or Assistant Commissioner, Devasthan through his report or by an application by at least two persons having interest supported by affidavit-

(a)          that any trust property is in danger of being wasted, damaged or improperly alienated by any trustee or any other person, or

(b)          that the trustee or such person threatens or intends to remove or dispose of that property;

the Commissioner, Devasthan may by order grant a temporary injunction or make such other order for the purpose of and preventing the wasting, damaging, alienation, sale, removal or disposition of such property, on such terms as to the duration of injunction, keeping an account, giving security, production of the property or otherwise as he thinks fit.

(2) The Commissioner, Devasthan shall in all such cases, except where it appears, that the object of granting injunction would be defeated by delay, before granting an injunction, give notice of the facts brought to the notice of the trustee, or the person concerned.

 

(3) After hearing the trustee or person concerned and holding such inquiry as he thinks fit, the Commissioner, Devasthan may confirm, discharge or vary or set aside the order of injunction or pass any other appropriate order.

 

(4) In case of disobedience or breach of any injunction, any of its terms or any order passed under this section, the Commissioner, Devasthan may apply to the Court, which may, after hearing the Commissioner, Devasthan and the party affected, order the property of such person, guilty of such disobedience or breach to be attached and may also order such person to be detained in jail for a term not exceeding six months. No attachment under this sub-section shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, the property attached may be sold, and out of the proceeds, the Court may award such compensation as it thinks fit, and shall pay the balance, if any, to the person entitled thereto, and thereupon, the temporary injunction granted, or any order passed, by the Commissioner, Devasthan, under this sub-section, if in force shall stand vacated, or as the case may be cancelled.

 

(5) A trustee or a person against whom the order of injunction or any other order under this section is passed, may, within ninety days of the date of communication of such order, appeal to the Court against such order.

 

 (6) The order of the Court attaching the property of such person or detaining such person in civil prison shall be a decree appealable to the High Court.

 

(7) The order of the Commissioner, Devasthan  shall, subject to any order of the Court or in appeal, be final.

CHAPTER VIII

OTHER FUNCTIONS AND POWERS OF COMMISSIONER, DEVASTHAN

 

57. Commissioner, Devasthan to be corporation sole. - The Commissioner, Devasthan shall be a corporation sole by the name of Commissioner, Devasthan of the State of Rajasthan and shall have a perpetual succession and a common seal and may sue and be sued in his corporate name,

58. The Commissioner, Devasthan to be Treasurer of Charitable Endowments under Central Act No. Act VI of 189O.- Notwithstanding anything contained in the Charitable Endowments Act, 1890 (Central Act No. VI of 1890), the Commissioner, Devasthan shall have the following powers:-

(a)                power to modify or substitute the scheme for the administration of any charitable endowment framed under the Charitable Endowments Act, 1890 (Central Act No.VI of 1890), after hearing the State Government and the administrator under section 61,

(b)          power to exercise powers under section 46, and

(c)          power to change the administrator after hearing and in consultation with the State Government if the endowment is not being properly administered.

59. Power of Commissioner, Devasthan to appoint, suspend, remove or discharge trustees and invest property to new trustees.- (l) Any person interested in a public trust may apply to the Commissioner, Devasthan for the appointment of a new trustee, where there is no trustee for such trust or the trust cannot be administered until the vacancy is filled, or for the suspension, removal or discharge of a trustee, when a trustee of such trust, -

(a)          disclaims or dies;

(b)          is for a continuous period of six months absent from India without the leave of the Commissioner, Devasthan or the Deputy or Assistant Commissioner, Devasthan or the officer authorised by the State Government in this behalf;

(c)          leaves India for the purpose of residing abroad;

(d)          is declared as insolvent;

(e)          desires to be discharged from the trust;

(f)           refuses to act as a trustee;

(g)          becomes in the opinion of the Commissioner, Devasthan unfit or physically incapable to act in the trust or accepts a position which is inconsistent with his position as trustee;

(h)          in any of the cases mentioned in Chapter III, is not available to administer the trust; or

(i)            is convicted of an offence punishable under this Act or an offence involving moral turpitude.

 

(2) The Commissioner, Devasthan may, after hearing the parties and making such enquiry as he may deem fit, by order appoint any person as a trustee or may also remove or discharge any trustee for any of the reasons specified in sub-section (1).

 

(3) In appointing a trustee under sub-section (2), the Commissioner, Devasthan shall have regard—

(a)          to the wishes of the author of that trust;

(b)          to the wishes of the persons, if any, empowered to appoint a new trustee;

(c)          to the question whether the appointment will promote or impede the execution of the trust;

(d)          to the interest of the public or the section of the public who have interest in the trust; and

(e)          to the custom and usage of the trust.

 

(4) It shall be lawful for the Commissioner, Devasthan upon making any order appointing a new trustee under sub-section (2) either by the same or by any subsequent order to direct that any property subject to the trust shall vest in the person so appointed and thereupon it shall so vest.

 

(5) The order of the Commissioner, Devasthan under sub-section (2) shall be deemed to be the decree of the Court and an appeal shall lie therefrom to the High Court.

60. Suit by or against or relating to public trusts or trustees or others.-In any case,-

(i)         where it is alleged that there is a breach of a public trust, negligence, misapplication or misconduct on the part of a trustee or trustees,

 (ii)  where a direction or decree is required to recover the possession of or to follow a property belonging or alleged to be belonging to a public trust or the proceeds thereof or for an account of such property or proceeds from a trustee, ex-trustee, alienee, trespasser or any other person including a person holding adversely to the public trust but not a tenant or licensee,

 (iii)   where   the   direction   of  the   Court   is   deemed   necessary   for  the  administration of any public trust, or

(iv)   for any declaration or injunction in favour of or against a public trust or trustee or trustees or beneficiary thereof,

the Commissioner, Devasthan after making such enquiry as he thinks necessary, or two or more persons having an interest in case the suit is under sub-clauses (i) to (iii), or one or more such persons in case the suit is under sub-clause (iv) having obtained the consent in writing of the Commissioner, Devasthan as provided in section 62 may institute a suit whether contentious or not in the Court within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situated, to obtain a decree for any of the following reliefs:—

(a)          an  order for the  recovery of the  possession of such  property or proceeds thereof;

(b)          the removal of any trustee or manager;

(c)          the appointment of a new trustee or manager;

(d)          vesting any property in a trustee;

(e)          a direction for taking accounts and making certain enquiries;

(f)           an order directing the trustees or others to pay to the trust the loss caused to the same by their breach of trust, negligence, misapplication, misconduct or wilful default;

(g)          a declaration as to what proportion of the trust or property or of the interest therein shall be allocated to any particular object of the trust;

(h)          a direction to apply the trust property or its income cypres on the lines of section 68 if this relief is claimed along with any other relief mentioned in this section;

(i)            a direction authorising the whole or any part of the trust property to be let, sold, mortgaged or exchanged or in any manner alienated on such terms and conditions as the court may deem necessary;

(j)            the settlement of a scheme, or variations or alterations in a scheme already settled;

(k)          an order for amalgamation of two or more trusts by framing a common scheme for the same;

(l)            an order for winding up of any trust and applying the funds for other charitable purposes;

(m)         an order for handing over of one trust to the trustees of some other trust and deregistering such trust;

(n)          an order exonerating the trustees from technical breaches, etc.;

(o)          an order varying, altering, amending or superseding any instrument of trust;

(p)          declaration or denying any right in favour of or against a public trust or trustee or trustees or beneficiary, thereof and issuing injunctions in appropriate cases; or

(q)          granting any other relief as the nature of the case may require which would be a condition precedent to or consequential to any of the aforesaid relief or is necessary in the interest of the trust:

Provided that no suit claiming any of the relief specified in this section shall be instituted in respect of any public trust, except in conformity with the provisions thereof:

Provided further that the Commissioner, Devasthan may instead of instituting a suit make an application to the Court for a variation or alteration in a scheme already settled:

Provided also that the provisions of this section and other consequential provisions shall apply to all public trusts, whether registered or not or exempted from the provisions of this Act under sub-section (4) of section 1.

