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25. The Rajasthan Public Trusts Act, 1959 starts as under :--

"An Act to regulate and to make better provision for the administration of public religious and charitable trusts in_the State_ of Rajasthan".

26. The preamble of the Act is self-explanatory and made it clear that aims and objects in enacting of the Act was to (1) make better provisions for the trust, (2) which are situated in the State of Rajasthan.

27. The public trust has been defined in Sub-section (11) of Section 2 of the Act of 1959. As per the definition, "Public trust" means express or constructive trusts, it can be public religious or charitable or both, in the definition of public trust, temples math, dharmada and other religious and charitable endowment and institution and society-formed for religious or charitable purposes or for both are included. As per Sub-section (2) of Section 1, the Act of 1959 extends to the whole of the State of Rajasthan. Section 17 casts duty upon the working trustee to apply for registration of public trust. This application for registration of the public trust is required to be submitted to the Assistant Commissioner who is having jurisdiction for registration of public trust. As per Section 16. only Assistant Commissioner, in whose local limits of the area of jurisdiction, principal offices or principal place of the business of the trust, which has been declared in the application under Sub-section (1) of Section 17 will have jurisdiction to register the trust under the Act of 1959. Sub-clause (ii) of Sub-section 4 of the Section 17 requires disclosure of place where principal office or the principal place of business of the public trust is situated. As provided in Chapter III of the above Act, the officers and employees are required to be appointed by the State Government to administer, superintend and to carry out the provisions of the Act of 1959. The Devasthan Commissioner appointed under Section 7 of the Act of 1959, is the officer who shall have power of superintendence, administration and is responsible officer for the purpose of carrying out the provisions of the Act, and in Section 7 itself it has been made very clear that Devasthan Commissioner's jurisdiction extended to the territories to which the Act applies, and if read with Sub-section (2) of Section 1, jurisdiction of the Devasthan Commissioner is limited to the territories of the State of Rajasthan only. As per Section 8, the State Government is to appoint Assistant Commissioner and define their local limits of the area in which the Assistant Commissioner shall have jurisdiction. The Assistant Commissioner is the in-charge of the registration of all public trusts as per Section 16. The Assistant Commissioner's jurisdiction has been restricted to local limits of area of his jurisdiction. Before registration of public trust, the concerned Assistant Commissioner in whose local limits the principal office or the principal place of the business of the trust is situated, is required to enquire under Section 18, in addition to other matters, to ascertain (i) whether a trust exists and whether such trust Is the public trust; (ii) whether any property is the property of such trust; and (iii) whether the whole or any substantial portion of the subject-matter of the trust is situated within his jurisdiction. Above three matters are with respect to the existence of the trust, its nature, its property, and whether the property situated within the jurisdiction of the said Assistant Commissioner Rest of the matter of inquiry under Section 18 are with respect to the constitution, succession, origin, nature, object of the trust, its income and expenditure. After holding inquiry, the Assistant Commissioner is required to record findings on the matters mentioned in Section 18 and, thereafter, the said Assistant Commissioner is required to make entries in the register. Such Assistant Commissioner is further required to-publish the entries made under Section 21 at conspicuous place in the city, town or village where the principal office or principal place of business of the purpose is situated. The entries in register so made subject to other provisions of the Act of 1959 are made final and conclusive as per Sub-section (2) of Section 21. But in entire Act of 1959 there is no specific provision dealing with the registration of trust whose principal office and principal places of the business are not situated within the territories of the State of Rajasthan.

28. A bare perusal of the above provisions of the Rajasthan Public Trusts Act, 1959, it is clear that the Act of 1959 is (1) a State legislation, and (2) extend to the territories of the State of Rajasthan only, (3) the officers have been appointed under Chapter III of the Act having jurisdiction within the State of Rajasthan, and (4) the registering authority under Section 16 of the Act of 1959 is empowered to register only trust whose principal office or principal place of business is situated within the territorial jurisdiction of the abovesaid registering authority. In the Act of 1959 there is no provision for appointing any officer vesting with the jurisdiction to entertain any application from the trustee of a trust, whose neither the principal office nor the principal place of business is situated within the territorial jurisdiction of the officer and authorities appointed under the Act of 1959. It is further relevant to mention here that as per the Section 25 of the Act of 1959, even if any part of the property of the public trust is situated within the local limits of the jurisdiction of more than one Assistant Commissioner, then the Assistant Commissioner in charge of registration of that trust is required to send the copy or the entries recorded in the register in respect of the public trust to the each Assistant Commissioner within whose jurisdiction any part of the trust property is situated and upon receipt of the copy of the entries, the Assistant Commissioner of the place, in whose territorial jurisdiction that part of the property situated, is under an obligation to enter the particulars thereof in the book prescribed for the purpose. Therefore, even when part of the property of the trust is situated within territory of jurisdiction of the Assistant Commissioner but the principal office and principal place of business is not situated within local limits of the jurisdiction of such Assistant Commissioner itself will not empower such Assistant Commissioner to register the public trust under the Act of 1959 is clearly demonstrated by Section 16 read with Section 25 of the Act of 1959. It is true that there is no provision under the Act of 1959 dealing with the situation when only part of the property of a trust is situated within the territories of the State of Rajasthan and neither principal office nor principal place of business is situated within the territories of the State of Rajasthan but the language of Sections 16, 17 and 18 unambiguously excludes, by implication, by making specific provisions for registration of public trust under the Act of 1959 which provides for establishing an authority who can accept application for registration of public trust only when principal office of the such trust are situated in local limits of the area of jurisdiction of any of the Assistant Commissioner appointed under the Act of 1959. When the Legislature has not empowered any of the authority to accept application on behalf of working trustee of the trust whose either principal office or principal place of business is not situated within the territorial jurisdiction of the concerned authority then interpreting Sections 16(1) and 17(1) in a manner making obligatory for the working trustee of the trust whose principal offices and principal places of business are situated beyond the jurisdiction of such authority and empowering such authority to entertain application for registration of the trust will not only make the words "principal offices or the principal places of business" and the words "within the local limits of the area of his jurisdiction" in Section 16(1) superfluous but it will be empowering the Assistant Commissioner to entertain the application for registration of those public trusts for which they are not empowered by the Act of 1959. There appears no reason for holding that the Legislature has used the above words scrupulously. Rather there appears a clear intention of the Legislature; to make provision for registration of only those public trusts that are having their principal offices or principal places of business within the territory of the State of Rajasthan. Therefore, by entire reading of the Act of 1959 it is clear that the Act was enacted for making provisions for the public charitable trust whose principal offices or principal places of business are situated within the territories of the State of Rajasthan and this will be true meaning to the purpose for which the Act was enacted by saying : AN ACT to regulate and to make better provision for the administration of public, religious and_ charitable trusts in the State of Rajasthan.

