Document Fragment View

Matching Fragments

he may, after giving the working trustee an opportunity of being heard, direct such working trustee or any other trustee or person having interest in the trust to apply to the court for directions, within such time not exceeding thirty days as may be specified by the Assistant Commissioner.
(2) If the working trustee or any other trustee or person having interest in the trust so directed fails to make an application as required, or if there is no trustee of the public trust, or if, for any other person, the Assistant Commissioner considers it expedient to do so, he shall himself make an application to the court.
(f) issuing such other directions as the nature of the case may require.
(3) Any order passed by the court under sub-section (2) shall be deemed to be a decree of such court and an appeal shall le there from to the High Court."

The Act was enacted to regulate and to make better provision for the administration of pubic religious and charitable trusts in the State of Rajasthan. The provisions of Section 38, which are part of Chapter-VIII deals with the powers of officers in relation to the Public Trusts, which confers powers on the Assistant Commissioner to direct the working trustee, trustee or person having interest in the Trust to apply to the Court for directions, which power can be exercised on the application of any person having interest in a Public Trusts, or otherwise, on Assistant Commissioner being satisfied after such inquiry as he thinks necessary.

The importance of the provision and exercise of powers under the said provision can be gathered from the fact that under Sub-section (2) of Section 38 a mandate has been given to the Assistant Commissioner to himself make an application to the Court in case the working trsutee, trustee or person having interest in the Trust fails to make an application as required by Sub-section (1).

Further, the powers of the Court under Section 40 in relation to the proceedings in pursuance of direction under Section 38 are sweeping in nature, inasmuch as, the Court can remove any trustee; appoint a new trusee; allocate trust property/interest therein for any particular object of the Trust; provide a scheme of management of the Trust property; direct the use of funds of a Public Trust, whose original object has failed and issue such other directions as the nature of the case may require. Further, the order passed by the Court is deemed to be a decree and appeal lies to the High Court.