 

61. Power of Commissioner, Devasthan to frame, amalgamate, or modify schemes.- (1) Notwithstanding anything contained in section 60, where the Commissioner, Devasthan has reason to believe that, in the interest of the proper management or administration of a public trust, a scheme should be settled for it, or where two or more persons having interest in a public trust make an application to him in writing in the prescribed manner that, in the interest of the proper management or administration of a public trust, a scheme should be settled for it, the Commissioner, Devasthan may, if, after giving the trustees of such trust due opportunity to be heard, he is satisfied that it is necessary or expedient so to do, frame a scheme for the management or administration of such public trust.

(2) Where the Commissioner, Devasthan is of opinion that in the interest of the proper management or administration, two or more public trusts may be amalgamated by framing a common scheme for the same, he may, after—

(a)          publishing a notice in the Official Gazette and also if necessary in any newspaper which in the opinion of the Commissioner, Devasthan is best circulated  to bring to the notice of persons likely to be interested in the trust with a wide circulation in the region in which the trust is registered, and

(b)          giving the trustees of such trusts and all other interested persons due opportunity to be heard,

frame a common scheme for the same.

 (3) The Commissioner, Devasthan may, at any time, after hearing the trustees, modify the scheme framed by him under sub-section (1) or sub-section (2).

 

(4) The scheme framed under sub-section (1) or sub-section (2) or modified under sub-section (3) shall, subject to the decision of the competent court under section 103, have effect as a scheme settled or altered, as the case may be, under a decree of a Court under section 60.

62. Consent of Commissioner, Devasthan for institution of suit.- (l) If the persons having an interest in any public trust intend to file a suit of the nature specified in section 60, they shall apply to the Commissioner, Devasthan in writing for his consent. If the Commissioner, Devasthan after hearing the parties and making such enquiries (if any) as he thinks fit is satisfied that there is a prima facie case, he may within a period of six months from the date on which the application is made, grant or refuse his consent to the institution of such suit. The order of the Commissioner, Devasthan refusing his consent shall be in writing and shall state the reasons for the refusal.

(2) If the Commissioner, Devasthan refuses his consent to the institution of the suit under sub-section (1) the persons applying for such consent may file an appeal to the state government.

(3) In every suit filed by persons having interest in any trust under section 60, the Commissioner, Devasthan shall be a necessary party.

(4) Subject to the decision of the State Government in appeal under section 102, the decision of the Commissioner, Devasthan under sub-section (1) shall be final and conclusive.

            63. Non-application of sections 92 and 93 of Civil Procedure Code to public trusts.-(l) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act No. V of 1908), the provisions of section 92 and 93 of the said Code shall not apply to the public trusts.

            (2) If on the date of the application of the Act to any public trust any legal proceedings in respect of such trust are pending before any Civil Court of competent jurisdiction to which the Advocate General or the Collector exercising the powers of the Advocate General is a party, the Commissioner, Devasthan shall be deemed to be substituted in those proceedings for the Advocate General or the Collector, as the case may be, and such proceedings shall be disposed of by such Court.

(3) Any reference to the Advocate General made in any instrument, scheme, order or decree of any Civil Court of competent jurisdiction made or passed, whether before or after the said date, shall be construed as reference to the Commissioner, Devasthan.

            64. Suit against assignee for valuable consideration not barred by time.- Notwithstanding anything contained in the Indian Limitation Act, 1963 no suit against an assignee for valuable consideration of any immovable property of the public trust which has been registered or is deemed to have been registered under this Act for the purpose of following in his hands, such property or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time.

65. Bequest under will for benefit of public trust.-(l) Where under any will a bequest has been made in favour of a public trust or where such bequest itself creates a public trust, it shall be the duty of the executor under the will to forward a copy thereof to the Deputy or Assistant Commissioner, Devasthan for the region or sub-region where such trust may have been, or is required to be, registered.

(2) No probate of any such will or letters of administration with such will annexed shall be granted by any Court whatsoever unless it is satisfied that a copy of such will has been forwarded to the Deputy or Assistant Commissioner, Devasthan as provided by sub-section (1).

66. Dharmada- (l) Where according to the custom or usage of any business or trade or the agreement between the parties relating to any transaction any amount is charged to any party of the said transaction or collected under whatever name, as being intended to be used for a charitable or religious purpose the amount so charged or collected  (in this Act called  "dharmada") shall vest in the person charging or collecting the same as a trustee.

(2) Any person charging or collecting such sums shall within three months from the expiration of the year for which his accounts are ordinarily kept submit an account in such form as may' be prescribed to the Deputy or Assistant Commissioner, Devasthan.

(3) The Deputy or Assistant Commissioner, Devasthan shall have the power to make such enquiry as he thinks fit to verify the correctness of the account submitted and may pass order for the disposal of the amount in the manner prescribed.

(4) The provisions of Chapter IV shall not apply to dharmada.

67. Cypres.- (l) If upon an application made to him or otherwise the Commissioner, Devasthan is of opinion that -

(a)          the original object for which the public trust was created has failed;

(b)          the income or any surplus balance of any public trust has not been utilised or is not likely to be utilised;

(c)          in the case of a public trust other than a trust for a religious purpose, it is not in public interest expedient, practicable, desirable, necessary or proper to carry out wholly or partially the original intention of the author of the public trust or the object for which the public trust was created and that the property or the income of the public trust or any portion thereof should be applied to any other charitable or religious object, or

(d)          in any of the cases mentioned in sections 12 to 15 or in regard to the appropriation of the dharmada sums held in trust under section 66 the direction of the court are necessary, 

the Commissioner, Devasthan shall require   the   trustees to apply within the prescribed time for directions to the Court within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situated and the trustees shall comply with such requisition.

(2) If the trustees fail to make the application as required under sub-section (1) or if the Commissioner, Devasthan himself is a trustee or if there is no trustee of the public trust, the Commissioner, Devasthan shall make an application to the court.

68. Court's power to hear application.- (1) On such application being made, the Court after hearing the parties and the Commissioner, Devasthan and making an inquiry shall decide the matter and shall give directions. In giving the directions, the court, shall, so far as may be expedient, practicable, desirable necessary or proper in public interest, give effect to the original intention of the author of the public trust or the object for which the public trust was created. If the Court is of opinion that the carrying out of such intention or object is not wholly or partially expedient, practicable, desirable necessary or proper in public interest, the court may direct the property or income of the public trust or any portion thereof to be applied cy pres to any other charitable or religious object. In doing so, it shall be lawful for the court to alter any scheme settled or to vary the terms of any decree or order already passed in respect of the public trust or the conditions contained in the instrument of the public trust.

(2) Any decision or order passed by the Court under sub-section (1) shall be deemed to be a decree of such court and an appeal shall lie therefrom to the High Court.

69. Powers of trustee to apply for directions.-  (1) Save as hereinbefore provided in this Act, any trustee of a public trust may apply to the Court, within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situate, for the opinion, advice or direction of the Court on any question affecting the management or, administration of the trust property or income thereof and the Court shall give its opinion, advice, or direction, as the case may be, thereon:

Provided that the Court shall not be bound to give such opinion, advice or direction on any question which it considers to be a question not proper for summary disposal.

(2) The Court, on an application under sub-section (1), may give its opinion, advice or direction thereon after giving notice to the Commissioner, Devasthan. The Court before giving any opinion, advice or direction shall afford a reasonable opportunity of being heard to all persons appearing in connection with the application.

