Rule 25 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.
Rule 25 of the Rajasthan Public Trust Rules, 1962 says what an application for the Assistant Commissioner's previous sanction to sell, exchange, gift or lease trust property in Rajasthan must contain, and that it must be made in Form 9. It is the rule that section 31(2) of the Rajasthan Public Trusts Act, 1959 calls for.
This article explains rule 25 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.
An application for sanction under section 31(2) must state four things: the reasons for transfer; how the transfer is in the interest of the public trust; for a lease, the term of any past lease; and whether the trust instrument has any direction on transferring that immovable property (rule 25(1)). It must be in Form 9 (rule 25(2)). The sanction itself, the value and lease limits and the deemed sanction after two months are in section 31 of the Act, not in the rule. Chapter VI applies only to the classes of trusts the State Government has notified.
The section behind the rule
Rule 25 sits in Part V of the Rules, headed "Rules to give effect to the provisions of Section 31(2)". Section 31(1) of the Act says, subject to the directions in the instrument of trust or any court direction under the Act or another law, that no sale, exchange or gift of immovable property, or of movable property exceeding five thousand rupees in value (as printed in the published copy), and no lease for more than five years in the case of agricultural land or more than three years in the case of non-agricultural land or a building, is valid without the previous sanction of the Assistant Commissioner. Sub-section (3) deems sanction to be given if no final order is passed within two months of receipt, provided the application described the transaction with sufficient accuracy. Sub-section (4) allows refusal only where the transaction is, in his opinion, likely to be prejudicial to the interests of the public trust, and after the working trustee has had a reasonable opportunity of being heard. For the full section, see section 31.
Chapter VI 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. A trust planning a transfer should also keep the sale deed formalities in view; see how a deed is registered with the sub-registrar in How to Register a Trust Deed with the Sub-Registrar. If you are preparing such an application, our legal due diligence team can check title and the trust deed with you first.
Rule 25(1): what the application must contain
"Every application for sanction under Sub-section (2) of Section 31 shall contain information on the following points":
| Point | What the application must say |
|---|---|
| (i) | Reasons for transfer |
| (ii) | How the proposed transfer is in the interest of the public trust |
| (iii) | In the case of a lease, the term of past lease, if any |
| (iv) | Whether the instrument of trust contains any direction as to the transfer of such immovable property |
Each point answers a question the Assistant Commissioner must ask under section 31(4): whether the transaction is likely to be prejudicial to the trust. Point (ii) is the reasoned case for the transfer; point (iv) connects the application to the opening words of section 31(1), under which the trust instrument's directions come first. Point (iii) lets the officer see the lease history of the property. The rule asks for information on these points; it does not set a fee, and none is printed in the text consulted.
Rule 25(2): Form 9
"Such application shall be in Form 9." Form 9 is headed "Application for sanction of certain transfer of properties". It is addressed to the Assistant Devasthan Commissioner and carries the registered number and the name of the trust. Its eight columns are headed:
- Serial number.
- Movable property to be transferred: name of property, estimated value and average annual income (rent or interest, if any).
- Immovable property to be transferred: name of property, survey number or city survey or municipal number, area, assessment, estimated value and average annual income.
- Kind of transfer: sale, exchange, gift or lease.
- Reasons for transfer.
- Name of working trustee or managers with their addresses.
- Actual or estimated income by transfer.
- Remarks.
The form closes with place, date and the signature and address of the working trustee or manager. The grouping above follows the printed column numbers 1 to 8, and the form is described here by its headings only.
How the rule and the section work together
| Step | Source | What happens |
|---|---|---|
| Decide whether sanction is needed | Section 31(1) | Sale, exchange or gift of immovable property; movable property above the printed value; leases above the printed periods |
| Prepare the application | Rule 25 and Form 9 | Four points of information; Form 9 |
| Wait for the order | Section 31(3) | Deemed sanction if no final order within two months and the transaction was described with sufficient accuracy |
| Refusal | Section 31(4) | Only if prejudicial to the trust, after a hearing |
Worked example
An invented trust, Shri Sikar Ram Mandir Trust, wishes to sell a plot, Survey number 112, which it does not use, to fund repairs to the temple. Its working trustee, Mr Vinod Sharma, completes Form 9 and states the reasons (the plot is idle and the repairs are urgent), how the sale benefits the trust, and that the trust deed contains no direction about the plot. He also states, for a separate proposed lease of a shop, that the earlier lease ran for three years. The Assistant Commissioner may refuse only if he thinks the transaction likely to be prejudicial to the trust and only after hearing Mr Sharma.
Practical points
- Cover all four points of rule 25(1) in the application, in the order printed.
- Read the trust deed first and state what it says about the transfer.
- Describe the transaction accurately, because deemed sanction under section 31(3) depends on that.
- Do not complete a sale, gift or long lease before the sanction or deemed sanction.
- Keep a copy of the application and the date of receipt.
Need help with a transfer sanction?
A properly prepared application saves months. We can read the trust deed, check title and draft the application so that it answers each point of rule 25. Reach us through legal due diligence to begin.
Key takeaways
- The application for sanction contains four points: reasons, benefit to the trust, past lease term and any direction in the trust instrument (rule 25(1)).
- It is made in Form 9 (rule 25(2)).
- Section 31 of the Act, not the rule, sets the value limits, lease periods, deemed sanction and refusal test.
- Refusal is allowed only for likely prejudice to the trust, after a hearing.
- Chapter VI applies only to the notified classes of trusts.
Read next
- Section 31 of the Rajasthan Public Trusts Act, 1959: previous sanction for sale, gift, exchange and lease
- Rules 22 to 24 of the Rajasthan Public Trust Rules, 1962: reporting changes and book of entries
- Rules 26 to 30 of the Rajasthan Public Trust Rules, 1962: accounts and audit
- How to Register a Trust Deed with the Sub-Registrar
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.