For directions 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 38 to 40 of the Rajasthan Public Trusts Act, 1959 give the Assistant Commissioner a route to the District Court when a public trust in Rajasthan has failed in its object or is badly run. He can direct the trustees to apply to the court within thirty days or apply himself, the Commissioner can overrule a refusal, and the court can remove trustees and frame a scheme.
This article explains sections 38 to 40 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.
If the Assistant Commissioner is satisfied, after inquiry, that the original object has failed, the trust property is not properly managed, or the court's direction is necessary, he may direct the working trustee, any trustee or a person having interest to apply to the court within a time not exceeding thirty days (section 38(1)); failing that, he applies himself (section 38(2)). Within ninety days of a rejection, failure or refusal, a person may apply to the Commissioner (section 39). The court may remove or appoint trustees, allocate property, provide a scheme, direct how funds are spent and issue other directions, and its order is a decree appealable to the High Court (section 40). Chapter VIII applies only to classes notified under section 1(4).
The notification point
Sections 38 to 40 are in Chapter VIII, which comes into force only for the class or classes of public trusts notified under section 1(4). The notifications are not part of the text consulted, so no class of trusts is named here. A trust facing a possible direction can take advice through our legal dispute resolution team before the thirty-day period begins to run.
Section 38: the Assistant Commissioner acts
Sub-section (1). On the application of any person having interest in a public trust, or otherwise, the Assistant Commissioner, after such inquiry as he thinks necessary, may act if he is satisfied that:
- (a) the original object of the public trust has failed;
- (b) the trust property is not being properly managed or administered; or
- (c) the direction of the court is necessary for the administration of the public trust.
He may then, "after giving the working trustee an opportunity of being heard", direct the working trustee, any other trustee or any person having interest to apply to the court for directions within a time he specifies, "not exceeding thirty days".
Sub-section (2). If the person so directed fails to apply, or if there is no trustee of the public trust, or if for any other reason the Assistant Commissioner considers it expedient, he shall himself make an application to the court.
The court is the District Court (section 2). Three features stand out: the Assistant Commissioner can act on a stakeholder's request or on his own; the working trustee is heard before the direction; and the thirty days is a ceiling set by the Assistant Commissioner, not a fixed period.
Section 39: the Commissioner's review
Sub-section (1). If the Assistant Commissioner rejects an application under section 38(1), or fails or refuses to apply to the court himself under section 38(2), the Commissioner may:
- on an application made to him within ninety days of such rejection, failure or refusal; or
- upon the facts otherwise coming to his knowledge,
and after giving the working trustee a reasonable opportunity of being heard, set aside the Assistant Commissioner's order, if any, and require him to apply to the court himself for directions.
Sub-section (2). Subject to the Commissioner's orders under sub-section (1), all orders passed by the Assistant Commissioner under section 38 are final.
The ninety days run from the rejection, failure or refusal. No calendar date is computed here. The person applying to the Commissioner could be the person who sought the direction in the first place, such as a worshipper who asked the Assistant Commissioner to act. The section does not say who else may apply, so a trust in doubt should take advice.
Section 40: what the court can do
Sub-section (1). On receiving an application made under or in pursuance of section 38 or 39, the court "shall make or cause to be made such inquiry into the case as it deems necessary and pass such orders thereon as it may consider appropriate".
Sub-section (2). In exercising its powers, the court has power, besides others, to make an order for:
| Clause | Order |
|---|---|
| (a) | Removing any trustee |
| (b) | Appointing a new trustee |
| (c) | Declaring what portion of the trust property or of the interest in it shall be allocated to any particular object of the trust |
| (d) | Providing a scheme of management of the trust property |
| (e) | Directing how the funds of a public trust whose original object has failed shall be spent, having due regard to the object for which the trust was created |
| (f) | Issuing such other directions as the nature of the case may require |
Sub-section (3). An order under sub-section (2) is deemed to be a decree of the court, and an appeal lies from it to the High Court.
Clause (e) is the one that answers the question left open by sections 3 to 6: where the original object has failed, the court directs how the funds are to be spent with due regard to the object for which the trust was created.
The route in one view
| Stage | Who | Time as printed |
|---|---|---|
| Inquiry and hearing | Assistant Commissioner and working trustee | None stated |
| Direction to apply to the court | Assistant Commissioner | Within a time not exceeding thirty days |
| Assistant Commissioner applies himself | Assistant Commissioner | If the person directed fails, or there is no trustee, or he thinks it expedient |
| Review | Commissioner | Application within ninety days of rejection, failure or refusal |
| Court order | District Court | None stated |
| Appeal | High Court | None stated in these sections |
For new working trustees, a similar route exists in sections 41 to 43.
Worked example
An invented trust, Shri Vishwakarma Dharmik Nyas, Barmer, was created to run a school that closed years ago, and its land lies idle. A local resident, Mr Ibrahim Khan, a beneficiary and so a person having interest, asks the Assistant Commissioner to act. After an inquiry and a hearing of the working trustee, the Assistant Commissioner is satisfied that the original object has failed. He directs the working trustee to apply to the District Court within twenty days. If the trustee does not, the Assistant Commissioner applies himself. The court may then direct how the funds are to be spent, having due regard to the object for which the trust was created, and may frame a scheme. If the Assistant Commissioner had rejected Mr Khan's request, Mr Khan could apply to the Commissioner within ninety days.
Practical points
- A working trustee served with a direction should treat the specified period (thirty days at most) as a hard limit and consult an advocate at once.
- A person having interest whose request is rejected should note the date of rejection for the ninety-day period.
- Keep the deed, accounts and correspondence ready; the court may inquire.
- The Act does not say that the sections replace other remedies; see sections 44 to 46 on sections 92 and 93 of the Code of Civil Procedure.
Need help with a direction or a court application?
A direction to approach the court starts a short clock, and a rejected request has its own ninety days. Our team can assess the position, prepare the application or reply, and coordinate with your advocate. Reach us through legal dispute resolution for your trust.
Key takeaways
- The Assistant Commissioner can direct an application to the court where the original object has failed, the property is not properly managed, or the court's direction is necessary.
- The direction may fix a time not exceeding thirty days; if it is not followed, he applies himself.
- The Commissioner may be approached within ninety days of a rejection, failure or refusal.
- The court may remove or appoint trustees, allocate property, provide a scheme of management, direct how funds are spent and issue other directions.
- The order is a decree, and an appeal lies to the High Court.
- Chapter VIII applies only to classes notified under section 1(4).
Read next
- Sections 41 to 43 of the Rajasthan Public Trusts Act, 1959: appointing a new working trustee
- Sections 44 to 46 of the Rajasthan Public Trusts Act, 1959: sections 92 and 93 of the Civil Procedure Code
- Sections 3 to 6 of the Rajasthan Public Trusts Act, 1959: when a public trust is not void
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.