101. Alternation in the limits of a Panchayati Raj Institution.
(1)The State Government may, at any time, after one month's notice published in the prescribed manner either on its own motion or at the request made in this behalf, and by notification in the official Gazette-(a)declare the whole or a part of any local area included within the limits of a municipality to be a Panchayat Circle; or(b)include in a Panchayat Circle any such local area or a part there of or, as the case may be any local area included within the limits of another Panchayat circle; or(c)otherwise alter the limits of a Panchayat Circle by amalgamating one Panchayat Circle into another or by splitting up a Panchayat circle into two or more Panchayat Circles; or(d)exclude the whole or a part of any local area from a Panchayat Circle, whether on its ceasing to be a rural area or, as the case may be, for its being included within the limits of another Panchayat Circle.(2)Upon any action being taken under Sub-Section (1), the State Government shall, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette, make provision for the following, namely: -(a)that, in a case falling under Clause (a) of that Sub-section, a Panchayat shall be established for the local area declared to be a Panchayat Circle; or(b)that, in a case falling under Clause (b) of that Sub-section, the election of the members for the additional local area shall be held; or(c)that, in a case falling under Clause (c) of that sub-section the existing Panchayats shall stand dissolved and new Panchayats shall be constituted -in accordance with the provisions of this Act within a period of six months from the appointed day; or(d)that, in a case falling under Clause (d), the Panchayat shall stand dissolved or, as the case may be, the members who, in the opinion of the State Government, represent the local area excluded from the Panchayat Circle shall stand removed;Provided that for so long as a Panchayat or a new Panchayat is not established under Clause (a) or, as the case may be, under Clause (c), all power and duties of the Panchayat shall be exercised and performed by such administrator as the State Government may appoint in this behalf :Provided further that no act of a Panchayat shall be deemed invalid by reason of any vacancy of the members referred to in clause (b).(3)Upon the exclusion of any local of a municipality and its declaration as or, as the case may be inclusion in, a Panchayat Circle under Sub-Section (1), -(a)such area shall cease to be a municipality;(b)the members of the board representing the area of the municipality so declared or included in a Panchayat Circle shall vacate their respective offices but without prejudice to their eligibility for election to the Panchayat to be constituted for such area or, as the case may be, the Panchayat, in the area whereof, such area is included;(c)the whole of the assets vesting in, and of the liabilities subsisting against, the municipality so declared to be a Panchayat or, in case where only a part of a municipality is included in, or declared to be a Panchayat, such portion of the said assets and liabilities as the State Government may direct, shall devolve upon the Panchayat declared for such area or upon the Panchayat in which such area of the municipality is included;(d)until new rules, notification order and bye-laws are made or issued under this Act and unless the State Government otherwise directs, all rules, notifications, orders and bye-laws applicable :-(i)to the Panchayat in which such area is included; and(ii)where the whole or a part of a municipality is declared to be a Panchayat to the area of the Panchayat Samiti which shall, by reason of the concerned area falling in the block of such Panchayat Samiti, have jurisdiction on the area so declared to be a Panchayat,shall continue to apply to the area so included or declared;(e)the Panchayat so established by inclusion of any area of a municipality thereon or by the declaration of a municipality as a Panchayat shall levy or continue to less such of the taxes as are lawfully imposed under this Act;(f)any such area shall cease to be subject to all rules, notifications, order and bye-laws made under the Rajasthan Municipality Act, 1959 (Rajasthan Act 38 of 1959); and(g)the Panchayat in which such area is included or the Panchayat which is declared for such area and the Panchayat Saimiti and Zila Parishad respectively of the Block and District, in which the area so included or declared falls, shall exercise jurisdiction over such area and the municipality in which such area was included or, as the case may be, the municipality which was established for such area shall cease to function therein.(4)When any local area ceases to be a Panchayat and is included within the local limits of the jurisdiction of some other local authority, the Panchayat Fund and other property and rights vesting in the Panchayat shall vest in such other local authority and the liabilities of the Panchayat shall be the liabilities of such other local authority.(5)When any local area is excluded from a Panchayat Circle and included in another Panchayat Circle, such portion of the Panchayat Fund and other property vested in the Panchayat of the first mentioned Circle shall vest in, and such portion of the liabilities thereof shall be the liabilities of the other Panchayat as the State Government may, after consisting both the Panchayats, declare, by notification in the Official Gazette:Provided that the provisions of this Sub-section shall not apply in any case where the circumstances, in the opinion of the State Government, render undesirable the transfer of any portion of the Panchayat Fund or properties or liabilities.(5A)[ When it is considered necessary so to do, whether as a consequence of an action taken under Sub-Section (1) or otherwise, the State Government may alter the limits of a Panchayat Samiti or a Zila Parishad area and every such case of alteration the provisions contained in the foregoing sub-sections shall mutatis mutandis apply.][Inserted by Section 9 of the Rajasthan Panchayati Raj (Amendment) Act, 1994 (Act No. 23 of 1994), published in Rajasthan Gazettee Extraordinary, Part IV (A) dated 6.10.1994 as new Sub-Section (5A) after Sub-Section (5) of Section 101 (w.e.f. 26.7.1994)](6)The State Government may, for the purpose of the foregoing sub-sections, make such orders and give such directions as it may consider necessary.(7)Save as otherwise provided in this section its provisions shall have effect, notwithstanding anythings contained in this Act or the Rajasthan Municipalities Act, 1959 (Rajathan Act 38 of 1959) or any other law for the time being in force.Explanation. - In this section "appointed day" means the day from which a change referred to in Sub-Section (1), takes place.
