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RAJASTHAN MUNICIPALITIES AMENDMENT ACT, 1989

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S.1 Short title and commencement

       (1) This Act may be called the Rajasthan Municipalities (Amendment) Act, 1989.
(2) It shall be deemed to have come into force on the 12th day of October, 1989.


S.2 Amendment of Section 3, Rajasthan Act No. 38 of 1959

       In section 3 of the Rajasthan Municipalities Act, 1959 (Rajasthan Act No. 38 of 1959), hereinafter referred to as the principal Act,--
       (a) after clause (15), the following new clause shall be inserted, namely:--
       "(15-A) "municipal area" means the territorial area of a municipality;";
       (b) for the existing clause (16), the following shall be substituted, namely:--
       "(16) "municipality", that is to say, nagarpalika means an institution (by whatever name called) of self-government for the urban are as, in existence at the time of commencement of, or constituted in accordance with, the provisions of, the Act; and includes a nagar-panchayat;"; and
       (c) after clause (16), the following new clause shall be inserted

S.3 Amendment of Section 4, Rajasthan Act No. 38 of 1959

In sub-section (7) of section 4 of the principal Act, between the word "directions" and the words "and notices", the expression, "notifications" shall be inserted and shall always be deemed to have been inserted.


S.4 Validation

       (1) Notwithstanding any judgment, decree or order of any court or other authority to the contrary any octroi levied, charged or collected or purporting to have been levied, charged or collected before the commencement of this Act and any action taken or things done before such commencement in relation to such assessment, re-assessment, levy or collection under the provisions of the principal Act and the rules made thereunder shall he deemed to be as valid and effective as if such assessment, re-assessment, levy or collection or action or things had been made, taken or done under the principal Act as amended by this Act and the rules and bye-laws made thereunder and accordingly--
       (a) all acts, proceedings or things done or taken by any municipality or by the officers of such municipality or by any other authority in connection with the assessment, re-assessment, levy or collection o

S.5 Amendment of Section 5, Rajasthan Act No. 38 of 1959

       In section 5 of the principal Act,--
       (a) in sub-section (1), for the expression "may be declared a municipality,:", the expression "may be declared a municipality and classified as follows:--
       (i) for an area having a population of twenty thousand or more but not more than one lakh, a municipal board;
       (ii) for an area having a population of more than one lakh but not more than five lakhs, a municipal council; and
       (iii) for an area having a population of more than five lakhs, a municipal corporation."
       shall be substituted;
       (b) the existing proviso to sub-section (1) shall be deleted; and
       (c) after sub-section (2), the

S.6 Amendment of Section 9, Rajasthan Act No. 38 of 1959

       In section 9 of the principal Act,--
       (a) after sub-section (3), the following new sub-section shall be inserted, namely:--
       "(3-A) Subject to the minimum of one seat, as nearly as may be thirty per cent (including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes) of the total number of seats to be filled in by direct election in every board shall be reserved for women and allotted by rotation to different wards in a municipality"; and
(b) the existing sub-section (5) shall be deleted.


S.7 Amendment of Section 11, Rajasthan Act No. 38 of 1959

       In section 11 of the principal Act,--
       (a) in sub-section (1), for the words "three years", the words "five years" shall be substituted; and
(b) in the first proviso to sub-section (1), for the words "two years", the words "six months" shall be substituted.


S.8 Amendment of Section 14, Rajasthan Act No. 38 of 1959

       In sub-section (1) of section 14 of the principal Act, the word "and" as occurring in clause (b) shall be omitted, for the punctuation mark"." appearing in clause (c), the expression ''[ch]" shall be substituted and after clause (c), as so amended, the following new clause shall be inserted, namely:--
"(d) the wards for women candidates by rotation including women of Scheduled Castes/Scheduled Tribes.".


S.8(a) Amendment of Section 21, Rajasthan Act No. 38 of 1959

       In the explanation below sub-section (3) of section 21 of the principal Act, for the expression "1st day of April", the expression "1st day of January" and for the punctuation mark ".", the punctuation mark ":" shall be substituted and thereafter the following proviso shall be inserted, namely:--
"Provided that the qualifying date in relation to preparation or revision of the electoral roll under this part in the year 1989 shall be the 1st day of April.".


S.9 Amendment of Section 23, Rajasthan Act No. 38 of 1959

In the proviso to sub-section (1) of section 23 of the principal Act, for the words "two years", the words "six months" shall be substituted.


S.10 Amendment of Section 6-1, Rajasthan Act No. 38 of 1959

In section 64 of the principal Act, for the words "three years", the words "five years" shall be substituted.


S.11 Amendment of Section 65, Rajasthan Act No. 38 of 1959

In sub-section (12) of section 65 of the principal Act, after the words "may resign by" and before the words "giving a like notice", the word "personally" shall be inserted.


S.12 Amendment ox Section 73, Rajasthan Act No. 38 of 1959

In clause (iii) of sub-section (1) of section 73 of the principal Act, after the words "by the Council" and before the punctuation mark ",", the words including two from the women members" shall be inserted.


S.13 Amendment of Section 293, Rajasthan Act No. 38 of 1959

In the first proviso to section 293 of the principal Act, for the words "one year", the words "six months" shall be substituted.


S.14 Amendment of Section 293-A, Rajasthan Act No. 38 of 1959

In sub-section (1) of section 293-A of the principal Act, after the words "such appointment" and before the punctuation mark "." the expression "so, however, that the total period of appointment including that of extension shall not exceed six months" shall be inserted.


S.15 Amendment of Section 295, Rajasthan Act No. 38 of 1959

       In section 295 of the principal Act,--
       (a) sub-section (2) shall be deleted;
       (b) in sub-section (3), the expression "or extended under sub-section (2)" and the words "or of the extension of the period thereof" shall be deleted; and
       (c) in sub-section (5),--
       (i) in clause (b), the expression "or extended under sub-section (2)" shall be deleted; and
       (ii) for the existing clause (d), the following shall be substituted, namely:--
"(d) the board dissolved or superseded shall be reconstituted in the manner laid down in clause (b) of sub-section (4), within the period of six months and shall start functioning immediately.".


S.16 Amendment of section 314, Rajasthan Act No. 38 of 1959

       In sub-section (1) of section 314 of the principal Act, punctuation mark "." appearing at the end of the first proviso shall be substituted by the punctuation mark ";" and thereafter, the following new proviso shall be added, namely:--
"Provided further that at least two women members, residing within the notified area, shall be appointed by the State Government, in each case.".


S.17 Repeal and Savings

       (1) The Rajasthan Municipalities (Amendment) Ordinance, 1989 (Ordinance No. 9 of 1989) is hereby repealed.
(2) Notwithstanding such repeal, all things done, actions taken or orders made under the principal Act as amended by the said Ordinance shall be deemed to have been done, taken or made under the principal Act as amended by this Act.


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