(3) A trustee stating in good faith the facts of any matter relating to the trust in an application under sub-section (1), and acting upon the opinion, advice or direction of the Court given thereon, shall be deemed as far as his own responsibility is concerned, to have discharged his duty as such trustee in the matter in respect of which the application was made.

(4) No appeal shall lie against the opinion, advice or direction given under this section.

70. Proceedings involving question affecting public charitable or religious purpose.- (1) In any suit or legal proceedings in which any question affecting a public religious or charitable purpose is involved, the Court shall not proceed to determine such question until after notice has been given to the Commissioner, Devasthan.

(2) If upon the receipt of such notice or otherwise the Commissioner, Devasthan makes any application in that behalf, he shall be added as a party at any stage of such suit or proceedings.

 (3) In this section "Court" shall mean any Civil Court of competent jurisdiction in the State of Rajasthan.

 

CHAPTER - IX

SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE INSTITUTIONS AND ENDOWMENTS WHICH VESTS IN, OR THE MANAGEMENT OF WHICH VESTS IN, THE STATE GOVERNMENT

 

71. Provisions of Chapter IX to apply to certain endowments.- (1) The provisions of this Chapter shall apply to every temple, mosque or endowment created for a public religious or charitable purpose (hereinafter in this chapter referred to as "the endowment"), which vests in, or the management of which vests in, the State Government and which--

(a)          has been registered under the provisions of this Act, or

(b)          is declared by the State Government by notification in the Official Gazette, after such inquiry as it thinks fit, and after previous publication, to be a public trust.

On such declaration such endowment shall be deemed to be a registered public trust for the purposes of this Act and the provisions of Chapter IV relating to the registration of public trusts, shall, as far as may be, apply to the making of entries in the register kept under section 20, provided that such entries shall also conform to the provisions of this Chapter. The entries so made shall be final and conclusive.

 

(2) The State Government shall, as soon as may be after the commencement of this Chapter, publish in the Official Gazette, a list of such endowments as are registered as or declared to be, public trusts, and the State Government may, by like notification and in like manner, add to or delete from such list any endowment entered therein.

72. Vesting, or transfer of management of certain endowments- The State Government shall, from such date as it determines, and in the manner hereinafter provided, transfer the endowment, or the management thereof to a committee (hereinafter referred to as "committee") and thereupon such endowment together with all the immovable or movable property appertaining thereto, or as the case may be, management thereof shall vest in the members of such committee; and the members of the committee shall be the trustees of such endowment within the meaning and for the purposes of this Act.

73. Committees of management. -  (1) Notwithstanding anything contained in sections 59 and 60 for the purpose of vesting or transferring the management of the endowment under the provisions of this Chapter, to a committee the State Government shall, by notification in the Official Gazette, appoint (under such name as may be specified in the notification) one or more committees for one or more districts as the State Government may think fit.

(2) The committee shall have power to acquire, hold and dispose of property, subject to such conditions and restrictions as may be prescribed, and may sue and be sued in the names of all the members of the committee.

(3) A committee shall consist of not less than five and not more than seven members and the members in the case of a religious endowment shall, and in any other case may, be appointed from amongst persons professing the religion or belonging to the religious denomination (or any section thereof), for the purposes of which or for the benefit of whom the endowment was founded, or is being administered. The members shall be appointed, as far as possible, and in accordance so far as can be ascertained with the general wishes of those who are interested in the administration, of such endowment.

74. Terms of office of members of committee.- (1) A member shall be appointed to a committee for a period of five years, but shall be eligible for re-appointment.

(2) A member may, by writing under his hand addressed to the State Government resign his membership of a committee:

Provided that such registration shall not take effect until the registration has been accepted by the State Government.

75. Disqualification of membership.-  (1) A person shall be disqualified for appointment as, or for being, a member of a committee if he—

(a)               is a minor;

(b)         has been convicted by a criminal court of any offence involving moral turpitude;

(c)         is of unsound mind, and is so declared by a competent court;

(d)         is an undischarged insolvent;

(e)         has directly or indirectly interest in a lease or any other transaction relating to the property vesting in the committee;

(f)          is a paid servant of the committee or has any share or interest in a contract for the supply of goods to, or for the execution of any works, or the performance of any service, undertaken by the committee in respect of the endowment;

(g)         is found to be guilty of misconduct by the State Government;

(h)         in the case of a religious endowment ceases to profess the religion or to belong to  the  religious  denomination  for  which  the  committee is appointed; or

(i)           is otherwise unfit.

 

(2) If it appears to the State Government that a member has incurred any of the disqualifications aforesaid, the State Government may, after giving such member an opportunity of showing cause, and after considering any such cause shown remove such person from membership and the decision of the State Government shall be final.

(3) Notwithstanding anything contained in any other law for the time being in force, a member of the committee shall not be disqualified from being chosen as and for being a member of, the Rajasthan Legislative Assembly or any other local authority by reason only of the fact that he is a member of such committee.

 

76. Power of Government to appoint new member.-  The State Government may appoint a new member when a member of a committee -

(a)          resigns or dies;

(b)          is for a continuous period of six months absent from India without leave of the Commissioner Devasthan;

(c)          leaves India for the purpose of residing abroad;

(d)          desires to be discharged;

(e)          refuses to act; or

(f)           is removed by the State Government.

77. Chairman and treasurer of committee.- (1) The State Government shall from amongst the members of a committee appoint a chairman and shall also appoint a treasurer.

(2) The State Government may direct that the chairman, treasurer and other members of the committee may be paid such honorarium or fees and allowances from the Management Fund constituted under section 86 and in such manner as may be prescribed.

78. Meeting of and procedure for committee.- The committee shall meet at such intervals and follow such procedure in exercising the powers and discharging its duties and functions as may be prescribed; but the day-to-day proceedings and routine business shall be despatched in accordance with regulations made by it, and approved by the State Government.

79. Power of committee to appoint sub-committees.-  A committee may by resolution appoint such sub-committees as it may think fit, and may delegate to them such powers and duties as it specifies in the resolution; and a committee or sub-committee may associate with itself, generally or for any particular purpose, in such a manner as may be determined by regulations, any person who is not a member, but whose assistance or advice it may desire; and the person associated as aforesaid shall have the right to take part in the discussions of the committee or sub­committee, relevant to that purpose, but shall not have the right to vote at any meeting thereof.

80. Secretary and other officers of committee.- (1) The State Government may appoint a Secretary to the committee.

(2) The committee may appoint such officers (other than the Secretary) and servants as it thinks necessary for the efficient performance ,of the duties and functions of the committee under this Act:

Provided that no officer or servant who is paid or is to be paid salary of over one hundred rupees per mensum shall be appointed by a committee without the previous approval of the State Government.

81. Terms and conditions of service of secretary and other servants.- (1) The secretary, officers and servants shall be appointed on such terms and conditions as to service as may be prescribed by rules or, as the case may be, by regulations made by the committee.

(2) The salary and allowances of the secretary, officers and servants of the committee shall be paid out of the Management Fund.

82. General duties of the committee.- (1) Subject to the general and special orders of the State Government, it shall be the general duty of a committee to manage and administer the affairs of the endowment which vests in, or the management of which vests in it. It shall be the duty of a committee to so exercise the powers conferred and discharge the duties and functions imposed upon it, by or under this Act or under any instrument of trust, or a scheme, for the time being in force relating to such endowment as to ensure that such endowment is properly maintained, controlled and administered and the income thereof is duly applied to the object and purposes for which it was created, intended or to be administered.

