Section 1 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.
Section 1 of the Rajasthan Public Trusts Act, 1959 decides when each part of the Act starts to bind a trust in Rajasthan. Only the first four Chapters came into force at once; the Chapters on registration, property, accounts, control and committees of management reach a trust only through a notification of the State Government.
This article explains section 1 of the Rajasthan Public Trusts Act, 1959 (Rajasthan Act 42 of 1959) as amended up to the date of the English text published by the Devasthan Department, Government of Rajasthan, consulted on 3 October 2026; that copy does not state the date of its last amendment. Check the current text with the State's Devasthan Department before relying on it.
The Act extends to the whole of the State of Rajasthan. Chapters I to IV (preliminary, validity of trusts, officers, Advisory Board and Committees) began at once. Chapters V to X apply only from the date, and to the class or classes of public trusts, that the State Government specifies by notification in the official Gazette, after publishing a draft. Chapter XI (dharmada) needs a special notification, and Chapters XII and XIII follow each other Chapter as it begins. A trust must therefore find out whether a notification covers it before assuming any duty in Chapters V to X.
What the seven sub-sections say
The section has seven sub-sections. The published copy prints them as "1.", "2." and so on; they are cited here as sub-section (1), (2) and so on.
| Sub-section | What it provides |
|---|---|
| (1) | The Act may be called the Rajasthan Public Trusts Act, 1959. |
| (2) | It extends to the whole of the State of Rajasthan. |
| (3) | Chapters I, II, III and IV come into force at once. |
| (4) | Chapters V, VI, VII, VIII, IX and X come into force on the date, and apply to the class or classes of public trusts, that the State Government specifies by notification in the official Gazette. |
| (5) | A draft of each notification under sub-section (4) is published first, with a notice giving the date on or after which the draft will be considered and before which objections or suggestions may be sent. |
| (6) | Chapter XI comes into force on the date fixed by special notification, and different dates may be fixed for different cities and towns having regard to population. |
| (7) | Chapters XII and XIII begin to apply to each other Chapter on the date that Chapter comes into force. |
Chapters I to IV: in force at once
Sub-section (3) switches on the foundation of the Act without any notification. These are the Chapters on the preliminary provisions and definitions, on the validity of certain public trusts, on the appointment of the Devasthan Commissioner, Assistant Devasthan Commissioners and other officers, and on the Advisory Board and the Regional Advisory Committees. The definitions are in our article on section 2 of the Rajasthan Public Trusts Act, 1959.
Chapters V to X: only where notified
Sub-section (4) is the heart of the section. The registration Chapter (V), the Chapter on management of trust property (VI), the Chapter on accounts, audit and budget (VII), the Chapter on powers of officers (VIII), the Chapter on control over public trusts (IX) and the Chapter on committees of management (X) do not apply to every public trust in Rajasthan merely because the Act exists. They apply from the date and to the class or classes of trusts that the State Government specifies by notification in the official Gazette.
The sub-section also lets the State Government classify public trusts "on the basis of the income thereof or on the basis of the value of their total assets or on the basis of other financial factors". The notifications that apply these Chapters to particular classes are not part of the text consulted, so no class of trusts is named here. A trust, its working trustee or its auditor should obtain the notification from the Devasthan Department and read which class the trust falls in, and from which date. A legal consultation can help match the notification to the trust's income and assets.
The same caution applies to every provision in Chapters V to X. The practical test is simple: if no notification covers the trust, the duties in those Chapters, such as the application for registration in section 17, are not triggered by this Act for that trust on the face of sub-section (4).
The draft notification
Sub-section (5) adds a safeguard. Before any notification under sub-section (4) is published, a draft must appear in the official Gazette for the information of all persons likely to be affected. The draft is accompanied by a notice naming the date on or after which it will be taken into consideration and before which objections or suggestions must be received.
Chapter XI: dharmada by special notification
Dharmada is the subject of Chapter XI, which has a single section. Under sub-section (6) it comes into force on a date fixed by special notification, and the State Government may fix different dates for different cities and towns "having regard to the population". Chapter XI is thus tied to place and population, while Chapters V to X are tied to classes of trusts.
Chapters XII and XIII follow the others
Chapter XII (procedure and penalties) and Chapter XIII (miscellaneous) have no start date of their own. Sub-section (7) makes them apply to each other Chapter from the date that Chapter comes into force.
A one-screen map of the 13 Chapters
| Chapter | Subject | Sections | Starts |
|---|---|---|---|
| I | Preliminary | 1-2 | At once |
| II | Validity of certain public trusts | 3-6 | At once |
| III | Officers and servants | 7-10 | At once |
| IV | Board and Committees | 11-15 | At once |
| V | Registration of public trusts | 16-29 | By notification |
| VI | Management of trust property | 30-31 | By notification |
| VII | Accounts, audit and budget | 32-36 | By notification |
| VIII | Powers of officers | 37-46 | By notification |
| IX | Control over public trusts | 47-51 | By notification |
| X | Special provisions for certain trusts | 52-65 | By notification |
| XI | Dharmada | 66 | Special notification |
| XII | Procedure and penalties | 67-70 | With each other Chapter |
| XIII | Miscellaneous | 71-82 | With each other Chapter |
Worked example
Take an invented temple trust, Shri Gopal Mandir Trust, Bhilwara. Its working trustee, Mr Kailash Soni, hears that the Act requires registration. Under section 1(4), the question is not only whether the trust is a "public trust" under section 2 but also whether a Gazette notification has applied Chapter V to a class that includes this trust. If it has, the date in that notification starts the clock for the application. If it has not, Chapter V does not yet reach the trust. Mr Soni should obtain the notification text before acting.
How this differs from a private trust
The Act deals only with public trusts as defined in section 2. Our guide on private trust vs public trust sets out the distinction, and the Indian Trusts Act, 1882 is a separate Central Act.
Need help with the Rajasthan Public Trusts Act?
If you manage a temple, math or charitable institution in Rajasthan and are unsure whether any Chapter of the Act now applies to you, our team can read the notification against your trust's income and assets and set out the duties in order. You can start with a legal consultation on your trust's position.
Key takeaways
- The Rajasthan Public Trusts Act, 1959 extends to the whole of the State of Rajasthan.
- Chapters I to IV began at once; Chapters V to X apply only by Gazette notification to the class or classes the State Government specifies.
- A draft notification must be published first, with a notice inviting objections or suggestions.
- Chapter XI (dharmada) needs a special notification and may start on different dates for different cities and towns.
- Chapters XII and XIII apply to each other Chapter from the date it begins.
- The notifications are not part of the consulted text, so a trust must obtain them from the Devasthan Department.
Read next
- Section 2 of the Rajasthan Public Trusts Act, 1959: definitions
- Section 17 of the Rajasthan Public Trusts Act, 1959: registration application and time limit
- Private Trust vs Public Trust: Key Differences
Disclaimer: Based on the English text of the Rajasthan Public Trusts Act, 1959 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.