Supersession of 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 59 to 63 of the Rajasthan Public Trusts Act, 1959 say how a committee of management for a public trust in Rajasthan works and what happens if it fails. They cover meetings and procedure, sub-committees, ten specific duties, the Commissioner's power to have a duty performed at the committee's cost, and the State Government's power to supersede the committee after a show-cause.
This article explains sections 59 to 63 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.
A committee meets at prescribed intervals and follows prescribed procedure, but day-to-day business follows regulations approved by the State Government; no act is invalid merely because of a vacancy or a defect in constitution (section 59). It may appoint sub-committees (section 60). Its duty is to manage and administer the trust, with ten listed duties (section 61). The Commissioner, with the previous sanction of the State Government, may provide for a duty to be performed and charge the cost to the trust's fund (section 62). The State Government may supersede a committee that is unable to perform, persistently defaults or abuses its powers, after giving it a reasonable opportunity to show cause (section 63). 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. Committees that want help with governance and records can use our compliance advisory service. The constitution and members of the committee are explained in sections 52 and 53 and sections 54 to 58.
Section 59: meetings and procedure
Sub-section (1). A committee meets "at such intervals and follows such procedure in exercising its powers and discharging its duties and functions as may be prescribed". The day-to-day proceedings and routine business are disposed of in accordance with regulations made by the committee and approved by the State Government. The prescribed intervals are in the Rules; see our article on rules 37 to 39 of the Rajasthan Public Trust Rules, 1962.
Sub-section (2). No act or proceeding of a committee shall be invalid by reason only of a vacancy among its members or any defect in its constitution. A committee that is short of members can therefore still act validly, though the vacancy should be filled under section 58.
Section 60: sub-committees
A committee may, by resolution, appoint such sub-committees as it thinks fit and delegate to them the powers and duties it specifies in the resolution. A sub-committee may associate with itself, generally or for a particular purpose, in the manner determined by regulations, any person who is not a member but whose assistance or advice it desires. The associated person may take part in the sub-committee's relevant discussions but has no right to vote.
Section 61: duties
Sub-section (1). Subject to the general and special orders of the Commissioner, the committee's duty is to manage and administer the affairs of the trust or trusts for which it was constituted, and to exercise its powers and discharge its duties under the Act or the trust instrument so as to ensure that the endowment or other property is properly maintained, controlled and administered, and the income is duly applied to the objects and purposes for which the trust was created or is intended to be administered.
Sub-section (2). In particular, the committee shall:
| Clause | Duty |
|---|---|
| (a) | Maintain the record containing information, so far as it can be collected, on the origin, income and object of the trust |
| (b) | Prepare a budget estimating its income and expenditure |
| (c) | Keep separate accounts for each public trust for which it is constituted |
| (d) | Ensure that income and property are applied to the objects and purposes of the trust |
| (e) | Superintend, control and manage all the affairs of the trust or trusts |
| (f) | Inspect or cause to be inspected the properties |
| (g) | Institute and defend suits and proceedings relating to the trust or trusts |
| (h) | Take measures to recover lost properties |
| (i) | Supply returns, statistics, accounts and other information the State Government requires |
| (j) | Generally do all acts necessary for proper control, maintenance and administration, or conducive to the stability and well-being of the trust, with due regard to its objects and the wishes of its founders |
Explanation. "Maintenance" of a public trust includes (i) running it in accordance with the tenets of the religion or persuasion it represents, with due regard to its objects and the founders' wishes so far as ascertainable; (ii) the day-to-day administration of properties and endowments; (iii) payment of dues and debts outstanding; and (iv) payment of the allowances determined under section 65(2).
Section 62: the Commissioner steps in
The Commissioner may, "with the previous sanction of the State Government", provide for the performance of any duty which a committee is bound to perform under the Act or under rules or directions made or given under it. He may direct that the expenses of performing the duty be paid from the trust's fund by the person who has custody of that fund. The power depends on the State Government's previous sanction and is limited to duties the committee is bound to perform.
Section 63: supersession
Sub-section (1). If the State Government is of opinion that a committee is unable to perform, or has persistently made default in the duties imposed on it by the Act or any other law, or has exceeded or abused its powers, it may supersede the committee by Gazette notification for the period specified. Before issuing the notification it must give the committee a reasonable opportunity to show cause and consider its explanations and objections.
Sub-section (2). On publication of the notification, the Chairman and all members vacate office. The committee's powers and duties are exercised, during supersession, by the person or persons the State Government directs, having regard to section 55 (the disqualifications).
Sub-section (3). The State Government may extend the period by Gazette notification from time to time.
Sub-section (4). In calculating the period, the time spent in prosecuting and disposing of any court petition or proceeding challenging the validity of the supersession order is excluded.
Sub-section (5). On or before the end of the period or extended period, the State Government shall reconstitute the committee in the manner provided in section 53.
Escalation in one view
| Step | Section | Who | Condition |
|---|---|---|---|
| Duty not performed | 62 | Commissioner | Previous sanction of the State Government; cost from the trust's fund |
| Show-cause | 63(1) proviso | State Government | Before any supersession |
| Supersession | 63(1) | State Government | Unable to perform, persistent default, or exceeding or abusing powers |
| Reconstitution | 63(5) | State Government | On or before the end of the period or extended period |
Worked example
An invented committee for Shri Charbhuja Temple, Pushkar, fails for two years to prepare the budget required by section 61(2)(b) and does not keep separate accounts for the temple's second trust. The Commissioner, with the State Government's previous sanction, arranges for a chartered accountant to prepare the budget and accounts and directs that the fee be paid from the fund by the person who holds it. When the defaults continue, the State Government issues a notice to the committee to show cause why it should not be superseded, considers the reply and supersedes it for a stated period. The Chairman and members vacate office, someone directed by the State Government exercises the powers, and the State Government reconstitutes the committee before the period ends.
Practical points
- Keep minutes of every meeting and of each sub-committee.
- Obtain State Government approval for the committee's regulations.
- Treat the ten duties in section 61(2) as a checklist for the year.
- Reply to any show-cause notice in time with documents.
- Keep a record of any court challenge, since its duration is excluded from the period of supersession.
Need help running a committee properly?
A committee that keeps its records, meetings and accounts in order is far less likely to face a step-in or supersession. Our team can set up a governance calendar and checklists and respond to notices on your behalf. Ask for a compliance advisory review of your committee's work.
Key takeaways
- A committee meets and acts under the Rules and its own regulations approved by the State Government.
- A vacancy or a defect in constitution does not by itself invalidate its acts.
- Sub-committees may be appointed by resolution, and non-members may be associated without a vote.
- Section 61(2) lists ten specific duties and an Explanation defines "maintenance".
- The Commissioner may have a duty performed, with the State Government's previous sanction, and charge the cost to the trust's fund.
- Supersession requires a show-cause opportunity, and the committee must be reconstituted on or before the end of the period.
Read next
- Sections 54 to 58 of the Rajasthan Public Trusts Act, 1959: hereditary trustee, disqualification, term and removal
- Sections 64 and 65 of the Rajasthan Public Trusts Act, 1959: regulations and rights of hereditary trustees
- Rules 37 to 39 of the Rajasthan Public Trust Rules, 1962: committee meetings and allowances
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.