(2) In particular, but without prejudice to the generality of the foregoing provision, a committee shall—

(a)          maintain a record' containing information relating to the origin, income, object and the beneficiaries of every such endowment;

(b)          prepare a budget estimating its income and expenditure;

(c)          make regular payment of salaries and allowances and other sums payable to the Secretary, officers and servants of a committee from the Management Fund;

(d)          keep separate accounts for each such endowment;

(e)          ensure that the income and property of the endowment are applied to the objects and for the purposes for which such endowment was created, intended or is to be administered;

(f)           take measures for the recovery of lost properties of any such endowment;

(g)          institute and defend any suits and proceedings in a court of law relating to such endowment;

(h)         supply such returns, statistics, accounts and other information with respect to such endowment as the State Government may from time to time, require;

(i)           inspect or cause the inspection of the properties of such endowment; and

(j)            generally do all such acts as may be necessary for the proper control,maintenance and administration of such endowment.

 

83. Act of committee not invalid by reason of vacancy or defect. - No act or proceeding of a committee shall be invalid by reason only of the existence of any vacancy amongst its members, or any defect in the constitution thereof.

84. Power of State Government to issue directions. - The State Government may, from time to time, for the better management or administration of any endowment issue directions to a committee.

85. Power of Commissioner Devasthan to require duties of committee to be performed and to direct expenses in respect thereof to be paid from fund of committee, etc. - The Commissioner, Devasthan may, with the previous sanction of the State Government, provide for the performance of any duty, which a committee is bound to perform under the provisions of this Act, or the rules or directions made or given thereunder, and may direct that the expenses of the performance of such duty be paid by any person who may have from time to time the custody of any fund belonging to the committee. If such duty is in connection with any endowment the payment shall be made out of the funds belonging to the said endowment.

86. Management Fund.- (l) For each committee there shall be constituted a fund to be called the "Management Fund" which shall vest in, and be under the control of the committee.

(2) There shall be placed to the credit of every Management Fund-

(a)          the total balances (whether in cash, securities or in any other form) standing to the credit of any endowment held by the State Government immediately before such endowment or the management thereof is transferred to, and vested in, the members of the committee under section 72;

(b)          a sum not exceeding ten per cent of the gross annual income of each endowment transferred to, or under the management of, the members of the committee as the committee may, with the approval of the State Government fix in this behalf. In fixing such sum regard shall be had to the gross annual income of the endowment, the annual expenditure incurred to give effect to the objects and purposes for which or for the benefit of whom the endowment is founded, created, intended, or is being administered, the liability, if any, to which the endowment is subject, and any other factors which the State Government may either generally or specially specify in the case of any endowment or class of endowments;

(c)          the fees charged for inspection of proceedings of the committee, and the copies of records maintained by the committee;

(d)          any other sum which the 'State Government may by order specify in this behalf.

(3) The Management Fund shall, subject to the provisions of this Act and subject to any general or special order of the State Government, be applied to -

(i)        the payment of honorarium, fees and allowances of the chairman, treasurer and other members of the committee;

(ii)          the payment of salaries, allowances and other sums payable to the secretary, officers and servants of the committee;

(iii)         the payment of any expenses lawfully incurred by the committee in the exercise of its powers and in the performance of its duties and functions and provided by section 82.

(4) The custody and investment of the moneys credited to the Management Fund and the disbursement and payment therefrom and the audit of accounts of the Fund shall be regulated in the prescribed manner.

87. Power to supersede a committee.- (1) If the State Government is of opinion that a committee is unable to perform or has persistently made default in the performance of the duties imposed upon it by or under this Act, or has exceeded or abused its powers, the State Government may, by notification in the Official Gazette, supersede the committee for such period as may be specified in the notification:

Provided that, before issuing a notification under this sub-section, the State Government shall give a reasonable opportunity to the committee to show cause, why it should not be superseded and consider the explanations and objections, if any, of the committee.

(2) Upon the publication of a notification under sub-section (1) superseding a committee -

(a)          all the members of the committee shall, as from the date of supersession vacate their offices as such members;

(b)          all the powers, duties and functions which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the committee, shall, during the period of supersession, be exercised and performed by such person or persons as the State Government having regard to the provisions of sub-section (1) of section 75 may direct; and

(c)          all property vested in, or the management of which is vested in, the committee shall, during the period of supersession, vest in the State Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may -

(a)          extend the period of supersession for such further period as it may consider necessary, or;

(b)          reconstitute the committee in the manner provided in section 73.

88. Power of removal of members of committee and appointment of Administrator temporarily.- (l) Notwithstanding anything containing in this Chapter or any other provisions of this Act or in any judgment, decree, order or scheme of any Court, Commissioner, Devasthan or any other authority, where a committee of management has been appointed by the State Government under section 73 in respect of any endowment or endowments, and the State Government is of the opinion that for better management and administration of the endowments, the management of the said endowments should be taken over temporarily by the State Government and then should be governed by a scheme or schemes framed by the Commissioner, Devasthan or should be handed over again to the committee as reconstituted, the State Government may, by notification in the Official Gazette,--

(a)          terminate the appointment of all the existing members of the committee (including the Chairman and the Treasurer), even before the expiry of their term of office of five years, on and from such date as may be specified in the notification, whereupon they shall be deemed to have vacated their office on that date;

(b)          appoint a Government officer, from time to time, as the Administrator of the Committee, for such period not exceeding three years as may be specified   in   the   notification,   which   may   be   extended    by   like 'notification, from time to time, so, however, that the total period shall not exceed five years:

Provided that, if during the said period, the committee is reconstituted, the Administrator shall cease to hold his office from the day the committee is reconstituted or as and when any scheme is framed by the Commissioner, Devasthan in respect of any endowment, the Administrator shall cease to function in respect of that endowment from the day of scheme comes into operation.

(2) During the period the Administrator is holding his office, all the powers, duties and functions of the committee and its members and sub-committees, if any, under this Act or any other law for the time being in force, shall be exercised, performed and discharged by the Administrator and he shall be deemed to be the sole trustee in respect of the endowments under his management under section 72.

(3) The Administrator may delegate any of his powers, duties and functions to any officer or servant of the committee or, with the previous approval of the State Government, to any other Government officer.

(4) The Administrator and any other Government officer to whom he may have delegated any of his powers, duties and functions shall receive such salary and allowances from the Management Fund and be subject to such other conditions of service as the State Government may, by general or special order, determine. 

89. Power to make regulations.- (l) The committee may, with the approval of the State Government make regulations not inconsistent with this Act or the rules made thereunder for carrying out its functions under this Act.

(2) In particular but without prejudice to the generality of the foregoing provision, such regulations may provide for all or any of the following matters, namely:--

(i)         despatch of day-to-day proceedings and routine business of the committee, under section 78;

(ii)          the manner in which any person who is not a member of a committee, or sub-committee may be associated with such committee or sub­-committee, as the case may be, under section 79;

(iii)         terms and conditions of service of the servants of a committee under section 81.

90. Non-application of certain provisions of this Act to endowments.- Except so far as is expressly provided in the provisions of this Chapter nothing in sections 21, 22, 23, 69, 60, 93, 96 and 97 shall apply to the endowments to which this Chapter applies:

Provided that the provisions of this Chapter shall cease to apply to any such endowment in respect of which a scheme has been framed under section 61, and upon framing of such scheme, the other provisions of this Act, except sections 21, 22, 23 and 24, shall apply to such endowment.

 

CHAPTER X

PUBLIC TRUSTS ADMINISTRATION FUND

 

91. Public Trusts Administration Fund.- (l) There shall be established a fund to be called the Public Trusts Administration Fund. The Fund shall vest in the Commissioner, Devasthan.

(2) The following sum shall be credited to the said Fund, namely:-

(a)          fees leviable under section 21;

(b)          contributions made under section 92;

(c)          the amount from the funds or the portion thereof credited under section 95;

(d)          any sum received from a private person;

(e)          any sum allotted by the State Government or any other local authority.

92. Contribution by public trusts to Public Trusts Administration Fund.- (l) Subject to the provisions of this section, every public trust shall pay to the Public Trusts Administration Fund annually such contribution at a rate or rates not exceeding five percent, of the gross annual income, or of the gross annual collection or receipt, as the case may be, as may be notified, from time to time, by the State Government, by order published in the Official Gazette. The contribution shall be paid on such date and in such manner as may be prescribed. 

