State of Rajasthan - Act
Rajasthan Municipalities Act, 2009
RAJASTHAN
India
India
Rajasthan Municipalities Act, 2009
Act 18 of 2009
- Published on 11 September 2009
- Commenced on 11 September 2009
- [This is the version of this document from 11 September 2009.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless the context otherwise requires, -Chapter II
Constitution and Government of Municipalities
3. Delimitation of Municipalities.
4. Power to exempt municipal board from operation of any provisions of the Act unsuited thereto.
- (I) The State Government may, by notification, and for reasons to be recorded in writing, exempt any Municipal Board from the operation of any of the provisions of this Act considered unsuited thereto, and, thereupon, the said provisions shall not apply to such Municipal Board until such provisions are applied thereto by notification.5. Establishment and incorporation of Municipality.
6. Composition of Municipality.
7. Term of office.
8. Municipal government to vest in Municipality.
- Except as in this Act otherwise expressly provided, the municipal government of a Municipality shall vest in the Municipal Board, Municipal Council, or as the case may be, Municipal Corporation through their Chairpersons, which shall stand charged with the duty of carrying out the provisions of this Act subject to the limitations and restrictions specified therein.9. Division into wards.
10. Determination of wards.
11. Election to the Municipality.
12. Delegation of functions of State Election Commission.
- The function of the State Election Commission under this Act or the rules made or orders issued thereunder, may, subject to such general or special directions, if any, as may be given by the State Election Commission in this behalf, be performed also by a Deputy Election Commissioner, if any, or by the Secretary to the State Election Commission.13. Electoral Roll for every ward.
14. Disqualifications for registration in an electoral roll.
15. Making false declaration.
- If any person makes in connection with-16. Chief Electoral Officer.
17. District Election Officers.
18. Staff of local authorities etc. to be made available.
19. Officers and staff deemed to be on deputation to the State Election Commission.
- The Officers and staff deployed in connection with the preparation, revision and correction of the electoral rolls and for the conduct of all elections under this Act shall be deemed to be on deputation to the State Election Commission for the period during which they are so deployed and such officers and staff shall, during that period, be subject to the control and superintendence of the State Election Commission.20. Breach of official duty in connection with the preparation etc. of electoral rolls.
21. Persons qualified for being members.
- Subject to the provisions contained in Sections 6 and 24 a person shall not be qualified to be chosen to fill a seat on a Municipality unless21A. Special qualification for election on certain seats.
- Notwithstanding anything to the contrary contained in any provision of this Act or of any other law for the time being in force, a person shall not be eligible for election on such seats in a Municipality, as may be determined by the State Government in prescribed manner, unless he or she is within the age group of twenty one years to thirty five years and is otherwise eligible for election on such seatsProvided that-22. Restriction on contesting elections for more than one ward.
- Notwithstanding anything contained in Section 21, no person shall be entitled, in cases where election to a seat is contested, to contest such election for more than one ward, and every person who may have filed his nomination paper for seats to a Municipality for more than one ward shall withdraw his candidature from all but one of the seats by a notice in writing which shall contain such particulars as may be prescribed and deliver the same before 3 P.M. on the last date fixed for withdrawal:Provided that if a person fails to withdraw his candidature from all but one seat in the manner specified above, he shall be deemed to have withdrawn his candidature from all seats.23. Restrictions on use of vehicles, loud-speakers etc.
24. General disqualifications for members.
- A person, notwithstanding that he is otherwise qualified, shall be disqualified, for being chosen as or for being a member of a Municipality25. Right to vote.
26. Manner of voting at election.
27. Casual vacancy how to be filled.
28. Electoral offences.
- The provisions of Sections 125, 126, 127, 127A, 128, 129,130, 131,132, 132A, 133, 134, 134A, 134B, 135, 135A, 135B, 135C and 136 of the Representation of People Act, 1951 (Central Act No. 43 of 1951) shall have effect as if -29. Corrupt practices.
- The following shall be deemed to be corrupt practices for the purposes of an election under this Act, namely: -1. a person to stand or not to stand as, or to withdraw from being, a candidate or to retire from contest at an election; or
2. an elector to vote or refrain from voting at an election; or as a reward to
30. Jurisdiction of civil courts in electoral matters.
31. Election petition.
32. Appeals from orders of District Judge.
33. Procedure where election of all candidates is set aside.
- Whenever the election of all the members or of more than two-thirds of the total number of the members of a Municipality is declared to be void under Section 31 or on appeal under Section 32 the State Government shall dissolve the Municipality whereupon the provisions of Section 322, except the provisions of sub-Section (1) thereof, shall apply.34. Finality of orders and decision.
- The decision of the High Court on an appeal under Section 32, and, only subject to such decision, the order of the District Judge under Section 31 shall be final and conclusive.35. Disqualifications.
36. Removal or reduction of period of disqualification.
- The State Election Commission may, for reasons to be recorded in writing, remove any disqualification under clause (a) of sub-Section (1) of Section 35 or reduce the period of any such disqualification.37. Oath of office.
38. Resignation.
- A member may resign his membership by giving notice in writing to that effect duly attested by an Executive Magistrate to the Chairperson and such resignation shall take effect after the expiry of fifteen days from the date of the notice or from the date of the acceptance of the resignation by the Chairperson, whichever is earlier.39. Removal of member.
40. Inquiry into certain allegations after expiry of term of office.
41. Disability of members removed under Section 39.
- A member who has been removed under clause (d) of sub-Section (1) of Section 39 or against whom adverse findings have been recorded under Section 40 shall not be eligible for re-election for a period of six years from the date of the order of his removal or of recording adverse findings as the case may be.42. Restriction on simultaneous holding of the office of a member in Municipality and the membership of Parliament or State Legislative Assembly or a Panchayati Raj Institution.
- No person shall remain both the elected or nominated member of a Municipality and a member of Parliament or State Legislative Assembly or a Panchayati Raj Institution and if a person who is already a member of Parliament or State Legislative Assembly or a Panchayati Raj Institution is elected as a member of a Municipality, then, at the expiration of fourteen days from the date of his being elected or nominated as such member, he shall cease to be such member unless he has previously resigned his seat in the Parliament or the State Legislative Assembly or the Panchayati Raj Institution, as the case may be:Provided that if a person, who is already an elected or nominated member of a Municipality, is elected as a member of Parliament or the State Legislative Assembly or a Panchayati Raj Institution, then, at the expiration of fourteen days from the date of his being elected as a member of a Parliament or the State Legislative Assembly or a Panchayat Raj Institution, as the case may be, he shall cease to be such member unless he has previously resigned his seat in the Parliament or the State Legislative Assembly or the Panchayati Raj Institution, as the case may be.43. Every Municipality to have a Chairperson and a Vice-Chairperson.
- (I) There shall be a Mayor for every Municipal Corporation, a,President for every Municipal Council and a Chairman for every Municipal Board, who ' shall be elected in the prescribed manner.44. Determination of validity of election of Chairperson or Vice-Chairperson.
45. Core municipal functions.
46. Other municipal functions.
- A Municipality may, having regard to the satisfactory performance of its core functions which shall constitute the first charge on the municipal fund, and subject to its managerial, technical and financial capabilities, undertake or perform, or promote the performance of, any of the following functions, namely: -47. Functions assigned by the Government.
- The State Government may, by general or special order, require a Municipality to perform such other municipal functions as the State Government may, having regard to the necessity and the resources of the Municipality, think fit to be performed by the Municipality.48. Functions of Chairperson and Vice-Chairperson.
49. Powers and duties of the Chief Municipal Officer including custody of records.
50. Handing over charge.
Chapter III
Conduct of Business and Ward Committee
51. Provisions in regard to meetings of a Municipality.
52. Rights and privileges of individual members.
53. [ Motion of no confidence against Chairperson and Vice-Chairperson. [Substituted by Act No. 22 of 2017, dated 17.5.2017.]
