Rajasthan Public 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 76 and 77 of the Rajasthan Public Trusts Act, 1959 give the State Government of Rajasthan two powers. Section 76 lets it make rules to carry the Act into effect, and section 77 takes some public trusts out of the Act, either automatically or by a notification that gives reasons.
This article explains sections 76 and 77 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.
Under section 76, the Rajasthan State Government may make rules to carry the Act into effect, on the matters listed in sub-section (2), and may make a breach of a rule punishable with a fine up to two hundred rupees (as printed in the published copy). Rules need previous publication. Under section 77(1), the Act does not apply to a public trust administered by an agency under the control of the State Government or by a local authority. Under section 77(2), the State Government may exempt any public trust or class of public trusts from all or any provision, by a notification that specifies the reasons, on conditions it thinks fit.
Where these sections sit
Sections 76 and 77 fall in Chapter XIII (miscellaneous). Under section 1(7), Chapters XII and XIII apply to the provisions of each other Chapter from the date that other Chapter comes into force. The Rajasthan rules made under section 76 are the Rajasthan Public Trust Rules, 1962, explained rule by rule in rules 1 to 3 and the articles that follow it. Registration and the later Chapters (V to X) apply only to the classes of public trusts the Rajasthan State Government has notified under section 1(4); those notifications are not part of the text consulted, so this article names no class. If you are unsure whether your trust is covered, our legal consultation team can read the notifications with you.
Section 76: the rule-making power
Sub-section (1). "The State Government may make rules for the purpose of carrying into effect the provisions of this Act."
Sub-section (2). Without limiting sub-section (1), rules may provide for the matters listed in clauses (a) to (n). The list follows the Act's own chapters:
| Clause | Matter on which rules may be made | Section it serves |
|---|---|---|
| (a) | Form of register of public trusts, and registers and books kept by the Assistant Commissioner | 16(2) |
| (b) | Fee, form of application and particulars | 17(3) and 17(4) |
| (c) | Manner of inquiry and of giving public notice | 18(1) and 18(2) |
| (d) | Form and manner of the report of changes | 23(1) |
| (e) | Form of the book of entries | 25 |
| (f) | Form of accounts and particulars to be entered | 32 |
| (g) | Manner of audit and fee for special audit | 33(2) and 33(4) |
| (h) | Form of budget and date of its submission | 35 |
| (i) | Fee for inspection | 36 |
| (j) | Conditions and fees for certified copies | 36 |
| (k) | Returns and statements by the working trustee or manager | 47 |
| (l) | Manner of holding inquiry | sub-section (2) of a section whose number is missing |
| (m) | Form of appeals under any provision and the fees | the appeal provisions |
| (n) | Any other matter to be or that may be prescribed | the Act generally |
Two drafting slips appear in the published copy. Clause (a) reads "sub-section (2) 16", which is read as sub-section (2) of section 16, and clause (l) stops at "sub-section (2) of section" without a number. The Rajasthan Public Trust Rules, 1962 treat the inquiry under section 49(2), so clause (l) is read in that sense, but the published copy does not print the number; check the official text.
Sub-section (3). "In making rules under this section, the State Government may direct that a breach of any provision thereof shall be punishable with fine which may extend to two hundred rupees." The figure is quoted as printed in the published copy. The text does not say who tries the breach or how the fine is imposed; section 75 says no court inferior to a Magistrate of the first class tries an offence punishable under the Act, with the previous sanction of the Assistant Commissioner. The penalties in the Act itself are in section 70.
Sub-section (4). "All rules made under this section shall be subject to the condition of previous publication." A rule therefore takes effect only after it has been published in advance, and the Act does not describe the manner of publication.
Section 77: exemption
Sub-section (1). "Nothing contained in this Act shall apply to a public trust administered by any agency action under the control of the State Government or by any local authority." The printed words "agency action" read most naturally as "agency acting"; the published copy has a typing slip there. Two kinds of trust are covered: one administered by an agency under the control of the Rajasthan State Government, and one administered by a local authority. The Act does not define "local authority" in the text of section 77.
Sub-section (2). "The State Government may exempt, by notification specifying the reasons for such exemption, any public trust or class of public trusts from all or any of the provisions of this Act, subject to such conditions, if any as the State Government may deem fit to impose."
Four features of sub-section (2) matter:
- Form. The exemption must be by notification, not by letter or order to the trust.
- Reasons. The notification must specify the reasons for the exemption.
- Scope. It may cover one trust or a class of trusts, and all or only some of the provisions of the Act.
- Conditions. The State Government may attach conditions, if it thinks fit.
The exemption notifications, if any, are not held. This article therefore names no trust or class that has been exempted.
How the two sub-sections differ
| Point | Section 77(1) | Section 77(2) |
|---|---|---|
| How it operates | By the Act itself | By a notification of the State Government |
| Who is covered | Trust administered by an agency under State Government control or by a local authority | Any public trust or class of public trusts |
| Extent | The whole Act does not apply | All or any of the provisions |
| Reasons | Not required | Must be specified |
| Conditions | None stated | As the State Government deems fit |
Worked example
An invented body, Shri Ranthambhore Mandir Seva Samiti, Sawai Madhopur, runs a temple and a dharamshala. Its trustees read section 77(1) and ask whether the Act applies to them. The answer depends on facts: the committee is a private body, not an agency under State Government control and not a local authority, so section 77(1) does not take it out of the Act. Whether Chapters V to X apply to it depends on section 1(4) and the notifications. A second invented trust, run by a municipal body in Jhunjhunu, is administered by a local authority, and section 77(1) says the Act does not apply to it. The trustees of the Samiti could also ask whether a section 77(2) notification names their class; if the notification exists, it will state its reasons and any conditions, and those conditions then bind the trust.
Practical points
- Do not assume a rule applies until it has been published in advance.
- Read the exact form, fee and period in the Rules and in the Act together; the Act only authorises the Rules.
- A fine for breach of a rule is capped by the Act at the printed figure, and only where the rules say so.
- Check whether your trust is administered by a State-controlled agency or a local authority before treating the Act as applicable.
- Where an exemption notification is claimed, ask to see its text, the reasons and the conditions.
- Keep a copy of every notification that you rely on with the trust records.
Need help with exemption or rules?
If you manage a trust in Rajasthan and are not sure whether it falls under section 77 or which rule governs your filing, we can go through the text and the notifications with you. Start with our legal consultation service and bring the trust deed, the registration papers and any notice you have received.
Key takeaways
- Section 76 empowers the Rajasthan State Government to make rules, on the matters in clauses (a) to (n).
- A breach of a rule may be made punishable by a fine up to two hundred rupees, as printed in the published copy.
- Rules are subject to previous publication.
- Section 77(1) keeps out of the Act a public trust administered by an agency under State Government control or by a local authority.
- Section 77(2) lets the State Government exempt a trust or class of trusts by a notification that specifies reasons, with conditions if it thinks fit.
Read next
- Sections 78 to 82 of the Rajasthan Public Trusts Act, 1959: savings, wakfs excluded, repeal and the Jagirs Act amendment
- Rules 1 to 3 of the Rajasthan Public Trust Rules, 1962: title, definitions and service conditions
- 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.