The contribution payable under this section shall—

(i)         in the case of a dharmada, be fixed at a rate or rates on the gross annual collection or receipts of the dharmada:

(ii)          in the case of public trusts, be fixed at a rate or rates on the gross annual income of such public trust.

Explanation 1.- For the purposes of this sub-section "gross annual collection or receipt" or "gross annual income" does not include any donations received by any dharmada or public trust from another dharmada or public trust registered under this Act.

 

Explanation 2 - For the purpose of this sub-section "gross annual income" means gross income from all sources in a year (including all donations and offerings), but does not include any payment made or anything given with a specific direction that it shall form part of the corpus of the public trust, nor include any deductions which the State Government may allow by rule:

Provided that the interest on income accruing from such payment made or thing given in the years following that in which they were given or made shall be taken into account in calculating the gross annual income.

(b) Where a public trust conducts a business or trade as one of its activities for the purpose of assessing the contribution as respects that activity, the net annual profits of such business or trade shall be treated as the gross annual income of the business or trade.

 

(2) The State Government may exempt from payment of contribution public trusts which are exclusively for the purpose of the advancement and propagation of education, or exclusively for the purpose of water conservation, or exclusively for the purpose of development of forest, horticulture or agriculture, or exclusively for the purpose of welfare of the Scheduled Castes, Scheduled Tribes, Denotified Tribes, Nomadic Tribes or women, or exclusively for the purpose of medical relief or veterinary treatment of animals, or exclusively for the purpose relief of distress caused by scarcity, drought, flood, fire or other natural calamity, and may also exempt from the payment of contribution any donations forming part of the gross annual income and which are actually spent on the relief of distress caused by scarcity, drought, flood, fire or other natural calamity. If any question is raised whether a trust falls in any exempted class of trusts or whether any donation are donations which qualify for exemption from contribution under this sub-section, the decision of the State Government on the question, obtained in the manner prescribed, shall be final.

(3) The State Government may, by order published in the Official Gazette, reduce, whether prospectively or retrospectively, the rate or rates at which the contribution fixed under sub-section (1) is payable by any class of public trusts and may in like manner remit the whole of such contribution or part thereof, regard being had to the nature of the objects of the class of public trusts, or the smallness of the income thereof.

(4) In determining the rate or rates of contribution to be notified under sub­-section (1) the State Government shall take into consideration the balance available in the Public Trusts Administration Fund and the estimated income and expenditure (including any capital expenditure) of the Charity Organisation and ensure that the levy has reasonable correlation with the services rendered or to be rendered or any expenditure incurred or to be incurred for carrying out the purposes of this Act. For this purpose, the rates of contribution may be increased or decreased, or reductions or remissions may be granted, from time to time, prospectively or retrospectively, by the State Government, by an order or orders made as provided in this section and published in the Official Gazette.

(5) Notwithstanding anything contained in the foregoing provisions in this section every trustee of a public trust liable to pay contribution shall, while filing a copy of the balance sheet and income and expenditure account under sub-section (2) of section 41, pay in advance the whole amount of the annual contribution of the public trust computed at the rate fixed under sub-section (1) of this section, according to the specified percentage of the gross annual income or of the gross annual collection or receipt, as the case may be, as shown in the balance sheet and income and expenditure account, in such manner, and subject to such adjustments to be made after the contribution payable is assessed, as may be prescribed.

93. Penalties as recovery of Contribution.- (1) If the trustee of a public trust (other than the Commissioner, Devasthan) or the person charging or collecting dharmada fails to pay the contribution under section 92 he shall be liable to penalties provided in section 96.

(2) The Commissioner, Devasthan may also make an order directing the bank in which or any person with whom any money belonging to the public trust are deposited to pay the contribution from money as may be standing to the credit of the public trust or may be in the hands of such person or may from time to time be recovered from or on behalf of the public trust by way of deposit by such bank or person and such bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such bank or person from all liability to the public trust in respect of any sum or sums so paid by it or him out of the moneys belonging to the public trust so deposited with the bank or person.

(3) Any bank or person who has been ordered under sub-section (2) to make the payment may appeal to the State Government and the State Government may, after making such inquiry as it thinks fit, confirm, modify or cancel such order.

94. Application of Public Trusts Administration Fund.- (l) The Public Trusts Administration Fund shall, subject to the provisions of this Act and subject to the general or special order of the State Government be applicable to the payment of charges for expenses incidental to the regulation of public trusts and generally for carrying into effect the provisions of this Act.

(2) The custody and investment of the moneys to be credited to the Public Trusts Administration Fund and the disbursement and payment therefrom shall be regulated and made in the prescribed manner.

95. State Government to direct crediting of funds constituted under Act in Schedule to Public Trusts Administration Fund constituted under this Chapter.- On the application of this Act to any public trust or class of public trusts which may have been registered under any of the Acts specified in Schedule A the State Government may direct that the Commissioner, Devasthan shall recover any arrears due under any such Act and the amount of any fund or for the administration of public trusts constituted under the said Act for the region or sub-region in which public trust or class of public trust was registered or any portion thereof including the arrears recovered by the Commissioner, Devasthan shall be credited to the Public Trusts Administration Fund constituted under this Chapter.

 

CHAPTER XI

OFFENCES AND PENALTIES

 

96. Penalty.- Whoever contravenes any provision of any of the sections mentioned in the first column of the following table shall, on conviction, for each such offence be punished with fine which may extend to the amount mentioned in that behalf in the third column of the said table.

Explanation. - The entries in the second column of the said table headed "Subject" are not intended as the definitions of offences described in the sections mentioned in the first column or even as abstracts of those sections, but are inserted merely as references to the subject of the sections, the numbers of which are given in the first column:-

 

Section Subject Fine which may be imposed

1

2

3

 

 

Rs.

Section        21,       sub-­sections (1) and (4)

Duty of trustee to make an application to Deputy or Assistant Commissioner, Devasthan  for registration of public trust within time.

1,000

Section   21,  sub-section (8)

Duty   of  trustee   to   send   memoranda   of movable  property  to  certain officers  and authorities within time.

200

Section 25

Failure to report a change

1,000 

Section 27

Failure to make an application within the time provided for

100

Section 28

Failure to send memoranda within the time provided for

100

Section 35

Duty   of   an   executor   to   apply   for   the registration  of a  public  trust within  the time provided for

1,000

Section 39

Duty to keep regular accounts

1,000 

Section 42

Failure   or  omission   to   invest   money   in public securities

1,000

Section 51

Failure without reasonable cause to comply with   any   directions   issued   under   that section

2,000

Section 93

Failure to pay contribution under section 92  by  a  trustee   (other  than  the  Commissioner, Devasthan) or by a person charging or collecting dharmada.

1,000

 

97. Other offences.- Whoever contravenes any of the provisions of this Act or the rules for which no specific penalty has been provided by this Act or fails without reasonable cause to comply with any order passed or direction issued under any of the provisions of this Act by the Commissioner, Joint Commissioner or Deputy or Assistant Commissioner Devasthan shall, on conviction, be punished with fine which may extend to Rs. 1,000.

 

CHAPTER XII

FUNCTIONS OF COMMISSIONER, DEVASTHAN PROCEDURE, JURISDICTION AND APPEALS

 

98. Duties, functions and powers of Deputy or Assistant Commissioner, Devasthan.- For the purposes of this Act, the following shall be the duties and functions to be performed and powers to be exercised by the Deputy or Assistant Commissioner, Devasthan for the region or sub-region for which he is appointed namely:-

(a)         to keep and maintain such books, entries and other documents as may be prescribed under section 20;

(b)         to hold an inquiry under section 22 or 25 for any of the purposes mentioned in the said section;

(c)          to record entries in the register kept under section 20 and to make amendments in the said entries or the cancellation of the entries under section 25;

(d)         to send a memorandum under section 34;

(e)         to enter on and inspect any trust property, to call and inspect any proceedings of trustee and to call for any return, statement, account or report from trustees or any person connected with a public trust under section 46;

(f)           to permit inspection of any statement, notice, intimation, account, audit note or any other document;

(g)         to exercise such other powers and to perform such duties and functions as may be prescribed.

