Rules 34 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 34 to 36 of the Rajasthan Public Trust Rules, 1962 cover three separate matters in Rajasthan: how the Assistant Commissioner holds the inquiry that can end in a surcharge under section 49(2) of the Rajasthan Public Trusts Act, 1959; the limits on a committee of management dealing with immovable property; and how the State finds out the wishes of the persons interested before it constitutes a committee.
This article explains rules 34 to 36 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.
Rule 34: if the Assistant Commissioner finds a prima facie case, he fixes a date, serves notice, hears the trustee or others, takes evidence and records findings with reasons under section 49(2). Rule 35: a committee of management must not mortgage or acquire immovable property above Rs. 2,000 (as printed) without the Devasthan Commissioner's permission or sanction, and must dispose of such property only by public auction. Rule 36: the State directs a public notice inviting suggestions for the committee, and the Assistant Commissioner forwards them through the Commissioner. Chapters IX and X apply only to notified classes of trusts.
Where these rules sit
Rule 34 is in Part VII, which gives effect to section 49(2), and rules 35 and 36 are in Part VIII, which gives effect to sections 53(3) and (5) and 65. Chapter IX (control over public trusts) and Chapter X (committees of management) apply to trusts as the Rajasthan State Government has notified or listed them; those notifications and lists are not part of the text consulted, so no class of trusts is named here. The sections are explained in sections 47 to 49 and sections 52 and 53. If an inquiry notice has reached your trust, our legal dispute resolution team can advise on how to respond.
Rule 34: manner of holding the inquiry under section 49(2)
Rule 34 begins: "If the Assistant Commissioner finds that there is a prima facie case for an enquiry under Section 40, he shall". The heading and Part VII refer to section 49(2), and the Act's section 40 deals with the court's powers on an application for directions, so "Section 40" is read as a typing slip for section 49(2). The Assistant Commissioner shall then:
| Clause | Step |
|---|---|
| (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 that date |
| (b) | On the date, or an adjourned date, allow them an opportunity to represent their case and adduce evidence, and make further inquiry as he deems necessary |
| (c) | On completion, record his findings and the reasons under sub-section (2) of section 49 |
Section 49(2) of the Act says that after "holding an inquiry in the prescribed manner and giving opportunity to the person concerned", if the Assistant Commissioner is satisfied that the trustee or another person has been guilty of gross negligence, breach of trust, misappropriation or misconduct resulting in loss to the trust, he determines the amount of loss, whether it was due to breach, misapplication or misconduct, who is responsible and the amount payable (the "amount surcharged"). An aggrieved person may apply to the court within the time printed in section 50, as explained in sections 50 and 51.
Rule 35: conditions on acquiring and disposing of property
Rule 35 is headed "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;
- (b) dispose of any immovable property exceeding Rs. 2,000 in value otherwise than by public auction; or
- (c) acquire any immovable property exceeding Rs. 2,000 in value without sanction of the Devasthan Commissioner.
The figure is printed in the published copy as "Rs. 2.000/-" in clauses (a) and (c) and "Rs. 2,000/-" in clause (b); it is read as Rs. 2,000 and is quoted as printed. Section 53(3) of the Act, which makes a committee of management a body corporate with power to acquire, hold and dispose of property "subject to such conditions and" (the printed sentence stops there), is the section this rule fills in.
Proviso. A committee of management for a 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" exercises only such powers on these matters as the State Government may by order delegate. The Court of Wards is an old body named in the text; check whether it still exists before relying on the proviso.
Rule 36: ascertaining the wishes of persons interested
Section 53(5) says members of a committee are appointed "in accordance with the general wishes of the person so interested so far as such wishes can be ascertained in the prescribed manner". Rule 36 supplies the manner:
- Rule 36(1). The State Government directs the Assistant Commissioner "to issue a public notice in such manner as he may think proper, for inviting suggestions for the constitution of the committee of management". The printed word "in" is read as "to".
- Rule 36(2). The Assistant Commissioner forwards the suggestions received, with his comments, to the State Government through the Commissioner.
The rule does not fix a period for suggestions, and the text consulted prints none.
The three rules at a glance
| Rule | Subject | Rule in short |
|---|---|---|
| 34 | Inquiry under section 49(2) | Prima facie case, notice, hearing, evidence, findings with reasons |
| 35 | Property of a committee | Permission or sanction above the printed value; public auction for disposal |
| 36 | Wishes of persons interested | Public notice inviting suggestions; forwarded through the Commissioner |
Worked example
The Assistant Commissioner reads an auditor's report on an invented trust, Shri Tonk Mata Mandir Trust, and sees prima facie loss through the former working trustee, Mr Dharmendra Soni. He fixes a date, serves notice on Mr Soni, hears him, takes evidence and records findings with reasons under section 49(2). Separately, a committee of management constituted for another trust, Shri Bhilwara Gau Seva Trust, wants to buy a building worth more than the printed Rs. 2,000. It needs the Devasthan Commissioner's sanction under rule 35(c). Before it was constituted, the Assistant Commissioner issued a public notice inviting suggestions under rule 36.
Practical points
- Attend the date fixed in a section 49(2) inquiry notice and bring your evidence, because that is the opportunity the rule gives.
- Ask for the findings and the reasons in writing.
- A committee should not mortgage or acquire property above the printed value without permission or sanction.
- A committee disposing of such property should use public auction.
- Watch for the public notice inviting suggestions when a committee is to be constituted.
Need help with an inquiry or committee property?
A section 49 inquiry can end in a surcharge, and a committee's property dealings need the right permissions. We can prepare your reply, review the transaction and set out the next step. Reach us through legal dispute resolution to start.
Key takeaways
- The Assistant Commissioner holds a section 49(2) inquiry only on a prima facie case, with notice, hearing and evidence (rule 34).
- The findings must be recorded with reasons.
- A committee of management needs the Devasthan Commissioner's permission or sanction to mortgage or acquire immovable property above Rs. 2,000, as printed, and must sell by public auction (rule 35).
- A different rule applies to trusts vested in or managed by the Government (the proviso).
- The State directs a public notice inviting suggestions for a committee (rule 36).
Read next
- Sections 47 to 49 of the Rajasthan Public Trusts Act, 1959: returns, inspection and explanation
- Rules 37 to 39 of the Rajasthan Public Trust Rules, 1962: committee meetings, allowances and election
- Sections 52 and 53 of the Rajasthan Public Trusts Act, 1959: committee of management
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.