Sections 54 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 54 to 58 of the Rajasthan Public Trusts Act, 1959 set the life cycle of a committee of management in Rajasthan. The hereditary trustee or head of a math must be given notice and heard before a committee is constituted, nine grounds disqualify a member, the term is five years, the State Government may remove after a show-cause, and new members are appointed when seats fall vacant.
This article explains sections 54 to 58 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.
Before constituting a committee for a trust with a hereditary trustee or for a math, the State Government must give notice to the hereditary trustee or head, consider his objection and hear him (section 54). A person is disqualified on nine grounds, including being under twenty-one, convicted of an offence involving moral turpitude, an undischarged insolvent, or interested in a lease or transaction relating to the endowment (section 55). The term is five years with eligibility for re-appointment, a hereditary trustee holding office until removed (section 56). The State Government may remove a member who incurs a disqualification after a show-cause, and its decision is final (section 57), and may appoint a new member on five stated events (section 58). Chapter X applies only to classes notified under section 1(4).
The notification point
Chapter X comes into force only on the date, and for the class or classes of public trusts, that the State Government specifies by notification under section 1(4). The notifications are not part of the text consulted, so no class of trusts is named. Hereditary trustees and heads of maths who think a committee may be constituted for their trust can take a legal consultation on their rights.
Section 54: notice to the hereditary trustee
Whenever a committee of management is appointed under section 53 for a public trust having a hereditary trustee or for a math, the State Government shall, before the constitution:
- give notice of its intention to the hereditary trustee or to the head of the math, as the case may be;
- consider any objection made by that person; and
- hear him.
A "hereditary trustee" is defined in section 2 as a trustee whose office devolves by hereditary right, is regulated by usage, or is provided for by the founder. The section gives no period for the notice or the objection.
Section 55: nine disqualifications
A person is disqualified for appointment as, or for being, a member of a committee of management if he:
| Clause | Ground |
|---|---|
| (a) | Is less than twenty-one years of age |
| (b) | Has been convicted by a criminal court of any offence involving moral turpitude |
| (c) | Is of unsound mind and so declared by a competent court |
| (d) | Is an undischarged insolvent |
| (e) | Is directly or indirectly interested in a lease or any other transaction relating to the endowment of the public trust |
| (f) | Is a paid servant of the committee of management |
| (g) | Is found to be guilty of misconduct |
| (h) | Ceases to profess the religion or persuasion, or to belong to the religious denomination, which the trust represents |
| (i) | Is otherwise unfit |
Clauses (e) and (f) deal with conflicts of interest, and clause (h) ties membership to the religion the trust represents. Clause (i) is open-ended and the text gives no test for it. The section does not say who decides, except through section 57.
Section 56: term and resignation
Sub-section (1). The Chairman and members hold office for five years and are eligible for re-appointment. Under the proviso, if the person appointed is the hereditary trustee of the trust, he holds the office of Chairman or member, as the case may be, hereditarily "until removed by the State Government under any provisions of this Act".
Sub-section (2). The Chairman or a member may resign by writing under his hand addressed to the State Government. Under the proviso, the resignation does not take effect until the State Government accepts it.
Section 57: removal
If it appears to the State Government that the Chairman or a member has incurred any of the disqualifications in section 55, it may, "after giving such Chairman or member an opportunity of showing cause and after considering any cause so shown", remove him from office. The decision of the State Government "shall be final". The section does not set a time for the show-cause. The Act provides no appeal against the State Government's removal in these words.
Section 58: appointment of a new member
The State Government may appoint a new Chairman or member when the Chairman or a member:
- (a) resigns or dies;
- (b) is for a continuous period of six months absent from India without leave of the Commissioner;
- (c) leaves India for the purpose of residing abroad;
- (d) refuses to act; or
- (e) is removed by the State Government under section 57.
The appointment is for the committee's constitution under section 53; the text does not say whether the new member serves for the remainder of the term or a fresh term. Absence from India for six continuous months also appears as a ground in section 41 for a working trustee.
The life cycle at a glance
| Stage | Section | Who acts |
|---|---|---|
| Notice and hearing | 54 | State Government to hereditary trustee or head of math |
| Qualification | 55 | State Government and the person appointed |
| Term of five years; resignation | 56 | Member; State Government accepts |
| Removal after show-cause | 57 | State Government |
| New appointment | 58 | State Government |
Worked example
An invented math, Shri Sidh Peeth Math, Bundi, has a head, Mahant Raghuvir Das, and is to come under a committee of management. The State Government gives him notice of its intention, considers his objection about the composition and hears him before constituting the committee. He is willing to be Chairman, so under the proviso to section 53(5) he holds that office. Later, another member, Mr Lalit Kumar, takes a lease of a plot belonging to the endowment; that interest falls within section 55(e). The State Government gives him a chance to show cause, considers his reply and removes him under section 57. It then appoints a new member under section 58(e).
Practical points
- Hereditary trustees and heads of maths should reply to a section 54 notice in writing and attend the hearing.
- Check each nominee against the nine grounds before appointment, especially clauses (e) and (f).
- A member who wishes to resign should note that the resignation takes effect only when accepted.
- If a show-cause notice is received, reply with documents and keep proof of delivery.
- Do not assume an appeal exists against removal; the text calls the decision final.
Need help as a hereditary trustee or committee member?
Notice, disqualification and removal affect the standing of a hereditary trustee, a head of a math and every committee member. Our team can advise on objections, replies to show-cause notices and the records that support them. Start with a legal consultation on your position.
Key takeaways
- The State Government must give notice to, consider the objection of and hear a hereditary trustee or head of a math before constituting a committee.
- Nine grounds disqualify a person, including being under twenty-one, moral turpitude, unsound mind, undischarged insolvency, interest in a transaction and being a paid servant of the committee.
- The term is five years with eligibility for re-appointment; a hereditary trustee holds office until removed.
- Resignation takes effect only on acceptance by the State Government.
- Removal requires a show-cause opportunity, and the State Government's decision is final.
- New members may be appointed on five stated events. Chapter X applies only to classes notified under section 1(4).
Read next
- Sections 52 and 53 of the Rajasthan Public Trusts Act, 1959: Chapter X and the committee of management
- Sections 59 to 63 of the Rajasthan Public Trusts Act, 1959: meetings, duties and supersession
- Sections 41 to 43 of the Rajasthan Public Trusts Act, 1959: appointing a new working trustee
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.