RAJASTHAN MUNICIPALITIES ACT, 2009
(1) This Act may be called The Rajasthan Municipalities Act, 2009.
(2) It extends to the whole of the State of Rajasthan, excluding cantonment areas therein.
(3) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, appoint.
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1 Came in to force on 15-09-2009.
In this Act, unless the context otherwise requires,-
(i) "Auditor" means the auditor defined in the Rajasthan Local Funds Audit Act, 1954 (Act No. 28 of 1954);
(ii) "Backward Classes" mean such backward classes of citizens, other than the Scheduled Castes and the Scheduled Tribes, as may be notified by the State Government from time to time;
(iii) "balance sheet" means the balance sheet prepared under Section 92;
(iv) "bio-medical waste" means any waste that is generated during the diagnosis, treatment or immunization of human beings or animals, or in research activities pertaining thereto, or in the production or testing of biological materials and includes:-
(a) human anatomical waste;
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(1) The State Government may, by notification published in the Official Gazette, declare any local area not included within the limits of a Municipality to be a Municipality, or include any such area in a Municipality, or exclude any local area from a Municipality, or otherwise alter the limits of any Municipality and when:-
(a) any local area is declared as, or included in, a Municipality, or
(b) any local area is excluded from a Municipality, or
(c) the limits of a Municipality are otherwise altered, by amalgamation of one Municipality into another or by splitting up a Municipality into two or more Municipalities, or
(d) any local area ceases to be a Municipality, the State Government may, notwithstanding anything contained in this Act or any othe
(1) 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.
(2) While a notification under Sub-section (1) remains in force, the State Government may make rules consistent with the provisions of this Act in respect of any matter within the purview of such provisions from operation of which the Municipal Board is exempted.
The Rajasthan Municipalities Act, 2009, serves as a comprehensive framework for the governance of municipalities in the state of Rajasthan. Section 4 specifically addresses the power of exemption for municipal boards from certain provisions of the Act, allowing for flexibility in governance based on local needs.
Section 4 of the Rajasthan Municipalities Act, 2009, grants the State Government the authority to exempt a municipal board from the operation of any provisions of the Act that may be deemed unsuited to the local context. This exemption can be applied through a notification issued by the State Government.
The scope of Section 4 is significant as it allows for tailored governance in municipalities, enabling local authorities to operate more effectively in accordance with the unique challenges and needs of their communities. This flexibility is crucial for addressing local issues that may not be adequately covered by the general provisions of the Act.
Section 4 does not prescribe specific punishments or penalties. Instead, it focuses on the procedural aspect of exemption from certain provisions, leaving the enforcement and consequences of such exemptions to be determined by the relevant authorities.
This commentary highlights the significance of Section 4 within the Rajasthan Municipalities Act, 2009, emphasizing its role in promoting flexible and effective local governance while also noting potential challenges and considerations for its implementation.
(1) In every transitional area, there shall be established a Municipal Board and every such Municipal Board shall be a body corporate by the name of the Municipal Board of the place by reference to which the Municipality is known and shall have perpetual succession and a common seal and may sue or be sued in its corporate name.
(2) In every smaller urban area, there shall be established a Municipal Council and every such Municipal Council shall be a body corporate by the name of the Municipal Council of the city by reference to which the Municipality is known and shall have perpetual succession and a common seal and may sue and be sued in its corporate name.
(3) In every larger urban area, there shall be established a Municipal Corporation and every such Municipal Corporation shall be a body corporate by the name of the Municipal Corpora
(1) Subject to the provisions contained in the succeeding sub-sections, but save as provided in the following provisions of this sub-section, all seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies known as wards, the number of such seats, not being less than thirteen, being fixed by the State Government from time to time by notification in the Official Gazette:-
(a) the following shall represent in the Municipal Board, Municipal Council or, as the case may be, Municipal Corporation, viz:-
(i) the member of the Rajasthan Legislative Assembly representing a constituency which comprises wholly or partly the area, of a Municipality; and
(ii) three persons or ten percent of the number of elected members of the Municipality, whichever is
(1) Every Municipality unless sooner dissolved under the provisions of this Act, shall continue for five years from the date appointed for its first meeting and no longer.
(2) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under Sub-section (1).
Explanation.-For the purposes of this section, the expression "first meeting" means the meeting of the elected members of the Municipality held immediately after the general elections,
The Rajasthan Municipalities Act, 2009, serves as a comprehensive framework for the governance of municipalities in the state of Rajasthan. Section 7 specifically addresses the term of office for municipal bodies, establishing the duration and conditions under which municipalities operate.
Section 7 of the Rajasthan Municipalities Act, 2009, stipulates that every municipality shall continue for a term of five years from the date of its first meeting unless it is dissolved earlier under the provisions of the Act.
This section applies to all municipalities established under the Act, ensuring a structured timeline for governance and accountability. It sets a clear expectation for the duration of elected municipal bodies, thereby promoting stability in local governance.
While Section 7 itself does not prescribe specific punishments, the dissolution of a municipality can lead to administrative consequences and the potential for re-elections or reappointments as per the provisions of the Act.
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.
(1) For purposes of elections, a Municipality shall be divided into such number of wards as is equal to the total number of seats fixed for the Municipality under Sub-section (1) of Section 6.
(2) The representation of each ward shall be on the basis of the population of that ward and shall, as far as possible, be in the same proportion as the total number of seats for the Municipality bear to its papulation.
(1) The State Government shall by order determine:--
(a) the wards into which each Municipality shall, for the purpose of its elections, be divided;
(b) the extent of each ward;
(c) the number of seats, if any, reserved for members of the Scheduled Castes or, as the case may be, Scheduled Tribes and for women members of such castes and tribes and for members of the Backward Classes and women members thereof; and
(d) the number of wards for women candidates.
(2) The seats reserved for Scheduled Castes, or, as the case may be, for Scheduled Tribes and for the Backward Classes and for women may be allotted by rotation to different wards in such manner as may be prescribed.
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(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipality shall be vested in the State Election Commission.
(2) An election to constitute a Municipality shall be completed:-
(i) before the expiry of its duration specified in Section 7;
(ii) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.
(3) For the aforesaid purpose the State Government shall o
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.
(1) For every ward there shall be an electoral roll prepared, revised, modified, updated and published in the prescribed manner by an Electoral Registration Officer who shall be such officer of the State Government or a local authority as the State Election Commission may, in consultation with the State Government, designate or nominate in this behalf.
(2) The Electoral Registration Officer may, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for each ward.
(3) The State Election Commission may appoint one or more persons as Assistant Electoral Registration Officers to assist any Electoral Registration Officer in the performance of his functions.
(4) Every Assistant Electoral Registration Officer shall, subject
(1) A person shall be disqualified for registration in the electoral roll for the ward if he:-
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a competent Court; or
(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.
(2) The name of any person, who becomes so disqualified after registration, shall forthwith be struck off the electoral roll prepared under this Act:
Provided that the name of any person struck off the electoral roll of a ward by reason of a disqualification under Clause (c) of Sub-section (1) shall forthwith be re-entered in that roll, if such disqualification is, during the period such rol
If any person makes in connection with--
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall on conviction be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, or with both.
(1) There shall be a Chief Electoral Officer who shall be such officer of the State Government as the State Election Commission may, in consultation with the State Government, designate or nominate in this behalf.
(2) Subject to the superintendence, direction and control of the State Election Commission--
(a) the Chief Electoral Officer shall supervise the preparation, revision and correction of all electoral rolls in the State under this Act;
(b) shall supervise the conduct of all elections in the State under this Act; and
(c) shall exercise such other powers and functions as the State Election Commission may direct.
(1) For each district in the State, the State Election Commission shall, in consultation with the State Government, designate or nominate a District Election Officer who shall be an officer of the State Government:
Provided that the State Election Commission may designate or nominate more than one such officer for a district if the State Election Commission is satisfied that the functions of the office cannot be performed satisfactorily by one officer.
(2) Where more than one District Election Officers are designated or nominated for a district under the proviso to Sub-section (1), the State Election Commission shall in the order designating or nominating the District Election Officers also specify the area in respect of which each such officer shall exercise jurisdiction.
(3) Subject to the s
(1) Every local authority in the State shall, when so required by the Chief Electoral Officer, make available to any Electoral Registration Officer such Staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls.
(2) The authorities specified in Sub-section (3) shall, when so required by the Chief Electoral Officer, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election.
(3) The following shall be the authorities for the purposes of Sub-section (2), namely:--
(i) every local authority;
(ii) any other institution, concern or undertaking which is established by or under a State Act or which is controlled or financed wholly or substantially by fun
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.
(1) If any Electoral Registration Officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause guilty of any act or omission in breach of such official duty, he shall on conviction be punishable with imprisonment for a term which shall not be less than three months but which may extend to two years or with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees or with both.
(2) No suit or other legal proceedings shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.
(3) No Court shall take cognizance of any offence punishable under Subsection (1) unless there is a complaint made by ord
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 unless:-
(a) in the case of a seat reserved for the Scheduled Castes or Scheduled Tribes or the Backward Classes, such person is a member of any of these Castes or Tribes or Classes, as the case may be, and is an elector for any ward in the Municipality;
(b) in the case of a seat reserved for a woman, such person belongs to the female sex and is an elector for any ward in the Municipality;
(c) in the case of a seat reserved for a woman belonging to the Scheduled Castes or Scheduled Tribes or the Backward Classes, such person is a member of any of these castes or tribes or classes, as the case may be, and is an elector for any ward in the Municipality and belong
The Rajasthan Municipalities Act, 2009, serves as a legislative framework governing the functioning of municipalities in the state of Rajasthan. Section 21 specifically addresses the qualifications and disqualifications of candidates contesting municipal elections, ensuring that only eligible individuals can participate in the electoral process.
Section 21 outlines the criteria under which individuals may be disqualified from contesting elections for municipal seats. It establishes the legal grounds for disqualification, which may include criminal convictions, insolvency, or other specified conditions that undermine a candidate's suitability for public office.
The scope of Section 21 extends to all candidates seeking election to municipal bodies within Rajasthan. It aims to maintain the integrity of local governance by ensuring that only qualified individuals can hold public office.
Violations of the provisions outlined in Section 21 may lead to disqualification from contesting elections. Additionally, candidates found to have concealed disqualifying information may face legal repercussions, including potential criminal charges.
Disqualification - Section 21 provides a clear framework for disqualifying candidates based on specific criteria, ensuring that only eligible individuals can contest municipal elections. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Election Integrity - The provisions of Section 21 are designed to uphold the integrity of the electoral process by preventing individuals with serious legal issues from participating. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Legal Framework - The Act establishes a comprehensive legal framework that governs the qualifications and disqualifications of candidates, reflecting the principles of democratic governance. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Judicial Interpretation - Courts have upheld the provisions of Section 21, emphasizing the importance of adhering to the criteria set forth for maintaining electoral integrity. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Constitutional Compliance - The disqualification criteria in Section 21 align with constitutional mandates, ensuring that the electoral process is fair and just. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Public Trust - By enforcing disqualification criteria, Section 21 helps to foster public trust in local governance and the electoral process. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Amendments and Challenges - Amendments to Section 21, including the introduction of Section 21A, have faced legal challenges, highlighting ongoing debates about eligibility criteria. - [ "Rajasthan Municipalities Act, 2009 - Section 21A"]
Judicial Precedents - Judicial precedents have reinforced the application of Section 21, ensuring that disqualifications are applied consistently and fairly. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Electoral Transparency - The section contributes to electoral transparency by mandating disclosure of disqualifying factors, thereby informing voters about candidates' eligibility. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Impact on Candidates - Candidates must be aware of the disqualification criteria outlined in Section 21 to avoid legal pitfalls that could jeopardize their electoral ambitions. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Legal Recourse - Individuals disqualified under Section 21 may seek legal recourse to challenge their disqualification, emphasizing the importance of due process. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Public Participation - The section indirectly encourages public participation by ensuring that only qualified individuals represent the electorate, thereby enhancing democratic engagement. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Administrative Oversight - The enforcement of Section 21 requires effective administrative oversight to ensure compliance and address any violations promptly. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Legislative Intent - The legislative intent behind Section 21 is to create a robust framework for local governance that prioritizes accountability and transparency. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Voter Awareness - Voter awareness regarding the disqualification criteria can lead to more informed electoral choices, enhancing the democratic process. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Future Amendments - Future amendments to Section 21 may be necessary to adapt to changing societal norms and legal standards regarding candidate eligibility. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Comparative Analysis - A comparative analysis with other state municipal acts may provide insights into best practices for candidate disqualification criteria. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Legal Clarity - The clarity provided by Section 21 regarding disqualifications helps mitigate potential disputes during elections, promoting smoother electoral processes. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
Role of the Judiciary - The judiciary plays a crucial role in interpreting Section 21, ensuring that its application aligns with constitutional principles and democratic values. - [ "Rajasthan Municipalities Act, 2009 - Section 21"]
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 the 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 seats:
Provided that:--
(i) not more than two seats each from the seats reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes or women in a Municipality shall be determined under this section;
(ii) where number of seats reserved in a Municipality for any of the Scheduled Castes, Scheduled Tribes, Backward Classes or women is three or less than three, only one seat from such Caste
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.
(1) The State Election Commission may impose reasonable restrictions on the use of vehicles or loudspeakers or on displaying of cut outs, hoardings, posters and banners by any candidate or his duly authorized election agent during the period of election commencing from the date of publication of notification for election to a Municipality and ending on the date on which the whole process of election is completed.
(2) If any candidate or his duly authorized election agent contravenes any of the restrictions imposed by the State Election Commission under Sub-section (1), he shall, on conviction, be punishable with a fine which may extend to two thousand rupees.
(3) Every person punished under Sub-section (2) shall, by an order of the State Election Commission, be liable to be disqualified for being chosen as or for being a member of any Mu
A person, notwithstanding that he is otherwise qualified, shall be disqualified, for being chosen as or for being a member of a Municipality:-
(i) if he has been convicted of an offence involving moral turpitude or of any other offence by a competent Court of law "and senenced to imprisonment for six months or more, or
(ii) if he has been convicted of an offence under Section 245 of this Act, or
(iii) if he is under trial in the competent Court which has taken cognizance of the offence and framed the charges against him of any offence punishable with imprisonment for five years or more, or
(iv) if he has been convicted of an offence under the Prevention of Food Adulteration Act, 1954 (Central Act No. 37 of 1954), or
(1) Except as expressly provided by this Act, every one who is for the time being registered in the electoral roll of any ward, shall be entitled to vote in that ward.
(2) No person shall vote at an election in any ward, if he is subject to any of the disqualifications referred to in Section 14.
(3) No person shall at any election vote in more than one ward and if a person votes in more than one ward his votes in all the wards shall be void.
