Vacancy in 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 50 and 51 of the Rajasthan Public Trusts Act, 1959 deal with two separate points in Chapter IX. A person aggrieved by an Assistant Commissioner's surcharge decision under section 49 may apply to the court within ninety days, and the working trustee of a trust run by a board of trustees must report a vacancy to the Assistant Commissioner within twenty days.
This article explains sections 50 and 51 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.
Any person aggrieved by the Assistant Commissioner's decision under section 49 may apply to the court to set it aside within ninety days of the decision; the court may confirm, reverse or modify it, remit the surcharge, make orders as to costs and stay recovery on conditions, and an appeal lies as from a decree (section 50). Where a trust is managed by a board of trustees, the working trustee must inform the Assistant Commissioner within twenty days of a vacancy and say when and how he proposes to fill it; if he does not, the Assistant Commissioner may fill it by written order, and an aggrieved person having interest may apply to the court within thirty days (section 51). Chapter IX applies only to classes notified under section 1(4).
The notification point
Sections 50 and 51 are in Chapter IX, 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. A person facing a surcharge order can ask our legal dispute resolution team to review it before the ninety days run out.
Section 50: the application to the court
Sub-section (1). "Any person, aggrieved by the decision of the Assistant Commissioner under section 49, may, within ninety days from the date of the decision, apply to the court to set aside such decision." The court is the District Court (section 2). The applicant need not be a trustee; any person aggrieved by the decision, such as one who is surcharged, can apply. The ninety days run from the date of the decision. No calendar date is computed here.
Sub-section (2). After taking such evidence as it thinks fit, the court may:
- confirm the decision;
- reverse it;
- modify it; or
- remit the amount of the surcharge,
and make such orders as to costs as it thinks proper.
Sub-section (3). Pending disposal of the application, the court may "for sufficient reasons" stay the proceedings for recovery of the surcharge on such conditions as it considers proper, including conditions as to security.
Sub-section (4). An appeal lies against the court's decision under sub-section (2) as if it were a decree from which an appeal ordinarily lies.
The surcharge itself is explained in sections 47 to 49. Section 71 provides that unpaid sums under section 49 or 50 are recoverable as arrears of land revenue, which is why a stay under section 50(3) matters in practice.
Section 51: vacancy in a board of trustees
Sub-section (1). "Where a public trust is under the management of a Board of trustees, the working trustee shall when a vacancy occurs in the board, inform the Assistant Commissioner within twenty days of such vacancy and the time within and the manner in which he proposes to fill the same."
Sub-section (2). If the working trustee fails to give that information, or to fill the vacancy within the time he specified, the Assistant Commissioner may, by an order in writing, fill the vacancy. Any person having interest in the trust who is aggrieved by that order may apply to the court to set it aside within thirty days from the date of the order.
| Step | Who | Time | Section |
|---|---|---|---|
| Vacancy occurs | Board of trustees | N/A | 51(1) |
| Inform the Assistant Commissioner and state time and manner of filling | Working trustee | Within twenty days of the vacancy | 51(1) |
| Fill the vacancy | Working trustee | Within the time he specified | 51(2) |
| Assistant Commissioner fills by written order | Assistant Commissioner | If information not given or vacancy not filled in time | 51(2) |
| Application to set aside the order | Person having interest | Within thirty days of the order | 51(2) |
Section 51 does not say how a vacancy is filled; that depends on the trust instrument or usage. It sets only the reporting duty and the default power. For trusts under Chapter X, vacancies in a committee of management are dealt with by the State Government under section 58; see our article on sections 54 to 58.
Two sections, two different clocks
| Section | Who may act | Forum | Period as printed |
|---|---|---|---|
| 50(1) | Any person aggrieved by the section 49 decision | District Court | Ninety days from the date of the decision |
| 51(2) | Person having interest aggrieved by the vacancy order | Court | Thirty days from the date of the order |
The application under section 50 is also different from the appeal to the Commissioner in section 20, which concerns registration findings.
Reading section 51 with section 41
If the working trustee himself ceases to act, the route is to apply for a new working trustee under sections 41 to 43. Section 51 concerns a vacancy among the trustees who form a board, while the working trustee remains in office.
Worked example
An invented trust, Shri Jageshwar Mahadev Seva Samiti, Tonk, is managed by a board of five trustees. One trustee dies. The working trustee, Mr Pramod Soni, writes to the Assistant Commissioner within twenty days, saying that he proposes to fill the vacancy within two months by a meeting of the founder's family. The time passes and nothing is done; the Assistant Commissioner fills the vacancy by a written order. A person having interest, Ms Neelam Khandelwal, who believes the person chosen is unsuitable, may apply to the court within thirty days of the order. In a separate matter, the trust's former manager is surcharged under section 49 and applies to the court under section 50 within ninety days, asking also for a stay on recovery on giving security.
Practical points
- Diary the date of any section 49 decision and the ninety days.
- When applying under section 50, ask for a stay under section 50(3) if recovery is threatened.
- On a vacancy, write to the Assistant Commissioner within twenty days and give a clear time and manner.
- Keep proof of the date the letter was sent.
- If an order filling a vacancy is made, diary the thirty days.
Need help challenging a surcharge or reporting a vacancy?
A surcharge order and a board vacancy both start short clocks. Our team can review the order, prepare the court application with a request for stay, or draft the vacancy report. Talk to us about legal dispute resolution for your trust.
Key takeaways
- A person aggrieved by a section 49 decision may apply to the court within ninety days to set it aside.
- The court may confirm, reverse or modify the decision, remit the surcharge, order costs and stay recovery on conditions, including security.
- An appeal lies from the court's decision as if it were a decree.
- The working trustee must report a board vacancy to the Assistant Commissioner within twenty days, stating the time and manner of filling it.
- If he fails, the Assistant Commissioner may fill the vacancy in writing, and an aggrieved person having interest may apply to the court within thirty days.
- Chapter IX applies only to classes notified under section 1(4).
Read next
- Sections 47 to 49 of the Rajasthan Public Trusts Act, 1959: returns, inspection and explanation
- Sections 41 to 43 of the Rajasthan Public Trusts Act, 1959: appointing a new working trustee
- Sections 54 to 58 of the Rajasthan Public Trusts Act, 1959: committee members, disqualification and removal
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.