Sections 7 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 7 to 10 of the Rajasthan Public Trusts Act, 1959 create the officers who run the Act in Rajasthan. The Devasthan Commissioner heads the administration, Assistant Devasthan Commissioners work in defined areas, and inspectors and other staff are all servants of the State Government paid from the Consolidated Fund of the State.
This article explains sections 7 to 10 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.
The State Government appoints, by Gazette notification, a Devasthan Commissioner who superintends the administration of the Act across Rajasthan, subject to State Government orders (section 7). The Commissioner is a corporation sole with perpetual succession and a common seal and may sue and be sued in that name. Assistant Devasthan Commissioners are appointed for defined local areas (section 8). Inspectors and other subordinate officers may be appointed, and appointing powers can be delegated (section 9). All are servants of the State Government (section 10). These Chapter III provisions came into force at once.
Where these sections sit
Chapter III is one of the four Chapters in force at once under section 1(3). Unlike the registration and control Chapters, it needs no notification before officers can be appointed. The titles "Commissioner" and "Assistant Commissioner" used throughout the Act are defined in section 2: "Commissioner" means the Devasthan Commissioner appointed under section 7, and "Assistant Commissioner" means an Assistant Devasthan Commissioner appointed under section 8, including any other Government officer the State Government notifies as Assistant Commissioner of a specified area.
Trustees who are unsure which officer to approach can ask for a legal consultation before sending any paper.
Section 7: the Devasthan Commissioner
Section 7 has two sub-sections.
Sub-section (1). The State Government shall, by notification in the official Gazette, appoint an officer called the Devasthan Commissioner. In addition to other duties and functions imposed by or under the Act or any other law in force, the Commissioner shall, "subject to the general and special orders of the State Government", superintend the administration and carry out the provisions of the Act through the territories to which it extends. The Commissioner is therefore the senior officer under the Act and works under the State Government's orders.
Sub-section (2). The Commissioner is a corporation sole by the name of the Devasthan Commissioner of the State of Rajasthan. As such the office has perpetual succession and a common seal, and may sue and be sued in the corporate name. The effect is that the office, rather than a particular person, is the legal party. When one officer is replaced, a case or proceeding by or against "the Devasthan Commissioner of the State of Rajasthan" continues in the same name.
Section 8: Assistant Devasthan Commissioners
Section 8 provides that the State Government shall likewise:
- appoint such number of Assistant Devasthan Commissioners as it deems necessary from time to time; and
- define the local limits of the areas in which each Assistant Commissioner so appointed shall have jurisdiction, and exercise the powers conferred on him by or under the Act or any other law in force.
The local limits matter in practice. Under section 16(1), the Assistant Commissioner in charge of registration is the one within whose area the principal office or principal place of business of the trust, as declared in the application, is situated. A trust therefore needs to know which area its principal office falls in. The text consulted does not list the areas; they are fixed by the State Government's orders.
Section 9: subordinate officers and servants
To aid the Commissioner and Assistant Commissioners in carrying out the Act, the State Government may appoint inspectors and other subordinate officers and servants, with such designations, and assign to them such powers, duties and functions under the Act, the rules, or other enactments in force as it considers necessary.
The proviso allows the State Government, by general or special order and subject to conditions it considers fit, to delegate to the Commissioner and the Assistant Commissioner the power to appoint the subordinate officers and servants specified in the order. Inspectors matter to trustees because section 48 deals with entry and inspection; see our article on sections 47 to 49.
Section 10: officers as servants of Government
Section 10 says the Commissioner, the Assistant Commissioner, the inspectors and other subordinate officers and servants appointed under the Act are servants of the State Government. They draw their pay and allowances from the Consolidated Fund of the State, and their conditions of service are those the State Government determines. The effect for a trust is that its fees and funds do not pay the salaries of these officers. Whether any fee prescribed by the Rules is used for a particular purpose is a different question that the Rules, not section 10, answer.
Summary table
| Section | Officer | Appointed by | Key point |
|---|---|---|---|
| 7(1) | Devasthan Commissioner | State Government, by Gazette notification | Superintends administration of the Act, subject to State Government orders |
| 7(2) | Devasthan Commissioner | Same | Corporation sole; perpetual succession; common seal; sues and is sued in corporate name |
| 8 | Assistant Devasthan Commissioners | State Government | Local limits of each area defined by the State Government |
| 9 | Inspectors, other subordinate officers and servants | State Government (or Commissioner and Assistant Commissioner by delegation) | Designations, powers and duties assigned as needed |
| 10 | All the above | N/A | Servants of the State Government; pay from the Consolidated Fund; service conditions fixed by the State Government |
How the officers appear in later Chapters
The same officers carry out the work of later Chapters, and each time the role differs.
- The Assistant Commissioner registers public trusts and keeps the register (section 16), holds the registration inquiry (section 18), sanctions transfers of trust property (section 31) and may direct a special audit (section 33).
- The Commissioner hears appeals against findings (section 20) and acts as Treasurer of Charitable Endowments (section 37; see section 37 of the Act).
- For trusts under Chapter X, the Commissioner has powers over committees of management; see sections 64 and 65 for the setting in which regulations and hereditary trustees' rights arise.
Trustees should address applications to the right officer, by title and area.
Worked example
An invented math, Shri Narsingh Peeth, Pushkar, has its principal office in one Assistant Commissioner's area but owns agricultural land in another district. For registration, the application goes to the Assistant Commissioner within whose area the principal office is declared to be. If a dispute arises about a finding, the appeal lies to the Commissioner, not to the State Government directly. The math's working trustee should confirm the area limits with the Devasthan Department.
Need help dealing with the Devasthan Department?
Knowing which officer has jurisdiction over a trust, and what to send to whom, saves time and avoids misdirected papers. Our team can map your trust to the right officer and prepare the application. Begin with a legal consultation on your trust's dealings with the Department.
Key takeaways
- The Devasthan Commissioner is appointed by Gazette notification and superintends the administration of the Act in Rajasthan, subject to State Government orders.
- The Commissioner is a corporation sole with perpetual succession and a common seal.
- Assistant Devasthan Commissioners work in areas whose local limits the State Government defines.
- Inspectors and other subordinate officers may be appointed; the Commissioner and Assistant Commissioner can be given power to appoint them.
- All these officers are servants of the State Government, paid from the Consolidated Fund of the State.
- Chapter III is in force at once and needs no notification.
Read next
- Sections 11 and 12 of the Rajasthan Public Trusts Act, 1959: the State Advisory Board
- Section 37 of the Rajasthan Public Trusts Act, 1959: the Commissioner as Treasurer of Charitable Endowments
- Sections 64 and 65 of the Rajasthan Public Trusts Act, 1959: regulations and hereditary trustees
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.