(4) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been registered in the electoral roll thereof more than once, and, if he does so vote, all his votes shall be void.
(5) No person shall vote at any election under this Act, if he is confined in a pris
(1) At every election, where a poll is taken, votes shall be given by ballot in such manner as may be prescribed and no votes shall be received by proxy.
(2) Every elector shall have one vote. If an elector gives votes to more than one candidate then, at the time of counting of the votes, all votes given by him shall be rejected as void.
(3) Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines, in such manner as may be prescribed, may be adopted in such ward or wards of any Municipality as the State Election Commission may, having regard to the circumstances of each case, specify.
Explanation.- For the purpose of Sub-section (3), 'voting machine' means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes
(1) A casual vacancy in the office of a member occurring otherwise than by efflux of time shall be filled, subject to the provisions of Sub-section (4), at a bye-election which shall be fixed to take place as soon as may be, in the manner as may be prescribed for a general election.
(2) A member elected at a bye-election shall hold office so long only as the member in whose place he is elected would have been entitled to hold the office, if the vacancy had not occurred.
(3) When a vacancy occurs by reason of death, resignation or removal of any elected member:--
(a) against a seat reserved in any ward for a member of the Scheduled Castes or, as the case may be, the Scheduled Tribes or the Backward Classes, such vacancy shall be filled in by a member of such caste or tribe or classes; and
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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:--
(a) references therein to an election were references to an election under this Act,
(b) references therein to a constituency were references to a ward,
(c) in Sections 125 and 127, for the expression "under this Act", the expression "under the Rajasthan Municipalities Act, 2009." and in Sections 134 and 136, for the expression "by or under this Act", the expression "by or under the Rajasthan Municipalities Act, 2009" were substituted, and
(d) in Sub-section (1) of Section 135B for the words "House of the people or the Legislative Assembly of a State", the words "wa
The following shall be deemed to be corrupt practices for the purposes of an election under this Act, namely: -
(i) bribery, that is to say, any gift, offer or promise by a candidate or his agent or by any other person of any gratification to any person whomsoever with the object, directly or indirectly, of inducing:-
(a) 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
(b) an elector to vote or refrain from voting at an election; or as a reward to:--
(i) a person for having so stood or not stood, or for having withdrawn his candidature or having retired from contest; or
(ii) an elector for having voted or refrained from voting.
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(1) No civil court shall have jurisdiction to entertain or adjudicate upon any question relating to the delimitation of wards, the allotment of seats to such wards, preparation of electoral rolls or conduct of election.
(2) No election to any Municipality shall be called in question except by an election petition presented in accordance with the provisions of this Act.
(1) The election of any person as a member of a Municipality may be questioned by an election petition filed within one month from the date of election before the District Judge having territorial jurisdiction over the municipal area on one or more of the following grounds, namely:--
(a) that on the date of election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act, or
(b) that any corrupt practice specified in Section 29 has been committed by a returned candidate or his election agent or by any other person, with the consent of a returned candidate or his election agent, or
(c) that any nomination has been improperly rejected, or
(d) that the result of the election, in so far as it concerns a
(1) An appeal shall lie to the High Court from every order made by the District Judge on the petition presented under Section 31.
(2) The High Court shall, subject to the provisions of this Act and the rules made thereunder, have the same powers, jurisdiction and authority, and follow the same procedure, with respect to an appeal under this section as if the appeal was an appeal from an original decree passed by a civil Court situated within the local limits of its civil appellate jurisdiction.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the order appealed from:
Provided that the High Court may entertain an appeal after the expiry of the ' said period of thirty days, if it is satisfied that the appellant had sufficient cause for not pr
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.
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.
(1) The following shall entail disqualifications for membership of a Municipality, namely: -
(a) electoral offences referred to in Section 28,
(b) corrupt practices specified in Section 29.
(2) The period of such disqualification shall be six years from the date of the finding of the District Judge as to such corrupt practice or from the date of conviction for such offence, as the case may be.
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.
(1) Every member shall, before entering upon his duties as such, make and subscribe before the Collector or his nominee for the purpose an oath or affirmation in the prescribed form.
(2) Any member who fails to comply with the provisions of Sub-section (1) within a period of one month from the date of the first meeting of the Municipality or in case of a member elected in a bye-election or a nominated member, from the date of his election or, as the case may be, his nomination, shall be deemed to have vacated his seat:
Provided that the period during which such member was in jail as an under trial prisoner or as a detenue or as a political prisoner shall not be taken into account.
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.
(1) The State Government may, subject to the provisions of Sub-sections (3) and (4), remove a member of a Municipality on any of the following grounds, namely:--
(a) that he has absented himself for more than three consecutive general meetings, without leave of the Municipality:
Provided that the period during which such member was in jail as an under trial prisoner or as a detenue or as a political prisoner shall not be taken into account,
(b) that he has failed to comply with the provisions of Section 37,
(c) that after his election he has incurred any of the disqualification mentioned in Section 14 or Section 24 or has ceased to fulfill the requirements of section 21,
(d) that he has--
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The Rajasthan Municipalities Act, 2009, governs the functioning and administration of municipalities in the state of Rajasthan. Section 39 specifically addresses the removal and suspension of members of municipalities, outlining the grounds and procedures for such actions.
Section 39 provides the State Government with the authority to remove or suspend a member of a municipality under specific circumstances, including misconduct or failure to perform duties. It also details the procedural requirements for initiating such actions.
The scope of Section 39 encompasses:- The authority of the State Government to act against elected members of municipalities.- The procedural safeguards that must be followed to ensure fairness in the removal or suspension process.- The implications of misconduct on the functioning of municipal governance.
The punishment under Section 39 involves suspension from office and potential removal from the municipality, depending on the findings of the inquiry into the allegations.
This commentary provides an overview of Section 39 of the Rajasthan Municipalities Act, 2009, highlighting its significance in regulating the conduct of elected municipal members and ensuring accountability within local governance.
(1) In respect of any allegations of the nature specified in Clause (d) of Sub-section (1) of Section 39 against any member or the Chairperson or Vice-Chairperson of a Municipality, the inquiry referred to in the proviso to the said sub-section, and in Sub-sections (3) and (4) of that section may be initiated against such member, Chairperson or Vice-Chairperson even after the expiry of the term of office of that Municipality or after he has ceased to be such member or Chairperson or Vice-Chairperson or, if already initiated before such expiry may be continued thereafter and in each such case except in the cases covered under Sub-section (3), the State Government shall, by order in writing, only record its findings in conformity with those of the Judicial Officer recorded under Sub-section (4) of Section 39.
(2) The provisions of Sub-section (6) of Section 39 shall apply to the find
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 reelection 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.
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 Legislativ
(1) 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.
(2) There shall be a Deputy Mayor for every Municipal Corporation, a Vice-President for a Municipal Council and a Vice-Chairman for every Municipal Board who shall be elected in the prescribed manner.
(3) The offices of Chairpersons of Municipalities shall be reserved for the Scheduled Castes, Scheduled Tribes and the Backward Classes as also for women in such manner as may be prescribed.
(4) The State Government shall allocate the offices of Chairpersons reserved under sub-section (3) to different Municipalities in the State and in allocating such offices regard shall be had to the following provisions, nam
(1) The election of a Chairperson or Vice-Chairperson under section 43 shall not be called in question except by an election petition presented to the District Judge having territorial jurisdiction, over the municipal area:
Provided that where an election petition is presented as aforesaid to a District Judge, he may, for the reasons to be recorded in writing, transfer the same for hearing and disposal to a Judge subordinate to him.
Explanation.-- The District Judge or any other Judge to whom an election petition is or transferred and by whom it is heard in accordance with the provisions of this section is hereinafter referred to as the Judge.
(2) Such petition may be presented by a candidate who has been defeated or whose nomination has been rejected in such manner, on such grounds and within
(1) It shall be the duty of every Municipality to make reasonable provision and proper arrangement for the following matters within the municipal area, namely:--
(a) public health, sanitation, conservation, solid waste management, drainage and sewerage, cleaning public streets, places and sewers, and all spaces, not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the Municipality or not, removing noxious vegetation and abating all public nuisances;
(b) removing filth, rubbish, night-soil, odour, or any other noxious or offensive matter from privies, latrines, urinals, cesspools or other common receptacles for such matter in or pertaining to a building or buildings;
(c) lighting public streets, places and buildings;
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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:--
(i) in the sphere of protection of environment--
(a) reclamation of waste lands, promotion of social forestry and maintenance of open spaces;
(b) establishment and maintenance of nurseries for plants, vegetables and trees and promotion of greenery through mass participation;
(c) organization of flower-shows and promotion of flower-growing as a civic culture; and
(d) promotion of measures for abat
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.
(1) It shall be the duty of the Chairperson of a Municipality--
(a) to convene regular meetings of the Municipality as provided in section 58;
(b) to preside unless prevented by reasonable cause, at all meetings of the Municipality and subject to the provisions of the rules for the time being in force under clause (xiii) of sub-section (2) of section 337, to regulate the conduct of business at such meetings;
(c) watch over the financial and executive municipal administration of the Municipality;
(d) to perform all the duties and exercise all the powers specifically imposed or conferred upon him under and in accordance with Act; and
(e) to perform such other executive functions as may be prescribed.
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(1) The Chief Municipal Officer shall be responsible for the custody and maintenance of all the records of the Municipality.
(2) Where any proceedings or resolution of a Municipality or of any of its committees or order of the Chairperson is inconsistent with the provisions of this Act and the rules made thereunder, it shall be the duty of the Chief Municipal Officer to tender advice to the Municipality, or committee or the Chairperson mentioning the relevant provisions of law to bring out the provisions of this Act or the rules made thereunder and record in the proceedings of the meeting of Municipality or committee or on the order of the Chairperson the fact that he had tendered such advice and thereupon put up a note of dissent on such proceedings, resolution, or as the case may be, the order and ensure the communication of the matter to the State Government or any officer autho
(1) Whenever--
(i) a Chairperson resigns or ceases to be such or is removed from or vacates the office of Chairperson, or is placed under suspension or his election as a member or Chairperson is declared to be void;
(ii) a Vice-Chairperson resigns or ceases to be such or is removed from, or vacates the office of Vice-Chairperson or is placed under suspension or his election as a member or Vice-Chairperson is declared to be void;
(iii) a member resigns or is removed or placed under suspension or his election is declared to be void;
(iv) a Municipality is dissolved or it otherwise becomes defunct, such Chairperson, Vice-Chairperson or member or the Chairperson, Vice-Chairperson and members of such Municipality, as the case may be, shall forthwith hand
Section 50 of the Rajasthan Municipalities Act, 2009, deals with the procedure for handing over charge when a Chairperson or other designated officer vacates their office. It is a crucial provision ensuring continuity of municipal administration and accountability during transitions.
Note: The analysis is based on the available sources, emphasizing the legal significance, scope, and enforcement aspects of Section 50 of the Rajasthan Municipalities Act, 2009.
(1) There shall be an ordinary general meeting of the Municipality once within sixty days and minimum six meetings in a calendar year and the business of the meeting shall be conducted in accordance with such procedure as may be prescribed.
(2) The Chairperson shall call a special meeting for a date not more than seven days from the date of receiving a request in writing signed by not less than one-third of elected members of the Municipality specifying the resolution, which is proposed to be moved.
(3) If the Chairperson fails to call a special meeting within the time specified under sub-section (2), the Chief Municipal Officer shall call such meeting within ten days from the date on which the time specified in sub-section (2) expires.
(1) Any member may call the attention of the proper authority to any neglect in the execution of a municipal work, to any wastage of municipal property or to the civic problems of any locality, and may suggest any improvement which he considers desirable.
(2) Every member shall have the right to put questions to the Chairperson and to move resolutions on matters connected with the administration of the Municipality, subject to the rules prescribed.
(3) Every member shall have the right to inspect, without payment of any fees, records of the Municipality at the municipal office, after giving due notice to the Chief Municipal Officer.
(1) Motion expressing no confidence in the Chairperson or the Vice-Chairperson shall be made and considered in the prescribed manner.
(2) No notice of motion under this section shall be made within one year of the assumption of office by a Chairperson or a Vice-Chairperson.
(3) If a motion under sub-section (1) is not carried, no notice of a subsequent motion expressing noconfidence in the same Chairperson or Vice-Chairperson shall be made until after the expiration of two years from the date of the meeting in which the motion was considered.
(1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial areas of the Municipalities having population of three lakh or more.
(2) Each Ward Committee shall consist of--
(a) the members of the Municipality representing the wards within the territorial areas of the Wards Committee; and
(b) such other members, not exceeding five who are not less than 25 years of age and who have special knowledge or experience in municipal administration to be nominated by the Municipality:
Provided that a person shall be disqualified for being nominated, and for being, a member of the Wards Committee, if under the provision of this Act or any other law for the time being in force, he would be disqualified for being elect
(1) In every Municipality there shall be an Executive Committee constituted and consisting of--
(i) the Chairperson of the Municipality;
(ii) the Vice-Chairperson of the Municipality;
(iii) the leader of the opposition;
(iv) in case of a Municipal Corporation or Municipal Council seven members elected by the Municipal Corporation or, as the case may be, Municipal Council, including two from the women members;
(v) in case of a Municipal Board, such number of members not exceeding five, as may be determined by the Municipal Board, elected by the Municipal Board; and
(vi) the Chairperson of the committees constituted by the Municipality under sub-section (3).
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The Rajasthan Municipalities Act, 2009, serves as a comprehensive framework for the governance of municipalities in Rajasthan. Section 55 specifically addresses the constitution of committees within municipalities, outlining the structure and powers of these committees.
Section 55 mandates the formation of an Executive Committee in every municipality, detailing its composition and the procedures for its establishment. It also provides for the creation of additional committees as necessary.
The scope of Section 55 extends to all municipalities in Rajasthan, providing a structured approach to local governance. It empowers the State Government to intervene if municipalities fail to act within the stipulated time frame.
While Section 55 itself does not explicitly outline punishments, it implies that failure to comply with its provisions may lead to disqualification from municipal roles, as indicated in related sections of the Act.
(1) Notwithstanding anything contained in this Act, it shall be lawful for the Municipality, from time to time, by a resolution supported by not less than one-half of the whole number of members, to appoint, as members of any committee under section 55, except the Executive Committee, any persons who are not members, but who may in the opinion of such Municipality possess special qualifications for serving on such committee:
Provided that the number of persons so appointed on any committee shall not exceed one-third of the total number of the members of such committee.
(2) All the provisions of this Act relating to the duties powers, liabilities, disqualification and disabilities of members shall be applicable, so far as may be, to such persons.
(1) The Chairperson of the Municipality, if a member of any committee, shall be ex-officio Chairman thereof.
(2) The Vice-Chairperson of the Municipality, if appointed as a member of any committee of which the Chairperson is not a member, shall be ex-officio Chairman thereof.
