Bar 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 71 to 75 of the Rajasthan Public Trusts Act, 1959 open Chapter XIII, the miscellaneous provisions. Sums due under the Act are recovered as arrears of land revenue, a court must give the Commissioner notice before deciding a question affecting a public, religious or charitable purpose, civil courts are barred from matters the Act commits to its officers, officers are protected for good-faith acts, and offences are tried only by a first-class Magistrate on the Assistant Commissioner's sanction.
This article explains sections 71 to 75 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.
Sums payable under section 49 or 50, or under a rule, if unpaid, are recovered as arrears of land revenue (section 71). In a suit or proceeding raising a question affecting a public, religious or charitable purpose, the court must give notice to the Commissioner before deciding it, and he is added as a party if he applies (section 72). Save as the Act expressly provides, no civil court has jurisdiction over matters the Act commits to its officers or makes final (section 73). No suit, prosecution or proceeding lies against the State Government or an officer for things done in good faith under the Act (section 74). An offence is tried by no court inferior to a Magistrate of the first class, and only with the Assistant Commissioner's previous sanction (section 75). Chapter XIII applies to each other Chapter from the date it begins, under section 1(7).
The notification point
Chapter XIII has no start date of its own. Section 1(7) says Chapters XII and XIII apply to the provisions of each other Chapter from the date that other Chapter comes into force. The notifications for Chapters V to X are not part of the text consulted, so no class of trusts is named. A trust or a person affected by an order under the Act can ask our legal dispute resolution team about the forum before taking a step.
Section 71: recovery of sums
"All sums payable under section 49 or section 50 or under any rule made under this Act, if not paid, shall, notwithstanding anything contained in any law and without prejudice to any other action that may be taken under this Act or any other law, be recovered as arrears of land revenue." The sums include the amount surcharged under section 49, subject to the court's power to stay recovery under section 50. The section adds a recovery route; it does not remove other action.
Section 72: questions affecting a public purpose
Sub-section (1). In any suit or legal proceeding in which it appears to the court that any question affecting a public, religious or charitable purpose is involved, "the court shall not proceed to determine such question until after notice has been given to the Commissioner".
Sub-section (2). If, on receiving such notice or otherwise, the Commissioner makes an application, he shall be added as a party at any stage of the suit or proceedings.
The duty to give notice rests on the court. Section 44(2), covered in sections 44 to 46, puts the Commissioner in the place of the Advocate General in certain pending cases; section 72 is a separate rule about notice and joinder.
Section 73: bar of jurisdiction
"Save as expressly provided in this Act, no civil court shall have jurisdiction to decide or deal with any question which is by or under this Act to be decided or dealt with by any officer or authority under this Act or in respect of which the decision or order of such officer or authority has been made final and conclusive."
Two limbs appear: a question the Act commits to an officer or authority, and a question on which an officer's decision has been made final and conclusive. The words "save as expressly provided" matter, because the Act gives civil courts specific roles, for example the civil suit against register entries in section 22 and the applications in sections 38 to 43 and 50. A reader should therefore ask first whether the Act itself provides the route before approaching a civil court.
Section 74: indemnity
"No suit, prosecution or other proceeding shall be instituted against the State Government or any officer or authority in respect of anything in good faith done or purporting to be done under this Act." The protection depends on good faith. The text does not define it.
Section 75: trial of offences
Sub-section (1). No court inferior to that of a Magistrate of the first class shall try an offence punishable under the Act.
Sub-section (2). No prosecution for an offence punishable under the Act shall be instituted without the previous sanction of the Assistant Commissioner.
The offences and fines are in section 70; see sections 67 to 70.
The five sections at a glance
| Section | Subject | Rule in short |
|---|---|---|
| 71 | Recovery | Sums under section 49 or 50 or a rule recovered as arrears of land revenue |
| 72 | Public purpose questions | Court gives notice to the Commissioner; he is added as a party on application |
| 73 | Bar of jurisdiction | No civil court on questions the Act commits to its officers or makes final, save as the Act provides |
| 74 | Indemnity | No suit, prosecution or proceeding for acts done in good faith |
| 75 | Trial | First-class Magistrate; Assistant Commissioner's previous sanction |
Worked example
An invented trust, Shri Salasar Seva Trust, Churu, has an Assistant Commissioner's order under section 49 requiring its former manager, Mr Kailash Meena, to pay a surcharged amount. He neither pays nor applies to the court. The amount is recovered as arrears of land revenue under section 71. In a separate civil suit about land, the court sees that a question affecting a religious purpose is involved and gives notice to the Commissioner before deciding it; the Commissioner applies and is added as a party. A neighbour, Mr Rajesh Bishnoi, sues in the civil court to challenge an Assistant Commissioner's finding on registration: section 73 bars the civil court from that question, save as the Act provides a route, and the proper route is the appeal in section 20.
Practical points
- Treat an unpaid surcharge as recoverable like land revenue, unless the court stays it.
- If you are a party to a suit that touches a public, religious or charitable purpose, expect notice to the Commissioner.
- Before filing in a civil court, check whether the Act commits the question to an officer.
- Do not assume an officer acting in good faith can be sued or prosecuted.
- A prosecution needs the Assistant Commissioner's previous sanction and a first-class Magistrate.
Need help with recovery, forum or prosecution?
Choosing the right forum, and knowing when a civil court has no jurisdiction, can save a trust months. Our team can map your dispute against these provisions and advise on the next step. Reach us through legal dispute resolution for your matter.
Key takeaways
- Sums payable under section 49 or 50 or a rule are recoverable as arrears of land revenue.
- A court must give notice to the Commissioner before deciding a question affecting a public, religious or charitable purpose, and he is added as a party if he applies.
- Civil courts have no jurisdiction on matters the Act commits to its officers or makes final, save as the Act expressly provides.
- Acts done in good faith under the Act are protected from suits, prosecutions and proceedings.
- Offences are tried by a Magistrate of the first class, with the Assistant Commissioner's previous sanction.
Read next
- Sections 67 to 70 of the Rajasthan Public Trusts Act, 1959: procedure and penalties
- Sections 76 and 77 of the Rajasthan Public Trusts Act, 1959: rule-making power and exemptions
- Sections 47 to 49 of the Rajasthan Public Trusts Act, 1959: returns, inspection and explanation
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.