Section 4 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 4 of the Madhya Pradesh Public Trusts Act, 1951 requires the working trustee of every public trust in Madhya Pradesh to apply to the Registrar for registration within three months, sets the fee ceiling, lists what the application must contain and settles which Registrar acts when two applications are filed for the same trust.
This article explains section 4 of the Madhya Pradesh Public Trusts Act, 1951 (M.P. Act No. 30 of 1951) as amended up to the date of the English text consulted on 3 October 2026 (published without amendment footnotes; bracketed words show that the State has amended it). Check the current text with the State's Devasthan Department or Registrar of Public Trusts before relying on it.
The working trustee of every public trust must apply to the Registrar having jurisdiction within three months from the date the section comes into force in the area or from the date the trust is created, whichever is later (section 4(1)). The fee, if any, must not exceed five rupees (section 4(2)). The application is in the prescribed form and contains the particulars in clauses (i) to (x) of section 4(3), is signed and verified like a plaint and carries a copy of the trust instrument (section 4(6)). If two Registrars are approached, the first one decides jurisdiction, with an appeal within thirty days (section 4(4) and (5)).
Who applies, and by when
Sub-section (1): "Within three months from the date on which this section comes into force in any area or from the date on which a public trust is created, whichever is later, the working trustee of every public trust shall, apply to the Registrar having jurisdiction for the registration of the public trust."
The "working trustee" is defined in section 2(9): the person who administers the trust property, including a manager, the head of a math and the mutawalli of a wakf. The date on which the section comes into force in an area depends on section 1(3); the notifications for regions other than the Mahakoshal region are not part of the text consulted, so no date or region is named here. This article does not compute any calendar date from the three months. The Registrar having jurisdiction is the Collector under section 3. A trust unsure of its filing position can ask our compliance documentation team to review it.
Fee
Sub-section (2): "Such application shall be accompanied by such fees, if any, not exceeding five rupees as may be prescribed." The Act sets only a ceiling. The prescribed amounts appear in the Rules, explained in rules 1 to 5.
What the application must contain
Sub-section (3): the application is in the prescribed form and "shall among other things contain the following particulars":
| Clause | Particular |
|---|---|
| (i) | The origin, nature and object of the public trust |
| (ii) | The place of the principal office or principal place of business |
| (iii) | Names and addresses of the working trustee and the manager |
| (iv) | The mode of succession to the office of the trustees |
| (v) | The list of the movable and immovable trust property in the State with a description and particulars sufficient for identification |
| (vi) | The approximate value of the movable and immovable property |
| (vii) | The income from movable and immovable property and any other source, based on gross annual income during the three years immediately before the application, or the period since the trust was created if shorter; for a newly created trust, the estimated income |
| (viii) | The average annual expenditure, estimated on the expenditure in the period to which the particulars under clause (vi) relate |
| (ix) | The address for communications to the working trustee or manager |
| (x) | Such other particulars as may be prescribed |
Clause (viii) refers to the particulars "under clause (vi)", although the income period is described in clause (vii); the published copy appears to have a cross-reference slip, and it is read here as the period used for the income in clause (vii). A proviso says the rules may provide that for any or all public trusts it is not necessary to give particulars of trust property of a value and kind the rules specify. The Rules use this power; see rule 4(4) in the Rules article. The word "State" in clause (v) is in square brackets, which shows an amendment.
Competing applications and appeal
Sub-section (4). "No Registrar shall proceed with any application for the registration of a public trust in respect of which an application for registration has been filed previously before any other Registrar and the Registrar before whom the application was filed first shall decide which Registrar shall have jurisdiction to register the public trust."
Sub-section (5). "Any appeal against the order of the Registrar under sub-section (4) may be filed within thirty days of the order before such officer as the State Government may, by notification, appoint, and subject to the decision in such appeal the order of the Registrar under sub-section (4) shall be final." The notification appointing the appellate officer is not part of the text consulted.
Signature, verification and attachments
Sub-section (6). The application "shall be signed and verified in accordance with the manner laid down in the Code of Civil Procedure, 1908 (V of 1908), for signing and verifying plaints". It must be accompanied by a copy of the instrument of trust, if such instrument has been executed and is in existence, and, where the trust property includes immovable property about which a record is kept, a copy of the entries about that property in the record of rights. The Code of Civil Procedure, 1908 is quoted as printed; check the law now in force.
Consequences of not applying
The Act has two consequences that are visible in its text. Section 32 bars a suit to enforce a right on behalf of a public trust that has not been registered; see sections 28 to 34A. And section 33(1) provides that whoever contravenes section 4 shall be punished with a fine which may extend to one thousand rupees, as printed in the published copy. The Act does not say more about the procedure of prosecution in section 33.
Worked example
An invented public trust, Shri Rewa Sant Kutir Trust, is created by a deed. Its manager, Mr Dinesh Pandey, is the working trustee. He applies to the Collector of Rewa as Registrar within three months, enclosing a copy of the deed and the record-of-rights entries for the temple land, signed and verified in the plaint manner. By mistake the trust's secretary also applies to the Collector of a neighbouring district. The first Registrar decides which of them has jurisdiction, and any appeal against that order must be filed within thirty days.
Practical points
- Apply within three months from the later of the two dates in sub-section (1).
- Attach the instrument of trust and the record-of-rights entries for immovable property.
- Have the application signed and verified in the manner for plaints.
- File with one Registrar only, to avoid a jurisdiction dispute.
Need help with registration?
A correct application avoids delay in the inquiry that follows. We can prepare the application, assemble the trust deed and property records and check them against the Act and Rules before you file. Start through our compliance documentation service.
Key takeaways
- The working trustee applies to the Registrar having jurisdiction within three months from the later of the date the section comes into force in the area and the date the trust is created.
- The fee, if any, must not exceed five rupees as the Act prints it (section 4(2)).
- The application carries the particulars in clauses (i) to (x) and is verified like a plaint.
- The Registrar first approached decides which Registrar has jurisdiction; appeal lies within thirty days.
- Failure to register bars suits by the trust and attracts the fine in section 33(1) as printed.
Read next
- Section 3 of the Madhya Pradesh Public Trusts Act, 1951: the Collector as Registrar of Public Trusts
- Sections 5 to 8 of the Madhya Pradesh Public Trusts Act, 1951: inquiry, findings, entries and civil suit
- Rules 1 to 5 of the Madhya Pradesh Public Trusts Rules, 1962: register and application for registration
- Stamp Duty on Trust Deed
Disclaimer: Based on the English texts of the Madhya Pradesh Public Trusts Act, 1951 and Madhya Pradesh Public Trusts Rules, 1962, as consulted on 3 October 2026; those copies do not state the date of their 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.