(3) The Municipality may appoint a member, as Chairman of any committee of which there is no ex-officio Chairman.
(4) Every committee, of which there is an ex-officio Chairman or a Chairman appointed by the Municipality, shall, at each meeting which such Chairman does not attend, appoint from amongst its members a Chairman of such meeting.
(5) Every committee, of which there is no ex-officio Chairman or Chairman appointed by the Municipality, shall appoint from time to time its own Chairman from amongst its own members
(1) The ordinary meetings of a committee of a Municipality shall be conducted within two months in accordance with such procedure as may be prescribed.
(2) If the Chairman of any committee has been absent from the Municipality for a period exceeding fifteen days, the Chairperson or Vice-Chairperson of the Municipality may, in his absence, call a meeting thereof.
(3) Committees may meet and adjourn as they think proper but the Chairman of a committee may, whenever he thinks fit, and shall, upon the written request of the Chairperson of the Municipality or of not less than two members of the committee, and for a date not more than two days after the presentation of such request, call a special meeting of such committee.
(4) No business shall be transacted at any meeting of the committee unless one-half of the members of the committee be
(1) Every committee including Wards Committee shall conform to any instructions that may from time to time be given to it by the Municipality. No committee can approve any scheme or expenditure from the municipal fund unless it has already been approved in the annual budget or supplementary budget passed by the Municipality. The, Municipality may, at any time, call for any extract from any proceedings of any committee, and any return, statement of accounts or report concerning or connected with any matter with which any committee has been authorized or directed to deal, and every such requisition shall without unreasonable delay, be complied with by the committee so called upon.
(2) Every resolution passed by a committee appointed under sections 54 and 55 shall be subject to revision by, and open to appeal to, the Municipality in accordance with rules that may be framed by the Municipality in this behalf.
The Ward Committee may discharge the following functions, namely:--
(a) assisting in solid waste management in the ward;
(b) assisting in supervision of sanitation work in the ward;
(c) assisting in the preparation and encouragement of the development scheme for the ward;
(d) encouraging harmony and unity among various groups of people in the ward;
(e) mobilizing voluntary labour and donation by way of goods or money for social welfare programmes;
(f) assisting in the implementation of development schemes relating to the ward;
(g) assisting in identifying beneficiaries for the implementation of development and welfar
(1) Any powers, duties or executive functions which may be exercised, discharged or performed by or on behalf of the Municipality may, subject to such restrictions, limitations and conditions as may be prescribed, be delegated to the committees under this Act, without prejudice to the powers, duties and functions prescribed under sections 55,157 or 158.
(2) When the office of a Chairperson becomes vacant and there is no Vice-Chairperson to take over, the Municipality shall at a meeting to be called in prescribed manner, delegate the powers, duties and executive functions of the Chairperson to such member of the Municipality as it thinks proper to be exercised by him till a Chairperson is elected in accordance with the rules in force:
Provided that when the office of a Chairperson reserved for Scheduled Castes, Scheduled Tribes, the Backward Classes or for women becomes vacant, t
(1) No disqualification of or defect in the election, nomination or appointment of any person acting as member, or as the Chairperson or presiding authority of a general meeting or a committee appointed under this Act shall be deemed to vitiate any act or proceeding of the Municipality or such committee, as the case may be, in which such person has taken part.
(2) Where a member or a Chairperson or a Vice-Chairperson is declared, as the result of an election petition, not to have been duly elected he shall cease to act as such from such date but acts done by him till then in the execution of his office shall not be invalidated by reason of such declaration.
(3) No resolution of a Municipality or any committee appointed under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any member; provided
(1) Except as herein otherwise provided, no Chairperson or Vice-Chairperson or member shall be personally liable in respect of any contract or agreement made, or for any expense incurred by or on behalf of the Municipality, and the municipal fund shall be liable for and be charged with all costs in respect of any such contract or agreement and all such expenses.
(2) Every Chairperson, Vice-Chairperson or member shall be liable for the misapplication of any money or other property owned by or vested in the Municipality to which he has been a party and for any loss or waste of such money or property which has been caused or facilitated by his misconduct. The Chairperson, the Vice-Chairperson, member, the Chief Municipal Officer or other officer or person to whom executive powers are conferred by or under this Act shall be liable for such loss, waste or misapplication, if it is a direct consequence of his neglect or has been
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 arty 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.
(1) Any member who knowingly acquires, directly or indirectly, any share or interest in any contract or employment with, under, by, or on behalf of a Municipality of which he is a member, not being a share or interest such as under section 24, it is permissible for a person to have without being thereby disqualified for being member, shall be liable, on conviction before a criminal court, to a fine which may extend to five thousand rupees.
(2) Any municipal officer or servant who knowingly acquires, directly or indirectly, any share or interest in any contract or, except in so far as concerns his own employment as municipal officer or servant, in any employment with, under, by or on behalf of a Municipality of which he is an officer or servant shall be liable, on conviction before a criminal court, to a fine which may extend to five thousand rupees and shall also be liable for disciplinary action in accordance with the rul
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).
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.
(1) All property of the nature hereinafter in this section specified and not being specially reserved by the State Government shall, subject to any other law for the time being in force, vest in and belong to the Municipality, and shall together with all other property of whatsoever nature or kind not being specially reserved by the State Government, which may become vested in the Municipality, be under its direction, management and control, and shall be held and applied by it as trustee subject to the provisions and for the purpose of this Act, that is to say-
(a) all vested public lands;
(b) all public city or town walls, gates, markets, slaughterhouses, manure, night-soil depots, and public building of every description which have been constructed or are maintained out of municipal fund;
(c
(1) The Municipality may, on such terms and conditions as may be approved by it and with the prior approval of the State Government, --
(i) acquire by agreement-
(a) any immovable property, and
(b) any easement affecting immovable property;
(ii) acquire any property by exchange; and
(iii) hire or take on lease immovable property.
(2) The Municipality may receive any grant or dedication by donor, whether in the form of any income or any movable or immovable property, by which the Municipality may be benefited in the discharge of any of its functions.
(3) It shall be lawful for the Municipality to be the beneficiary of any trust created under the Charitable an
The Rajasthan Municipalities Act, 2009, serves as a comprehensive framework for the governance of municipalities in the state of Rajasthan. Among its various provisions, Section 69 specifically addresses the acquisition of property by municipalities, outlining the mechanisms through which municipalities can acquire land and property for public purposes.
Section 69 of the Rajasthan Municipalities Act, 2009, empowers municipalities to acquire property through various means such as agreement, exchange, lease, or grant. This section provides the legal basis for municipalities to secure land necessary for urban development and public infrastructure.
The scope of Section 69 is broad, allowing municipalities to engage in property transactions that are essential for urban planning and development. This includes acquiring land for parks, roads, public buildings, and other civic amenities.
While Section 69 itself does not prescribe specific punishments, violations related to the misuse of this section or failure to adhere to its provisions may lead to penalties as outlined in other sections of the Act.
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.
(1) All lands which are deemed to have been placed at the disposal of a Municipality under section 90-B of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) upon resumption or surrender of tenancy rights and interest of Khatedars thereof, as the case may be, shall be available for allotment or regularization preferably to the persons having possession on the basis of the documents referred to in sub-section (1) of the said section 90-B or as the case may be to the person who surrendered the land under sub-section (3) of the said section 90-B, on such terms and conditions and after examining their eligibility for allotment and subject to payment to the Municipality of such charges or premium or both as the case may be, and at such rates as may be prescribed by the State Government in this behalf:
Provided that no allotment or regularization of any land shall be made which ha
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.
(1) Every Municipality shall be competent, subject to the prescribed restrictions and conditions to lease, sell, regularize, allot or otherwise transfer any movable or immovable property belonging to it, including municipal land as also any Government land and so far as is not inconsistent with the provisions and purposes of this Act and the rules made thereunder, to enter into and perform all such contracts as it may consider necessary or expedient in order to carry into effect the said provisions and purposes:
Provided that-
(i) no such lease, sale, regularization, allotment or transfer and contract shall be binding on a Municipality unless it is in conformity with the provisions of this Act and the rules made thereunder;
(ii) no lease, sale, regularization, allotment or transfer of, or any
(1) The Municipality shall maintain an inventory and a map of all immovable properties which vest in or belong to or are acquired by it. The copies of updated inventories and maps shall be deposited in the office of the Director of Local Bodies by each Municipality within one year from the commencement of this Act.
(2) The Chief Municipal Officer shall in case of the inventory of an immovable property, prepare an annual statement indicating the changes, if any, in the said inventory and shall place the same before the Municipality and also send a copy thereof to the Director of Local Bodies.
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.
(1) The State Finance Commission shall review the financial position of the Municipalities and make recommendations to the Governor as to:-
(a) the principles which should overn;
(i) the distribution, between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them and the allocation between the Municipalities at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities; and
(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;
(b) the measures needed to improve th
After taking into consideration the recommendations of the State Finance Commission, the State Government shall determine:-
(a) the devolution of net proceeds of the taxes, duties, tolls and fees to the Municipalities,
(b) the assignment of taxes, duties, tolls and fees to the Municipalities,
(c) the sanction of grants-in-aid to the Municipalities from the Consolidated Fund of the State, and
(d) the other measures required to improve the financial position of the Municipalities.
(1) The State Government may, from time to time, give grants or financial assistance to the Municipality with or without direction as to the manner in which such grants or financial assistance shall be applied.
(2) The State Government may, for giving such grants or assistance, lay down a scheme, which may include the conditions of release of such grants or assistance and may provide for the division of Municipalities into different classes for that purpose.
(3) The State Government may give grants to the Municipality for implementation, in full or in part, of any scheme included in the annual development plan of the Municipality.
(1) There shall be a fund to be called the Municipal Fund, which shall be held by the Municipality in trust for the purposes of this Act, and all moneys realized or realizable under this Act and all moneys otherwise received by the Municipality shall be credited thereto.
(2) Subject to such directions as the State Government may issue in this behalf, the receipts and expenditures of the Municipality shall be kept under such heads of accounts, including those for drainage and sewerage, solid waste management, road development and maintenance, slum services, projects and other account heads as may be prescribed and the general account head, in such manner, and in such form, as may be prescribed, so as to facilitate the imposition of user charges and preparation of any subsidy, report under this Act.
Explanation.-- For the purposes of this
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.
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:-
(a) refund of taxes and other moneys which are authorized by this Act,
(b) repayment of moneys belonging to contractors or other persons and held in deposit and all moneys collected by the Municipality or credited to the Municipal Fund by mistake,
(c) temporary payment for works urgently required by the State Government in the public interest,
(d) expens
(1) On a requisition, in writing, by the State Government, the Municipality may, at any time, require the Chief Municipal Officer to undertake the execution of any work certified by the State Government to be urgently required in the public interest and, for this purpose, to make payment for such work from the Municipal Fund in so far as such payment may be made without (sic) July interfering with the regular work of the Municipality.
(2) The cost of all work so executed, and the proportionate establishment charges for executing such work, shall be paid by the State Government and credited to the Municipal Fund.
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.
(1) Notwithstanding anything contained elsewhere in this Chapter, the State Government may, by order, require the Municipality to earmark a particular portion of the Municipal Fund or a particular grant or a part thereof, or any item of receipt under any head of account, or any percentage thereof, or any share of tax receivable by the Municipality other than taxes, duties and fines assigned to the Municipality under this Act or any part thereof, to be utilized exclusively for such purpose related to municipal functions as may be specified by the State Government, and it shall be the duty of the Municipality to act accordingly.
(2) The State Government may, for carrying out the purposes of sub-section (1), make rules for different classes of Municipalities.
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.
(1) Surplus moneys standing at the credit of any of the heads of accounts of the Municipal Fund which are not required, either immediately or at any early date, to be applied for the purposes of this Act by the Municipality may, in accordance with the rules made by the State Government, be transferred by the Municipality, either in whole or in part, to any other head of account of the Municipal Fund:
Provided that such surplus money standing at the credit of the Commercial Projects Account of the Municipal Fund shall not be transferred to the General Account of the Municipal Fund.
(2) Surplus moneys which are not transferred under sub-section (1) may be invested in public securities or small savings schemes, approved by the State Government, or deposited at interest with such scheduled bank as may be determined by the Municipality.
(3
(1) The Chief Municipal Officer shall prepare in each year, before fifteenth January, a budget estimate alongwith an establishment schedule of the Municipality for the ensuing financial year, and such budget estimate shall be an estimate of the actual income and expenditure of the Municipality. However, before submission to the Municipality for approval, the financial estimates shall be approved by the Finance Committee.
(2) Subject to the provisions of section 4 and sub-section (2) of section 79, the budget estimate shall separately state the income and the expenditure of the Municipality to be received and incurred in terms of the various heads of accounts:
Provided that without prior approval of the State Government, no proposal regarding:-
(i) creation of new posts or filling of vacant pos
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.
A Municipality may, from time to time, during the financial year-
(a) increase the amount of any budget grant under any head,
(b) make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year,
(c) transfer the amount of any budget grant or portion thereof under one head to the amount of budget grant under any other head, or
(d) reduce the amount of the budget grant under any head:
Provided that nothing shall be done under clause (a) or clause (b) or clause (c) or clause (d) without the recommendation of the Finance Committee.
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.
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.
(1) The Chief Municipal Officer shall, within three months of the close of a financial, year, cause to be prepared a financial statement containing an income and expenditure account and a receipts and payments account for the preceding financial year in respect of the accounts of the Municipality and a balance sheet of the assets and liabilities of the Municipality for the preceding financial year.
(2) The form of the financial statement and the balance sheet, and the manner in which the financial statement and the balance sheet shall be prepared, shall be such as may be prescribed.
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.
(1) The municipal accounts as contained in the financial statement and the balance sheet shall be examined and audited by the Auditors of Local Fund Audit in accordance with the provisions of the Rajasthan Local Fund Audit Act, 1954 (Act No. 28 of 1954).
(2) The Comptroller and Auditor General of India may, on the request of the State Government provide technical guidance for proper maintenance of accounts of Municipalities.
(3) The Chief Municipal Officer shall submit such further accounts to the Auditor, as may be required by him.
(4) The Auditor, or the officer subordinate to him, may report any item of accounts contrary to the provisions of this Act to the Finance Committee.
(5) The Finance Committee shall consider the report of the Auditor as e
(1) The Chief Municipal Officer shall place the audited financial statement, the balance sheet and the report of the Auditor and his comments before the Finance Committee which, after the examination thereof, shall place them before the Municipality with its comments, if any.
(2) The Chief Municipal Officer shall remedy any defect that has been pointed out by the Auditor in his report and place before the Municipality the reply of the objections and defects as pointed out by the Auditors.