99. Duties, functions and powers of Commissioner, Devasthan.- For the purposes of this Act, the following shall be the duties to be performed and powers to be exercised by the Commissioner, Devasthan, namely: -

(a)          the general superintendence of the administration and carrying out the purposes of this Act under section 3;

(b)          power to entertain and dispose of appeals from the findings of a Deputy or Assistant Commissioner Devasthan under sections 23, 25 and 33;

(c)          power to determine which of the Deputy or Assistant Commissioners, Devasthan shall proceed with an inquiry relating to the registration of any public trust under section 31;

(d)          power to direct a special audit of the accounts of a public trust under section 40;

(e)          power to require an auditor to forward to him a copy of a balance sheet and income and expenditure account under section 41;

(f)           power to permit a trustee to invest money of a public trust in any manner other than a public securities under section 42;

(g)          power to sanction a sale, mortgage, exchange, gift or lease of immovable property belonging to a public trust under section 43;

(h)          power to enter on and inspect any trust property, to call for and inspect any proceedings of a trustee, and to call for any return, statement, account or report from trustees or any person connected with a public trust under section 46;

(i)            power to hold an inquiry in regard to any loss caused to a public trust under section 49 and to order a surcharge under section 50;

(j)            power to act as the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890 (Central Act No. VI of 1980), under section 58;

(k)          power to act as trustee of a public trust;

(l)            power to file suit under section 60;

(m)         power to frame, or modify scheme under section 61;

(n)          power to give or refuse consent to the  institution of a  suit  under section 62;

(o)          power to give notice to trustees for the cy pres application of the trust money and to make an application to the Court under section 67;

(p)          to exercise  such  other powers and  perform  such  other duties and functions as may be prescribed.

100. Appeals from findings of Deputy or Assistant Commissioner, Devasthan.-  (1) An appeal   against  the  findings  or  order   of the   Deputy  or Assistant Commissioner, Devasthan may be filed to the Commissioner, Devasthan in the following cases:-

(a)          the finding and order, if any under section 23;

(b)          the finding under section 25;

(c)           the finding under section 26;

(d)          the finding under section 33;

(e)          the order under sub-section (3) of section 66;

(f)            an order confirming or amending the record under section 113.

 

(2) No appeal shall be maintainable after the expiration of sixty days from the recording of the finding or the passing of the order, as the case may be.

(3) The Commissioner, Devasthan may, after hearing the appellant or any person appearing on his behalf, for reasons to be recorded in writing, either annul, reverse, modify or confirm the finding or the order appealed against or he may direct the Deputy or Assistant Commissioner, Devasthan to make further inquiry or to take such additional evidence as he may think necessary or he may himself take such additional evidence.

101. Commissioner, Devasthan to call for and examine records and proceedings before Deputy or Assistant Commissioner, Devasthan.- (1) The Commissioner, Devasthan may in any of the cases mentioned in section 100, either suo motu or on application call for and examine the record and proceedings of such case before any Deputy or Assistant Commissioner, Devasthan for the purpose of satisfying himself as to the correctness of any finding or order recorded or passed by the Deputy or Assistant Commissioner, Devasthan and may either annul, reverse, modify or confirm the said finding or order or may direct the Deputy or Assistant Commissioner, Devasthan to make further inquiry or take such additional evidence as he may think necessary or he may himself take such additional evidence:

Provided that the Commissioner, Devasthan shall not record or pass any orders without giving the party affected thereby an opportunity of being heard.

(2) Nothing in sub-section (1) shall entitle the Commissioner, Devasthan to call for and examine the record of any case,-

(a)          during the period in which an appeal under section 100 can lie against any finding recorded by the Assistant or Deputy Commissioner, Devasthan in such case, or

(b)          in which an order has been passed either in an appeal made under section 100 or 102 or on application under section 103.

 

102. Appeal to State Government- (1) The appeal to the State Government under sub-section (2) of section 63 against the decision of the Commissioner, Devasthan refusing consent to the institution of the suit shall be filed within sixty days from the date of such decision in such form and shall be accompanied by such fee as may be prescribed.

(2) The State Government after making such inquiry as it thinks fit may confirm, revoke or modify the decision of the Commissioner, Devasthan.

(3) The decision of the State Government shall be final and conclusive.

103. Application from Commissioner, Devasthan's decision under sections 49, 50, 54 and 58 (a) and (c), 61, 100 or 101 etc.- (l) Any person aggrieved by the decision of the Commissioner, Devasthan's under section 49, 50, 54 and 58 (a) and (c), 61, 100 or 101 or on the questions whether a trust exists and whether such trust is a public trust or whether any property is the property of such trust  may, within sixty days from the date of the decision, apply to the court to set aside the said decision.

(2) No party to such application shall be entitled to produce additional evidence, whether oral or documentary, before the Court, unless the Deputy or Assistant Commissioner, Devasthan or the Commissioner, Devasthan has refused to admit such evidence which ought to have been admitted or the Court requires any document to be produced or any witness to be examined to enable it to pronounce judgement or for any other substantial cause the Court thinks it necessary to allow such additional evidence:

Provided that whenever such additional evidence is allowed to be produced by the Court, the Court shall record the reason for its admission.

(3) The court after taking evidence, if any, may confirm, revoke or modify the decision or remit the amount of the surcharge and make such orders as to costs as it thinks proper in the circumstances.

(4) Pending the disposal of an application under sub-section (3) all proceedings for surcharge shall be stayed if the person aggrieved makes out a prima facie case for a stay order.

(5) An appeal shall be to the High Court, against the decision of the court under sub-section (3) as if such decision was a degree from which an appeal ordinarily lies.

Explanation.—In this section, the expression "decision" shall include a scheme framed or modified under section 61.

 

104. Officers holding inquiries to nave powers of the civil court.-  In holding inquiries under this Act, the officer holding the same shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908 (Central Act No. V of 1908), in trying a suit-

(a)          proof of facts by affidavits;

(b)          summoning   and  enforcing   the   attendance   of   any   person   and examining him on oath;

(c)          ordering discovery and inspection, and compelling the production of documents;

(d)          issuing of commissions.

105. Power of Inquiry Officer to join persons as party to proceedings.- In any proceedings under this Act, any person having interest in the public trust may be joined as a party to such proceedings on an application made by such person on such terms and conditions as the officer holding the inquiry may order.

106. Inquiries to be judicial inquiries.- All inquiries and appeals under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219, and 228 of the Indian Penal Code, (Central Act No. XLV of 1960).

107. Commissioner, Devasthan, Joint Commissioner, Devasthan, Deputy or Assistant Commissioner, Devasthan, etc. to be deemed civil court within sections 480 and 482 of Criminal Procedure Code.- When the State Government so directs, the Commissioner, Joint Commissioner, Devasthan or Director of Accounts or any Deputy or Assistant Commissioner, Devasthan shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (IX of 1908).

108. Limitation.-  In computing the period of appeal under this Chapter, the provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1963, Central Act No. 36 of 1963 shall apply to the filing of such appeals.

109. Civil Procedure Code to apply to proceedings before Court under this Act.- Save in so far as they may be inconsistent with anything contained in this Act the provisions of the Code of Civil Procedure, 1908, shall apply to all proceeding before the court under this Act.