30. Since the State Legislature had intention to provide a better provision governing the field with respect to the public charitable trust and its properties and to provide substitute to Section 92, C.P.C. was felt necessary and, therefore, Section 44 was incorporated excluding the applicability of Section 92, C.P.C. The intention of the Legislature can be gathered, from various provisions of the Act of 1959 itself. Even before enactment of Act of 1959, Section 92, C.P.C. was already in existence covering the field of the litigation for the relief which are covered under Section 92, C.P.C. with respect to the public trust properties on the business of allegations of breach of trust requiring direction of the court for the relief as mentioned in Section 92, C.P.C. It appears that Legislature in the State of Rajasthan thought it proper to make better provisions for not only with respect to litigation but also for administration of public, religious and charitable trust situated in the State of Rajasthan, therefore, the preamble of the Act says that the Rajasthan Public Trusts Act, 1959 is an Act to make better provisions for the trust situated in the State of Rajasthan. In this Act of 1959, not only above provisions for registration of the public trust are there but in the Act there are provisions for establishing Board and Committees under Chapter IV to draw attention of the State Government towards the difficulties experienced in the working of this Act of 1959 and to suggest amendments, to hold inquiry with respect to the origin, existence and nature of the trust and its property, constitution of trust, mode of succession to the office of the trust, its income and expenditure, provision for appeal against the orders passed by the Assistant Commissioner, provisions for filing civil suits for correction of entries made in the register, and for the management of the trust property as provided under Chapter VI and provision for sanction before transfer of property of the trust, provision for accounts audit and budget. In the Act of 1959, further provisions for getting permission by any person, having interest in public trust, for moving court of law for getting direction from the Court for the removal of trustee, appointing new trustee, for allocation of trust property for particular object of the trust, providing the scheme of management of the trust property, and for seeking direction of the Court for how to spend the funds of the trust when a original object of the trust has failed and all other directions which may be necessary. It appears that the State Government was conscious of the fact that there is specific provision, Section 92 in the Code of Civil Procedure which intended to confer upon the Courts power in the matters relating to the administration of public trust where suit is filed by person interested in trust and there are allegations of breach of trust in relation to a public trust. It appears that the State Government wanted to have something different, covering more fields including the matter in which the person interested in the trust may seek remedy from court of law after obtaining authority, therefore, the Act of 1959 was enacted by specifically mentioning that the Act is enacted to make better provisions for administration of public, religious and charitable trust. With this object, in the Act of 1959, which is a complete Code providing various provisions as mentioned above, were included. The intention of providing the substitute to the Section 92, C.P.C. became clearer by Sub-section (2) of Section 44 of the Act of 1959 itself. Sub-section (2) of Section 44 of the Act of 1959 provides a clause by which, even in pending cases in respect of public trust, wherein Advocate General or Collector exercising powers of the Advocate General is a party, it is to be substituted by the Devasthan Commissioner. Therefore, the Rajasthan Public Trusts Act, 1959 was enacted to achieve the object of providing better provisions for the public charitable trust, its management, and provisions for redress of grievances of the person interested in the public trust situated in the State of Rajasthan and to avoid any conflict, applicability of Section 92, C.P.C. was taken away and the Act of 1959 is in substitution of Section 92, C.P.C. Therefore, it is held that the Rajasthan Public Trusts Act, 1959 applies to the trust whose either principal office or (principal) place of business or both are situated within the State of Rajasthan and applicability of Section 92. C.P.C. is excluded. only for the trust, upon which the Act of 1959 applies.