(1) The Chief Municipal Officer shall, after adoption of the financial statement and the balance sheet and the report of the Auditor, if any, by the Municipality, forward the same to the State Government together with a report of the action taken thereon by the Municipality.
(2) If there is any difference of opinion between the Auditor and the Municipality or if the Municipality does not remedy the defects or the irregularities mentioned in the report of the Auditor within a reasonable period, the Auditor shall refer the matter to the State Government whose decision thereon shall be final and binding.
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.
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.
The State Government or the Municipality may provide for internal audit of the day-to-day accounts of the Municipality in the manner prescribed.
(1) As soon as may be after the first day of April in every year and not later than thirty day of June, the Municipality shall submit to the State Government a report on the administration during the preceding year in such form and with such details as the State Government may direct.
(2) The Chief Municipal Officer, shall prepare the report and place it before the Municipality for consideration and forward it to the State Government with the resolution of the Municipality thereon.
(3) The report may be published in such manner as the Municipality may direct.
The internal revenues of the Municipality shall consist of its receipts from the following sources, namely:-
(a) taxes levied by the Municipality,
(b) user charges levied by the Municipality for provision of civic services, and
(c) fees and fines levied for performance of regulatory and other statutory functions.
(1) Subject to the provisions of section 4, every Municipality may, and if so required by the State Government shall, levy, at such rate and from such date as the State Government in each case direct by notification in the Official Gazette and in such manner as is laid down in this Act and as may be provided in the rules made by the State Government in this behalf, the following taxes, namely:-
(a) tax on lands and buildings situated in the municipal limits, by unit area base method or by any other method;
(b) tax on professions, trades, callings and employment;
(c) toll on roads, bridges and ferries owned by, or built from the funds of, the Municipality;
(d) a tax for pollution control from the trade and industries which are the source of environme
(1) Subject to any general or special orders of the State Government in this behalf, a Municipality may impose and levy in the whole or any part of the Municipality for which it is established, all or any of the following taxes, namely:-
(i) a tax on vehicles plying within the Municipality;
(ii) a tax on boats moored within the Municipality;
(iii) a lighting tax;
(iv) a tax on congregations;
(v) tax on pilgrims and tourists;
(vi) a tax on land or building used for erecting hoardings or any other structures for advertisement;
(vii) fire tax;
(viii) a tax on deficit in parki
The Municipality may levy user charges for -
(i) provision of drainage and sewerage,
(ii) solid waste management,
(iii) parking of different types of vehicles in different areas and for different periods,
(iv) stacking of materials or rubbish on public streets for construction, alteration, repair or demolition work of any type, and
(v) any other civic service,
in such manner, and at such rates as may be determined by it from time to time with prior approval of the State Government:
Provided that the State Government may direct the Municipality to levy any of the user charges as aforesaid, which the Municipality has not levied or has postponed.
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 for:-
(a) sanction of building plans and issue of completion certificates,
(b) issue of municipal licences for various non-residential uses of lands and buildings,
(c) licensing of: --
(i) various categories of professionals such as plumbers and surveyors,
(ii) various activities such as sinking of tube-wells, sale of meat, fish or poultry, or hawking of articles,
(iii) sites used for advertisements or premises used for private markets, slaughterhouses, hospitals, nursing homes, clinics,
(1) The Municipality may levy such development charge as may be determined by bye-laws, from time to time-
(a) on any residential building with a height of more than fourteen meters, or any non-residential building, having regard to its location along a particular category of street, its use characteristics, and sanctioned built up area, and
(b) for development or redevelopment of any existing area, in accordance with any development plan or while approving any sub-division plan of that area.
(2) Any such development charge shall be paid in advance by the developer before commencing any activity on the approved plan or sub-division.
(3) In case of redevelopment of the area, the charges shall be payable by all the residents and beneficiaries of the d
(1) None of the taxes specified in sections 102 and 103 shall be leviable by a Municipality in respect of any property belonging to or vested in it.
(2) None of the taxes specified in clause (a) of sub-section (1) of section 102 and clauses (i) and (ii) of sub-section (1) of section 103 shall be leviable in respect of any lands, buildings, vehicles, conveyance and boats belonging to or vested in the Central Government or the State Government:
Provided that, so long as any such tax continues to be levied by the Municipality on like properties of other persons, nothing in this sub-section shall prevent the Municipality from levying that tax to which, immediately before the 26th day of January, 1950, any lands, buildings, vehicles, conveyances and boats of the Central Government were liable or treated as liable;
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A Municipality, before imposing a tax under section 103 shall observe the following preliminary procedure namely: -
(a) it shall, by resolution passed at a general meeting, select for the purpose one or other of the taxes specified in section 103, and prepare a draft of the rules prescribing the tax and shall in such rules specify-
(i) the classes of persons or of property or of both which the Municipality proposes to make liable, and any exemptions which it proposes to nuke,
(ii) the amount or rate at which the Municipality proposes to assess each such person or class of persons,
(iii) in the case of a rate on buildings or lands or both, the basis for each class of the valuation on which such rate is to be imposed, and
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(1) After the passing of the special resolution referred to in section 108 the Municipality shall notify in the Official Gazette the imposition of the tax from the appointed date.
(2) A notification of the imposition of a tax under sub-section (1) shall be conclusive proof that the tax has been imposed in accordance with the provisions of this Act:
Provided that-
(a) a tax leviable by the year-
(i) shall not come into force except on one of the following dates viz., the first day of April, the first day of July, the first day of October, or the first day of January in the official year in which such notice is published, and
(ii) if it comes into force on any day other than the first April, it shall be lev
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.
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.
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.
(1) For assessing municipal tax the State Government may appoint Assessors who shall assess tax in such form and in such manner as may be laid down in rules made by the State Government in that behalf.
(2) The Assessors may be assigned any other functions by general or special orders of the State Government.
(1) On the requisition of the Assessor, the owner or occupier of any building or land or both referred to in sub-section (1) of section 102 shall, within such reasonable period as shall be specified in the requisition be bound-
(i) to furnish a return in such form, as may be prescribed; and
(ii) to give such information as may be requisite for determining the person from whom the tax is primarily leviable under section 120.
(2) If such owner or occupier fails or refuses to comply with the requisition within the period specified therein, then without prejudice to any other action that may be taken against him under any other provision of this Act, the Assessor shall, after making such inquiry as he considers necessary, assess the tax payable on such building or land or both to the best of his judgment.
(1) When a building is built or enlarged, the owner shall give notice thereof to the Municipality within one month from the date of completion of such building, rebuilding or enlargement, or from the date of the occupation of such building, whichever date happens first.
(2) If any person fails to give the notice required by sub-section (1), the Municipality may impose upon him such penalty not exceeding five hundred rupees or ten times the amount of the tax payable on the said building or enlargement for period of three months, whichever is greater, as the Municipality may think fit.
(1) Whenever the title of any person primarily liable for the payment of a tax imposed on a building or land or both, is transferred, the person whose title is so transferred and the person to whom the same shall be transferred shall give notice of such transfer in writing to the Municipality.
(2) In the event of the death of any person primarily liable as aforesaid the person to whom the title of the deceased is transferred as heir or otherwise shall give notice of such transfer to the Municipality.
(1) The notice to be given under the last preceding section shall be in the form either of the Second schedule or the Third schedule, as the case may be, and shall state clearly and correctly all the particulars required by the said form.
(2) On receipt of any such notice, the Municipality may, if it thinks necessary, require the production of the instrument of transfer, if any or of a copy thereof.
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.
(1) Every person primarily liable for the payment of the tax imposed on a building or land or both, who transfers his title thereto without giving notice of such transfer to the Municipality as aforesaid, shall continue to be liable for the payment of all taxes from time to time payable in respect thereof until he gives such notice, or until the transfer shall have been recorded in the register of the Municipality.
(2) Nothing in this section shall be held to diminished the liability of the transferee for the said tax or to affect the prior claim of the Municipality on the premises conferred by section 140, for the recovery of the tax due thereupon.
(1) Every tax imposed on the buildings or lands or both shall be leviable primarily from the actual occupier of the property issessed to such tax, if he is the owner of the building or land or both, or holds them on a building or other lease from the State Government or from' the Municipality, or on a building lease from any person. -
(2) Subject to the provisions contained in sub-section (1), the tax shall be primarily leviable as follows namely:-
(a) if the property is let, from the lessor;
(b) if the property is sub-let, from the superior lessor;
(c) if the property is not let, from the person in whom the right to let the same vests:
Provided that on failure to recover any sum due on account of such ta
The Rajasthan Municipalities Act, 2009, serves as a comprehensive framework for the governance of municipalities in the state of Rajasthan. Among its various provisions, Section 120 specifically addresses the imposition of taxes on buildings and lands, establishing the primary liability for tax payment.
Section 120 mandates that every tax imposed on buildings or lands is primarily leviable from the actual occupier of the property assessed to such tax. This provision ensures that the responsibility for tax payment lies with those who are currently utilizing the property.
The scope of Section 120 extends to all municipalities within the state of Rajasthan, excluding cantonment areas. It applies to various types of properties, including residential, commercial, and industrial.
While the section itself does not specify punishments, related provisions in the Act may impose penalties for non-compliance with tax obligations.
An appeal against an assessment, or any 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 to the Collector or such other officer as may be empowered by the State Government in this behalf.
No such appeal shall be heard and determined unless-
(a) the appeal is, in the case of tax assessed on buildings or lands or both, brought within thirty days next after the date of communication of the order (exclusive of the time requisite for obtaining a copy thereof) and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment of or alteration of assessment or, if no notice has been given, within thirty days next after the date of the first demand under the assessment or alteration of assessment; and
(b) the amount claimed from the applicant has been deposited by him in the municipal office:
Provided that the appellate authority may, for reasons to be recorded in writing and on such terms and conditions as it may impose, entertain an appeal without deposit of the amount mentio
(1) In every appeal the costs shall be in the discretion of the officer deciding the appeal.
(2) Costs awarded under this section to the Municipality shall be recoverable by the Municipality in the manner provided in this Chapter.
(3) If the Municipality fails to pay costs awarded to an appellant within thirty days after the date of the communication to the Municipality of the order for payment thereof, the officer awarding the costs may order the person having the custody of the balance of the municipal fund to pay the amount.
(1) No objection shall be taken to a valuation or assessment nor shall the liability of a person to be assessed or taxed be questioned in any other manner or by any other authority than is provided in this Act.
(2) The order of the appellate authority confirming, setting aside or modifying an order in respect of valuation or assessment or liability to assessment or taxation shall be final:
Provided that it shall be lawful for the appellate authority, upon application or on its own motion, to review any order passed by it in appeal by a further order passed within three months from the date of the original order.
(1) No assessment list or other list, notice, bill or other such document specifying or purporting to specify, with reference to any tax, charge, rent or fee, any person, property, thing or circumstance shall be invalid by reason only of a mistake in the name, residence, place of business or occupation of the person or in the description of the property, thing or circumstance, or by reason of any mere clerical error or defect of form, and it shall be sufficient that the person, property, thing or circumstance is described sufficiently for the purpose of identification, and it shall not be necessary to name the owner or occupier of any property liable in respect of a tax.
(2) The levey of taxes shall not be deemed to be the title of the property.
(1) The Municipality, the Chief Municipal Officer, the Assessor or any other officer authorized by the Municipality in this behalf, may by written communication, call upon a inhabitant of the Municipality to furnish such information as may be necessary in order to ascertain,-
(a) whether such inhabitant is liable to pay tax imposed under this Act;
(b) at the amount at which he should be assessed;
(c) the name and address of the owner.
(2) If an inhabitant so called upon to furnish information omits to furnish it or furnishes information which is untrue, he shall be liable upon conviction to a fine, which may extend to one thousand rupees.
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.
When any amount-
(a) which, by or under any provision of this Act, is declared to be recoverable in the manner provided by this Chapter, or
(b) which is due to the Municipality on account of rent in respect of any building or land vested in it, the Municipality shall with least practicable delay cause to be presented to the persons liable for the payment thereof a bill for the sum claimed as due.
Every such bill shall specify-
(a) the period for which, and
(b) the property occupation, circumstance or thing in respect of which, the sum is claimed, and shall also give notice of-
(i) the liability to be incurred in default of payment, and (ii) the time within which an appeal may be preferred as provided in this Act.
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.
(1) If the person on whom a notice of demand has been served under section 130 does not, within fifteen days from the service of such notice of demand, either,-
(a) pay the sum demanded in the notice, or
(b) show cause to the satisfaction of the Municipality, or of such officer as the Municipality by rule may appoint in this behalf, or of the Chief Municipal Officer, if any, why he should not pay the same, or
(c) prefer an appeal in accordance with the provisions of section 121 against the demand,
such sum with all costs of the recovery may be levied by attachment and sale of any property of the defaulter and in case of attachment of movable property, the warrant shall be caused to be issued by the Chief Municipal Office in the form of the Fifth Sch
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.
(1) It shall be lawful for any such officer to attach wherever it may be found, any movable or immovable property of the person named in the warrant issued under section 131 as defaulter, subject to the provisions of the following sub-sections.
(2) The following property shall not be attached namely:-
(i) the necessary wearing apparel and bedding of the defaulter, his wife and children,
(ii) his cooking utensils,
(iii) the tools of artisans, and
(iv) when the defaulter is an agriculturist, his implements of husbandry, seed grain, and such cattle's as may be necessary to enable the defaulter to earn his livelihood.
(3) The attachment of movable property shall no
(1) When the property seized is subject to speedy and natural decay or when the expense of keeping it in custody together with the amount to be recovered is likely to exceed its value, the Chief Municipal Officer, shall at once give notice to the person in whose possession the property was, when attached, to the effect that it will be sold at once, and shall sell it accordingly unless the amount named in the warrant be forthwith paid or a security equal to that amount be furnished.
(2) If property is not sold at once under sub-section (1), the attached property or a sufficient portion thereof may, unless the sum due by the defaulter together with all costs incidental to the notice, warrant, attachment and detention of the property is paid, be sold by public auction under the orders of Chief Municipal Officer in the manner prescribed by the State Government and the proceeds or such
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.
(1) If the Municipality shall at any time have reason to believe that any person, from whom any sum recoverable under the provisions of this Chapter is due or is about to become due, is about to remove himself from the municipal area, Chief Municipal Officer may cause a bill for the sum due or about to become due to be presented to such person and demand immediate payment thereof.
(2) If, on presentation of such bill, the said person does not forthwith pay the sum due or about to become due by him, the amount shall be leviable by attachment and sale of the movable or immovable property of the defaulter in the manner herein before prescribed, except that it shall not be necessary to serve on the defaulter any notice of demand and the warrant for attachment and sale may be issued and executed without any delay.
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.
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.
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.
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, due 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.
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.
