Sections 41 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 41 to 43 of the Rajasthan Public Trusts Act, 1959 provide the route to a new working trustee for a public trust in Rajasthan when the present one dies, disclaims, goes abroad, is declared insolvent or cannot or will not act. The Assistant Commissioner decides whether the matter goes to court, the Commissioner can review a refusal, and the court appoints having regard to five listed considerations.
This article explains sections 41 to 43 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 working trustee dies, disclaims, is absent from India for six continuous months without leave or leaves India to reside abroad, is declared insolvent, wishes to be discharged, refuses to act, becomes unfit or incapable, or is not available, the working trustee or a person having interest may apply to the Assistant Commissioner for permission to apply to the court (section 41(1)). Within ninety days of a rejection or refusal, a person may go to the Commissioner (section 42). The court appoints the new working trustee, having regard to five matters, and its order is a decree appealable to the High Court (section 43). Chapter VIII applies only to classes notified under section 1(4).
The notification point
Sections 41 to 43 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. Trustees recording a change of working trustee can use our board resolution and legal documents service to prepare the resolution that accompanies the application.
Section 41: the grounds and the Assistant Commissioner
Sub-section (1). The grounds, as printed, are that the present working trustee:
| Clause | Ground |
|---|---|
| (a) | Disclaims or dies |
| (b) | Is for a continuous period of six months absent from India without the leave of the Commissioner, an Assistant Commissioner or another officer authorised by the State Government, or leaves India for the purpose of residing abroad |
| (c) | Is declared an insolvent |
| (d) | Desires to be discharged from the trust |
| (e) | Refuses to act as a trustee |
| (f) | Becomes unfit or physically incapable to act in the trust, or accepts a position inconsistent with the trust |
| (g) | Is not available to administer the trust |
On any of these grounds, "such working trustee or any person having interest in the public trust, as the case may be, may apply to Assistant Commissioner having jurisdiction for permission to apply to the court for the appointment of a new working trustee". The working trustee is defined in section 2.
Sub-section (2). The Assistant Commissioner, after such inquiry as he considers necessary and, where the application has not been made by the working trustee himself, after giving him a reasonable opportunity of being heard, directs the working trustee, any other trustee or a person having interest to apply to the court for a new working trustee. Where the person so directed fails to apply, or for any other reason the Assistant Commissioner considers it expedient, he shall himself make the application. The published text of sub-section (2) is compressed; read the official text for the exact wording of the direction.
Section 42: review by the Commissioner
If the Assistant Commissioner rejects an application under section 41(1) or fails or refuses to make an application to the court himself under section 41(2), the Commissioner may:
- on an application made to him within ninety days of such rejection, failure or refusal; or
- upon 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 for the appointment of a new working trustee. Subject to that, the Assistant Commissioner's orders under section 41 are final.
The structure mirrors sections 38 to 40, which deal with directions of the court on failure of object or poor management.
Section 43: the court appoints
Sub-section (1). On an application under or in pursuance of section 41 or 42, the court makes or causes to be made such inquiry as it deems necessary and "may appoint such person as it thinks fit to be the new working trustee". In making the appointment the court has regard:
- to the wishes of the author of the trust;
- to the wishes of the person, if any, empowered to appoint a new trustee;
- to the question whether the appointment will promote or impede the execution of the trust;
- to the interest of the public or the section of the public who have interest in the trust; and
- to the custom and usage of the trust.
Sub-section (2). The court's order is deemed a decree of the court and an appeal lies to the High Court.
Different Act, different rules
The Indian Trusts Act, 1882 is a separate Central Act and does not govern public trusts. Our post on the appointment of a new trustee by resolution and deed is a separate subject, outside this Rajasthan Act. The route in sections 41 to 43 applies to the working trustee of a public trust under this Rajasthan Act, and it runs through the Assistant Commissioner and the court.
What the sections do not say
- No time limit is stated for the Assistant Commissioner's decision under section 41.
- The text does not say who runs the trust while the application is pending.
- It does not say how long the court has.
- "Not available to administer the trust" in clause (g) is not defined.
Worked example
An invented trust, Shri Tejaji Maharaj Seva Sansthan, Nagaur, has a working trustee, Mr Roop Singh, who leaves India to settle abroad. A member of the trust, Mr Hari Ram, a person having interest, applies to the Assistant Commissioner for permission to apply to the court for a new working trustee. After inquiry and a hearing, the Assistant Commissioner directs Mr Hari Ram to apply within the time he fixes. If Mr Hari Ram does not, the Assistant Commissioner applies himself. The District Court then considers the wishes of the founder, any person with power to appoint, whether the appointment will promote the trust, the interest of the public concerned and the custom of the trust. Had the Assistant Commissioner rejected the first application, Mr Hari Ram could go to the Commissioner within ninety days.
Practical checklist
- Identify which of the seven grounds applies, and collect the proof (death certificate, travel record, insolvency order, resignation letter).
- Apply in writing to the Assistant Commissioner having jurisdiction.
- Prepare a resolution naming the person proposed and why.
- Note the date of any rejection for the ninety days.
- Collect the trust deed, family or usage records and the founder's wishes for the court.
Need help appointing a new working trustee?
A change of working trustee needs the right grounds, the right papers and a hearing. Our team can prepare the trustees' resolution and application and coordinate with your advocate for the court stage. Start with board resolution and legal documents support for the application.
Key takeaways
- Seven grounds are listed for applying for a new working trustee, including death, disclaimer, absence from India for six continuous months, insolvency and unavailability.
- The working trustee or a person having interest applies to the Assistant Commissioner for permission to apply to the court.
- The Assistant Commissioner can direct an application or make it himself.
- The Commissioner may review a rejection or refusal on an application within ninety days.
- The court appoints the new working trustee, having regard to the founder's wishes, the appointer's wishes, the trust's execution, the public interest and custom.
- Chapter VIII applies only to classes notified under section 1(4).
Read next
- Sections 38 to 40 of the Rajasthan Public Trusts Act, 1959: application for directions
- Sections 50 and 51 of the Rajasthan Public Trusts Act, 1959: vacancy in the board of trustees
- Appointment of New Trustee: Resolution and Deed
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.