Sections 3 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.
Chapter II of the Rajasthan Public Trusts Act, 1959 protects public trusts in Rajasthan from four common defects in drafting. Sections 3 to 6 say that a public trust is not void merely because its beneficiaries are unascertained, because some of its purposes are not charitable or religious, because no obligation is attached to the gift, or because its specific object has failed.
This article explains sections 3 to 6 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.
Chapter II (sections 3 to 6) came into force at once under section 1(3), so it needs no notification. A Rajasthan public trust is not void because the persons or objects are unascertained (section 3), because some purposes are not charitable or religious (section 4), because no obligation is annexed to the disposition (section 5), or because the specific object has become impossible or the society has ceased to exist (section 6). Each section saves the trust; none of them says what then happens to the property.
Why Chapter II exists
Old trust deeds were often written loosely. A donor might leave land "for dharma", name a society that later closed, or mix a temple lamp with a family purpose. A strict reading could strike the whole gift down. Chapter II prevents that outcome for public trusts under this Act. Because the Chapter is among those in force at once (see section 1), its protection does not wait for any Gazette notification.
The terms "public trust", "charitable endowment" and "religious endowment" are defined in section 2.
Trustees holding a loosely worded deed can take a legal consultation to see which of these protections applies.
The four sections side by side
| Section | Defect | Rule as printed |
|---|---|---|
| 3 | Persons or objects unascertained | A public trust is not void on that ground, notwithstanding any law, custom or usage. |
| 4 | Some purposes charitable or religious, some not | The trust is not void with respect to the charitable or religious purpose because it is void with respect to the other. |
| 5 | No obligation annexed | A disposition for a religious or charitable purpose is not void as a public trust only on that ground. |
| 6 | Specific object impossible, or society or institution gone | The trust is not void only on that ground, even if there was no intent to apply the property to a general charitable or religious purpose. |
Section 3: unascertained persons or objects
Section 3 begins "Notwithstanding any law, custom or usage". A public trust shall not be void on the ground that the persons or objects for whose benefit it is created are unascertained. The Explanation adds that a public trust created for such objects as "Dharama or Punya-karya" is not to be deemed void only on that ground.
In practice this protects the many gifts made "for religious merit" or "for the poor of the village" without a list of beneficiaries. The trust stands even though no individual can be named. The sense is that a trust is not void merely because its beneficiaries or objects are not identified in advance.
Section 4: mixed purposes
Section 4 deals with a trust created for purposes some of which are charitable or religious and some are not. The charitable or religious part is not to be treated as void because the other part is void. The section does not say that the invalid part is saved. It protects the valid part from being dragged down.
Consider an invented endowment by Mr Dinesh Agarwal of Kota: a house given for a temple lamp, a school scholarship and the private pleasure of a named friend. The temple and scholarship purposes can stand under section 4 even if the private purpose cannot. The text does not itself say how the property relating to the invalid purpose is to be dealt with, so a reader needs the deed and advice for that question.
Section 5: no obligation annexed
Section 5 covers a disposition of property for a religious or charitable purpose. It is not to be deemed void as a public trust only because no obligation is annexed to it requiring the person in whose favour it is made to hold it for the benefit of a religious or charitable object. A gift that does not say "hold this on trust" can still be a public trust if the purpose is religious or charitable.
The effect is to look at the purpose of the disposition rather than the form of words. The recipient of such a gift may be a trustee, a manager or a head of a math. The section does not say what steps follow, and the later Chapters on registration and management deal with that.
Section 6: failure of object or disappearance of the society
Section 6 covers two situations. A public trust is created for a specific object of a charitable or religious nature, or for the benefit of a society or institution constituted for such a purpose. The trust is not void only because:
- (a) the performance of the specific object has become impossible or impracticable; or
- (b) the society or institution does not exist or has ceased to exist.
The section adds "notwithstanding the fact that there was not intent for the appropriation of the trust property for a general charitable or religious purpose". Read this way, the trust survives even if the founder never expressed a wider charitable intention.
What the section does not do is equally important. The text consulted does not say who decides how the property is applied once the specific object fails, or by what scheme. For that question the trustees should look at the deed, at the application for directions in Chapter VIII, and at the current official text.
Maharashtra's parallel rule
For readers who also deal with Maharashtra, Sections 10 to 13 of the Maharashtra Public Trusts Act, 1950 cover similar ground in that State. The Rajasthan provisions explained here apply in Rajasthan only.
Practical points for trustees and auditors
- A deed that is vague about beneficiaries is not, for that reason alone, void under section 3.
- When a deed mixes charitable and other purposes, record which purposes are charitable or religious, because section 4 protects only that part.
- If a society named in the deed has been wound up or struck off, section 6(b) preserves the trust; the trustees should still approach the authorities under the Act for direction rather than treat the property as their own.
- A gift with no "hold on trust" wording is still tested by its purpose under section 5.
- These four sections are about validity only. Registration, accounts and control are separate duties in later Chapters.
Need help with an old or unclear trust deed in Rajasthan?
Old deeds that are vague, mixed or tied to a society that no longer exists raise real questions for trustees. Our team can read the deed with the Act and explain where the protection in Chapter II applies and what else must be done. You can start with a legal consultation about your trust.
Key takeaways
- Chapter II (sections 3 to 6) is among the Chapters in force at once.
- Unascertained persons or objects do not make a public trust void (section 3), including trusts for Dharama or Punya-karya.
- Invalid non-charitable purposes do not void the charitable or religious part (section 4).
- Absence of an obligation annexed to the gift does not by itself void a public trust (section 5).
- Impossibility of the specific object, or the end of a society or institution, does not by itself void the trust (section 6).
- The sections do not say how the property is applied after a failure; check the deed and the later Chapters.
Read next
- Section 2 of the Rajasthan Public Trusts Act, 1959: definitions
- Sections 7 to 10 of the Rajasthan Public Trusts Act, 1959: the Devasthan Commissioner and officers
- 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.