(1) The Municipality may, from time to time, raise, by a resolution in this behalf passed at a meeting of the Municipality, a loan within the limits set by the comprehensive debt limitation policy framed under section 141, any sum of money which may be required for the purpose of--
(a) construction of works under this Act, or
(b) acquisition of lands and buildings for the purposes of this Act, or,
(c) paying off any debt due to the State Government, or
(d) repayment of a loan raised under this Act, or
(e) acquisition of a public utility concern which renders such services as the Municipality is authorized to render under this Act, or
(f) purchase of vehicles, a
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.
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.
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.
Section 145 of the Rajasthan Municipalities Act, 2009, establishes the framework for the creation of a Sinking Fund by municipal authorities to ensure the repayment of loans raised for municipal development projects. This section plays a crucial role in fiscal management and financial discipline within municipalities.
Section 145 mandates that each municipality shall establish a Sinking Fund for the repayment of loans obtained under Section 142. The municipality is required to contribute annually a sufficient amount into this fund to ensure timely repayment within the stipulated period. The section also specifies the purpose of the fund and the manner of its operation.
Section 145 applies to all municipalities within Rajasthan that have raised loans under Section 142. It covers the financial management aspect related to municipal borrowing and ensures systematic repayment through the establishment of the Sinking Fund. The section emphasizes financial accountability and transparency.
While the section primarily deals with the establishment and operation of the Sinking Fund, the act mentions that failure to comply or misuse of the fund may attract penalties, including dismissal or disqualification, as per other provisions of the Act .
This concise legal commentary synthesizes the provisions, scope, and implications of Section 145 of the Rajasthan Municipalities Act, 2009, based on available sources.
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.
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.
(1) All moneys paid into a Sinking Fund shall, as soon as possible, be invested by the Municipality in-
(a) Government securities, or
(b) securities guaranteed by the Central Government or any State Government, or
(c) such other public securities as may be approved by the State Government, and shall be held by the Municipality for the purpose of repaying, from time to time, the loans raised by.
(2) All sums received in respect of any investment under sub-section (1) shall, as soon as possible, after their receipt, be paid into the Sinking Fund and shall be invested in the manner laid down in that sub-section.
(3) Moneys standing at the credit of two or more Sinking Funds may, at the discretion of the Muni
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.
(1) The Chief Municipal Officer shall, at the end of every year, prepare and submit to the Municipality, an annual statement showing-
(a) the amount which has been paid into the Sinking Fund or Sinking Funds during the year under section 145,
(b) the date of the last investment made during the year,
(c) the aggregate amount of the securities in the hand of the Municipality at the end of the year, and
(d) the aggregate amount which has been applied for the purpose of repayment of the loan under section 149.
(2) A copy of every such annual statement shall be submitted to the State Government by the Chief Municipal Officer.
(1) All Sinking Funds established under this Act shall be subject to annual examination by the Auditor who shall ascertain whether the cash and the value of securities belonging to such Sinking Funds are equal to the amount which should be at the credit of such Sinking Funds, had the investment under section 148 been regularly made and had the interest accruing from such investments been regularly obtained.
(2) The amount which should be at the credit of a Sinking Fund shall be calculated on the basis of the sums paid into such Sinking Fund under section 145.
(3) The value of securities belonging to a Sinking Fund shall be the current value of such securities, unless such securities become due for redemption at par with, or above/their face value before maturity in which case their current value shall be taken as their redemption value.<
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.
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, --
(a) promote the undertaking of any project for supply of urban infrastructure or services by participation of a company, firm, society, trust or any body corporate or any institution, or government agency or any agency under any other law for the time being in force, in financing, construction, maintenance and operation of such project of a Municipality irrespective of its cost,
(b) consider and approve the undertaking of any project relating to urban infrastructure or services by a company, or firm, or society, or
(1) Private sector participation agreements shall be such as may be prescribed.
(2) Without prejudice to the generality of the foregoing provisions of this section, such agreements include the following:
(a) Build-Own-Operate-Transfer Agreement,
(b) Build and Transfer Agreement,
(c) Build-Lease-Transfer Agreement,
(d) Build-Operate-Transfer Agreement,
(e) Lease and Management Agreement,
(f) Management Agreement,
(g) Rehabilitate-Operate-Transfer Agreement,
(h) Rehabilitate-Own-Operate-Transfer-Agreement,
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In the discharge of its obligations assigned under section 47, the Municipality may, wherever considered appropriate in the public interest,-
(a) discharge any of its obligations on its own, or
(b) enter into any private sector participation agreement with prior approval of the State Government, on such terms and conditions as may be provided in the agreement.
(1) Every Municipality shall prepare a City Development Plan for such periodicity, and containing such Chapters, material and schemes, as may be prescribed by the rules framed by the Government in this behalf. The City Development Plan shall be prepared in consultation with the District Collector and other district level officials of the following departments of the Government, namely:-
(i) Public Works Department;
(ii) Public Health Engineering Department;
(iii) Irrigation Department;
(iv) Medical and Health Department;
(v) Education Department;
(vi) Local Self Government Department;
(vii) Planning Department;
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(1) There shall be constituted in every Metropolitan Area having population of 10 Lakh or more a Metropolitan Planning Committee, hereinafter in this section referred to as "the Committee", to prepare a draft development plan for the Metropolitan Area as a whole. This plan shall be known as the "Metropolitan Region Development Plan".
(2) The Committee shall consist of such number of members as may be fixed by the State Government from time to time by notification in the Official Gazette.
(3) In so fixing the total number of members of the Committee, the State Government shall specify the number respectively of the nominated members and elected members:
Provided that not less than two thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Munic
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.
(1) Subject to the provisions of any other law for the time being in force, the Municipality, with a view to securing planned and integrated development, of the city and balanced use of the land, shall carry out a detailed survey of the city and prepare a Master Development Plan and other statutory plans. The Municipality shall, for this purpose, co-ordinate with the Metropolitan Planning Committee or the District Planning Committee, as the case may be, and also Chief Town Planner of the State. The plans mentioned herein shall be prepared with the following time perspective, namely:-
(i) Master Development Plan - for a 20 year period;
(ii) Execution Plan - for a 5 year period; and
(iii) Annual Municipal Action Plan - for a 1 year period.
(2) In addi
(1) Before preparing any Plan finally the Municipality shall prepare a Plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be determined by bye-laws inviting objections and suggestions from any person with respect to the draft Plan before such date as may be specified in the notice.
(2) The Municipality may, if it considers appropriate, constitute an Advisory Committee consisting of the following to consider the draft plan before it is given a final shape: -
(i) All members of the Municipality;
(ii) Representatives of associations of industry, commerce and trade and professions;
(iii) Six representatives from academic institutions located in the city;
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Immediately after a Plan has been sanctioned by the Municipality, 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.
(1) At any time after a Plan has come into operation according to provisions of section 161, the Municipality may, with the prior approval of the State Government, make any modification to the Plan as it thinks fit, the modifications, which in its opinion, do not affect material alterations in the character of the Plan and which do not relate to the extent of land uses or the standards of population density.
(2) Before making any modification to the Plan, the Municipality shall publish a notice, inviting objections before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Municipality.
(3) Every modification made under the provisions of this section shall be published and the modification shall come into operation either on the date of publication or on such date as t
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.
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.
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.
(1) As soon as may be after a plan comes into operation as provided in section 161, the Municipality may, with the approval of the State Government and by notification in the Official Gazette, declare any area in the city to be a development area for the purposes of this Act.
(2) On or after the date on which notification under sub-section (1) is published in the Official Gazette, no person shall institute or change the use of any land or carry out any development of land without the permission in writing of the Municipality:
Provided that, no such permission shall be necessary-
(i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance ther
(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or changes the use of any land-
(a) without permission required under this Act; or
(b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted; or
(c) after the permission for development has been duly revoked; or
(d) in contravention of any permission which has been duly modified,
shall, on conviction, be punished with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during whi
(1) Where any development of land has been carried out as indicated in sub-section (1) of section 167, the Municipality may, subject to the provisions of this section, serve on the owner a notice requiring him, within such period being not exceeding one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice-
(a) in cases specified in clause (a) or (c) of sub-section (1) of section 167 to restore the land to its condition existing before the said development took place; and
(b) in cases specified in clause (b) or (d) of sub-section (1) of section 167 to secure compliance with the conditions or with the permission as modified:
Provided that, where the notice requires the discontinuance of any use of land the Municipality shall ser
(1) Where any development of land as indicated in sub-section (1) of section 167 is being carried out but has not been completed, the Municipality may serve on the owner and the person carrying out the development, a notice requiring the development of land to be discontinued from the time of the service of the notice, and thereupon, the provisions of sub-sections (3), (4), (5) and (6) of section 168 shall, so far as may be applicable, apply in relation to such notice, as they apply in relation to notice under section 168.
(2) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such notice has been served shall, on conviction, be punished with fine which may extend to five thousand rupees, and when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees f
(1) Notwithstanding anything hereinbefore contained in this Chapter, where any person has carried out any development of a temporary nature unauthorizedly as indicated in sub-section (1) of section 167, the Municipality may, by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, in an unauthorized manner as aforesaid, within fifteen days of the receipt of the order; and if thereafter, the person does not comply with the order within the said period, the Municipality or any officer authorized by it in this behalf may get such work summarily removed or get such use summarily discontinued without any notice as directed in the order; and any unauthorized development made again shall similarly be summarily removed or discontinued without making any order as aforesaid:
Provided that standing crops shall not be summarily rem
(1) Every person who intends to sub-divide his land or his plot or make or lay out a private street on such land or plot on or after the date of the operation of plan under section 161 shall submit the intended layout plan for such purpose together with such particulars and such fees, as may be determined by bye-laws or by Government orders, to the Municipality for sanction.
(2) The Municipality may, within the period specified in the bye-laws, sanction such plan either without modifications or subject to such modifications or conditions as it considers expedient or may refuse to give sanction, if the Municipality is of opinion that such division or laying out of street is not in any way consistent with the proposals of the plan.
(3) No compensation shall be payable for the refusal of a sanction or for the imposition of modifications or
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.
(1) Subject to the provisions of this Act or any other law for the time being in force, the Municipality for the purpose of implementing the proposals in any plan or otherwise, may make such projects and schemes for the integrated development of the city or any part thereof, as may be considered necessary.
(2) A project or scheme may make provisions for all or any of the following matters, namely:-
(a) acquisition, development, reservation and sale or leasing of land for purpose of public utilities such as roads, streets, open spaces, parks, gardens, recreation and play grounds/hospitals, dispensaries, educational institutions, green-belts, dairies, housing development, development of markets, shopping centers, commercial complexes, cultural centers, administrative centers, transport facilities and public purposes of all kinds;
(1) The Municipality may, by resolution, declare its intention to prepare a project or scheme as provided in section 173 in any development area.
(2) Not later than thirty days from the date of such declaration of intention to make such project or scheme, the Municipality shall publish the declaration in the Official Gazette and in such other manner as may be determined by bye-laws.
(3) Not later than one year from the date of publication of the declaration under sub-section (2) the Municipality shall prepare a project or scheme in draft form and publish it in such form and manner as may be determined by bye-laws together with a notice inviting objections and suggestions from any person with respect to the said draft project or scheme before such date as may be specified therein, such date being not earlier than thirty days from the date
Where the Chief Municipal Officer upon information in his possession is satisfied in respect of any area-
(a) that the buildings in any area are by reasons of disrepair or unsanitary conditions unfit for human habitation or are by reason of their bad arrangements or the narrowness or bad arrangement of the street or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area, and
(b) that the most satisfactory method of dealing with the conditions in the area is the re-arrangement and re-construction of the streets and buildings in accordance with re-development schemes, he may frame a redevelopment scheme in respect of the area. Such a scheme shall fulfil all the requirements in the case of a regular scheme as provided in sections 173 and 174.
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.
(1) On or after the date on which a draft scheme is published under Section 174, no person shall, within the area included in the project or scheme, institute or change the use of any land or building or carry out any development, unless such person has applied for and obtained the necessary permission for doing so from the Municipality in accordance with the bye-laws made in this behalf:
Provided that it shall be lawful for any person to undertake such development within the village abadi limits in accordance with the permission granted by the Gram Panchayat so far as such permission is consistent with such draft scheme or scheme.
(2) The provisions of section 166 to 172 shall be applicable mutatis mutandis for the project or scheme approved under sub-section (4) of section 174.
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.
(1) The Municipality, after making such inquiry as it may deem fit, may, if it is of the opinion that it is necessary or expedient so to do, by notification published in the Official Gazette, declare that the project or scheme approved under sub-section (4) of section 174, is withdrawn and upon such declaration, no further proceedings shall be taken in regard to such project or scheme.
(2) If the Municipality, after approval of any project or scheme under sub-section (4) of section 174, at any time, considers it necessary to make certain modifications therein, which in its opinion do not effect material alteration in the character of the project and scheme, may make suitable modifications.
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.
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.
(1) No person shall use or permit the use of any land situated in any municipal area, for the purpose other than that for which such land was originally allotted or sold to any person by the State Government, any Municipality, any other local authority or any other body or authority in accordance with any law for the time being in force or, otherwise than as specified under a Master Plan, wherever it is in operation.
(2) In the case of any land not allotted or sold as aforesaid and not covered under sub-section (1), no person shall use or permit the use of any such land situated in a municipal area for the purpose other than that for which such land was being used on or before the commencement of this Act.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the State Government or any authority authorized by it
(1) Every Municipality shall prescribe a line on either side or both sides of a public street within the Municipality and may from time to time prescribe a fresh line in substitution of any line so prescribed or of any part thereof if the Municipality thinks the prescribing of such fresh line to be necessary for the purpose of widening such public street or any part thereof:
Provided that-
(a) atleast one month previous to prescribing such line or fresh line, as the case may be, the Municipality shall put up special notice of the same in the street or part of the street for which such line or fresh line is proposed to be prescribed and shall also give notice thereof to the owners for occupiers of the land affected by such alignment;
(b) the Municipality shall consider any written objection or
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 be notified by the State Government for the purposes of this section, the State Government may, by rules, provide for the following, namely: -
(a) the sanction by the Municipality of specific rights of way in the sub-soil of public and private streets in any municipal area for different public utilities including electric supply, telephone or other telecommunication facilities, gas pipes, water-supply, drainage and sewerage, and underground rail system, pedestrian sub-ways, shopping plazas, warehousing facilities and apparatus and appurtenances related thereto, provided by the State Government, or any statutory body or any licencee under any of the above mentioned Acts or other laws;
&n
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.
(1) If any national highway, state highway, or a street is vested in the Central Government or the State Government, as the case may be,-
(a) the Municipality shall not, in respect of such national highway, state highway, or street, grant permission to do any act, the doing of which without its permission, in writing, would contravene the provisions of this Act, except with the sanction of the Central Government or the State Government, as the case may be; and
(b) if so required by Central Government or the State Government, the Municipality shall exercise the powers conferred upon it by this Act or any bye-laws relating to such street.
