The Rajasthan Public Trust Rules, 1962
Published vide Notification No. F.3(f)(11) Rev/A/59 dated 07.06.1962, Public in Rajasthan Gazette, Part IV-C. Exty.
In exercise of the powers conferred by Sub-section (1) read with Sub-section (2), of Section 76 of the Rajasthan Public Trusts Act, 1959 (Rajasthan Act 42 of 1959), the State Government hereby makes the following rules, the same having been previously published:—
1. Short title and commencement.— These rules may be called The Rajasthan Public Trust Rules, 1962.
(2) On and from the date on and from which, and to the extent to which any chapter of the Act commences to apply such of these rules ad relate to such chapter shall commence to apply.
2. Definitions.— In these rules, unless the subject or context otherwise requires:—
(a) "Act" means the Rajasthan Public Trusts Act, 1959 (Rajasthan Act No.42 of 1959);
3. Regulation of service conditions.— The conditions of service of all the officers, Inspectors, other sub-ordinate officers and servants who are appointed under the Act shall be regulated and governed by the Rajasthan Service Rules for the time being in force.
5. Functions of the Board.— In addition to the functions prescribed in clauses (a), (b) and (c) of Sub-section (1) of Section 12 the Board shall tender advice to the Commissioner on such matters as are referred to by him for eliciting the views of the Board.
6. Travelling and other allowances for Chairman and members of the Board.— [(1)
(2) Except the journey undertaken for attending meetings of the Board no journey shall be undertaken by the Chairman or any members, without the permission of the State Government or such other officer as is authorised by the Government in this behalf.]
7. Composition of Advisory Committee.— A Regional Advisory Committee shall consist of 21 members representing each interest in the region as shown below:—
8. Travelling and other allowances for the Chairman and members of the Reg. final Advisory Committee. —
9. Additional functions of Regional Advisory Committee.— Subject to Sub-rule (2) of Rule 6 the Chairman and such members of a Regional Advisory Committee as represent the interest to which a public trust pertains may visit any place connected with such trust for purposes of any spot inquiry or inspection.
10. Manner of conduct of business of the Board.— Meetings and procedure
(i) The Board shall ordinarily hold its meetings at the headquarters of the Commissioner at such intervals as the Chairman directs or upon the written request of at least 2/3rd of the whole number of its members:
(ii) The date, time and place of each meeting of the Board shall be fixed by the Chairman and shall be communicated by the Secretary of the Board to the members at least three weeks, before the date so fixed.
(iii) For every meeting the Secretary shall prepare an agenda under the instructions of the Chairman and circulate it to members before the commencement of the meeting.
(iv) The Chairman may, at his discretion allow any question or discuss any time consistent with the Act and rules thereunder which he deems proper at the meeting without prior notice.
(v) All relevant record and other necessary information connected with the matters under discussion in the agenda shall be supplied before the commencement of the meeting by the Commissioner.
(vi) (a) In the cases which have been referred by the Assistant Commissioner to the Board under Sub-section (2) of Section 12, the Board shall directly communicate its decision to him.
(b) In other matters, the Board may communicate its views to the State Government which may take action as it deems proper.
(vii) Ordinarily the Chairman shall preside over the meetings of the Board but when he is unable to attend, the members of the Board present, shall elect one from amongst themselves to preside over such meetings of the Board.
(viii) The Chairman shall sign all letters, memoranda and communications on behalf of the Board and dispose of day to day routine work and by a general or special order authorise in writing the Secretary to sign such communications as he deems proper.
(ix) For the purpose of meeting of the Board one third of the whole number-of its members shall constitute the quorum. If there is no-quorum the meeting shall be postponed to some other date.
(x) A member shall not take part in discussion and give his vote or express his views if the matter of dispute relates to the Trust in which he is personally concerned in one way or other.
(xi) Every decision of the Board shall be taken by a majority of the members present and in case of equality of votes, the Chairman shall have a second vote.
11. Manner of conduct of business of the Regional Advisory Committee-meetings and procedure.— (i) The Secretary of the Regional Advisory Committee shall, under the instructions of the Chairman, call its meeting whenever deemed necessary, at the headquarters of the Assistant Commissioner of the region:
Provided that there shall be held at least two meetings in a year at reasonable intervals.
(ii) The Chairman of the Committee shall preside over such meeting. In case the Chairman is absent, the member present may elect one from amongst themselves to preside over the meeting.
(iii) The Committee shall, after due consideration and discussion, communicate its advice to the Assistant Commissioner in writing together with the dissenting note, if any.