54. Constitution of Wards Committee.
55. Committees.
56. When persons other than members may serve on committee.
57. Chairman of committee.
58. Procedure at meetings.
59. Subordination of committees to instructions of Municipality and compliance with requisitions of Municipality.
60. General functions of the Ward Committee.
- The Ward Committee may discharge the following functions, namely:-61. Powers, duties and functions which may be delegated.
62. Acts and proceedings of Municipality and committees not vitiated by disqualifications etc., of members thereof.
63. Municipal fund ordinarily liable for all costs and expenses incurred by Municipalities.
64. Official of the Municipality not to be interested in any contract.
- Any person who has, directly or indirectly, by himself or his partner, any share or interests in any contract with, by or on behalf of, a Municipality or in any employment with, under, by or on behalf of a Municipality other than as a municipal officer or servant shall be liable for disciplinary action under the appropriate rules.65. Penalty for member, officer or employee interested in a contract etc., with Municipality.
66. Members etc. to be deemed public servant.
- Every member, officer, servant of the Municipality or employee of Municipality and every lessee of the levy of any municipal tax, and every servant or other employee of any such lessee shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).Chapter IV
Municipal Property
67. Power to acquire and hold property.
- The Municipality shall, for the purposes of this Act, have power to acquire, by gift, purchase or otherwise, and hold, movable and immovable properties or any interest therein, whether within or outside the limits of the municipal area.68. Vesting of property.
69. Acquisition of property by Municipality by agreement, exchange, lease, grant, etc.
69A. [ Acceptance of surrender of rights in certain lands and issue of lease deed. [Substituted by Act No. 13 of 2015, dated 22.4.2015.]
70. Compulsory acquisition of land.
- When any land or right in land whether within or without the limits of the Municipality, is required for the purposes of this Act, the State Government may, at the request and on behalf of the Municipality, proceed to acquire it under the provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) and on the payment by the Municipality to the State Government of compensation awarded thereunder and of other charges incurred by the State Government in connection with such acquisition, the land or right, as the case may be, shall vest in the Municipality.71. Allotment, regularization etc. of certain lands.
. - [(1) Any land deemed to have been placed at the disposal of the Municipality under Section 90-A of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) shall be available for allotment or regularization by the Municipality to the person or persons, as the case may be, specified in that section subject to the terms and conditions prescribed, and on payment to the Municipality of the urban assessment or premium or both leviable and recoverable, under that Section.] [Substituted vide Section 7 of Rajasthan Law (Amendment) Act, 2012 (Act No. 2 of 2012).]72. Contracts by officers appointed by Government to execute municipal works and payment for such works.
- Notwithstanding anything contained in Section 82, any person appointed by the State Government to carry any work into execution on behalf of a Municipality may, subject to such control as the State Government may prescribe, make such contracts as are necessary for the purpose of carrying such work into execution to the extent of the sum provided for such work; and the Municipality shall pay to the person so appointed such sums as may be required for the said purpose, to the extent aforesaid.73. Provisions relating to transfers of property and contracts.
73A. [ Transfer to be on free hold or lease hold basis. [Inserted by Act No. 23 of 2017, dated 18.5.2017.]
74. Inventory and map of immovable municipal property.
75. Maintenance of records of urban land and properties.
- The Municipality may, in consultation with other concerning departments or authority, as the case may be, prepare, maintain and regularly update the record of the urban land and all properties, including private properties, situated within the municipal area, in such manner as may be prescribed.Chapter V
Municipal Finance and Municipal Fund
76. State Finance Commission.
77. Implementation of recommendations of the State Finance Commission.
- After taking into consideration the recommendations of the State Finance Commission, the State Government shall determine78. Financial assistance from State Government.
79. Municipal Fund.
80. Application of Municipal Fund.
- The moneys credited to the Municipal Fund from time to time shall be applied for payment of all sums, charges and costs necessary for carrying out the purposes of this Act and the rules and the bye-laws made thereunder and for payment of all sums payable out of the Municipal Fund under any other law for the time being in force.81. Payments not to be made out of Municipal Fund unless covered by budget grant.
- No payment of any sum out of the Municipal Fund shall be made unless such expenditure is covered by a current budget grant and a sufficient balance of such budget grant is available, notwithstanding any reduction or transfer thereof under the provisions of this Act:Provided that this Section shall not apply to any payment in the following cases, namely:82. Temporary payment from Municipal Fund for works urgently required in public interest.
83. Power to incur expenditure beyond the limits of Municipality.
- Notwithstanding anything contained elsewhere in this Chapter, the Municipality may, with the approval of the State Government, authorize expenditure to be incurred beyond the limits of the municipal area for creation of physical assets relating to the core functions of the Municipality outside the limits of such municipal area and for maintenance thereof for carrying out the purposes of this Act.84. Exclusive use of Municipal Fund for particular purpose.
85. Operation of accounts.
- Subject to the other provisions of this Act, payment from the Municipal Fund shall be made in such manner as may be prescribed in the rules made by the State Government.86. Investment of surplus moneys.
87. Preparation of budget estimate of Municipality.
88. [ Sanction of budget estimate of Municipality [Section 88 Substituted vide Rajasthan Municipalities (Amendment) Act, 2011. Published in Rajasthan Gazette Point 4(A),dated 27.03.2011 w.e.f 24.11.2010.]
. - (1) The Municipality shall consider the budget estimate and shall, by the fifteenth day of February in each year, adopt the budget estimate for the ensuing year with such changes as it may consider necessary, and submit a copy of the same to the State Government through the Director of Local Bodies and if, after considering the budget estimates, the State Government is of the opinion that it is necessary in the interest of Municipality to make changes in budget estimates, it may direct the Municipality to carry out the changes and such directions shall be binding on the Municipality.89. Power to alter budget grant.
- A Municipality may, from time to time, during the financial year89A. [ Constitution of Basic Services to the Urban Poor Fund. [Section 89A Inserted vide Rajasthan Municipalities (Amendment) Act, 2011. Published in Rajasthan Gazette Point 4(A), dated 27.03.2011 w.e.f. 24.11.2010.]
Chapter VI
Accounts and Audit
90. Maintenance of accounts.
- The Chief Municipal Officer shall prepare and maintain accounts of receipts and expenditures of the Municipality in such form, and in such manner, as may be prescribed.91. Preparation of Municipal Accounting Manual.
- The State Government shall prepare and maintain a Manual to be called the Municipal Accounting Manual containing details of all financial matters and procedures relating thereto in respect of the Municipality.92. Financial statement and balance sheet.
93. Submission of financial statement and balance sheet to Auditor.
- The financial statement and the balance sheet shall be placed by the Chief Municipal Officer before the Finance Committee which, after examination of the same, shall adopt and remit them to the Auditor.94. Audit of accounts.
95. Placing of Audited Accounts before the Municipality.
96. Submission of audited accounts.
97. Power of State Government to enforce order upon audit report.
- If any order made by the State Government under this Chapter is not complied with, it shall be lawful for the State Government to take such steps as it thinks fit to secure the compliance of the order and to direct that all expenses thereof shall be defrayed from the Municipal Fund.98. Special audit.
- In addition to the audit of annual accounts, the State Government or the Municipality may, if it thinks fit, appoint an auditor to conduct special audit pertaining to a specified item or series of items requiring thorough examination, and the procedure relating to audit shall apply mutatis mutandis to such special audit.99. Internal audit.