(2) In the case of roads vested in the State Government, and passing through the municipal area, the Municipality shall have control over such roads in so far as permission for temporary occupation the
(1) The Chief Municipal Officer may grant a permission, in writing, for temporary erection of a booth, pandal, or any other structure on any public place on occasions of ceremonies and festivals, on payment of such fee, and on such conditions, as may be determined by the Municipality by bye-laws, and for such period as may be mentioned in the letter of permission:
Provided that no permission shall be given under this section without consultation with the Police officer Incharge of traffic in the municipal area.
(2) The person to whom such permission is granted shall fill in the ground and reinstate the same to the satisfaction of the Chief Municipal Officer within such period as may be mentioned in the letter of permission.
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 --
(a) cause the same to be fenced and guarded;
(b) take proper precaution against accident affecting public street or adjoining buildings;
(c) prohibit, without his written permission, the deposit of any building material or the setting up of any scaffolding or any temporary erection on any public street;
(d) close any street wholly or partly to traffic;
(e) provide for necessary diversion of traffic, wherever necessary;
(f) ensure the reinst
(1) No person shall without the written permission of the Municipality or otherwise than in accordance with such conditions as may therein be prescribed, make a hole in any street or erect or deposit thereon any timber, stone, brick, earth or other material that has been or is intended to be used for buildings and such permission shall be terminable at the discretion of the Municipality and, when such permission is granted to any person, he shall, at his own expense, cause such materials or such hole to be sufficiently fenced and enclosed until the material is removed or the hole is filled up or otherwise made secure to the satisfaction of the Municipality and shall cause the same to be sufficiently lit during the night.
(2) Whoever contravenes any of the provisions of sub-section (1) shall be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees and with a further
(1) The Municipality shall ensure, within a reasonable time, and subject to the availability of resources, that all public streets of such width as may be prescribed have raised footpaths adjoining such public streets.
(2) Notwithstanding the existing situation, the Buildings Permission and Works Committee shall specify different minimum widths for footpaths so as to be not less than one and a half meters on each side in any case:
Provided that more than one minimum width may be specified for the footpath abutting each category of Public Street so as to provide for different requirements owing to different abutting land uses:
Provided further that while prescribing or revising any regular line of a public street, it shall be stipulated that the specification of minimum width for footpaths shal
(1) The Municipality may require any building intended to be erected at the corner of two streets to be rounded off or played off to such height and to such extent or otherwise as it may determine, and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity.
(2) For any land so acquired, the Municipality shall pay compensation.
(3) In determining such compensation, allowance shall be made for any benefit accruing to the said building from the improvement of the streets.
(1) If any part of a building projects beyond the regular line of a public street as prescribed under section 183, the Municipality may,-
(a) if the projecting part thereof is a verandah, step or some other structure external to the main building, then at any time; or
(b) if the projecting part is not such external structure as aforesaid then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burned down or has fallen down, require by written notice either that the part or some portion of the part projecting beyond the said regular line, shall be removed or that such building, when being re-built, shall be set back to or towards the said regular line and the portion of land added to the street by such setting back or removal shall thenceforth be deemed part of the
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.
(1) Within the limits of a Municipality, any person intending,-
(a) to erect a new building; or
(b) to re-erect or to make a material addition in a building; or
(c) to erect or re-erect any projecting portion of a building; or
(d) to make or enlarge any kind of well or boring, Shall submit an application in the prescribed form to the Municipality alongwith the documents required under sub-section (2) before starting the construction.
Explanation.-The term "material addition" means any changes in existing set backs, coverage, height, land use and parking areas wherever such parking areas are mandatory under the law.
(2) (a) The application as mentioned in sub-se
(1) It shall be responsibility of the builder or the developer together with the owners of the units of the complex, to set up a resident's association, as soon as the complex is ready for occupancy, for the maintenance of the complex. The other responsibilities of the builder shall be --
(i) to disclose the details of common facilities, including parking spaces for owners and residents, at the time of applying for permission for construction;
(ii) to constitute a corpus fund for maintenance of the complex and handover the same to the association, as soon as it becomes operational;
(iii) to hand over security, common facilities provided in the building and their maintenance to the association, as soon as it becomes operational; and
(iv) to hand over
(1) Each person or agency raising a construction, within the municipal area shall, before starting any construction, display the following particulars relating to the proposed construction in a prominent place on the building site, unless specified otherwise, on a display board made by any sturdy material, excluding card board or plain paper, of the size of 4x4 feet, unless otherwise specified by the Municipality:-
(i) name of the person or agency, including address and telephone number, if any, raising construction;
(ii) particulars of the building site, including the name, address and telephone number, if any, of the owner;
(iii) number and date of permission, if required, obtained from the Municipality or any other Authority or Urban Improvement Trust;
(1) Every person, intending to build or take down any building or to alter or repair the outward part of any building in such a position or in such circumstances that the work is likely to cause or may cause obstruction, danger or inconvenience in any street, shall, before beginning such work-
(a) first obtain a license in writing from the Municipality to do so, and
(b) cause sufficient hoarding or fences to be put up in order to separate the building where such works are being carried on from the street and shall maintain such hoarding or fence standing and in good condition to the satisfaction of the Municipality during such time as the public safety or convenience requires and shall cause the same to be sufficiently lighted during the night and shall remove the same when directed by the Municipality.
(2) Whoever contravenes any of
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 unless-
(i) all relevant records including plans, specifications and designs of such amenities are submitted to the Municipality; and
(ii) the Municipality is satisfied that such amenities are developed or constructed in accordance with the provisions of any law for the time being in force in this behalf:
Provided that if the Municipality, on examination of the records submitted to it, or on inspection of the amenities, finds that such deficiencies are there in the construction or operation of the amenities, which can be improved, it may require the authori
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.
(1) All sewers, drains, privies, water closets, house-gullies and cess-pools within the Municipality shall be under the survey and control of the Municipality.
(2) All covered sewers and drains and all cess-pools, whether public or private, shall be provided by the Municipality or other person to whom they severally belong with proper traps or other coverings or means of ventilation, and the Municipality may by written notice call upon the owner of any such covered sewers, drains or cess-pools to make provision accordingly.
(1) In order to carry out any drainage scheme, it shall be lawful for a Municipality to carry any drain, sewer, conduit, tunnel, culvert, pipe or water-course through, across or under any street, or any place laid out as or intended for a street, or under any cellar or vault which may be under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the Municipality.
(2) The Municipality or any officer appointed by it for such purpose may enter upon and construct any new drain in the place of an existing drain in any land wherein any drain vested in the Municipality has been already constructed, or may repair or alter any drain vested in the Municipality.
(3) In the exercise of any power under this section no unnecessary damage shall be done, and compensation, which shall, in case of dispute be ascerta
(1) It shall not be lawful to construct any building, or to reconstruct any building, or to occupy any building newly constructed, or to be reconstructed unless and until-
(a) a drain be constructed of such size, materials and description, at such level and with such fall as shall appear to the Municipality to be necessary for the effectual drainage of such buildings;
(b) there have been provided for and set up in such building and in the land appurtenant thereto all such appliances and fittings as may appear to the Municipality to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said building and the said land and of effectually flushing the drain of the said building and every fixture connected therewith.
(2) The drain to be construc
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.
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 un-polluted 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.
(1) If the owner or occupier of any building or land proves to the satisfaction of the Municipality that he cannot connect the same with any municipal drain otherwise than by means of a drain to be constructed through land, belonging to or occupied by or in the use of some other person, the Municipality, after giving to such other person a reasonable opportunity of stating any objection to such application, may, if no objection is raised or if any objection which is raised is in its opinion insufficient, by an order in writing, authorize the owner or occupier first mentioned to carry his drain into, through or under the said land or into the said drain, as the case may be, in such manner and on such conditions as to the payment of rent or compensation and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the said drain, as may appear to it to be adequate and equit
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 shall-
(a) cause the work to be executed with the least practicable delay,
(b) fill in, reinstate and make good at his own cost and with the least practicable delay the ground or any portion of any building or other construction opened, broken up or removed for the purpose of executing the said work, and
(c) pay compensation to any person who sustains damage by the execution of the said work.
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.
(1) In case the Municipality shall be of opinion, that any privy or cess-pool or additional privies or cess-pools, should be provided in or on any building or land, or, in any Municipality in which a water-closet system has been introduced, that water-closets should be substituted for the existing privies in or on any building or land, or that additional water-closets should be provided therein or thereon the Municipality may by written notice call upon the owner of such building or land to provide such privies, cess-pools, or water-closets as the Municipality may deem proper.
(2) The Municipality may by written notice require any person or persons employing workmen or labourers exceeding twenty in number, or owning or managing any market, school or theatre or other place of public resort, to provide such latrines and urinals as the Municipality may direct and to cause the same to
(1) The Municipality may give notice to an owner, occupier or controller of commercial complexes, schools, private hospitals, hotels, restaurants, rest houses, bazaars, community centers, marriage halls, cinema halls, auditoria, clubs, entertainment centers, amusement parks and other like private places to erect sufficient latrines and urinals for the facility of users of such places as the municipal authorities may think proper. It shall also be lawful for the Chief Municipal Officer, to direct the management of such places to maintain and keep such latrines and urinals clean and odourless. The Chief Municipal Officer should also direct the management of such places to maintain latrines and urinals for ladies separately.
(2) The Chief Municipal Officer or any other Officer authorized by him shall visit, from time to time, such latrines/ urinals to ensure that necessary steps are b
(1) All sewers, drains, privies, water-closets, house-gullies and cess-pools within the Municipality shall, unless constructed at the cost of the Municipality, be altered, repaired and kept in proper order at the cost and charges of the owner of the land or building to which the same belong, or for the use of which they are constructed or continued and the Municipality may by written notice require such owner to alter, repair and put the sam(sic) good order in such manner as it thinks fit.
(2) The Municipality may by written notice require the owner to demolish or close any privy or cess-pool, whether constructed before or after the coming into operation of this Act, which, in the opinion of the Municipality, is a nuisance or is so constructed as to be incapable of being properly cleaned or kept in good order.
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.
The Municipality may by written notice require that any sewer, drain, privy, water-closet, house-gully or cess-pool on any land within municipal limits constructed or rebuilt or unstopped-
(a) either without the consent or contrary to the orders, directions, general bye-laws or bye-laws of the Municipality, or contrary to the provisions of any enactment in force at the time when it was so constructed, rebuilt or unstopped, and
(b) after such land became a part of a Municipality,
shall be demolished, amended or altered, as it may deem fit, by the person by whom it was so constructed, rebuilt or unstopped and every person so constructing, rebuilding or unstopping any such sewer, drain, privy, water-closet, house-gully or cess-pool whether he does or does not receive such notice, or does or does not comply therewith, shall in addition to
(1) Whoever, without the written consent of the Municipality first obtained, makes or causes to be made any drain into or out from any of the sewers or drains vested in the Municipality shall be punished with fine which may extend to one thousand rupees, and the Municipality may by written notice require such person to demolish, alter, remake or otherwise deal with such drain as it may think fit.
(2) No building shall be newly constructed or reconstructed over any sewer, drain, culvert or gutter vested in the Municipality without the written consent of the Municipality, and the Municipality may by written notice require the person who may have constructed or reconstructed such building to pull down or otherwise deal with the same as it may think fit.
(1) The Cheif Municipal Officer or any other officer authorized by him for such purpose may, subject to the provisions of this Act, inspect any sewer, drain, privy, water-closet, house-gully or cess-pool and for that purpose, at any time between sunrise and sunset, enter upon any lands or buildings with assistants and workmen and cause the ground to be opened where he or it may think fit, doing as little damage as may be.
(2) The expense of such inspection and of causing the ground to be closed and made good as before shall be borne by the Municipality unless the sewer, drain, privy, water-closet, house-gully, or cess-pool is found to be in bad order or condition or was constructed in contravention of the provisions of any enactment or of any bye-laws of the Municipality in force at the time, in which case such expenses alongwith administrative and supervision charges at the rate of ten percent of the total expenses shall
(1) The Municipality may, if it thinks fit, cause any work of the nature to which this Chapter applies to, be executed by a municipal or other agency under its own orders, without first of all giving the person by whom the same would otherwise have to be executed the option of doing the same.
(2) The expenses of any work so done alongwith the administrative and supervision charges at the rate of ten percent of the total expenses, shall be paid by the person aforesaid, unless the Municipality shall, by a general or special order or resolution, sanction, as it is hereby empowered to sanction, the execution of such work at the charge of the municipal fund.
(3) Any pipes, fittings, receptacles, or other appliances, for or connected with the drainage of private buildings or lands shall, if supplied, constructed or erected at the expense of the Municipality, be deemed to be municipal
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.
Subject to the provisions of this Act and the bye-laws made thereunder and of 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.
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 -
(i) any trade premises are without sufficient means of effectual drainage and treatment of trade effluent; or
(ii) the drains thereof, though otherwise not objectionable, are not adapted to the general drainage system of the municipal area; or
(iii) the effluent is not of specified purity, the Chief Municipal Officer may, by notice, in writing, require the owner or the occupier of such premises-
(a) to discharge the trade effluent in such manner, at such times, through such drains, and subject to such conditions, as may be specified in the notice, and to cease to discharge
(1) Without the permission of the Chief Municipal Officer, no building, wall, fence or other structure shall be erected, and no railway or private street shall be constructed, on any municipal drain constructed or maintained by, or vested in, the Municipality.
(2) If any building, wall, fence or other structure is erected, or any railway or private street is constructed, on any drain or waterworks without the permission as aforesaid, the Chief Municipal Officer may remove, or otherwise deal with, such erection or construction in such manner as he may think fit.
(3) The expenses incurred by the Chief Municipal Officer for carrying out the purposes of sub-section (2) shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, by the railway administration or the person responsible, and shall be recoverable as an arrea
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.
(1) If it appears to the Chief Municipal Officer that the only or the most convenient means of drainage of, any premises is by placing or carrying any pipe or drain over, under/along or across the immovable property of another person, the Chief Municipal Officer may, by order in writing, authorize the owner of such premises to place or carry such pipe or drain over, under, along or across such immovable property:
Provided that before making any such order, the Chief Municipal Officer shall give to the owner of the immovable property a reasonable opportunity of showing cause, within such time as may be specified by him by order in writing, as to why the order should not be made:
Provided further that the owner of the premises shall not acquire any right, other than the right of a user, in such immovable property over, under, along or acro
(1) When, under the provisions of this Act, any person is required, or is liable, to execute any work in relation to drainage and sewerage within the municipal area, the Chief Municipal Officer may, in accordance with the provisions of this Act and the bye-laws made thereunder, cause such work to be executed after giving such person an opportunity of executing such work within such time as may be specified by him for this purpose.
