Section 16 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 16 of the Rajasthan Public Trusts Act, 1959 tells a public trust in Rajasthan which officer registers it and what record that officer keeps. The Assistant Commissioner whose area contains the principal office or principal place of business declared in the application is in charge of registration, and he maintains the register of public trusts.
This article explains section 16 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 Assistant Commissioner is in charge of registering every public trust whose principal office or principal place of business, as declared in the application under section 17(1), is within the local limits of his area (section 16(1)). He must maintain a register of public trusts and such other books and registers in the form prescribed (section 16(2)). Chapter V applies only to the classes of public trusts the State Government has notified under section 1(4).
Chapter V applies by notification
Chapter V (sections 16 to 29) is one of the Chapters that come into force only on the date, and for the class or classes of public trusts, that the State Government specifies by notification in the official Gazette under section 1(4). The notifications are not part of the text consulted, so this article names no class of trusts. A trust should first confirm that a notification covers it; our compliance documentation team can check this before any application is prepared.
What section 16 says
Section 16 has two sub-sections.
Sub-section (1). The Assistant Commissioner shall be in charge of the registration of all public trusts "the principal officers, or the principal places of business of which, as declared in the application under sub-section (1) of section 17, situate within the local limits of the area of his jurisdiction". The published copy reads "principal officers"; the context, and the wording used in section 17(4)(ii), show that the intended words are "principal office". The rule is territorial and it depends on what the application declares.
Sub-section (2). The Assistant Commissioner shall maintain a register of public trusts and such other books and registers in such form as may be prescribed. The "register" in sections 21, 23 and 26 is this register; section 2 defines "register" as a register maintained under section 16(2).
How territorial jurisdiction works
The local limits of each Assistant Commissioner's area are fixed by the State Government under section 8. Three consequences follow:
- Registration is not chosen by the trust. It follows the place of the principal office or principal place of business declared in the application.
- A trust with property in several areas is still registered by one Assistant Commissioner, the one in charge under section 16(1). Where trust property lies in more than one area, section 25 requires that officer to send copies of the entries to the other Assistant Commissioners.
- If two applications for the same trust are filed before different Assistant Commissioners, section 17(6) and (7) decide which of them proceeds; see our article on section 17.
A trust whose head office is outside Rajasthan is reached through its working trustee in the State, as clause (18)(b) of section 2 provides, and the declared principal office in the application then decides the officer.
The register and what depends on it
Much of Chapter V depends on the register:
| Later section | Link to the register |
|---|---|
| 21 | Entries are made in the register in accordance with the finding of the Assistant Commissioner or the Commissioner's decision on appeal. |
| 22 | A suit may be filed to have an entry cancelled or modified. |
| 23 | Changes in the entries are reported by the working trustee. |
| 26 | A court sends a copy of its decision so that an entry can be made or amended. |
| 29 | A suit on behalf of a public trust that is required to be registered but is not registered cannot be heard. |
Our article on sections 20 to 22 explains how entries are made and challenged.
What the section does not say
The text of section 16 does not set out the form of the register or of the other books. It leaves them to the rules. Our article on rules 16 to 19 of the Rajasthan Public Trust Rules, 1962 covers the registers kept by Assistant Commissioners, the application, the fee and the certificate. The section also says nothing about public access to the register; inspection rights in the Act are in section 36 and relate to specified documents.
Worked example
An invented trust, Shri Laxmi Narayan Dharmarth Nyas, has its principal office in Bikaner and a farm in another district. The application declares the Bikaner office as the principal office. Under section 16(1), the Assistant Commissioner for the Bikaner area is in charge of registration. Once the entries are made, section 25 requires him to send copies to the Assistant Commissioner of the area where the farm lies. The trust's working trustee, Mr Ramesh Vyas, should therefore state the principal office carefully, since that statement decides the officer.
Practical checklist
- Confirm that a notification applies Chapter V to the trust.
- Identify the principal office or principal place of business that the application will declare.
- Find the Assistant Commissioner whose area contains that place.
- Prepare the application in the form prescribed (section 17).
- After registration, keep a copy of the entries for the trust's own records.
Need help with registration papers?
The right officer, the right declaration of the principal office and a complete application save weeks later. Our team can prepare the registration file for a trust in Rajasthan and check it against the Act before it is filed. You can ask about compliance documentation for your trust.
Key takeaways
- The Assistant Commissioner whose area contains the declared principal office or principal place of business is in charge of registering the trust.
- He must maintain a register of public trusts and other books and registers in the prescribed form.
- Chapter V applies only to the classes of trusts notified under section 1(4).
- Property in other areas is dealt with through section 25 copies, not a second registration.
- The form of the register is left to the rules.
Read next
- Section 17 of the Rajasthan Public Trusts Act, 1959: the application for registration
- Rules 16 to 19 of the Rajasthan Public Trust Rules, 1962: registers, application and certificate
- Trust Registration in Rajasthan: Rajasthan Public Trusts Act
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.