 

110. Recovery of sums due under section 21, 23, 50, 114, 116 or 117 or rules-  All sums payable under section 21, 23, 50, 114, 116 or 117 or under any rule, if not paid shall notwithstanding anything contained in any law be recoverable as an arrear of land revenue.

 

CHAPTER XIII

MISCELLANEOUS

 

111. Commissioner, Devasthan and other officers to be public servants. The Commissioner, Devasthan, Deputy and Assistant Commissioner, Devasthan, the Director and Assistant Director of Accounts, Inspectors and other sub-ordinate officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act No. XLV of 1860).

112. Decision of property as Public trust property.- (l) Any question, whether or not a trust exists and such trust is a public trust or particular property is the property of such trust, shall be decided by the Deputy or Assistant Commissioner Devasthan on the Commissioner, Devasthan's appeal as provided by this Act.

(2) The decision of the Deputy or Assistant Commissioner, Devasthan or the Commissioner, Devasthan in appeal, as the case may be, shall, unless set aside by the decision of the Court on application or of the High Court in appeal be final and conclusive.

113. Power to finalise reconstructed record.- (1) Whenever any record kept in any Public Trust Registration Office is damaged or destroyed due to any cause whatsoever and is reconstructed, the Assistant or Deputy Commissioner, Devasthan may by notice in the prescribed form published in the Official Gazette, and also in any newspapers with wide circulation in the region concerned, announce the fact of the reconstruction of the record, and call upon all persons having interest in the public trusts which are entered in such reconstructed record to show cause in writing within a period of thirty days from the publication of the notice in the Official Gazette, why such record should not be treated as final and conclusive. A copy of such notice may be sent also to the trustees of such public trusts.

 

114. Recovery of costs and expenses incurred on legal proceedings by Commissioner, Devasthan, etc.- All costs, charges and expenses incurred by the Commissioner, Devasthan or the Deputy or Assistant Commissioner, Devasthan as a party to, or in connection with, any legal proceedings in respect of any public trust shall, notwithstanding anything contained in section 115, be payable out of the property or funds of the public trust, except in cases where the liability to pay the same has been laid on any party or other person personally and the right to reimbursement under this section has been negative in express terms.

115. Costs of proceedings before Courts including High Court.- The costs, charges and expenses of and incidental to any suit, appeal or application to any court including the High Court under this Act shall be in the discretion of the court, which may, subject to the provisions of section 114, direct the whole or any part of such costs, charges and expenses to be met from the property or funds of the public trust concerned or to be borne and paid in such manner and by such person as it thinks fit.

116. Costs of proceedings before Commissioner, Devasthan, etc.-The costs, charges and expenses of and incidental to any appeal, application or other proceeding, before the Commissioner, Devasthan or the Deputy or Assistant or Commissioner, Devasthan shall be in his discretion and he shall have full power to determine by whom or out of what property or funds and to what extent such costs, charges and expenses are to be paid.

 

117. Compensatory costs for frivolous or vexatious proceedings before Commissioner Devasthan, etc.- (l) If in an inquiry under the provisions of this Act, the Commissioner, Devasthan or the Deputy or Assistant Commissioner, Devasthan is of the opinion that the application on which such inquiry was commenced was either frivolous or vexatious, the Commissioner, Devasthan, the Deputy or as the case may be, Assistant Commissioner, Devasthan, may at the request of the person against whom such application was made (hereinafter referred to as "the opponent") call upon the person making the application (hereinafter referred to as "the applicant") to show cause why the applicant should not pay compensation to the opponent and if the applicant is not present, direct the issue of a summons to him to appear and show cause aforesaid.

(2) If the Deputy or Assistant Commissioner, Devasthan or the Commissioner Devasthan, as the case may be, is satisfied that the applicant was either frivolous or vexatious he may, after recording reasons, order that compensation to such amount not exceeding five hundred rupees as he may determine be paid by the applicant to the opponent.

 (3) An appeal shall lie against an order awarding compensation under sub­-section (2) if made by the Deputy or Assistant Commissioner, Devasthan to the Commissioner, Devasthan and if made by the Commissioner Devasthan to the State Government and the provisions of sections 100 and 102 shall mutatis mutandis apply to such appeal.

118. Court fee to be paid as prescribed by Schedule "B".- Notwithstanding anything contained in the Court-fees Act, 1870 (Central Act No. VII of 1870), the documents described in columns 1 and 2 of Schedule B hereto shall bear a Court-fee stamp of the value specified in column 3 thereof.

119. Bar of jurisdiction. - Save as expressly provided in this Act, no Civil Court shall have jurisdiction to decide or deal with any question which is by or under this Act to be decided or dealt with by any officer or authority under this Act, and in respect of which the decision or order of such officer or authority has been made final and conclusive.

120. Indemnity from suits and proceedings.- No suit, prosecution or other proceeding shall be instituted against the State Government or any other officer or authority or representative of the Commissioner Devasthan in respect of anything in good faith done or purporting to be done under this Act.

121. Trial of offences under this Act.- No court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try an offence punishable under this Act.

122. Previous sanction of Commissioner Devasthan necessary for prosecution.- No prosecution for an offence punishable under this Act, shall be instituted without the previous sanction of the Commissioner, Devasthan.

123. Rules.- (l) The State Government may make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matter, namely:-

(a)          the manner of publishing the notification under sub-section (4) of section 1;

(b)          the qualifications of the Director and Assistant Directors of Accounts appointed under section 7;

(c)          the powers, duties and functions of the officers other than the Commissioner Devasthan, Deputy and Assistant Commissioners Devasthan appointed under this Act in addition to those provided for in this Act;

(d)          the powers, duties and functions of assessors in addition to those provided for in this Act;

(e)          the limits of regions and sub-regions to be prescribed under sub­-section (1) of section 16;

(f)           the books, indices and registers to be kept and maintained in Public Trusts Registration Office and the particulars to be entered in such books, indices and registers under section 20;

(g)          the form in which an application for the registration of a Public Trust to be made and the fee to be paid for the same, the other particulars to be entered therein and the manner in which an application for such registration to be signed and verified and the value and kind of trust
property in respect of which it shall not be necessary to give particulars under section 21;

(h)          the manner in which an inquiry has to be made by the Deputy or Assistant Commissioner Devasthan under sections 22 and 48;

(i)            the form in which the trustee has to make a report regarding the change under sub-section (1), and the manner of holding an inquiry under sub-section (3) of section 25;

(j)            the book in which the Deputy or Assistant Commissioner Devasthan shall make an entry under section 29;

(k)          the form of memorandum to be sent by trustees and Deputy and Assistant Commissioners Devasthan for registration and the manner in which the memorandum shall be signed and verified;

(l)            the inquiry to be made under sub-section (1) of section 33;

(m)         the amount of annual income of a public trust exceeding which it is liable to prepare and submit budget, and the form or forms of such budget, under sub-section (1) of section 38;

(n)          the particulars to be entered in the accounts under sub-section (2) of section 39 and the fee to be paid for special audit under section 40;

(o)          the manner of payment of expenses under sub-section (5) of section 53;

(p)          the manner of making an application under sub-section (1) of section 61;

(q)          the form of account to be submitted under sub-section (2), and the manner of passing order under sub-section (3), of section 66; 

(r)           the time within which trustees may apply to the Court for directions under sub-section (1) of section  67;

(s)          the conditions and restrictions subject to which the committee shall deal with property under sub-section (2) of section 73;

(t)            the  honorarium  or  fees  and  allowances  to  be  paid   to  chairman, :   treasurer and members of a committee under sub-section (2) of section 77 and   the  manner  in  which  such  honorarium,   or  fees  and allowances shall be paid;

(u)          the interval at which a committee shall meet and the procedure it shall follow under section 78;

(v)          the terms and conditions as to service on which secretaries and officers of a committee are appointed under section 81;

(w)         the manner in which the custody and investment of, and the disbursement and payment from the Management Fund and the audit of accounts of the Fund shall be regulated under section 86;

(x)          the date on which and the manner in which every public trust shall pay the annual contribution under section 92 and the deductions to be allowed under the explanation to sub-section (1) and the manner of obtaining the decision of the State Government on whether or not a trust falls in any of the exempted class of public trusts under sub-­section (2) of that section and the manner in which the custody and investment of and the disbursement and payment from, such fund shall be made under section 94;

(y)          the other powers, duties and functions to be exercised and performed by a Deputy or Assistant Commissioner Devasthan under section 98;

(z)          the other powers, duties and functions to be exercised and performed by the Commissioner, Devasthan under section 99;

(z-1)    the form of appeal and the fee to be paid for filing such appeal under section 102;

(z-2)    the custody and investment of the money to be credited to the Public Trusts Administration Fund and the disbursement and payment there from;

(z-3)    the form of notice in respect of reconstructed record under sub-section (1) of section 113;

(z-4)       any other matter which is to be or may be prescribed under this Act.

