Rights 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 64 and 65 of the Rajasthan Public Trusts Act, 1959 close Chapter X. A committee of management may make regulations with the State Government's approval, and a hereditary trustee of a public trust in Rajasthan keeps five listed rights, including residing in the trust's building, receiving personal offerings and an allowance fixed by the State Government.
This article explains sections 64 and 65 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 of management may, with the approval of the State Government, make regulations not inconsistent with the Act or the rules, including on day-to-day business, staff and their terms, and association of non-members with sub-committees (section 64). Nothing in the Act affects a hereditary trustee's rights to reside in a trust building, use it for the trust's purpose, receive bhents, nazars and offerings made personally to him, receive the allowance fixed under section 65(2) and take part in worship or service by custom (section 65(1)). The State Government fixes the allowance after considering his status, the trust's gross income and other prescribed particulars (section 65(2)). Chapter X applies only to classes notified under section 1(4).
The notification point
These sections are in Chapter X, which 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). Section 65 speaks of a hereditary trustee "of a public trust to which this chapter applies". The notifications are not part of the text consulted, so no class of trusts is named. Hereditary trustees who wish to understand their position can take a legal consultation.
Section 64: regulations
Sub-section (1). A committee may, "with the approval of the State Government", make regulations not inconsistent with the Act or the rules for carrying out its functions under the Act.
Sub-section (2). Without prejudice to that, the regulations may provide for:
| Item | Matter |
|---|---|
| (i) | The disposal of day-to-day proceedings and routine business |
| (ii) | The employment of officers and staff necessary for the committee's duties and functions |
| (iii) | The terms and conditions of their employment |
| (iv) | The manner in which a person who is not a member may be associated with a sub-committee constituted under section 60 |
The regulations are the committee's own rule-book. Section 59(1) says day-to-day proceedings follow regulations made by the committee and approved by the State Government, so the approval is part of the process; see sections 59 to 63. A regulation that is inconsistent with the Act or the rules has no support in section 64(1). The text does not say how approval is applied for or how long it takes.
Section 65(1): rights that are not affected
"Nothing contained in this Act shall affect the rights of a hereditary trustee, if any, of a public trust to which this chapter applies":
| Clause | Right |
|---|---|
| (a) | To reside in any building belonging to the public trust |
| (b) | To use any such building for the purpose of the public trust |
| (c) | To receive bhents, nazars and offerings made personally to him |
| (d) | To receive out of the income of the trust the allowance fixed under sub-section (2) |
| (e) | To participate in the performance of worship or service of the trust, or any rite or ceremony in connection with it, in accordance with the custom or practice of the trust |
This is a saving clause. It does not create new rights; it says the Act does not take away these rights from a hereditary trustee. A hereditary trustee is defined in section 2. The definition of "religious endowment" in the same section also excludes personal gifts made to a trustee, which fits clause (c) of section 65(1).
Section 65(2): the allowance
"The State Government shall determine and fix the amount of allowance payable to the hereditary trustee of a public trust to which this Chapter applies out of the income of such public trust after taking into consideration the status of such trustee, the gross income of the public trust and other prescribed particulars."
Three points follow from the words:
- The State Government, not the committee, fixes the amount.
- The allowance comes out of the trust's income.
- The factors are the trustee's status, the trust's gross income and other prescribed particulars.
No amount or percentage is printed in the section, and none is stated here. Section 61 (Explanation, clause (iv)) includes the payment of allowances determined under section 65(2) in the "maintenance" of a trust, so the committee must pay it as part of administering the trust. The Rules on allowances to hereditary trustees are covered in our article on rules 37 to 39 of the Rajasthan Public Trust Rules, 1962.
How hereditary trustees fit into Chapter X
| Provision | Effect for the hereditary trustee |
|---|---|
| Section 54 | Notice, consideration of objection and hearing before a committee is constituted |
| Section 53(5) proviso | Chairman of the committee, if willing |
| Section 56(1) proviso | Holds office until removed by the State Government |
| Section 65 | Rights to residence, use of buildings, personal offerings, allowance and participation in worship |
See also sections 54 to 58 for notice, disqualification and removal.
Worked example
An invented temple, Shri Ramdev Mandir, Jaisalmer, comes under a committee of management. The hereditary trustee, Mr Bhom Singh, lives in a house within the temple premises, and devotees give him personal offerings during darshan. Section 65(1)(a) and (c) say the Act does not affect his right to reside in the building or to receive offerings made personally to him. The State Government, after considering his status, the temple's gross income and the particulars prescribed, fixes his allowance, which the committee pays out of the temple's income. The committee also makes a regulation, with State Government approval, on the appointment of a temple accountant and the terms of employment.
What the sections do not say
- They do not set the allowance or give a formula.
- They do not say what happens if a hereditary trustee and the committee disagree about use of a building.
- They do not describe what counts as an offering made "personally" as distinct from an offering to the deity or trust; the text uses the words as printed.
- They do not list the matters on which regulations are mandatory.
Need help as a hereditary trustee or committee?
Rights to residence, offerings and allowance can become sensitive when a committee takes over a temple or math. Our team can examine the custom, the notifications and the allowance order and help you set out your position. Speak to us through a legal consultation.
Key takeaways
- A committee may make regulations with the State Government's approval, not inconsistent with the Act or the rules.
- Regulations may cover routine business, staff, their terms and association of non-members with sub-committees.
- A hereditary trustee keeps five rights: residence, use of buildings for the trust, personal offerings, the allowance and participation in worship by custom.
- The State Government fixes the allowance from the trust's income after considering his status, the trust's gross income and prescribed particulars.
- No allowance amount is printed in the Act.
- Chapter X applies only to classes notified under section 1(4).
Read next
- Sections 54 to 58 of the Rajasthan Public Trusts Act, 1959: hereditary trustee, disqualification, term and removal
- Rules 37 to 39 of the Rajasthan Public Trust Rules, 1962: committee meetings and allowances
- Sections 59 to 63 of the Rajasthan Public Trusts Act, 1959: meetings, duties and supersession
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.