Section 20 in The Rajasthan Public Trust Rules, 1962
20. Manner of Enquiry for registration of Public Trusts.
(1) On receipt of an application under Section 17 or upon an application made by any person having interest in a Public Trust, or on his own motion, the Assistant Commissioner shall:(a)fix a date for submitting objections by giving a public notice of the enquiry and invite all persons having interest in the Public Trust under enquiry to prefer within 60 days, objections, if any, in respect of such Trust.(b)on the date fixed for such objections if objection s are preferred from any person having interest in the Public Trust receive them and on that date or on any subsequent dates he may frame issue and take the necessary evidence produced by the applicant and persons who have preferred objections.(c)after giving them further opportunity to rebut their evidence make any further enquiry as he may deem necessary.(d)in case no objections are preferred within the prescribed period, hold the enquiry ex-parte, and(e)on completion of the inquiry, record his findings with reasons thereof as to the matters under enquiry.(2)Appearance.In any inquiry a party may appear in person or by his recognised agent or by a legal practitioner duly appointed to act on his behalf:Provided that any such appearance shall, if the Assistant Commissioners so directs, by the party in person.(3)Mode of serving summons.(a) Summons for attendance of any person whether a party or witness at an inquiry or other proceedings shall be served through post or process server.(b)The summons shall be deemed to have been duly served on the person summoned;(i)if it is sent by registered post and an acknowledgement or refusal thereof has been received, or(ii)if it is affixed at a conspicuous place in the house or locality in the presence of two witnesses on the refusal of acceptance by the concerned person, or(iii)if it is published in a newspaper having circulation in the locality.(c)No summons for the attendance of any witness shall be issued at the instance of a party to an inquiry or other proceedings under the Act, unless the party first deposits with the Commissioner or Assistant Commissioner as the case may be, such sum as in his opinion is sufficient to defray the cost of travelling and other allowance payable to such witnesses.(4)Return of Documents.(a) Any person desirous of receiving back any document produced by him at the inquiry shall unless the document has been impounded, be entitle to receive back the same if the proceeding is one in which the order made is not liable to be questioned by a suit in a court or if the time for filing the suit has elapsed without the suit having been filed, or when a suit having been filed has been disposed of:Provided that a document may be returned at any time earlier than that prescribed by this rule if the person applying therefor delivers to the Assistant Commissioner or Commissioner as the case may be, a certified copy to be substituted for the original and undertakes, to produce the original, if required.(b)An application for the return of document shall give the date and description of the document, the number of the proceeding in which and the date on which it was produced and the exhibit mark it bear, and on the return of a document, a receipt shall be given by the person receiving it.(5)Allowances to witnesses.(a) Allowances payable to witnesses summoned for any inquiry or other proceedings under this Act shall vary according to the status and circumstances. The Commissioner and Assistant Commissioner as the case may be, shall use their own discretion in fixing up the amount of payment to such witnesses.(b)The local witnesses may be paid conveyance allowance only which shall not exceed Rs. 1/- and shall not be lower than 50 np.(c)Outside witnesses may be paid reasonable amount of actual travelling and diet expenses.