(3) All rules made under this section shall be subject to the condition of previous publication.

(4) Every rule made under this section shall be laid, as soon as may be, after it is made before the House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following the House of the State Legislature makes any modification in any rule or resolves that the rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done.

124. Repeal.- (1) The Rajasthan Public Trust Act 1959 (Act No. ...... of 1959), is hereby repealed.

(2) On the date of the application of the provisions of this Act to any public trust or class of public trusts under sub-section (4) of section 1 (hereafter in this section referred to as the said date) the provisions of the  Rajasthan Public Trust Act 1959 (Act No. ...... of 1959), which apply to such trust or class of trusts shall cease to apply to such trust or class of trusts.

(3) Save as otherwise provided in this section such repeal or cessation shall not in any way affect-

(a)          any   right,   title,   interest,   obligation   or   liability   already   acquired, accrued or incurred before the said date,

(b)          any legal proceedings or remedy in respect of such right, title, interest, obligation or liability, or

(c)          anything duly done or suffered before the said date

 

(4) All records maintained by the authority or Court under any of the Acts referred to shall be transferred to the Commissioner, Devasthan or to the Deputy or Assistant Commissioner, Devasthan as the Commissioner, Devasthan may direct.

125. Act not to apply to certain wakf to which Act XXIX of 1954 applies or to Gurudwara governed hy Hyderabad Act, XXXVII of 1956.-  Nothing contained in this Act, shall apply to -

(a)          those Wakfs in certain areas of the State to which the provisions of the Wakf Act, 1954 (XXIX of 1954), have continued to apply; or

(b)          the Nanded Gurudwara, the administration of which is governed by the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 Hyd. Act (XXXVII of 1956).

126. Provision of removal of difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the State Government may by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.

 

SCHEDULE - A

 

Section

Description of Documents 

Value

1

2

21 (1)

 

Application for the registration of a public trust

 

Rs. 2

 

25 (1)

 

Report of any change or proposed change in any of the entries recorded in the register kept under section 20.

 

Re. 1

 

31 (1)

Application of any person having interest in a public trust to the Commissioner Devasthan to determine which of the Deputy or Assistant Commissioner Devasthan shall proceed with an inquiry under section 22 or 25 in regard to any public trusts.

Rs. 2

35

Application by the executor of a will for the registration of a public trust created by such will

Rs. 2

42

Application   for   permission   of   Commissioner Devasthan   for investing trust money in any other manner-

 

 

(a) where the amount to be invested does not exceeds Rs. 2,000

Rs. 2

 

(b) where the amount to be invested exceeds Rs. 2,000 but does not exceed Rs. 10,000

Rs. 5

 

(c) in any other case

Rs. 10

43 (1)

Application for sanction of the Commissioner Devasthan for -

 

 

(a) sale, exchange, mortage or gift of immovable property -

 

 

(i) where the value of the property involved does not exceed Rs. 2,000

Rs. 2

 

(ii) where the value of the property involved exceeds Rs. 2,000 but does not exceed Rs. 10,000

Rs, 5

 

(iii) in any other case

Rs. 10

 

(b) lease of immovable property—

 

 

(i) where the average annual rent reserved does not exceed Rs. 100

Rs. 2

 

(ii) where the average annual rent reserved exceeds Rs.  100 but does not exceed Rs. 500

Rs. 5

 

(iii) in any other case

Rs. 10

 

(c) authorising trustees to dispose of immovable property -

 

 

(i) where the value of the property involved does not exceed Rs. 2,000

Rs. 2

 

(ii) where the value of the property involved exceeds Rs. 2,000 but does not exceed Rs. 10,000

Rs. 5

 

(iii) in any other case

Rs. 10

43 (2)

Application for revocation of sanction given by the Commissioner Devasthan under clause (a)  or (b) of sub-section (1)  of section 43

Rs. 10

44 (3)

Application by a trustee to borrow money—

 

 

(i) where the amount to be borrowed does not exceed Rs. 2,000

Rs. 2

 

(ii) where the amount to be borrowed exceeds Rs. 2,000 but does not exceed Rs. 10,000

Rs. 5

 

 

(iii) in any other case

 

Rs. 10

 

53 (1)

 

Application containing a complaint by a person having interest in a public trust to institute an inquiry

 

Rs. 5

 

55 (1)

 

Application for removal or dismissal of a trustee

 

Rs. 10

 

56(1)

 

Application for temporary injunction for the purposes specified in section 56 (1)

 

 

 

59 (1)

 

Application under sub-section (1) of section 59

 

Rs. 10

 

59(3)

 

Appeal to the High Court

 

Rs. 10

 

61

 

Application   to   the     Commissioner Devasthan   for   framing   or modifying scheme

 

Rs. 10

 

62 (1)

 

Application to the Commissioner Devasthan for consent to file a suit of the nature specified in section 60

 

Rs. 10

 

67

 

Application to the Court for directions

 

Rs. 10

 

69

 

Application for opinion, advice or discretion

 

Rs.

12.50

 

93(3)

 

Appeal  to  the  State  Government against the order of the Commissioner Devasthan for the payment of contribution by a bank or person from the money standing to the credit of the public trust with such bank or person

 

Rs. 10

 

100(1)

 

Appeal to the Commissioner Devasthan against the finding of Deputy or Assistant Commissioner Devasthan under section 23, 25 or 33 or order under sub-section (3) of section 66.

 

Rs. 10

 

101

Application under section 101

 

Rs. 10

 

102 (1)

 

Appeal to the State Government against the decision of the Commissioner Devasthan refusing consent to the institution of a suit

 

Rs. 10

 

103 (1)

 

Application to the Court against the decision of the Charity Commissioner under section 49, 50, 54, 58 (a) and (c)] or 100 or on the question whether a trust exists and whether such trust is a public trust or whether any property is the property of such trust

 

Rs. 10

 

103 (5)

 

Appeal to the High Court against the decision of the Court under sub-section (3) of section 103.

Rs. 10

 

105

Application by a person having interest in a public trust for joining as a party to proceedings under this Act.

Rs. 2

 

 

 

Mukhtaranama   or   Wakalatnama   when   presented   for   the conduct of any inquiry, appeal or other proceeding to the Commissioner Devasthan,  or the Deputy or Assistant Commissioner Devasthan

 

Rs. 2

 

 

 

 Application to the Commissioner Devasthan or the Deputy or Assistant Commissioner Devasthan for copies under the Act.

Rs. 2

 

 

 

Any other application or petition presented to the Commissioner Devasthan or  the  Deputy  or   Assistant Commissioner, Devasthan

Rs. 1

 

Nodal Officer:- Sh. Jatin Gandhi, Dy. Commissioner Devasthan Department, Udaipur

Telephone No.: 0294-2524813 (Office), Mobile No.: - 94136-64373

Designed & Developed By RISL Last Updated : 26.09.2017