(iv) The Secretary shall inform the members and the Chairman .( for the meeting well in advance and also forward the agenda, date, time and place for such meeting with the approval of the Chairman.
(v) All relevant record and information connected with the matter under reference for advice to the Committee shall be placed by the Assistant Commissioner at the table of the Committee before the commencement of the meeting,
(vi) One-third of the whole number of the members of the Committee shall constitute quorum for a meeting. If there is no quorum the meeting shall be postponed to some other date. All decisions shall be taken by the majority of the members present and in case of equality of votes, the Chairman shall have a second vote.
(vii) The Chairman shall sign all letters memoranda and communications on behalf of the Committee and dispose of day to day routine work if any and may authorise the Secretary in writing to sign and dispose of such papers as he deems proper.
12. Disqualifications for members of the Board and the Regional Advisory Committees.— A person shall be disqualified for appointment as or for being a member of the Board or Committee, If he
(a) is less than twenty-one years of age, or
(b) is convicted by a criminal court of any offence involving moral turpitude, or (c) is of unsound mind and is so declared by a competent court, or
(d) is an un-discharged insolvent, or
(e) is found guilty of misconduct, or
(f) ceases to profess the religion or persuasion which he represents at the Board or Committee,
(h) is illiterate, or
(g) is otherwise unfit.
13. Removal of Chairman and members of the Board or the Committee.— If it appears to the State Government that the Chairman or a member of the Board or committee has incurred any of the disqualifications specified in rule 12 or has contravened any provision of the Act or rules, thereunder or refuses to act or is incapable of acting or failed without sufficient excuse to attend three consecutive meetings of the Board or Committee as the case may be, the State Government may after giving such Chairman or member an opportunity of showing cause and after consideration of any cause so shown, remove him from his office and T he decision of the State Government shall be final.
14. Resignation of the Chairman and members of the Board or Committee.— The Chairman or any other members of the Board or Committee may resign his office by writing under his hand addressed to the State Government.
15. Staff of the Board and the Regional Advisory Committee-For Board.— (1)(a) The Board shall be provided with a Secretary who shall be appointed by the State Government.
(b) The Commissioner shall place such other staff at the disposal of the Board from his Department as is considered necessary by the Board for the efficient performance of its functions under the Act.
(c). The expenditure incurred on such staff, T. A. and D. A. and other recurring and non-recurring expenditures of the Board shall be met out of the Budget of the Commissioner's office under the Head "Board Expenditure."
For Regional Advisory Committee—
(2) The Regional Advisory Committee shall be provided by the State Government with a Secretary and such other subordinate and class FV servants as the Government may by order fix for Regional Advisory Committees and they will be provided with a separate Budget for the purpose.
16. Maintenance of Registers and Books by Assistant Commissioners.— In connection with the registration of public trusts, the Assistant Commissioner shall maintain the following registers and books in the forms shown against each:
17. Application for Registration.— (l) The application for registration of a public trust in addition, to the particulars specified in Clauses (i) to (ix) of Sub-section (4) of Section 17 shall contain the following particulars, namely:—
(i) other sources of income,
(2) The application shall be in Form 6.
18. Registration fee.— The fee to accompany the application shall be in cash arid of the following amount:—
The fee shall be credited to the Consolidated Fund of the State.
19. Certification of Registration.— When a public trust is enrolled in the register of public trusts, a certificate in the following form shall be issued to the Trustee in token of registration. Such certificate shall be signed by the Assistant Commissioner in charge of registration and shall bear the office seal.
Form of Certificate
It is hereby certified that the Public Trust described below has this day been duly registered under the Rajasthan Public Trusts Act, 1959 (42 of 1959).
20. Manner of Enquiry for registration of Public Trusts.— (1) On receipt of an application under Section 17 or upon an application made by any person having interest in a Public Trust, or on his own motion, the Assistant Commissioner shall:
(a) fix a date for submitting objections by giving a public notice of the enquiry and invite all persons having interest in the Public Trust under enquiry to prefer within 60 days, objections, if any, in respect of such Trust.
(2) Appearance.—In any inquiry a party may appear in person or by his recognised agent or by a legal practitioner duly appointed to act on his behalf:
Provided that any such appearance shall, if the Assistant Commissioners so directs, by the party in person.
(3) Mode of serving summons.—(a) Summons for attendance of any person whether a party or witness at an inquiry or other proceedings shall be served through post or process server.
