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State of Rajasthan - Section

Section 17 in Rajasthan Public Trust Act, 1959

17. Registration of Public Trusts.

- (l) Within [two years] [Substituted by 16 of 1963] from the date )f the application of this section to a public trust or from the date on which a public trust s created, whichever is later, the working trustee thereof shall apply to the Assistant Commissioner having jurisdiction for the registration of such public trust.
(2)The Assistant Commissioner may, for reasons to be recorded in writing, extend he period prescribed by Sub-section (1) for the making of an application for registration )y not more than three months.
(3)Each such application shall be accompanied by such fee, if any, not exceeding five rupees, and to be utilised for such purpose, as may be prescribed.
(4)The application shall be in such form as may be prescribed and shall contain the )flawing particulars, namely
(i)the origin (so far as known), nature and object of the public trust and the designation by which the public trust is or shall be known;
(ii)the place where the principal office or the principal place of business of the public trust is situate;
(iii)the names and addresses of the working trustee and the Manager;
(iv)the mode of succession to the office of the trustee;
(v)the list of the movable and immovable trusts property and such description and particulars as may be sufficient for the identification thereof;
(vi)the approximate value of the movable or immovable property;
(vii)the gross average annual income derived from movable and immovable property and from any other source, if any, based on the actual gross annual income during the three years immediately preceding the date on which the application is made or of the period which has elapsed since the creation of the trust, whichever period is shorter, and, in the case of newly created public trust, the estimated gross annual income from all such sources;
(viii)the amount of the average annual expenditure in connection with such public trust estimated on the expenditure incurred within the period to which the particulars under Clause (vii) relate, and in the case of a newly created public trust, the estimated annual expenditure in connection with such public trust;
(ix)the address to which any communication to the working trustee or Manager in connection with the public trust may be sent;
(x)such other particulars as may be prescribed :
Provided that the rules made may provide that in the case of any oral public trusts, it shall not be necessary to give the particulars of the trust property of such value and such kind as may be specified therein.
(5)Every application made under Sub-section (1) shall be signed and verified in accordance with the manner laid down in the Code of Civil Procedure, 1908 (Central Act V of 1908) for signing and verifying plaints. It shall be accompanied by a copy of the instrument of trust (if such instrument has been executed and is in existence) and, where the trust property includes immovable property entered in a record of rights, a copy of the relevant entries relating to such property in such record of rights shall also be enclosed.
(6)No Assistant Commissioner shall proceed with any application for the registration of a public trust in respect of which an application for registration has been filed previously before any other Assistant Commissioner, and the Assistant Commissioner before whom the application was filed first shall decide which Assistant Commissioner shall have jurisdiction to register the public trust.
(7)An appeal against the order of the Assistant Commissioner before whom the application was filed first, given under Sub-section (6) may be filed within sixty days before the Commissioner and, subject to the decision on such appeal, the order of the Assistant Commissioner under Sub-section (6) shall be final.