Trusts Act 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 78 to 82 are the last five sections of the Rajasthan Public Trusts Act, 1959, which applies in Rajasthan. They leave the Nathdwara Temple Act, 1959 untouched, let the Rajasthan State Government remove difficulties by order, keep Muslim wakfs outside the Act, switch off listed older laws for a class of trusts once Chapters V to X apply to it, and change one clause of the Rajasthan jagir law for trusts with a committee of management.
This article explains sections 78 to 82 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.
Section 78: nothing in the Act affects or prejudices the Nathdwara Temple Act, 1959 (Rajasthan Act 13 of 1959). Section 79: the State Government may, by order, give directions not inconsistent with the Act to remove a difficulty. Section 80: the Act does not apply to Muslim Wakfs governed and regulated by the Muslim Wakfs Act, 1954 (Central Act 29 of 1954). Section 81: from the date Chapters V to X start applying to a class of trusts, the laws specified in the Schedule cease to apply to trusts of that class; the published copy does not print the Schedule. Section 82: a clause of the Rajasthan jagir law is read differently once a committee of management is constituted under section 53.
Where these sections sit
These sections close Chapter XIII. Under section 1(7), Chapters XII and XIII apply to each other Chapter from the date that Chapter comes into force. Chapters V to X apply only to the classes of public trusts the Rajasthan State Government notifies under section 1(4). Those notifications are not part of the text consulted, so this article names no class of trusts. For the rule-making and exemption provisions just before these, see sections 76 and 77. If you are unsure which of these closing provisions touches your temple or trust, a legal consultation can start from the trust deed and the registration papers.
Section 78: the Nathdwara Temple Act is not affected
The section reads: "Nothing in this Act shall in any way affect or prejudice the provisions of the Nathdwara Temple Act, 1959 (Rajasthan Act 13 of 1959)". The Rajasthan Public Trusts Act, 1959 is Rajasthan Act 42 of 1959, so the section protects a separate Rajasthan statute of the same year. The text consulted says nothing more about that Act, and this article does not describe it. The practical point is simple: where the Nathdwara Temple Act, 1959 has a provision, the Public Trusts Act cannot be used to affect or prejudice it.
Section 79: power to remove difficulties
"If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order, give such directions, not inconsistent with such provisions, which appear to it to be necessary for the purpose of removing the difficulty."
Three limits are visible in the words. The power belongs to the State Government. It is exercised by order. The directions must not be inconsistent with the Act, so an order under section 79 cannot override a provision. The section has no time limit and no requirement of publication; the text is silent on both.
Section 80: Muslim Wakfs
"Nothing in this Act shall apply to Muslim Wakfs governed and regulated by the Muslim Wakfs Act, 1954 (Central Act 29 of 1954)." This is quoted as printed. The Act therefore does not apply to a wakf that is governed and regulated by the Central Act named. The published copy names the 1954 Act only; check the wakf law now in force for any wakf question.
Section 81: repeal by Schedule
Section 81 is headed "Repeal". It says that on the date Chapters V, VI, VII, VIII, IX and X begin to apply to any class of public trusts (the "said date"), "the provisions of any of the laws specified in the Schedule which might be applicable to any public trust belonging to such class shall cease to apply thereto".
The Schedule is not printed in the published copy. The text ends at section 82 without it. This article therefore does not say which laws the Schedule lists, and it does not say whether any particular Central or State law is listed. To find out, read the Schedule in the official gazetted Act.
A proviso says the cessation does not affect (in the printed lettering) (o) any right, title, interest, obligation or liability already acquired, accrued or incurred before the said date; (p) any legal proceeding or remedy in respect of such right, title, interest, obligation or liability; or (q) anything duly done or suffered before the said date. The lettering (o), (p), (q) is a typing slip in the published copy; the sense is three clauses, and they are cited here as the first, second and third.
| Step | What section 81 says |
|---|---|
| Trigger | Chapters V to X begin to apply to a class of public trusts |
| Effect | Laws in the Schedule that might apply to a trust of that class cease to apply to it |
| Saved | Rights and liabilities already arisen, legal proceedings and remedies about them, and things done before the said date |
| Unknown from the text | The contents of the Schedule |
Two consequences follow. First, the repeal is class-by-class, not State-wide: it follows the section 1(4) notifications. Second, a trust that is not in a notified class keeps whatever older law applies to it.
Section 82: the Jagirs Act, 1952
Section 82 is headed "Amendment of Rajasthan Act 6 of 1952". From the date a committee of management is constituted for a public trust under section 53, clause (7) of the Second Schedule to the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act 6 of 1952) has effect, in relation to that trust, as if the words "to the person, who is or may hereafter be recognized in accordance with law as being charged for the time being with the duty of maintenance of such institution or place of worship or the performance of such service" were replaced by "to the committee of management constituted for it under section 53 of the Rajasthan Public Trust Act, 1959". The Jagirs Act's own text is not held, so its effect is not described; check the Act as in force. The published copy prints "Public Trust Act" in the quoted replacement, and says "were substituted"; both are read in the sense of the Act's title and of a substitution taking effect from the committee's constitution.
Worked example
An invented trust, Shri Jhalawar Gaushala Sewa Samiti, runs a cow shelter in Jhalawar. It asks whether an old State law it has followed still applies after the State notifies its class under section 1(4). Section 81 says the answer lies in the Schedule, which is not in the published copy; the Samiti obtains the gazetted Schedule and finds whether its old law is listed. If it is, the law ceases to apply from the said date, but a liability incurred before that date is saved by the proviso.
Practical points
- Get the gazetted Schedule to the Act before saying any law has ceased to apply.
- Check the section 1(4) notification for your class before treating section 81 as having begun.
- Keep records of rights and liabilities that arose before the said date; the proviso saves them.
- Do not assume a wakf question is answered by this Act; section 80 sends it to the wakf law named.
- Read any order under section 79 against the Act itself, because it cannot be inconsistent with it.
Need help with repeal, savings or wakf questions?
When an older law, a special temple statute or a wakf claim sits next to the Act, the first task is to know which text governs. We can read your deed, the notifications and the gazetted Schedule together and tell you what applies to your trust in Rajasthan. Write to us through legal consultation to start.
Key takeaways
- Section 78 leaves the Nathdwara Temple Act, 1959 (Rajasthan Act 13 of 1959) unaffected.
- Under section 79 the Rajasthan State Government may remove difficulties by order, with directions not inconsistent with the Act.
- Section 80 keeps Muslim Wakfs governed by the Muslim Wakfs Act, 1954 outside the Act; check the wakf law now in force.
- Section 81 switches off the laws in the Schedule for a class of trusts once Chapters V to X apply to it; the Schedule is not printed in the published copy.
- Section 82 changes clause (7) of the Second Schedule to the Jagirs Act, 1952 once a committee of management is constituted under section 53.
Read next
- Sections 76 and 77 of the Rajasthan Public Trusts Act, 1959: rule-making power and exemptions
- Section 37 of the Rajasthan Public Trusts Act, 1959: the Devasthan Commissioner as Treasurer of Charitable Endowments
- Sections 71 to 75 of the Rajasthan Public Trusts Act, 1959: recovery, bar of jurisdiction and trial
- Private Trust vs Public Trust: key differences
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.