Sections 11 and 12 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.
Sections 11 and 12 of the Rajasthan Public Trusts Act, 1959 create the Rajasthan Public Trust Board, an advisory body for public trusts in Rajasthan. The Board advises the State Government on how the Commissioner works and on difficulties with the Act, and it decides any matter on which an Assistant Commissioner disagrees with a Regional Advisory Committee.
This article explains sections 11 and 12 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 State Government establishes, by Gazette notification, an advisory Board called the Rajasthan Public Trust Board with the number of members representing each interest as prescribed (section 11(1)). Members are appointed by Gazette notification and, save as otherwise provided, hold office for five years (section 11(2)). The Board forwards its views on the Commissioner's work, flags difficulties in the Act, considers matters referred by the State Government and performs prescribed functions. If an Assistant Commissioner disagrees with a Committee's advice on Chapters VI and VII, the Board decides and the Assistant Commissioner must act on its decision (section 12).
Where the Board fits
Chapter IV (sections 11 to 15) is one of the Chapters that came into force at once under section 1(3). The Board is therefore a standing body whatever the status of the notifications for Chapters V to X. Its work touches those later Chapters, because it advises on how the Commissioner exercises the powers the Act gives him and because it settles disagreements between an Assistant Commissioner and a Regional Advisory Committee on property and accounts matters.
The officers named in this article are the Commissioner and Assistant Commissioners appointed under sections 7 to 10.
A trust facing a Board reference can discuss the route in a compliance advisory session.
Section 11: establishment and composition
Sub-section (1). The State Government shall, by notification in the official Gazette, establish for the territories to which the Act extends for the time being an advisory Board called the Rajasthan Public Trust Board. It consists of "such number of members representing each interest as may be prescribed". The Act itself does not fix the number of members or name the interests; the Rules do. Our article on rules 4 to 9 of the Rajasthan Public Trust Rules, 1962 covers composition and allowances.
Sub-section (2). All members are appointed by the State Government by Gazette notification. Save as otherwise provided, they hold office for a period of five years from the date of publication of the notification.
Section 12: functions of the Board
Sub-section (1) sets out four functions. The Board shall:
| Clause | Function |
|---|---|
| (a) | Forward its views to the State Government regarding the performance by the Commissioner of his functions under the Act. |
| (b) | Draw the State Government's attention to difficulties experienced in the working of the Act and the rules, and suggest amendments. |
| (c) | Consider matters referred to it by the State Government. |
| (d) | Perform such other functions as may be prescribed. |
Clauses (a) and (b) give the Board a feedback role. It does not manage trusts and it does not hear appeals from trustees. It reports to the State Government on how the Commissioner is doing his job and on where the law is hard to work.
The referral route: sub-sections (2) and (3)
Sub-section (2) deals with a particular conflict. Under section 14, each Regional Advisory Committee tenders advice to the Assistant Commissioner of its area on matters arising under Chapters VI and VII, that is, management of trust property, accounts, audit and budget. If an Assistant Commissioner disagrees with that advice in relation to the exercise of any of his powers under those Chapters, he must refer the matter to the Board.
Sub-section (3) completes the point: in a case so referred, the Assistant Commissioner shall act according to the decision of the Board. The Assistant Commissioner cannot overrule the Committee on his own. For a trust whose application for sanction to sell or lease property depends on such advice, this route can affect the outcome and the time taken. The text consulted does not set a time limit for the Board's decision.
Sub-section (4): State Government action
The State Government may, after considering any views received from the Board under clause (a) or clause (b) of sub-section (1), take such action as it deems necessary. In particular, it may issue to the Commissioner such directions, consistent with the Act and the rules, in respect of the exercise by the Commissioner of any of his powers, as it considers proper. The Board advises; the State Government decides whether and how to act.
What the Board does not do
Reading the two sections together, the following points are clear from the text:
- The Board is described as an "advisory" Board.
- Its feedback functions run to the State Government, not to individual trusts.
- Its only binding decision in the text is under sub-section (3), where an Assistant Commissioner has referred a disagreement with a Committee on Chapter VI and VII matters.
- The Act leaves the composition, the interests to be represented and any additional functions to the rules.
A trustee who wants to complain about a particular order does not go to the Board for that purpose. The appeal and court routes in Chapters V and VIII apply instead.
Worked example
An invented trust, Shri Hanuman Seva Nyas, Alwar, applies to its Assistant Commissioner for sanction to lease a building. The Regional Advisory Committee advises in favour of sanction, but the Assistant Commissioner doubts it. Under section 12(2) he must refer the matter to the Board, and under section 12(3) he must then act according to the Board's decision. The trust's working trustee cannot ask the Board directly; the reference comes from the Assistant Commissioner. This example assumes that Chapters VI and VII have been applied to the trust by notification under section 1(4).
Two names, one body
Section 2 calls it the "State advisory Board of public trusts" and section 11(1) names it the "Rajasthan Public Trust Board". Both refer to the same body. Section 12(2) refers to advice tendered "under section 14", consistent with section 14(1).
Need help with the Board or Committee process?
If your trust's application for sanction or accounts matter involves the Regional Advisory Committee or the Board, our team can explain the route and prepare your papers so that the Assistant Commissioner has what he needs. Begin with a compliance advisory discussion about your trust.
Key takeaways
- The Rajasthan Public Trust Board is established by Gazette notification, with members as prescribed.
- Members hold office for five years from the date of the notification, unless the Act provides otherwise.
- The Board advises the State Government on the Commissioner's work and on difficulties in the Act.
- A disagreement between an Assistant Commissioner and a Committee on Chapter VI and VII powers goes to the Board.
- The Assistant Commissioner must act according to the Board's decision.
- The State Government may issue directions to the Commissioner after considering the Board's views.
Read next
- Sections 13 to 15 of the Rajasthan Public Trusts Act, 1959: Regional Advisory Committees
- Rules 4 to 9 of the Rajasthan Public Trust Rules, 1962: composition and allowances
- Sections 7 to 10 of the Rajasthan Public Trusts Act, 1959: the Devasthan Commissioner
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.