(b) The summons shall be deemed to have been duly served on the person summoned;
(i) if it is sent by registered post and an acknowledgement or refusal thereof has been received, or
(c) No summons for the attendance of any witness shall be issued at the instance of a party to an inquiry or other proceedings under the Act, unless the party first deposits with the Commissioner or Assistant Commissioner as the case may be, such sum as in his opinion is sufficient to defray the cost of travelling and other allowance payable to such witnesses.
(4) Return of Documents.—(a) Any person desirous of receiving back any document produced by him at the inquiry shall unless the document has been impounded, be entitle to receive back the same if the proceeding is one in which the order made is not liable to be questioned by a suit in a court or if the time for filing the suit has elapsed without the suit having been filed, or when a suit having been filed has been disposed of:
Provided that a document may be returned at any time earlier than that prescribed by this rule if the person applying therefor delivers to the Assistant Commissioner or Commissioner as the case may be, a certified copy to be substituted for the original and undertakes, to produce the original, if required.
(b) An application for the return of document shall give the date and description of the document, the number of the proceeding in which and the date on which it was produced and the exhibit mark it bear, and on the return of a document, a receipt shall be given by the person receiving it.
(5) Allowances to witnesses.—(a) Allowances payable to witnesses summoned for any inquiry or other proceedings under this Act shall vary according to the status and circumstances. The Commissioner and Assistant Commissioner as the case may be, shall use their own discretion in fixing up the amount of payment to such witnesses.
(b) The local witnesses may be paid conveyance allowance only which shall not exceed Rs. 1/- and shall not be lower than 50 np.
21. Manner of Public notice for proposed inquiry.— (1) The Assistance Commissioner shall give a public notice of the inquiry proposed to be made under Subsection (1) of Section 18 in Form 7 to:
(a) the parties to the inquiry.
(2) A copy of such notice shall be published by affixure on the notice board of the office of the Assistant Commissioner and in the locality on a conspicuous place where the trust property in question is situate. Such publication be deemed to be sufficient intimation to persons having any interest in the trust property.
22. Form and manner in which working trustee is to report changes.— (a) The working trustee shall within the prescribed period report the occurred changes or proposed change of entries to the Assistant Commissioner in Form 8.
(b) The Assistant Commissioner shall, after necessary inquiry if any shall cause the entries to amended in accordance with the finding recorded in the register Form No.4.
23. Further inquiry by Assistant Commissioner.— If as provided in Section 24 it appears to the Assistant Commissioner that a "particular" relating to any public trust which was not the subject matter of the inquiry under Section 18 or Sub-section (2) of Section 23 has remained to be enquired into he may conduct further inquiry in the same mariner as provided for in the rules for making first inquiry under Sub-section (1) of Section 18 and record his findings and make or amend entries in the register in accordance with the decision arrived at.
24. Book of Entries under Sub-section (2) of Section 25.— The Book in which the particulars of the entries or amended entries are required to be entered under Sub-section (2) of Section 25 shall be kept in Form 5.
25. Application for previous sanction for certain transfers of trust properties.— (1) Every application for sanction under Sub-section
(2) of Section 31 shall contain information on the following points:—
(i) reasons for transfer,
(2) Such application shall be in Form 9.
26. Maintenance of accounts.— The working trustee or manager of a public trust which has been registered under the Act shall maintain regular accounts in Forms 10 and II in which the particulars of all the movable and immovable properties shall be entered.
27. Manner of annual audit of accounts.— The trustee shall get the accounts audited annually by an auditor, who shall prepare a report relating to the accounts audited which shall in addition to information required by Sub-section (2) of Section 34 also contain the following particulars:—
(1) (a) whether accounts are maintained regularly and in accordance with the provisions of the Act and rules made thereunder;
28. Time for audit and submission of audit report. — (1 ) The trustee shall get the accounts audited within six months of the date of balancing the accounts.
(2) In the office of the Assistant Commissioner, there shall be a maintained a register of the audit reports received under Section 34 in Form l 2.
29. Power for audit.— For the purpose of audit, the Assistant Commissioner may, whether of his own motion, or at the request of the auditor:—
(1) require any trustee, to produce before the auditor of any book, deed, account, vouchers, or other document or record necessary for the proper conduct of audit;
30. Fee for special audit.— (1) The fee for special audit under Sub-section (5) of Sect ion 33 shall be fixed by the Assistant Commissioner according to the circumstances of each case:
Provided that in no case shall such fee exceed two and half per cent of the gross annual income of the public trust or be less than Rs. 25/-.