- The State Government or the Municipality may provide for internal audit of the day-to-day) accounts of the Municipality in the manner prescribed.99A. [ Audit by Comptroller and Auditor General of India. [Section 99A Inserted vide Notification No. F. 2(33) Vidhi/2/2011, dated 22.9.2011 Published in Rajasthan Gazette Exty. Point 4(A), dated 22.09.2011 w.e.f. 31.03.2011.]
100. Annual administration report.
Chapter VII
Municipal Revenue
101. Internal revenues of Municipality.
- The internal revenues of the Municipality shall consist of its receipts from the following sources, namely:102. Obligatory taxes.
103. Other taxes that may be imposed.
104. Power to levy user charges.
- The Municipality may levy user charges for105. Power to levy fees and fines.
- The Municipality shall have the power to levy fees and fines in exercise of the regulatory powers vested in it by or under this Act or the rules or the bye-laws made thereunder for106. Power to levy development charge.
107. Exemption from taxation.
108. Procedure preliminary to imposing tax.
- A Municipality, before imposing a tax under Section 103 shall observe the following preliminary procedure namely:109. Imposition of tax etc..
110. Procedure for altering taxes.
- The procedure for abolishing or altering a tax imposed under Section 103, shall, so far as may be, be the procedure prescribed by Sections 108 and 109 for its imposition.111. Power of Government to suspend or prohibit or remedy tax.
- If it appears to the State Government on complaint or otherwise that any tax, levied by a Municipality under Section 102 and 103 is unfair in its incidence or that the levy thereof or any part thereof is contrary or obnoxious to the interest of the general public, the State Government may require the said Municipality within such period as it shall fix in this behalf to take measures for removing any defect or objection which appear to it to exist in the said tax or in the method of assessing or collection of the same, and if, within the period so fixed, such requirement is not carried into effect to the satisfaction of the State Government it may, by notification in the Official Gazette, suspend the levy of the tax or of any part thereof, until such time as the defect or objection is removed or may abolish or reduce such tax.112. Power of Municipality to suspend or abolish tax.
- Subject to any general or special orders of the State Government, a Municipality may, if it is satisfied that it is in public interest so to do, suspend or abolish any tax, which has been or is deemed to have been imposed under Section 103.113. Assessment of tax and appointment of Assessors.
114. Supply of certain information and consequence of failure to supply.
115. Obligation to supply information for purposes of amendment.
116. Notice to be given to Municipality of all transfers of title by persons primarily liable to payment of taxes on building or lands.
117. Form of notice.
118. Name of transferee to be substituted in the municipal registers.
- Whenever such transfer comes to the knowledge of the Municipality either through such notice or otherwise and after such enquiry as may be necessary, the name of the transferee shall be substituted in the municipal register for that of the person primarily responsible.119. Liability for payment of taxes on buildings or lands to continue in absence of a notice of transfer.
120. Tax from whom primarily leviable.
121. [ Appeals relating to taxation. [Substituted by Act No. 27 of 2017, dated 18.5.2017.]
- An appeal against an assessment, or an alteration of an assessment and, in all cases in which no appeal has been made as aforesaid, an appeal against a notice of demand under Section 130 may be made, -122. Limitation and preliminary deposit of tax claimed.
- No such appeal shall be heard and determined unless123. Costs.
124. Bar to jurisdiction of civil and criminal courts in matter of taxation.
125. Savings.
126. Obligation to disclose liability.
127. Duty to recover the taxes.
- The Chief Municipal Officer or any officer authorized by him shall be responsible for proper levy and recovery of the taxes imposed under Sections 102 and 103.128. Presentation of bill of tax.
- When any amount129. Contents of bill.
- Every such bill shall specify130. NOtice of demand.
- If the sum for which any bill has been presented as aforesaid is not paid into the municipal office or to a person authorized by any rule in that behalf to receive such payment, within fifteen days from the presentation thereof, the Municipality may cause to be served upon the person to whom such bill has been presented, a notice of demand in the form of the Fourth Schedule or to the like effect.131. In what cases warrant may issue.
132. Forcible entry for executing warrant.
- It shall be lawful for any officer to whom a warrant issued under Section 131 is addressed or endorsed, to break open, at any time between sunrise and sunset, any outer or inner door or window of a building, in order to make the attachment directed in the warrant, if he has reasonable grounds for believing that such building contains property which is liable to seizure under the warrant and if after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance:Provided that such officer shall not enter or break open the door of any apartment appropriated for women until he has given three hours notice of his intention and has given such women an opportunity to withdraw.133. Manner of executing warrant.
134. Sale of property attached in special cases.
135. Attachment and sale outside the Municipality.
- Where the warrant is to be executed outside the Municipality, the authority issuing the warrant, may by endorsement direct the officer to whom the warrant is addressed to sell the property attached and in such case, it shall be lawful for such officer to sell the property and to do all things incidental to the sale and the foregoing provisions shall apply mutatis mutandis. Such officer shall after deducting all costs of recovery incurred by him remit the amount recovered under the warrant to the authority by whom it was issued, who shall dispose of the same in accordance with the provisions of Section 131.136. Summary proceedings may be taken against persons about to leave the Municipality.
137. Savings.
- No attachment or sale made under this Act shall be deemed unlawful nor shall any person making the same be deemed a trespasser on account of an error, defect or want of form in the bill, notice of demand, warrant, inventory or other proceedings relating thereto.138. Receipt to be given for all payments.
- For all sums paid on account of any tax under this Act, a receipt stating the amount, and the tax on account of which it has been paid, shall be tendered by the person receiving the same.139. Alternative power of bringing suit.
- Instead of proceeding by attachment and sale or in case of failure to realize thereby the whole or any part of the demand, Chief Municipal Officer may sue the person liable to pay the same in any Court of competent jurisdiction.140. Liability of land, building, etc., for taxes.
- All sums due on account of any tax imposed on the lands or buildings or both shall, subject to the prior payment of land revenue, if any, clue to the State Government thereupon, be a first charge upon the building or land in respect of which such tax is leviable and upon the movable property, if any, found within or upon such building or land and belonging to the person liable for such tax:Provided that no arrears of any such tax shall be recovered from any occupier who is not the owner, if it has been due for more than one year or for a period during which such occupier was not in occupation.Chapter VIII
Borrowings
141. Comprehensive debt limitation policy.
- The State Government shall frame a comprehensive debt limitation policy applicable in the case of loans, including short-term loans, to be raised by the Municipalities, laying down, inter alia, the general principles governing the raising of loans by the Municipalities, the limit of the loans which any Municipality may raise having regard to its financial capacity, the rate of interest to be paid for such loans and the terms and conditions, including the period of repayment thereof.142. Power of Municipality to raise loan.
143. Power of Municipality to open credit account with bank.
- Notwithstanding anything contained in Section 142, the Municipality may, where the raising of a loan is sanctioned by the State Government under that Section, instead of raising such loan or any part thereof, take credit, on such terms as may be approved by the State Government, from any scheduled bank, to be kept in a cash account bearing the name of the Municipality to the extent of such loan or any part thereof and, with the sanction of the State Government, may grant mortgage of all or any of the properties vested in the Municipality by way of securing the repayment of the amount of such credit or of the sums advanced from time to time on such cash account with interest.144. Power of Municipality to raise short-term loan.
- Notwithstanding anything contained in this Chapter, the Municipality may, within the limits set by the comprehensive debt limitation policy framed under Section 141 from time to time, take a short-term loan repayable within such period, not exceeding twelve months, from any other scheduled bank, for such purpose, not being a purpose referred to in sub-Section (1) of Section 142, on such terms, and on furnishing such security for the repayment of such loan, as may be approved by the State Government.145. Establishment of Sinking Fund.
- The Municipality shall establish a Sinking Fund in respect of each loan raised under Section 142 for the repayment of moneys borrowed and shall, every year, pay into such Sinking Fund such sum as shall be sufficient for the repayment, within the period fixed for the loan, of the moneys borrowed.146. Application of Sinking Fund.
