Sections 18 and 19 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 18 and 19 of the Rajasthan Public Trusts Act, 1959 describe what happens after a public trust in Rajasthan applies for registration. The Assistant Commissioner must inquire into eight listed matters after giving public notice, invite objections within sixty days, and then record written findings with reasons.
This article explains sections 18 and 19 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.
On receiving an application under section 17, or an application by a person having interest, or on his own motion, the Assistant Commissioner must inquire in the prescribed manner into eight matters (section 18(1)). He gives public notice and invites objections from persons having interest within sixty days (section 18(2)). At the end he records his findings with reasons (section 19). Chapter V applies only to classes of trusts notified under section 1(4).
Where the inquiry sits
Chapter V applies only to the class or classes of public trusts that the State Government has notified under section 1(4); the notifications are not part of the text consulted. The inquiry follows the application described in section 17. For background on the State registration route, see our post on trust registration in Rajasthan under the Rajasthan Public Trusts Act. A trust that wants its papers checked before the inquiry can ask for compliance documentation support.
Who can start the inquiry
Section 18(1) says the Assistant Commissioner makes the inquiry on any of three triggers:
- receipt of an application under section 17;
- an application made by any person having interest in a public trust; or
- his own motion.
The second and third triggers mean the inquiry need not wait for the working trustee. A person having interest, as defined in section 2(9), such as a worshipper of a temple, a disciple of a math, a member of a society or a beneficiary, can ask for it.
The eight matters of inquiry
The inquiry is held in the prescribed manner "for the purpose of ascertaining" the following:
| Clause | Matter |
|---|---|
| (i) | Whether a trust exists and whether it is a public trust. |
| (ii) | Whether any property is the property of the trust. |
| (iii) | Whether the whole or any substantial portion of the subject matter of the trust is situate within his jurisdiction. |
| (iv) | The names and addresses of the working trustee and the manager. |
| (v) | The mode of succession to the office of trustee. |
| (vi) | The origin, nature and objects of the trust. |
| (vii) | The amount of gross average annual income and expenditure. |
| (viii) | The correctness or otherwise of any other particulars furnished under section 17(4). |
Clauses (i) and (ii) are the decisive ones. If the Assistant Commissioner finds no public trust, or that a property is not trust property, that will shape what is entered in the register. Clause (iii) links back to territorial jurisdiction under section 16.
Public notice and objections
Section 18(2) requires the Assistant Commissioner to give public notice of the inquiry in the prescribed manner. The notice must invite all persons having interest in the public trust to file objections "within sixty days". The text of the section does not say from what date the sixty days run; the prescribed manner of notice in the Rules fills that gap. Our article on rules 20 and 21 of the Rajasthan Public Trust Rules, 1962 covers how the inquiry is held and the notice given.
For a person having interest, this is the window for raising a claim that property belongs to the trust, or that it does not, or that particulars in the application are wrong. The finding that follows is the one against which the appeal in section 20 lies.
Section 19: the finding
On completion of the inquiry, the Assistant Commissioner "shall record his findings with the reasons therefore as to the matters mentioned in the said section". Three things follow from the wording:
- The finding must cover the matters listed in section 18, so it is a structured decision and not a single yes or no.
- Reasons must be given. A finding without reasons does not meet the section.
- The finding is the base for the next steps: an appeal to the Commissioner under section 20 and entries in the register under section 21. See sections 20 to 22.
Section 19 does not state a time within which the finding must be recorded. If a trust is waiting, the practical step is to ask the Assistant Commissioner's office about the stage reached.
Sections 18 and 19 and later changes
The same pattern is reused later. Under section 23(3), a finding on a reported change is treated like a finding under section 19, and section 24 allows a further inquiry on particulars that were not inquired into earlier. So the discipline of notice, hearing and reasoned finding runs through Chapter V.
Worked example
An invented math, Shri Bhairav Dham Math, Ajmer, has applied for registration. The Assistant Commissioner publishes notice and invites objections within sixty days. A disciple, Ms Radha Devi, files an objection saying a plot is in fact held by the math. The Assistant Commissioner inquires into clause (ii) among the eight matters and records a finding, with reasons, on whether the plot is trust property. If the head of the math is aggrieved by that finding, an appeal lies to the Commissioner under section 20, and the register entries follow the final finding.
Practical points for the working trustee
- Keep the deed, the property list and the income and expenditure records ready, because clauses (ii), (vii) and (viii) test them.
- Watch the public notice period and any objection filed by a person having interest.
- Ask for a copy of the finding and read the reasons before deciding on an appeal.
- Do not treat the finding as final until the appeal period in section 20 has been considered.
Need help with a registration inquiry?
If your trust is facing an inquiry, objections or a finding you disagree with, our team can organise the records and explain the next step in plain terms. We can help with compliance documentation for the inquiry stage.
Key takeaways
- The inquiry can start on the working trustee's application, a person having interest's application or the Assistant Commissioner's own motion.
- Eight matters are inquired into, from the existence of a public trust to the correctness of the section 17(4) particulars.
- Public notice invites objections from persons having interest within sixty days.
- The Assistant Commissioner records written findings with reasons.
- Chapter V applies only to classes notified under section 1(4).
Read next
- Section 17 of the Rajasthan Public Trusts Act, 1959: the application for registration
- Sections 20 to 22 of the Rajasthan Public Trusts Act, 1959: appeal, entries and civil suit
- Rules 20 and 21 of the Rajasthan Public Trust Rules, 1962: inquiry and public notice
- 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.