(2) Before a special audit is directed under Sub-section (4) of Section 33 the Assistant Commissioner may require the manager or working trustee concerned or the person moving the Assistant Commissioner for such special audit to deposit such amounts as would in the opinion of Assistant Commissioner be sufficient to meet the cost thereof.
31. Budget.— The working trustee of every public trust, the gross annual income of which exceeds thirty-six hundred rupees shall prepare and submit before the 31st December, in each-year, a budget in Forms 13 and 14 showing the estimate receipts and expenditure of the trust during the next financial year.
32. Inspection and copies.— (1)(a) Any person having interest in a public trust may apply to the Assistant Commissioner specifying such information as may be necessary for identifying the document which is open to inspection under Section 36 and shall be allowed to inspect any such document on payment of a fee at the rate of one rupee per hour for each document to be inspected.
(2) (a) The fee for the supply of the certified copies of the document which are open to inspection shall be four annas for every 100 words or fraction thereof.
33. Returns and statements.— The working trustee of a public trust shall furnish to the Assistant Commissioner the following returns and statements on the date mentioned against each.
34. Manner of holding inquiry under Section 49(2).— If the Assistant Commissioner finds that there is a prima facie case for an enquiry under Section 40, he shall:—
(a) fix a date for the inquiry and cause a notice to be served on the trustee or any other persons concerned to appear on the date fixed;
35. Conditions and restrictions in respect of acquisition and disposal of property by Committee of management.— Subject to the directions in the instrument of the trust or any direction given by the court or any provisions of the Act or any other law, the Committee of Management shall not
(a) mortgage any immovable property exceeding Rs. 2.000/- in value without the permission of the Devasthan Commissioner,
Provided that the Committee of management for such public trust which vests in the Government or which is maintained at the expenses of the Government or which is managed directly by the State Government or which is under the superintendence of the Court of Wards shall exercise only such powers with respect to the above matter which the State Government may, by order, delegate.
36. Manner of ascertaining the wishes of persons interested.— (1) For the purpose of ascertaining the wishes under Sub-section (5) of Section 53, of the persons interested, the State Government shall direct the Assistant Commissioner in issue a public notice in such manner as he may think proper, for inviting suggestions for the constitution of the committee of management.
(2) The Assistant Commissioner shall forward suggestions so received along with his comments, to the State Government through the Commissioner.
37. Meeting of and procedure for committee of management.— (i) A Committee of management shall meet at least once in a month to discuss the affairs of the Trust.
38. Allowances to hereditary Trustees.— While determining and fixing the amount of allowances payable to any hereditary trustee of a public mist, the State Government shall also take into consideration the liabilities and other expenses of the trust, the net income thereof and the allowance received by such trustee in the past;
39. Election of member of a committee under Section 66(2).— For the purpose of constituting a committee, under Sub-section (2) of Section 66, the persons engaged in trade or business concerned in different towns charging or collecting Dharmada shall be called by the Assistant Commissioner of the region by giving a public notice of atleast fifteen days, and such persons shall in the presence of the Assistant Commissioner elect by show of hands one of the members as a Chairman of the committee.
40. Statement of Dharmadaaccount.— The person charging or collecting Dharmada shall within 3 months from the close of his yearly accounts submit the account of Dharmada in Form 15
41. Inquiry and audit.— The Assistant Commissioner may for the purpose of verifying the correctness of the account of Dharmada under Sub-section (4) of Section 66, hold enquiry by calling the books of accounts of persons charging or collecting Dharmada and if he, thinks necessary, have them audited by any person whom he may appoint in this behalf and direct the expenses of such audit to be paid out of such account.
A register of Dharmada in his region shall be maintained by the Assistant Commissioner in Form 16.
42. Prescription of the form of appeals and the fees.— (1) Every appeal under the provisions of the Act shall be preferred in the form of memorandum signed by the appellant or his pleader. The memorandum shall set forth concisely and under distinct head the grounds of objections to the finding or order appealed from without any argument or narration and such grounds shall be numbered consecutively.
(1) a 'certified copy of the finding or order appealed from;
FORM NO. 1
FORM NO. 2
FORM NO. 3
FORM NO. 4
FORM NO. 5
FORM NO. 6
(b) Estimated value of each immovable property.
Signature of Working Trustee or Managers.
FORM NO. 7
Office of the Assistant Devasthan Commissioner
Assistant Devasthan Commissioner.
FORM NO. 8
FORM NO. 9
FORM NO. 10
FORM NO. 11
FORM NO. 12
FORM NO. 13
FORM NO. 14
FORM NO. 15
FORM NO. 16