- A Sinking Fund or any part thereof shall be applied to the discharge of the loan or a part of the loan for which such fund was created and, until such loan or part thereof is wholly discharged, such Fund shall not be applied to any other purpose.147. Power to discontinue payment towards Sinking Fund.
- If, at any time, the sum standing at the credit of a Sinking Fund established under Section 145 for the repayment of any loan is of such amount that if allowed to accumulate at the rate of interest sanctioned under the first proviso to sub-Section (1) of Section 142, it will be sufficient to pay off the loan within the period approved by the State Government under the said proviso, further payment towards such fund may be discontinued.148. Investment of amount at the credit of Sinking Fund.
149. Manner of repayment of loans.
- Every loan raised by the Municipality under Section 142 shall be repaid within the time approved under that Section and such repayment shall be made either from a Sinking Fund established under Section 145 in respect of such loan or partly from such Sinking Fund and, to the extent to which such Sinking Fund falls short of the sum required for the repayment of such loan, partly from the loan raised for the purpose under Section 142, as may be approved by the State Government.150. Annual statement.
151. Annual examination of Sinking Funds.
Chapter IX
Commercial Projects, Private Sector Participation Agreements and Assignment to other Agencies
152. Commercial projects and receipts therefrom.
- The Municipality may, either on its own or through public or private sector agencies, undertake the planning, construction, operation, maintenance or management of commercial infrastructure projects, including district centers, shopping centers, bus or truck terminals and tourist lodges with commercial complexes and any other type of commercial projects on commercial basis.153. Undertaking of project by Municipality or by other agency.
- Notwithstanding anything contained elsewhere in this Act, but subject to the provisions of any State law relating to planning, development, operation, maintenance and management of municipal infrastructure and services, a Municipality may, in the discharge of its functions specified in Section 45 Section 46, and Section 47,-154. Types of private sector participation agreements.
155. Functions assigned to Municipality or other agencies.
- In the discharge of its obligations assigned under Section 47, the Municipality may, wherever considered appropriate in the public interest,-Chapter X
Economic and Development Planning
156. City Development Plan.
157. Committee for Metropolitan Planning.
158. Committee for District Planning.
- The District Planning Committee constituted under the provisions of Section 121 of-the Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994) shall be deemed to be the Committee constituted under Article 243ZD of the Constitution of India.Chapter XI
Urban Development and Town Planning
159. Civil Survey and preparation of Master Development Plan and other Plans.
160. Procedure to be followed in the preparation and sanction of Plan.
161. Date of operation of Plan.
- Immediately after a Plan has been sanctioned by the '[State Government], it shall be published through a public notice stating that a Plan has been approved and naming a place where a copy of the Plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice, the Plan shall come into operation.162. Subsequent modification of Plans.
163. Implementation of Plan.
- After the coming into operation of any plan, the Municipality may initiate such action for implementation of the Plan as may be deemed necessary, subject to the provisions of this Act.164. Plans prepared prior to this Act deemed to have been prepared under this Act.
- Any Master Development Plan prepared under the provisions of any other law for the time being in force prior to the commencement of this Act, shall be deemed to have been prepared under the provision of this Act, to which the provisions of the foregoing Sections relating to the sanction, modification and operation of Master Plan/ Master Development Plan shall mutatis mutandis apply:Provided that any Master Development Plan sanctioned for the Municipality under any other provisions of law shall cease to operate as soon as a Plan is sanctioned under the provisions of this Act.165. Review of Plan.
- Notwithstanding anything contained in this Act, if the State Government or the Municipality at any time within ten years from the date on which a Plan comes into operation under this Act is of the opinion that the revision of such Plan is necessary, the State Government may direct the Municipality to revise or the Municipality may of its own motion undertake revision of such Plan after carrying out, if necessary, fresh civic survey and preparing an existing land use map and thereupon the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of such Plan as those provisions apply in relation to the preparation, publication and sanction of a Plan.166. Declaration of Development Areas.
167. Penalty for unauthorized development or for use otherwise than in conformity with the Plan.
168. Power to require removal of unauthorized development.
169. Power to stop un-authorized development.
170. Removal or discontinuance of un-authorized temporary development summarily.
171. Sanction [for sub-division or reconstitution of] [Substituted 'for sub-division of' by Act No. 22 of 2017, dated 17.5.2017.] plot or lay out of Private Street.
172. Recovery of expenses incurred.
- Any expenses incurred by the Municipality under Sections 168, 169, 170 and 171 shall be a sum due to the Municipality under this Act from the person in default or the owner of the land or plot and shall be recovered as arrears of land revenue.173. Making and contents of Projects and Schemes.
174. Preparation of Projects and Schemes.
175. Redevelopment Scheme.
- Where the Chief Municipal Officer upon information in his possession is satisfied in respect of any area176. Submission of project and scheme to the Municipality for approval.
- Every development scheme shall, as soon as may be after it has been framed, be submitted by the Chief Municipal Officer for approval to the Municipality and the Municipality may either approve the scheme without modification or with such modifications as it may consider necessary or reject the scheme and require the Chief Municipal Officer to have a fresh scheme framed according to such directions as the Municipality may give.177. Restrictions on use and development of land after declaration of a Scheme.
178. Lapse of Scheme.
- If the Municipality fails to implement the project or scheme approved under sub-Section (4) of Section 174 within a period of two years from the date of publication thereof under sub-Section (5) of Section 174, it shall, on the expiration of the said period of two years, lapse.179. Modification or withdrawal of project or Scheme.
180. Power of the State Government to require Municipality to make scheme.
- The Municipality may, and if so required by the State Government it shall, direct the Chief Municipal Officer to prepare a Development Scheme in respect of any area of the City.181. Saving to any project or Scheme.
- Notwithstanding anything contained in any provision of this Act or in any plan sanctioned under it, the Municipality shall be at liberty to make and carry out any project or scheme not covered by the said plan, if in the opinion of the Municipality, it is necessary to do so or is expedient in public interest, and the said plan shall be deemed to be modified to that extent.182. Restriction on change of use of land and power of the State Government to allow change of use of land.
183. The regular line of Public Street.
184. Rights of way for underground utilities.
- Subject to the provisions of the Indian Telegraph Act, 1885 (Central Act No. 13 of 1885), the Electricity Act, 2003 (Central Act No. 36 of 2003) and such other laws as may he notified by the State Government for the purposes of this Section, the State Government may, by rules, provide for the following, namely:185. Maps of underground utilities.
- The Chief Municipal Officer shall cause to be maintained complete survey maps, drawings and descriptions of all underground utilities in the municipal areas, and maps of fire hydrants and sewerage man-holes in such form and in such manner, as may be provided by bye-laws, and shall ensure the secrecy of the same in conformity with the provisions of any law relating to right to information.186. Special provision regarding streets belonging to Central or State Government.
187. Temporary erection on streets during festivals.
188. Precautions during construction or repair of street, drain or premises.
- Subject to the terms and conditions as may be specified by bye-laws, the Chief Municipal Officer, during construction or repair of any public street or any municipal drain or any premises vested in the Municipality, shall -189. Material not to be deposited nor hole to be made in a street without permission.
190. Compulsory provision of footpaths.
191. Building at corner of streets.
192. Setting back projecting buildings.
193. Level of buildings.
- No building shall hereafter be built upon lower level than will allow the drainage thereof being laid into some public sewer or drain either then existing or projected by the Municipality or into some stream or some cess pool or other suitable place which may be approved of by the Municipality.194. Provisions relating to erection of all kinds of buildings.