(2) The expenses incurred or likely to be incurred by the Chief Municipal Officer in the execution of any such work shall be payable by such person, and the expenses incurred by the Chief Municipal Officer in connection with the maintenance of such work or enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities and conveniences.
(3) The expenses referred to in sub-section
(1) The Municipality may grant licence to any person possessing such technical qualifications or experience as may be determined by bye-laws to act as a licenced plumber.
(2) No person, other than a licenced plumber, shall execute any work described in this Chapter, and no person shall permit any such work to be executed except by a licenced plumber:
Provided that if, in the opinion of the Chief Municipal Officer, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licenced plumber.
(3) The Municipality shall, by bye-laws, provide for-
(a) the terms and conditions of engagement of such licenced plumbers;
(b) their duties and responsib
(1) No person shall-
(a) wilfully obstruct any person acting under the authority of the Chief Municipal Officer in setting out the lines of any works, or pull up or remove any pillar, post or shaft fixed in the ground for the purpose of setting out lines of such works, or deface or destroy any works made for such purpose, or
(b) wilfully or negligently break, damage, turn on, open, close, shut off, or otherwise interfere with, any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Municipality, or
(c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from, any waterworks belonging to the Municipality or any water-course by which any such waterworks is supplied, or
(d) unlawfully obstruct the flow o
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.
(1) Subject to the provisions of section 4, the Municipality shall, within the Municipal area, be responsible for implementation 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 municipal solid wastes and for development of an infrastructure for collection, storage, transportation, processing and disposal of such solid wastes.
(2) Subject to the provisions of section 4, the Municipality shall, either on its own or through any other agency authorized by it in this behalf,-
(a) organize collection of municipal solid wastes through any of the methods, like community bin collection (central bin), house-to house collection, and collection on regular pre-informed times and schedules,
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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,
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.
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, except-
(i) in conformity with the provisions of any State law relating to development planning and land use control or any other law relating thereto for the time being in force, or
(ii) in the absence of any such law, with the approval of the State Government:
Provided further that the solid wastes shall not be finally disposed of in any manner which the State Government may think fit to disallow.
It shall be the duty of the owners and the occupiers of all lands and buildings in the municipal area-
(a) to have the premises swept and cleaned on a regular basis,
(b) to provide for separate receptacles or disposal bags for the storage of-
(i) Organic and bio-degradable wastes,
(ii) Recyclable or non-bio-degradable wastes, and
(iii) Domestic hazardous wastes,
so as to ensure that these different types of wastes do not get mixed,
(c) to keep such receptacles in good condition and order, and
(d) to cause all such wastes, including rubbish, offensive matter, filth, trade refuse, carcasses of dead animals, bio-medi
It shall be the duty of the managements of co-operative housing societies, apartment owners' associations, residential and non-residential 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.
No person and no owner or occupier of any land or building shall-
(a) litter or deposit at any public place any solid waste,
(b) deposit building rubbish in or along any public street, public place or open land,
(c) allow any filthy matter to flow on public places, or
(d) deposit or otherwise dispose of the carcass or any part of any dead animal at a place not provided or appointed for such purpose.
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.
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.
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.
(1) The Municipality may having regard to the volume of traffic and public convenience, give written permission to the owners or occupiers of buildings in public streets to put up open verandahs, balconies or rooms to project from any upper storey thereof in accordance with the provisions of the bye-laws made in this behalf.
(2) Any such owner or occupier putting up any such projection as aforesaid without such permission or in contravention of such orders shall be punished with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees and, if any such owner or occupier fails to remove any such projection as aforesaid in respect of which he has been convicted under this section, he shall be punished with further fine which shall not be less than fifty rupees but which may extend to one hundred rupees for each day on which such failure or neg
(1) The Municipality may, by written notice require the owner of every building in any street to put up and keep in good condition proper troughs and pipes for catching and carrying the water from the roof and other parts of such building, and for discharging the same in such manner as it may think fit so that it shall not fall upon persons passing along the street or cause damage to the street.
(2) Where any owner or occupier of the building fails to comply with the requirements envisaged in the notice under sub-section (1) and thereby contravenes the provisions thereof, he shall, on conviction, be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees.
(1) In every building owned or occupied by the Government or a statutory body or a company or an institution owned or controlled by the Government, rain water harvesting structure shall be provided by the Government or by such statutory body or company or institution, as the case may be, in such manner and within such time as may be prescribed.
(2) Every owner or occupier of a building other than that referred to in sub-section (1) shall provide rain water harvesting structure in the building in such manner and within such period as may be prescribed in the bye-laws or otherwise.
Explanation.- Where a building is owned or occupied by more than one person, every such person shall be liable under this sub-section.
(3) Without prejudice to any action that may be taken under the provisions of this
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.
(1) The Municipality may from time to time put up or paint on a conspicuous part of any building at or near each end, corner or entrance to every street and public place the name by which such street or public place is to be known:
Provided that it shall be lawful for the State Government to issue directions to the Municipality for naming of any street, colony, Mohala, Market, Bazar, bridge, flyover, garden or any other public place or way by specific name and such directions shall be binding on the Municipality.
(2) The Municipality may from time to time fix number plate in a conspicuous place on the main entrance of outer side of the building and the cost of the plate shall be borne by the house owner.
(3) Any person who destroys, pulls down or defaces any such name or number plate or puts any name or number different from that put
(1) No statue in any street or public place shall be allowed or permitted to be installed without the prior approval of the State Government or any authority authorized by it.
(2) Any person who destroys, pulls down or defaces any statue installed or erected within the limits of Municipality in accordance with sub-section (1) or any person or authority who installs a statue without the prior approval of the State Government or in contravention of the conditions prescribed by it, shall, on conviction, be punished with simple imprisonment for a term which shall not be less than two months but which may extend to six months and with fine which shall not be less than twenty five thousand rupees but which may extend to fifty thousand rupees.
(1) The Municipality may, by written notice, require the owner or occupier of any land to trim or prune the hedges thereof bordering any public street so that the said hedges may not exceed such height from the level of the street and such width as the Municipality may direct and to cut down, lop or trim all trees or shrubs which in any way overhang, endanger or obstruct, or which it deems likely to overhang, endanger or obstruct any public street or to cause damage thereto, or which so overhang any public tank, well or other provision for water supply as to pollute, or to be likely to pollute, the water thereof.
(2) If the owner or occupier fails to comply with the notice issued to him under sub-section (1) within the period specified in the notice, the Municipality may cause to trim or prune such hedges and recover the cost of trimming and pruning in the same manner in which municipal dues are recovered.
(1) If any building or anything affixed thereon be deemed by the Municipality to be in a ruinous state or to be likely to fall or to be in any other way dangerous to any inhabitant of such building or of any neighbouring building, or to any occupier thereof or to passengers, the Municipality shall immediately, if it appears to it to be necessary, cause a proper hoarding or fence to be put up for the protection of passengers. All expenses incurred by the Municipality under this sub-section shall be paid by the owner or occupier of such building and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under this Act:
Provided always that if the danger be not of hourly imminence, it shall be at the discretion of the Municipality, instead of itself causing a hoarding or fence to be put up, to issue in the first instance a notice in writing to t
(1) Whoever displaces, damages, takes up or makes any alteration in or otherwise interferes with the pavement, gutter, storm water drain, flags or other materials of any public street, or the fences, walls or posts thereof, or any municipal lamp, lamp post bracket, water-post, direction post, hydrant, water pipe or any other municipal property therein, thereon or thereunder, without the written consent of the Municipality or other lawful authority shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and shall also be liable to pay the Municipality the amount of actual damage and ten percent thereof as administrative charges.
(2) Any person who, having displaced, damaged, taken up or made alteration in or otherwise interfered with any such pavement, gutter, storm water drain, flags or other materials or the fences, walls, post, municipal lamps, lampposts,
(1) Whoever makes any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Municipality or not, except steps over drain in any public street shall on conviction be punished with simple imprisonment which shall not be less than three months but which may extend to three years and with fine which shall not be less than thirty thousand rupees but which may extend to fifty thousand rupees:
Provided that the court may for any adequate or special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than three months.
(2) Whoever makes even temporary obstruction without prior permission of the Municipality in any land or space not being private property, whether such land or space belongs to or vests in the Municipality or not, except steps ov
Section 245 of the Rajasthan Municipalities Act, 2009, addresses the issue of unauthorized encroachment and obstruction on public land or spaces not classified as private property. It empowers municipal authorities to take action against such encroachments to maintain public order and land use.
Section 245 stipulates that any person who makes encroachment or obstruction on land or space not being private property, whether or not vested in the municipality, shall be subject to penal action. The section also authorizes municipal authorities to remove such encroachments and impose penalties on offenders.
The section covers:- Encroachment or obstruction on public land or spaces, including those not vested in private ownership- Temporary or permanent obstructions- Actions by any individual without prior permission- Municipal powers to act independently of private land rights- Enforcement through penalties and removal orders
This concise legal commentary synthesizes the provisions, scope, and enforcement mechanisms of Section 245 of the Rajasthan Municipalities Act, 2009, supported by relevant references.
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 actin
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.
(1) If any cattle, horse, pig, dog, or other four-footed animal or bird is kept on any land or premises in contravention of the provisions of this Chapter or is found roaming or straying or tethered on any street or public place or is found causing nuisance or danger to the public, the Chief Municipal Officer may direct any officer or employee of the Municipality to seize such cattle, horse, pig, dog or other four-footed animal or bird and may cause it to be impounded or removed to and maintained in such place as may be appointed by the Municipality for this purpose; and the cost of such seizure and impounding or removing and maintenance shall be recoverable by sale of such animal or bird, as the case may be, by auction:
Provided that any person claiming such animal or bird may, within seven days of such seizure, get it released on his paying all the expenses incurred by the Munici
The Chief Municipal Officer may-
(a) cause to be destroyed, or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies;
(b) by public notice direct that after such date as may be specified in the notice, dogs which are without a licence distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be confined and cause them to be otherwise dealt with or destroyed, if necessary.
(1) Whenever the Chief Municipal Officer is of opinion that the user of any premises for keeping any animal or bird, even if licenced, is causing a nuisance and that such nuisance should immediately be stopped, the Chief Municipal Officer may, by order, require the owner or the occupier of such premises to stop such nuisance within such period as may be specified in the order.
(2) If, at the end of such period, the nuisance is not stopped, the Chief Municipal Officer or any other officer authorized by him in this behalf, may cause such use of such premises to be stopped forthwith by such means as he thinks fit and direct such owner or occupier to show cause why the licence for keeping the animal or the bird, as the case may be, shall not be cancelled.
(3) If such owner or occupier does not show cause to the satisfaction of the Chief Municipal Officer or if the nuisance is not ab
(1) No person shall for the purposes of trade, use or permit to be used any place for stabling milk cattle or for storing or selling milk or for making, or selling butter except under and in accordance with the terms of a licence from the Municipality.
(2) The Municipality may grant such licence subject to such conditions as it may deem fit and may at any time withdraw such licence on giving one month's notice to the licencee:
Provided that where the licencee has contravened any of the conditions of the licence, it may be withdrawn without any such notice.
(3) Whoever so uses or permits to be used any place for any of the aforesaid purposes without or in contravention of any of the conditions of, or after the withdrawal of, or during the suspension of, such licence, shall be punished with fine
(1) The Municipality may, by notice, in writing,-
(a) prohibit or regulate, either temporarily or permanently, vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality,
(b) prohibit, in respect of a public street or a portion thereof, the transit of any vehicle of such type, form, construction, weight, emission, or size, or of any vehicle laden with such heavy or unwieldy object as is likely to cause injury to the roadways or any construction thereon, or of any vehicle on the ground of public convenience, except under such conditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants, and other general precautions, and on payment of such charges, as may
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.
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.
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.
Section 255 of the Rajasthan Municipalities Act, 2009, pertains to the arrangement for fire prevention within municipal areas. It empowers municipalities to formulate bye-laws requiring owners and occupiers of premises to undertake fire safety measures, thereby safeguarding life and property against fire hazards.
Section 255 authorizes municipalities to make bye-laws for fire prevention. Specifically, it allows them to require the owner or occupier of any premises to implement fire safety measures, obtain necessary approvals, and ensure compliance. The section emphasizes proactive regulation to prevent fire accidents and mandates the issuance of certificates and approvals related to fire safety.
While Section 255 itself primarily deals with regulatory provisions, the enforcement of fire safety measures may lead to penalties or penalties under related provisions of the Act or rules. The Act permits the Chief Municipal Officer to punish staff for violations, but specific punishments for non-compliance with Section 255 are typically prescribed in the bye-laws or related regulations ().
Note: The analysis is based on the available sources and general principles of municipal law. For specific legal advice or detailed procedures, consult the full text of the Rajasthan Municipalities Act, 2009, and relevant bye-laws.
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.
(1) On the occasion of a fire in a municipal area any Magistrate, any member of the Municipality, the Chief Municipal Officer, any other officer, of the Municipality, any member of the fire brigade directing its operations or any police officer above the rank of a constable may-
(a) remove or order the removal of any person who by his presence interferes with or impedes operations for extinguishing the fire or for saving life or property;
(b) close any street or passage in or near which the fire is burning;
(c) for the purpose of extinguishing the fire-break into or through or pull down or cause to be broken into or through or pulled down or used for the passage of house or other appliances any building or land;
(d) cause mains and pipes to shut off
(1) Subject to any other law for the time being in force and any general or special orders of the State Government, the Municipality shall have power to restrict or ban, by notification in the Official Gazette, manufacture, sale or use of any kind of plastic bags in any part or whole of the municipal area.
(2) Whoever contravenes the restriction or ban imposed under sub-section (1), shall, on conviction, be punishable with simple imprisonment which may extend to three months, or with fine which shall not be less than one hundred rupees but which may extend to one thousand rupees, or with both, and with further fine which may extend to fifty rupees for every day or night, as the case may be, on which such offence is continued after the date of first conviction.
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.
(1) Whoever, being the owner or occupier of any building or land, allows the same to be in a filthy and unwholesome state, or to be, in the opinion of the Municipality, a nuisance to persons residing in the neighborhood, or to be overgrown with prickly-pear or rank and noisome vegetation and does not, within a reasonable time after notice in writing by the Municipality to cleanse, clear or otherwise put the same in a proper state, comply with the requisition contained in such notice, shall be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees and with further fine which shall not be less than fifty rupees but which may extend to one hundred rupees for every day on which the failure to comply with the said notice is continued after the date of the first conviction.
