Rules 20 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 20 and 21 of the Rajasthan Public Trust Rules, 1962 prescribe how an Assistant Devasthan Commissioner in Rajasthan holds the inquiry that section 18 of the Rajasthan Public Trusts Act, 1959 requires before a public trust is registered, and how the public notice of that inquiry is given in Form 7.
This article explains rules 20 and 21 of the Rajasthan Public Trust Rules, 1962 as amended up to the date of the copy published by the Devasthan Department, Government of Rajasthan (consulted 3 October 2026; no amendment date is stated). Check the current text with the State's Devasthan Department before relying on it.
On an application under section 17, an application by a person having interest, or on his own motion, the Assistant Commissioner gives public notice and invites objections within 60 days, takes evidence, and if no objection comes holds the inquiry ex parte; he then records findings with reasons (rule 20). Summons are served by post or process server, with deemed service in three cases. The notice goes to the parties and trustees in Form 7, is affixed at the office and the locality, and for a city or more than one district is also published in a newspaper or the Rajasthan Gazette (rule 21). Chapter V applies only to the classes of trusts the State has notified.
Where these rules sit
Rules 20 and 21 are in Part IV of the Rules and give effect to section 18(1) and (2), which section 76(2)(c) of the Act authorised the State to prescribe. Chapter V applies only to the classes of public trusts the Rajasthan State Government has notified under section 1(4); the notifications are not part of the text consulted, so no class of trusts is named here. The inquiry rules follow the registration application in rules 16 to 19 and lead to the findings in sections 18 and 19 of the Act. A trust facing an inquiry can ask our compliance documentation team to prepare its papers.
Rule 20(1): the steps of the inquiry
"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":
| Clause | Step as printed |
|---|---|
| (a) | Fix a date for submitting objections by giving a public notice of the inquiry and invite all persons having interest in the public trust under enquiry to prefer within 60 days objections, if any |
| (b) | On the date fixed, receive objections from any person having interest; on that date or later dates, frame issues and take the necessary evidence produced by the applicant and the objectors |
| (c) | After giving them a further opportunity to rebut evidence, make any further enquiry he deems necessary |
| (d) | If no objections are preferred within the prescribed period, hold the enquiry ex parte |
| (e) | On completion, record his findings with reasons on the matters under enquiry |
The 60-day period in clause (a) matches section 18(2) of the Act. The matters inquired into are listed in section 18(1), for example whether a trust exists and is a public trust, and whether property belongs to it; the findings are then open to appeal, as explained in sections 20 to 22.
Rule 20(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." The proviso says that if the Assistant Commissioner so directs, the appearance shall be by the party in person. The printed proviso reads "Assistant Commissioners so directs, by the party in person", a minor slip; the sense is that the Assistant Commissioner can require personal appearance.
Rule 20(3): service of summons
Summons for attendance of a party or witness "shall be served through post or process server". The summons is deemed duly served on the person summoned:
- if sent by registered post and an acknowledgement or refusal has been received;
- if affixed at a conspicuous place in the house or locality, in the presence of two witnesses, on refusal of acceptance; or
- if published in a newspaper having circulation in the locality.
Clause (c) adds that no summons for a witness is issued at a party's instance unless the party first deposits with the Commissioner or Assistant Commissioner the sum he thinks sufficient to meet the witness's travelling and other allowance.
Rule 20(4): return of documents
A person who produced a document at the inquiry is entitled to receive it back, unless it has been impounded, if the order is not liable to be questioned by a suit, or if the time for filing the suit has passed without a suit, or if a suit filed has been disposed of. The proviso allows earlier return if the person delivers a certified copy to be substituted and undertakes to produce the original if required. The application for return must give the date and description of the document, the proceeding number, the date of production and the exhibit mark, and a receipt is given on return.
Rule 20(5): allowances to witnesses
Allowances vary "according to the status and circumstances", and the Commissioner or Assistant Commissioner uses his own discretion. As printed: local witnesses "may be paid conveyance allowance only which shall not exceed Rs. 1/- and shall not be lower than 50 np"; outside witnesses "may be paid reasonable amount of actual travelling and diet expenses". These are the amounts in the published copy; confirm any current practice with the office.