195. Maintenance of apartment complexes by association of residents.
196. Particulars of permission and construction to be displayed prominently.
197. Hoardings to be set up during repairs, etc.
198. Taking over of responsibilities to maintain amenities.
- Notwithstanding anything contained in any other law for the time being in force, the Municipality shall not take over any responsibility to maintain any amenities provided in any scheme or colony developed by any authority, agency or person unless199. Handing over or taking over of colonies developed by other agencies.
- No Municipality shall take over any scheme or colony developed by any other authority; agency or person, unless its plans had been approved in advance by the Municipality and in other cases the scheme or the colony is in accordance with the existing laws and rules. The Municipality shall also satisfy itself that the prescribed amenities have already been provided as indicated in Section 198 or the necessary deficiency charges have been paid and all relevant records, including proof of title, plans, specifications and designs of such schemes or colony are submitted to the Municipality. The Municipality, after such taking over, shall have full rights of disposal of all properties included in the colony in accordance with the provisions of the scheme. All such schemes, colonies and amenities shall, after such taking over, vest in the Municipality.Chapter XII
Municipal Powers and Offences
200. Municipal control over drains etc.
201. Powers for making drains etc.
202. Effectual drainage of building.
203. Right of owners and occupiers of buildings or lands to drain into municipal drains.
- The owner or occupier of any building or land within the Municipality shall be entitled to cause his drain to empty into sewers of the Municipality only provided that he first obtains the written permission of the Municipality and that he complies with such conditions as the Municipality prescribes as to the mode in which and the superintendence under which communications are to be made between drains not vested in the Municipality and drains which are so vested.204. Sewage and rain water drains to be distinct.
- Whenever it is provided in the Act that steps may be taken for the effectual drainage of any premises, the Municipality may require that there shall be one drain for offensive matter and sewage and another drain for rain-water and unpolluted sub-soil water, each emptying into separate, municipal drains or other places set apart by the Municipality for the discharge of drainage or into other suitable places.205. Right to carry drain through land or into drain belonging to other person-how and on what conditions to be authorized by the Municipality.
206. Work, how to be carried out.
- In executing any work under Section 205 as little' damage as possible shall be done, and the owner or occupier of the building or land for the benefit of which the work is done shall207. Right of owner of land through which drains are carried in regard to subsequent building thereon.
- If the owner of any land into, through or under which a drain has been carried under Section 205, whilst such land was not built upon, shall at any subsequent time desire to construct a building thereon, the Municipality may, if it sanctions the construction of such building, by written notice require the owner or occupier of the building or land for the benefit of which such drain was constructed, to close, remove or divert the same, and to fill in, re-instate and make good the land in such manner as it may deem to be necessary, in order to admit of the construction or safe enjoyment of the proposed building and may also, by written notice, require the person desiring to construct the building to make such alterations in the location of the building with reference to the drain, or in the details of the construction of the building and on such terms as Municipality may deem to be necessary for the maintenance of the drainage connection.208. Provision of privies, etc.
209. Erection of latrine and urinal in factories, schools and public places.
210. Cost of altering, repairing and keeping in proper order privies, etc. .
211. Power to close existing private drains
- When any building or land within the Municipality has a drain connecting with any cess-pool or sewer, the Municipality, if it considers that such drain, though it may be sufficient for the drainage of such building or land and though it may be otherwise unobjectionable, is not adapted to the general sewerage of the Municipality, may close such drain and such cess-pool or sewer, whether it is or is not on land vested in the Municipality, on providing a drain or drains equally effectual for the drainage of such building or land, and the Municipality shall do any work necessary for the purpose.212. Power in respect of sewers etc. constructed in an un-authorized manner, rebuilt or unstopped.
- The Municipality may by written notice require that any sewer, drain, privy, water-closet, house-gully Gr cess-pool on any land within municipal limits constructed or rebuilt or unstopped213. Encroachment on municipal drains etc.
214. Inspection of drains etc.
215. Power of Municipality to execute certain works without allowing owner to do so.
216. Power of carrying water mains etc.
- The water supply department of the State Government or the Municipality, as the case may be, in whom the duty of construction and maintenance of water works for supply of water to the Municipality vests, shall have the same powers and be subject to the same restrictions for carrying, renewing and repairing water mains, pipes and ducts within or without the Municipality as the Municipality has and is subject to under the provisions contained in this Act for carrying, renewing and repairing drains within the Municipality.217. Special provisions relating to trade effluent.
- Subject to the provisions of this Act and the bye-laws made thereunder and or any other law for the time being in force, the occupier of any trade premises may, with the approval of the Municipality or, so far as may be permitted by this Act or the bye-laws made thereunder or any other law for the time being in force, without such approval, discharge into the municipal drain any trade effluent proceeding from such premises.218. Special provisions regarding drainage of trade effluent.
- Notwithstanding anything contained in this Act or, the rules or bye-laws made thereunder or any usage, custom or agreement, where, in the opinion of the Chief Municipal Officer -219. Buildings, railways and private streets not to be erected or constructed over water-mains or on municipal drains without permission.
220. Railway administration to be informed in certain cases.
- If the Chief Municipal Officer desires to place or carry any pipe or drain or to do any other work connected with water-supply or drainage across any railway line, he shall inform the railway administration, who may execute the same at the cost of the Municipality.221. Power of owner of premises to place pipes and drains through land belonging to other persons.
222. Power of Chief Municipal Officer to execute work after giving notice to person liable.
223. Work to be done by licenced plumber.
224. Prohibition of certain acts.
225. Entrustment of operation and maintenance of sewerage works and billing and collection of sewerage charges.
- The Municipality may, with the approval of the State Government, entrust the work of operation and maintenance of sewerage works in the municipal area and the work of billing and collection of sewerage charge or sewerage cess to any agency under any law for the time being in force or any private agency.226. Duty of Municipality in respect of solid wastes management and handling.
227. Entrustment of management and handling of solid wastes and billing and collection of charge.
- Notwithstanding anything contained elsewhere in this Act, for the purposes of management and handling of municipal solid wastes and for development of infrastructure, if any, for collection, storage, segregation, transportation, processing and disposal of such solid wastes, a charge shall be levied, and payment thereof shall be made, at such rate as the Municipality may fix from time to time:Provided that the charge as aforesaid shall, as far as practicable, be such as shall cover the costs on account of management and handling of municipal solid wastes and development of infrastructure, if any, for collection, storage, segregation, transportation, processing and disposal thereof and also the costs of debt-servicing, depreciation of plant and machinery, and other charges, if any:Provided further that the Chief Municipal Officer may, with the prior approval of the Municipality, entrust development of infrastructure for collection, storage, segregation, transportation, processing and disposal of solid wastes and the work of management and handling of municipal solid wastes and of billing and collection of the charges as aforesaid to any agency under any law for the time being in force or to any other agency.228. Solid wastes to be property of Municipality.
- All solid wastes deposited in public receptacles, depots and places provided or appointed under Sections 226 and all solid wastes collected by the municipal employees or contractors or any other agency authorized in this behalf shall be the property of the Municipality and the Municipality may dispose it as it may deem proper.229. Appointment of places for disposal and final disposal of solid wastes.
- The Municipality may, either on its own or through any other agency, cause the solid wastes to be disposed of at such place or places within or outside the municipal area, and in such manner, as it considers suitable:Provided that no place which has not been used before the commencement of this Act for the purpose specified in this Section, shall be so used, except230. Duty of owners and occupiers of premises to store solid wastes at source of generation.
- It shall be the duty of the owners and the occupiers of all lands and buildings in the municipal area-231. Duty of Co-operative Housing Society, Apartment Owners' Association, etc..
- It shall be the duty of the managements of co-operative housing societies, apartment owners' associations, residential and nonresidential building complexes, educational buildings, mercantile buildings, industrial buildings, storage buildings and hazardous buildings to provide at their premises community bins or disposal bags of appropriate size as may be specified by the Municipality for temporary storage of wastes (other than recyclable wastes), hazardous wastes, and bio-medical wastes and for their subsequent collection and removal by the Municipality .232. Prohibitions.
- No person and no owner or occupier of any land or building shall233. Punishment for littering on streets and depositing or throwing any solid waste.
- Whoever litters any street or public place or deposits or throws or causes or permits to be deposited or thrown any solid waste or building rubbish at any place in contravention of the provisions of this Act, or permits the flow of any filthy matter from his premises, shall be liable to pay a penalty not exceeding five hundred rupees on the spot to be imposed by an officer authorized by the Municipality in this behalf .234. Bio-medical wastes.
- It shall be the duty of the Municipality, either on its own or through any other agency authorized by it in this behalf, to implement the provisions of the rules made by the Central Government in exercise of the powers conferred by the Environment (Protection) Act, 1986 (Central Act No. 29 of 1986) to regulate the management and handling of bio-medical wastes to the extent such rules apply to the Municipality.235. Hazardous wastes.
- It shall be the duty of the Municipality, either on its own or through any other agency authorized by it in this behalf, to implement the provisions of the rules made by the Central Government in exercise of the powers conferred by the Environment (Protection) Act, 1986 (Central Act No. 29 of 1986) to regulate the management and handling of Hazardous wastes to the extent such rules apply to the Municipality.236. Permission necessary for certain projections.
237. Troughs and pipes for rain water.
238. [ Provision of rain water harvesting. [Section 238 Substituted vide Rajasthan Municipalities (Amendment) Act, 2010. Published in Rajasthan Gazette Point 4(A), 15.09.2010 w.e.f. 15.9.2010.]
238A. [ Provision of parking space. [New Section 238A Added vide Rajasthan Municipalities (Amendment) Act, 2010. Published In Rajasthan Gazette Point 4(A), dated 15.09.2010 w.e.f. 15.9.2010.]
239. Fixing of brackets etc. to houses.
- The Municipality may erect or fix to the outside of any building brackets for lamps to be lighted with oil or gas or, subject to the provisions of any law in force relating to electricity, for lamps to be lighted with electricity or otherwise, or subject to the provisions of the law in force relating to telegraphs, for telegraph wires or telephonic wires, or for the conduct of electricity for locomotives or other purposes or such pipes as it may deem necessary for the proper ventilation of sewers and water works and such brackets and pipes shall be erected so as not to occasion any inconvenience or nuisance to the said building or any other in the neighbourhood.240. Naming of streets and numbering of houses.
241. Installation of statues.
242. Removal and trimming of hedges, trees, etc.
243. Dangerous buildings.
244. Displacing pavements etc.
245. Encroachment or obstruction upon public land.
246. Dangerous quarrying.
- If in the opinion of the Municipality the working of any quarry or the removal of stone, earth or other material from the soil in any place is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create nuisance, the Municipality may, by written notice, require the owner of the said quarry or place, or the person responsible for such working or removal, not to continue or permit the working of such quarry or the removing of such material or to take such order with such quarry or place as the Municipality shall direct for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom:Provided that, if such quarry or place is vested in the State Government or if such working thereof or removal therefrom as' aforesaid is being carried on by or on behalf of the State Government or any person acting with the permission or under the authority of the State Government or of any officer of the State Government as such, the Municipality shall not take such action unless and until the State Government has consented to its so doing:Provided further that the Municipality shall immediately cause a proper hoarding or fence to be put up for the protection of passengers near such quarry or place, if in any case referred to in this Section, it appears to it to be necessary in order to prevent imminent danger, and any expense incurred by the Municipality in taking action tinder this Section shall be paid by such owner or other persons as aforesaid and shall be recoverable as an arrear of tax under this Act.247. Premises not to be used for keeping animals, or poultry without licence.
- No person shall use, or permit to be used, any land or premises for keeping cattle, horse, pig, dog, or other quadruped animal or any kind of poultry for any purpose whatsoever without, or otherwise than in conformity with, the terms of a licence granted by the Municipality on payment of such fees as may be determined by the Municipality by bye-laws:Provided that the Municipality may, by a written order, exempt any class of animal or bird from such licence or from any purpose for which such class of animal or bird may be kept.248. Seizure of certain animals or birds.
249. Power to deal with infected dogs or animals.
- The Chief Municipal Officer may250. Power to stop nuisances from animals within premises.
251. Licensing of dairies.
252. Power to prohibit use of public streets for certain kind of traffic.
253. Regulation of parking of private vehicles on public places.
- The Municipality shall regulate parking of vehicles on public places including footpaths and along roadside to ensure smooth flow of traffic and prevent inconvenience to the general public. In any case parking shall not be permitted on public place unless adequate space is available:Provided that Municipality may, having regard to availability of adequate space, permit parking on public places by general or special order subject to payment of a parking fee at such rate as may be prescribed-by the Municipality.254. Halting vehicles or animals on public ground.
- Where any land vested in the Municipality or any public place is, without the permission in writing of the Municipality, used as a halting place for any vehicle or animal or a place of encampment, the owner or keeper of the vehicle or animal or the person encamping, as the case may be, shall be liable on conviction to fine which shall not be less than one thousand rupees but which may extend to two thousand rupees and in the case of a continuing breach to a further fine which shall not be less than fifty rupees but which may extend to one hundred rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the commission of the offence.255. Arrangement for fire prevention.
- The Municipality may require, by bye-laws, the owner or the occupier of all or any of the premises in the municipal area to make such arrangements as may be necessary for fire prevention and fire safety in the municipal area and may also require the owner or the occupier to obtain a no objection certificate in this behalf in such form and in such manner and from such authority as may be specified in such bye-laws.256. Establishment and maintenance of fire brigade.
- The Municipality may establish and maintain a fire-brigade and may provide any implements, machinery or means of communicating intelligence which it thinks necessary for the prevention and extinction of fire.257. Powers of fire brigade and other persons for suppression of fire.
258. Power to restrict or ban manufacture etc. of plastic bags.
259. Non-taking of connection or discharging sewage etc.
- Whoever does not take connection from sewerage system as provided in Section 202 or causes or allows the water of any sink or sewer, any other liquid or other matter which is or which is likely to become offensive, from any building or land under his control, to run, drain or be thrown or put upon any street or open space or to soak through any external wall, or causes or allows any offensive matter from any sewer or privy to run, drain or be thrown into a surface drain in any street, without the permission in writing of the Municipality, or who fails to comply with any conditions prescribed in such permission, shall be punishable with fine which shall not be less than five thousand.260. Filthy building etc..
261. Bathing Places.
262. Fouling Water.
263. Abatement of nuisance from wells, etc.
264. Regulation or prohibition of certain kinds of cultivation.
- The Municipality, on the report of the Director of Medical and Health Service, the Chief Medical and Health Officer or the Local Medical Officer that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land, in any place within the limits of the Municipality is injurious to the public health, may, with the previous sanction of the State Government, by public notice regulate or prohibit the cultivation, use of manure, or irrigation so reported to be injurious:Provided that, when such cultivation, use or irrigation has been practised during the five years preceding the date of such public notice with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested therein for any damage caused to them by absolute prohibition.265. Using offensive manure etc.
- Whoever, except with the written permission of the Municipality and in the way, if any, enjoined in such permission, stores or uses night-soil or other manure of substance emitting an offensive smell shall be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees.266. Playing any game causing annoyance.
- Whoever negligently flies kites, or discharges or lets fireworks or fire balloons or engages in any game, in such a manner as to cause or be likely to cause danger or annoyance to persons passing by or dwelling or working in the neighbourhood or risk of injury to property, shall be punishable with fine which shall not be less than one hundred rupees but which may extend to five hundred rupees.267. Prohibition of other nuisances.