Rule 21: public notice of the inquiry
Rule 21(1): the Assistant Commissioner gives a public notice of the inquiry proposed under section 18(1), in Form 7, to (a) the parties to the inquiry and (b) the trustees of the trust. (The printed text says "Subsection (1) of Section 18" while Form 7 itself says section 18(2); the notice is the one section 18(2) requires.) Rule 21(2): a copy is published by affixing it on the notice board of the Assistant Commissioner's office and in the locality, at a conspicuous place where the trust property is situate, and "such publication be deemed to be sufficient intimation to persons having any interest in the trust property". Rule 21(3): where the trust property is in a city or in more than one district, a copy is also published in a newspaper circulating in the locality or in the Rajasthan Gazette.
Form 7 is headed "Notice under Section 18(2) of Rajasthan Public Trusts Act, 1959", issued from the office of the Assistant Devasthan Commissioner, addressed "To All concerned". It states who has filed an application for an inquiry about which trust under section 17, and publishes the notice under section 18(2) to all persons having interest to file objections within sixty days from the date of issue. It adds that if no objections are preferred in that period "the application will be decided in the prescribed manner and findings recorded", and ends with the date and the Assistant Devasthan Commissioner's signature and seal.
The two rules at a glance
| Rule | Subject | Rule in short |
|---|---|---|
| 20(1) | Steps | Public notice, 60 days for objections, evidence, ex parte if none, findings with reasons |
| 20(2) | Appearance | Person, recognised agent or legal practitioner; personal if directed |
| 20(3) | Summons | Post or process server; three cases of deemed service; deposit for witness costs |
| 20(4) | Documents | Return after the suit period or on a certified copy |
| 20(5) | Witness allowance | Local conveyance not above Rs. 1 and not below 50 np as printed |
| 21 | Public notice | Form 7; affixed; newspaper or Gazette for city or more than one district |
Worked example
An invented trust, Shri Alwar Dharmik Nyas, has applied under section 17. The Assistant Commissioner fixes a date, issues Form 7 to the parties and trustees, and has it affixed on his notice board and at the temple. Because the trust has property in two districts, the notice is also published in a local newspaper. A neighbour, Mr Rakesh Gupta, files an objection within 60 days; the Assistant Commissioner frames issues, takes evidence, and records his findings with reasons. Had nobody objected, he would have held the inquiry ex parte.
Practical points
- Watch the 60 days from the date of issue of the notice; objections after that period are outside the notice.
- Attend in person if the Assistant Commissioner so directs.
- Deposit witness costs before asking for a witness summons.
- Collect your original documents after the suit period, or substitute certified copies.
- Check the notice board and local newspaper for notices about your trust.
Need help with a registration inquiry?
If your trust has received a notice or is about to apply, accurate particulars and timely objections decide the outcome. We can prepare your papers and track the dates. Begin through our compliance documentation service.
Key takeaways
- The Assistant Commissioner gives public notice and invites objections within 60 days (rule 20(1)(a)).
- If no objections come, the inquiry is held ex parte and findings are recorded with reasons.
- Summons are served by post or process server, with three cases of deemed service.
- The public notice is in Form 7, affixed at the office and in the locality (rule 21).
- For a city or more than one district, the notice is also published in a newspaper or the Rajasthan Gazette.
Read next
- Sections 18 and 19 of the Rajasthan Public Trusts Act, 1959: inquiry and findings on registration
- Rules 16 to 19 of the Rajasthan Public Trust Rules, 1962: registers, application, fee and certificate
- Trust Registration in Rajasthan under the Rajasthan Public Trusts Act
Disclaimer: Based on the English text of the Rajasthan Public Trust Rules, 1962 published by the Devasthan Department, Government of Rajasthan, as consulted on 3 October 2026; that copy does not state the date of its last amendment. Later amendments, State notifications and current fees should be checked with the State authorities. This article is general information, not legal advice; check the official text before acting.