268. Consumption of smoke.
269. Licensing markets, slaughter-houses and certain business.
270. Opening, closing and letting of markets and slaughter-houses.
271. Slaughter-houses etc. beyond municipal limits.
- It shall be lawful for the Municipality, with the sanction of such officer as may be appointed or authorized by the State Government in this behalf, to establish slaughter-houses or places for the disposal of carcasses of animals beyond the limits of the Municipality, and all provisions of this Act and of bye-laws in force thereunder relating to such places within municipal limits shall have full force therein, as if such places were within the municipal limits.272. Opening of new slaughter-houses.
- Notwithstanding anything contained in this Act, the Municipality shall, while establishing or permitting establishment of a new slaughterhouse, have regard to the public convenience and general public opinion and shall consider reasonable objection received from the public. -273. Powers which may be exercised for preventing dangerous diseases.
274. Special powers which may be conferred by State Government in respect of over-crowded areas notified by State Government.
275. Burials and burial grounds.
- The Municipality shall be ,responsible276. Power in respect of burial and burning places.
277. Regulation of the removal of corpses.
278. Power to licence fuel shops at burning grounds.
279. Powers to cause corpses to be buried or burnt.
280. Removal of carcasses of dead animals in municipal" area.
281. Penalty for acts done by persons suffering from certain disorders
- Whoever while suffering from an infectious or contagious disorder282. Regulation of certain trades.
283. Use of siren for summoning or dismissing workmen.
284. Service of notices, etc. addressed to individual.
285. Disobedience to individual notice.
- If a notice or order has been given under the provisions of this Act or under a rule or bye-laws made thereunder to a person requiring him to execute some work in respect of any property, movable or immovable and public or private, or to provide or do or refrain from doing anything within a time specified in the notice or order and if such person fails to comply with such notice or order then286. Disobedience to public notice.
- Where by this Act or a notice or order issued thereunder, the public is required to do or to refrain from doing anything, a person who fails to comply with such requisition shall, if such failure is not an offence punishable under any other Section, be liable,288. Occupier, in default of owner, may execute works and deduct expenses from rents.
- Whenever default is made by the owner of any building or land in the execution of any work which a Municipality may require him to execute, the occupier of such building or land may, with the approval of the Municipality, cause such work to be executed and the expenses thereof shall be paid to him by the owner or the amount thereof may be deducted out of the rent becoming due from him to such owner.289. Proceedings if any occupier opposes the execution of the Act.
- If the occupier of any building or land prevents the owner thereof from carrying into effect in respect of such building or land any of the provisions of this Act after notice of his intention so to carry them into effect has been given by the owner to such occupier, any Magistrate, upon proof thereof and upon application of the owner, may make an order in writing requiring such occupier to permit the owner to execute all such works with respect to such building or land as may be necessary for bringing into effect the provisions of this Act and may also, if he thinks fit, order the occupier to pay the owner the cost relating to such application or order; and if after the expiration of eight days from the date of the order, such occupier continues to refuse to permit such owner to execute such work, such occupier shall, for every day during which he so continues to refuse, be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees, and such owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such work.290. Penalty for obstructing persons employed by Municipality.
291. Penalty for breaches of Act, rules and bye-laws not otherwise provided.
- Whoever contravenes any provisions of this Act or of any rule, bye-laws or order thereunder or fails to comply with any notice, order or direction issued or made thereunder for which contravention or failure no penalty has been elsewhere provided in this Act or in the rules or bye-laws made thereunder, shall be liable on conviction to fine which shall not be less than two thousand rupees but which may extend to five thousand rupees.292. Entry for purposes of Act.
- It shall be lawful for the Chief Municipal Officer or any officer authorized by the Municipality in this behalf to enter, for any purpose of this Act or any rule or bye-laws made thereunder between sunrise and sunset with such assistants as he may deem necessary, into and upon any building or land:Provided that except when hereinafter otherwise provided, no building or land which may be occupied at the time shall be entered, except with the consent of the occupier thereof, twenty-four hours written notice having been given to the occupier:Provided further that, in the case of buildings used as human dwellings, due regard shall be paid to the social and religious customs of the occupiers.293. Preventive Inspection.
- Where there is reason to believe that, in any building or on any land, a work has been executed in ,connection with any municipal drainage works or other municipal undertaking in contravention of the provisions of this Act or of rules or bye-laws made hereunder, the Chairperson, the Vice-Chairperson, the Chief Municipal Officer or a Health officer may at any time and without notice inspect such building or land:Provided that in the case of a building used as a human dwelling due regard shall be had to the social and religious customs of the occupiers thereof.294. Power for effecting entry.
- It shall be lawful for a person authorized under the provisions of Section 292 or any other provisions of this Act to make an entry for the purpose of inspection or of search to open or cause to be opened a door, gate or other barrier295. Determination of compensation in certain cases.
296. Costs or expenses how determined and recovered.
- If a dispute arises with respect to any costs or expenses which are directed to be paid by any person under this Act the amount and, if necessary the apportionment of the same shall, save where it is otherwise expressly provided in this Act, be ascertained by the Municipality and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under this Act.297. Formation of State Municipalities Union and its functions.
297A. Penalty for defacement of Property.
297B. Punishment for attempt to commit offence.
- Whoever attempts to commit any offence punishable under this Chapter or causes such offence to be committed and in such attempt does any act towards the commission of the offence, shall be punishable with the punishment provided for the offence.297C. Punishment for abettor.
- Any person who by the supply of or solicitation for money, the providing of premises, the supply of materials or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any offence under this Chapter shall be punished with the punishment provided for the offence.297D. Power to erase writing etc.
- Without prejudice to the provisions of Section 297-A, it shall be competent for the municipality or any officer authorised by it in this behalf, to take such steps as may be necessary for erasing any writing, freeing any defacement or removing any mark from any property.297E. Power to compound offence.
- It shall be competent for the municipality or any officer authorised by it in this behalf to withdraw any prosecution, or to compound any offence committed, under this Chapter on such terms and conditions as may be prescribed.297F. Indemnity.
- No suit, prosecution or other legal proceedings shall lie against the Government, any local authority or person for anything which is in good faith or in public interest done or intended to be done under this Chapter.297G. Chapter to override other laws.
- The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.297H. Definitions.
- In this Chapter, unless the context otherwise requires, -Chapter XIII
Prosecution, Suits etc.
298. Municipality may prosecute.
299. Powers with respect to prosecuting for offences.
- A Municipality may300. Damages to municipal property how made good.
- If through any act, neglect or default, on account whereof any person shall have incurred any penalty imposed by or under this Act and any damage to the property of the Municipality shall have been committed by such person, he shall be liable to make good such damage as well as to pay such penalty, and the amount of damage shall, in case of dispute, be determined by the Magistrate by whom the person incurring such penalty is convicted, and in case of nonpayment of such damage on demand, the same shall be levied by distress, and such Magistrate shall issue his warrant accordingly.301. Certain offences to be cognizable and bailable.
- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act No.2 of 1974), an offence punishable under Sections 167, 236 [245, 297-A, 297-B and 297-C] [Substituted 'and 245' by Rajasthan Act No. 1 of 2018, dated 16.1.2018.] of this Act shall be cognizable and bailable.302. Distress lawful though defective in form.
- No distress levied by virtue of this Act shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect of form in any summons, conviction or warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him; but all persons aggrieved by such irregularity may recover full satisfaction for the special damage in any Court of competent jurisdiction.303. Alternative procedure by suit.
- In lieu of any process of recovery allowed by or under this Act or in case of failure to realize by such process the whole or any part of any amount recoverable under this Act or of any compensation, expenses, charges or damages payable under this Act, it shall be lawful for a Municipality to sue in any Court of competent jurisdiction the person liable to pay the same.304. Suits against Municipality or its officers.
305. Civil Court not to grant temporary injunctions in certain cases.
- No civil Court shall in the course of any suit grant any temporary injunction or make any interim order306. Power of compromises.
307. Mode of proof of municipal records.
- A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a Municipality shall, if duly certified by the legal keeper thereof or other person authorized by it in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transaction therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have admissible to prove such matters.308. Restrictions on the summoning of municipal servants to produce documents.
- No municipal officer or servant shall, in any legal proceeding to which a Municipality is not a party, be required to produce any register or document, the contents of which can be proved under the preceding Section by a certified copy, or to appear as a witness to prove the matter and transactions recorded therein unless by order of the Court made for special cause.Chapter XIV
Control
309. Appointment and powers of Director, Deputy Director and Assistant Director.
310. Powers of inspection and supervision.
311. Power to inspect the office of the Municipality.
- Any officer appointed or authorized by the State Government in this behalf shall have power to inspect the office of any Municipality and call for the records of any such Municipality.312. Powers of suspending execution of order etc. of Municipality.
313. Extraordinary powers in case of emergency.
314. Compliance by Municipality of requisition by Government for servants in times of emergency.
- On the occurrence of war, famine, scarcity, dangerous disease, floods or any similar emergency, and to provide for fairs or other occasions involving a large gathering of people, the Municipality shall immediately comply with any requisition made by State Government or by an officer of the State Government authorized by general or special orders to make the requisition, for the services, of any of the Municipality's officers or officials holding posts in its medical, public health, sanitary, vaccination, veterinary, electrical, water works or public works departments or for the services of any Vaid or Hakim employed by the Municipality, and shall meet such proportion of the charge connected with the requisitioning as the State Government may decide to be a proper charge on the Municipality.315. Agency for execution of public works.
316. Special provisions in regard to works executed by the State Government.
317. Government enquiry into municipal matters.
318. Power of Government to prevent extravagance in the employment of establishment.
319. Power of Government to provide for performance of duties in default of Municipality.
320. Exercise of Municipality's power pending its establishment.
- When a new Municipality is created, such officer, committee or authority as may be appointed by the State Government in this behalf may, until a. Municipality is established in accordance with the provisions of this Act, exercise the powers and discharge the duties and perform functions of the Municipality and such officer, committee or authority shall for the purposes of this Act be deemed to be the Municipality:Provided always that such officer, committee or authority shall within six months of the creation of the Municipality make arrangements for the holding of the first elections and generally of hastening the assumption by the Municipality of its duties when constituted:Provided further that no such officer, committees or authority shall be entitled to propose or to impose any new tax and to make bye-laws.321. Power of government to direct person in custody of municipal fund to pay government dues.
- If a Municipality makes default in the payment of any amount due to the State Government, it may make an order directing the person having the custody of the municipal fund to pay it in priority to any other charge against such fund and such person shall so far as the funds to the credit of the Municipality admit, be bound to comply with such order.322. Power of Government to dissolve Municipality in case of incompetency or having less than two third elected members.
323. Dispute between a Municipality and one or more local authorities.
324. Dispute between a Municipality and Urban Improvement Trust, City Development Authority or any other Statutory Board.
- All disputes between a Municipality and any Urban Improvement Trust, City Development Authority, Housing Board or any other Statutory Board, relating to territorial and functional jurisdiction, if not amicably settled shall be referred to the State Government and the decision of the State Government on such matter shall be final.325. Powers of Government to cancel or modify bye-laws and rules of Municipalities.
326. Delegation of powers by Government.
327. Power to call for records.
Chapter XV
Staff
328. Creation of Rajasthan Municipal Service.
- (l) As soon as may be after the commencement of this Act, there shall be created and constituted by the State Government for the whole of the State a service designated as the Rajasthan Municipal Service and hereinafter referred to as the Service.329. Classification of Municipalities.
330. Recruitment to posts in the Service.
331. [ Deleted] [Section 331 Deleted vide Notification No. F. 2(33) Vidhi/2/2011, dated 22.9.2011 Published in Rajasthan Gazette Exty. Point4(A), dated 22.09.2011 w.e.f. 31.03.2011. Before Deletion Section 331 of the Act was as under :331. Consultation with Commission.-(1) As respects the service, the State Public Service Commission, hereinafter referred to as the Commission, shall in addition to its functions under the Constitution, be consulted (a) on all matters relating to appointments to the Service by direct recruitment, and (b) on all disciplinary matters affecting the members of the Service. (2) It shall be the duty of the Commission to advice on any manner referred to it under sub-Section (1). (3) It shall also be the duty of the Commission to conduct examinations, if necessary, for appointments to the Service or to any grade or category thereof. (4) The Commission shall include and embody, in its report presented under clause (2) of Article 320 of the Constitution, a report as to the work done by the Commission in relation to Service under this Section and such report shall be dealt with as provided in the said clause of the said Article.]
332. Rajasthan Municipal Administrative Service.
- [(1) Subject to the forgoing provisions of this Chapter and the rules made under Section 337 or any other provision of this Chapter, the State Government shall appoint-(i)one Commissioner for every Municipal Corporation;(ii)such number of Additional Commissioners or Deputy Commissioners for every Municipal Corporation as may be determined;(iii)one Commissioner for every Municipal Council;(iv)an Executive Officer for every Municipal Board;(v)a Secretary for every Municipal Corporation or Municipal Council which resolves to appoint a Secretary in addition to the Commissioner; and(vi)any other administrative officer by any name and designation as deemed necessary; and][(1-A) The State Government may, by notification in the Official Gazette, delegate such of the powers, functions or duties of the Commissioner of the Municipal Corporation to an Additional Commissioner or a Deputy Commissioner appointed under clause (ii) of sub-section (1), as it may think fit.] [Inserted by Act No. 13 of 2015, dated 22.4.2015.]333. Rajasthan Municipal Technical Service.
334. Determination of strength of the staff.
- Subject to any general or special directions issued by the State Government, a Municipality may, by resolution determine the number of sanitary inspectors, other inspectors, and accountants and ministerial establishment and other servants required for the Municipality.335. Subordinate and Ministerial Establishment and other Employees.
336. Transfer from one Municipality to another.
Chapter XVI
Rules, Regulations and Bye-Laws
337. Power of State Government to make rules and orders.
338. Power of State Government to make regulations.
339. Power of Municipality to make rules.
- Every Municipality shall make rules, not inconsistent with this Act or with the rules made by the State Government under Section 337. -340. Power of Municipality to make bye-laws.
341. Rules and bye-laws to be printed and sold.
- The rules and bye-laws for the time being in force shall be kept open for public inspection at the municipal office during office hours, and printed copies thereof shall be kept for sale at cost price or may be provided in electronic form on the web site, if any, of the Municipality.Chapter XVII
Miscellaneous
342. Offences by companies.
343. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as the occasion requires, but not later than two years from the date of commencement of this Act, by order, do anything, not inconsistent with the objects and purposes of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty.344. Repeal and Savings.
| Date of Notice | Date of Instrument | Name of vendor or assigner | Name of purchaser of assigner | Description of property | Dimensions of land | Boundaries | If instrument has been registered, the date of registration | Remarks | |||
| Amount of consideration | Of what it consists | situation | Number/Name of property | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| Date of notice | In whose name the property is at present entered in themunicipal registers | In whose name it is to be transferred | Description of property | Boundaries | Remarks | |||
| Of what it consist | Situation | Number/Name of property | Dimension of land | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Rs. | P | ||
| On account of the said tax | ….................. | ............ | …...... |
| For service of notice | …................... | …........ | …....... |