(2) Should the state of the building be such as in the jud
(1) The Municipality may set apart sufficient public places for the purpose of being used as bathing places and may also provide or set apart a sufficient number of convenient tanks or runs of water for the inhabitant to bathe in; and may also set apart tanks or reservoirs or runs of water for washing animals or clothes and for all purposes connected with the health, cleanliness and comfort of the inhabitants, and may prohibit the use for any purpose mentioned in this section of any or all other public places within the Municipality.
(2) Copies of all orders passed and notices issued by the Municipality and for the time being in force under this section shall be kept at the municipal office and shall be open for inspection by the public at all reasonable times.
(a) Whoever, in disobedience of any order of the Municipality under section 261 or of any bye-laws bathes in any pool, tank, reservoir, well, cistern, conduit or aqueduct belonging to the Municipality or washes or causes to be washed therein any animal or anything whatsoever or throws, puts or casts or causes to enter therein any animal or anything or causes or suffers to run, drain or be brought therein to anything that is or may become a nuisance, or does anything whatsoever whereby any water therein shall be in any degree fouled or corrupted, and
(b) whoever, without permission of the Municipality introduces into any tank or ditch within, or on the boundary, of the Municipality any animal, vegetable or mineral matter likely to render the water of such tank or ditch offensive or to be a nuisance, shall be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees.
(1) If in the opinion of the Municipality-
(a) any pool, ditch, quarry, hole, excavation, tank, well, pound, drain watercourse or any collection of water, or
(b) any cistern or other receptacle for water whether within or outside a building, or
(c) any land on which water accumulates and which is situated within a distance of one hundred meters from any building used as a dwelling house, is or is likely to become a breeding place of mosquitoes or in any other respect a nuisance,
the Municipality may, by notice in writing, require the owner thereof to fill up, cover or drain of the same in such manner and with such materials, or to take such order with the same for removing or abating the nuisance, as the Municipality may direct.
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.
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.
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.
(1) In a Municipality, no person shall-
(a) in any public street or public place-
(i) ease himself, or cause any child in his charge to ease himself; or
(ii) carry meat exposed to public view; or
(iii) picket animals or collect carts; or
(iv) remove, destroy, deface or otherwise obliterate any advertisement notice or other document put up or exhibited in accordance with this Act, or the rules or bye-laws made thereunder; or
(v) Carry any waste material in open vehicle; or
(b) make any grave, tomb or monument or burn or bury any corpse at any place not set apart for the purpose; or
&nb
(1) It shall be lawful for the Municipality to direct by public notice that every furnace employed, or to be employed in any works or buildings used for the purpose of any trade or manufacture whatsoever within the limits of the Municipality, whether a steam engine, be or be not used or employed therein shall, in all cases, be constructed, supplemented or altered so as to consume or burn or reduce as far as may be practicable, the smoke arising from furnace.
(2) If any person shall, after such direction, use or permit to be used any such furnace not so constructed, supplemented or altered, or shall so negligently use, or permit to be used, any such furnace that the smoke arising therefrom shall not be effectually consumed or burnt as far as may be practicable, every person so offending, being the owner or occupier of the said works or buildings or being an agent or other person emp
(1) It shall be lawful for the Municipality to direct that no place not belonging to or vested in it, shall be used for the purposes specified in clause (j) of sub-section (1) of section 340 except under and in accordance with the conditions of a licence from the Municipality which may from time to time grant, suspend, withhold or withdraw such licences either generally or in individual cases.
(2) Whoever uses or permits the use of any place contrary to such direction, without the licence required as aforesaid, or in contravention of any of the conditions or during the suspension or after the withdrawal of such licence shall be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees.
(3) Upon a conviction being obtained in respect of any place under sub-section (2) of this section,
(1) The Municipality may from time to time open or close any public market or slaughterhouse. It may also either take charges for stalls or other rents or fees for the use by any person of any such market or slaughter-house or from time to time sell by public auction or otherwise the privilege of occupying any stall or space in, or of otherwise using, any such market or slaughter house.
(2) Any person who, without the permission or licence of the Municipality shall sell or expose for sale any article in the said market or use the said slaughter house shall be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees.
(3) It shall be lawful for the Municipality to lease for a period not exceeding one year at a time by public auction or private contract the collecting of any rent or fees, which may be imposed under sub-section
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.
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.
(1) Every Municipality may, subject to such limitations, restrictions and conditions as may be prescribed in this behalf, exercise all or any of the powers specified in sub-section (2) for prevention of dangerous diseases.
(2) The powers which may be exercised under the preceding sub-section are -
(a) power by order which may be either of special or general application to direct that every medical practitioner who knows or may have reason to believe that any person whom he has visited in his professional capacity in any dwelling not being a hospital or that every manager of any factory or educational institution or every head of household who knows or has reason to believe that any person who resides in any dwelling under the management or control of any such manager or head of a household is suffering from dangerous disease shall give i
(1) If the State Government is of opinion that risk of disease has arisen or is likely to arise, either to any occupier or to any inhabitants in the neighbourhood of any area, by reason of any of the following defects, namely-
(a) the manner in which either buildings, or blocks of buildings, already existing or projected therein, are, or are likely to become crowded together, or
(b) the impracticability of deansing any such buildings or blocks of buildings already existing or projected, or
(c) the want of drainage or scavenging or the difficulty of arranging therein for the drainage or scavenging of any such buildings or blocks as aforesaid, or
(d) the narrowness, closeness, bad arrangement or bad condition of the streets or buildings or groups of b
The Municipality shall be responsible for -
(a) constructing and maintaining burial grounds and cremation grounds; and
(b) acquiring, maintaining, changing and regulating places for the disposal of the dead.
(1) The Municipality may, by public notice, order any burial or burning ground situated within municipal limits or within one kilometer thereof, which is certified by the Director of Public Health or District Medical and Health Officer to be dangerous to the health of persons living in the neighborhood, to be closed from a date to be specified in the notice and shall, in such case if no suitable place for burial and burning exists within a reasonable distance, provide a fitting place for the purpose before the aforesaid date.
(2) No new burial or burning ground shall be made without the permission in writing of the Municipality and otherwise than in accordance with the terms and conditions of such permission.
(3) Should any person, without the permission of the Municipality, bury or burn or cause or permit to be buried or burnt any corps
(1) The Municipality may by public notice prescribe routes by which routes alone corpses may be moved to the different burial or burning grounds therein.
(2) Whoever removes a corpse to a burial or burning ground by a route other than the route prescribed therefore shall be punishable with a fine which shall not be less than one thousand rupees but which may extend to two thousand rupees.
(1) The Municipality may grant and renew licences in accordance with bye-laws to be framed by it in the manner laid down in or under section 340, to persons applying for the same and on payment of such fee as it may fix, for the sale at all or any of the burning grounds, of fuel and other articles required or used for the cremation of corpses.
(2) The Municipality may on good and sufficient cause being shown, revoke or withdraw any licence granted or renewed under sub-section (1).
(3) Where in respect of a burning ground any licence has been granted or renewed under sub-section (1)-
(a) the Municipality shall, from time to time, prescribe a scale of rates for the sale of fuel and other articles required or used for the cremation of corpses, and
(b)
(1) The Municipality may, in case of unclaimed bodies after the expiration of not less than twenty-four hours from the death of the person and in case of unnatural death after completion of formalities under the law for the time being in force, cause the corpse of such person to be buried or burnt.
(2) In such case the corpse shall be disposed of, so far as may be possible, in a manner consistent with the religious tenets of the deceased as far as they may be ascertained.
(3) Subject to the provision contained in sub-section (4) the expenses incurred by the Municipality in causing the corpse of a deceased person to be buried or burnt under this section shall be recoverable as a debt due from the estate of such person.
(4) The Municipality may from time to time make provision from out of the municipal fund, for the burial or burning fr
(1) In every municipal area the Municipality shall provide proper and convenient places for the disposal of the carcasses of animals.
(2) Whenever any animal in the charge of any person dies otherwise than by slaughter for sale or for religious purpose, such person shall, within twenty four hours, either -
(a) convey the carcasses to a place provided or appointed under sub-section (1) or to a place beyond two kilometers of the municipal limit or the abadi area whichever is away, or
(b) give notice of the death to the Municipality which shall thereupon cause the carcass to be removed and disposed of.
(3) The occupier of any premises in or upon which any animal shall die or in or upon which the carcass of any animals shall be found shall also take act
Whoever while suffering from an infectious or contagious disorder-
(a) makes or offers for sale an article of food or drink for human consumption or medicine or drug, or
(b) wilfully touches any such article, medicine or drug when exposed for sale by others, or
(c) takes any part in the business of washing or carrying soiled clothes,
shall be liable upon conviction to a fine which shall not be less than one thousand rupees but which may extend to two thousand rupees.
(1) If the Municipality is satisfied that any building or place used or intended by any person to be used, -
(a) for boiling or storing offal, blood, bones, guts or rags,
(b) for sorting, curing or storing fish,
(c) for storing hides, horns or skins,
(d) for tanning,
(e) for the manufacture of leather goods,
(f) for dyeing,
(g) for soap-making,
(h) for washing or drying wool or hair,
(i) for boiling oil,
(j) for melting tallow or sulphur,
(
(1) No siren may be used for the purpose of summoning or dismissing workmen or persons employed except under and in accordance with the conditions of a licence from the Municipality.
(2) The Municipality may grant such licence subject to such conditions as it may deem fit and at any time withdraw such licence on giving one month's notice to the licencee after hearing him, if he so desires, against the proposed withdrawal.
(3) Whoever uses or employs any such siren as aforesaid without or in contravention of any of the conditions of, or after the withdrawal of, such licence shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees. -
(1) The service of every notice or order and the presentation of every bill under this Act or under a rule or bye-laws made thereunder on any person or to any person to whom it is by name addressed shall in all cases not otherwise specially provided for therein, be effected by a municipal officer or servant or other person authorized by the Municipality in this behalf-
(a) by giving or tendering such notice, order or bill to the person to whom it is addressed; or
(b) if such person is not found, by leaving the notice, order or bill at his last known place of abode with, or by giving or tendering the notice, order or bill to, some adult member or servant of his family; or
(c) if such person does not reside within the municipal limits and his address elsewhere is known to the chairman or officia
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 then-
(a) the Municipality may cause such work to be executed or such thing to be provided or done and may recover all expenses incurred by it on such account from the said person in the manner provided under this Act, and
(b) the said person shall be liable on conviction by a magistrate to a fine which may extend to two thousand rupees and in case of a continuing breach to further fine which may extend to fifty rupees for every day after the date of the first conviction during which the offende
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, on conviction by a Magistrate, to fine which shall be not less than two thousand rupees but which may extend to five thousand rupees for every such failure and, in the case of a continuing breach, to a further fine which shall be not 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 breach.
(1) Whenever, under the provisions of this Act, any work is required to be executed by the owner or occupier of any building or land and default is made in the execution of such work, the Municipality, whether any penalty is or is not provided for such default, may cause such work to be executed; and the expenses thereby incurred, alongwith ten percent of the total expenses, subject to a minimum of one thousand rupees may be recovered from the person by whom such Work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under this Act either in lump sum or by installaments, as the Municipality may deem fit:
Provided that-
(a) whenever any drainage scheme has been commenced by the Municipality it shall be lawful for the Municipality without prejudice to its powers
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.
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 t
(1) Whoever obstructs or molests a person employed by or under a contract with the Municipality under this Act in the performance of his duty or in the fulfillment of his contract or removes any mark set up for the purpose of indicating any levels or direction necessary to the execution of work authorized by this Act shall be liable on conviction to fine which shall not be less than two thousand rupees but which may extend to five thousand rupees.
(2) The police officer in whose view an offence under sub-section (1) is committed shall have power to arrest such offender.
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.
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.
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.
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 barrier-
(a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search, and
(b) if the owner or occupier is absent or being present, refuses to open such door, gate or barrier.
(1) If an agreement is not arrived with respect to any compensation or damages which are by this Act directed to be paid, the amount and if necessary, the apportionment of the same shall be ascertained and determined by such officer as may be appointed or authorized in this behalf by the Director of Local Bodies:
Provided that nothing in this sub-section shall prevent the aggrieved party from seeking redress in a civil court of competent jurisdiction.
(2) In any case where compensation is claimed in respect of any land, the procedure prescribed by the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) for proceedings in matters referred for the determination of the court shall, as far as possible, be followed.
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.
(1) All or any of the Municipalities in the State may combine to form an Union to be called the Rajasthan State Municipal Boards Union or by any such other name as may be notified by the State Government, provided that no such Union shall be formed unless more than half the number of Municipalities in the State severally pass a resolution signifying their intention to become members thereof.
(2) The functions of the Union formed under sub-section (1) of this section shall be-
(i) to examine issues of common interest to Municipalities;
(ii) to disseminate information regarding such issues;
(iii) to make suitable representations to the State Government and other agencies on matters of common interest;
(iv)
(1) The Chief Municipal Officer may direct any prosecution for any public nuisance whatsoever or violation of any order or directions issued under this Act and may order proceedings to be taken for the recovery of any penalties and for the punishment of any persons violating the provisions of this Act or of any rule or bye-laws thereunder and may order the expenses of such prosecutions or other proceedings to be paid out of the municipal fund:
Provided that no prosecution for an offence under this Act or rule or bye-laws framed there under shall be instituted except within six months after the commission of such offence.
(2) Any prosecution under this Act or under any rules or bye-laws made thereunder may, save as therein otherwise provided, be instituted before any Magistrate, and every fine or penalty imposed under or by virtue of this Act or any rule or bye-laws thereunder an
The Rajasthan Municipalities Act, 2009, serves as a comprehensive framework for the governance of municipalities in the state of Rajasthan. Among its various provisions, Section 298 specifically addresses the powers of the Chief Municipal Officer (CMO) regarding the prosecution of public nuisances and violations of municipal regulations.
Section 298 empowers the Chief Municipal Officer to initiate prosecutions for public nuisances and violations of orders or directions issued under the Act. It allows for the recovery of penalties and the punishment of individuals who contravene the provisions of the Act or any associated rules.
The scope of Section 298 is broad, encompassing various forms of public nuisances and violations of municipal regulations. It is designed to empower municipal authorities to maintain public order and hygiene within their jurisdictions.
While the specific penalties are not detailed in Section 298 itself, the section implies that violators may face legal action and financial penalties as determined by the municipal authority.
A Municipality may-
(a) compromise with any person who in the opinion of the Municipality has committed an offence punishable under this Act or any bye-law thereunder and on such compromise no proceedings shall be taken against such person in respect of such offence;
(b) withdraw prosecutions under this Act or under any bye-law made thereunder;
(c) compound any offence against this Act or against any bye-law made thereunder which may, by rules made by the State Government, be declared compoundable:
Provided that the State Government may make rules to regulate the proceedings of persons empowered to compromise offences under this section.
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 non-payment of such damage on demand, the same shall be levied by distress, and such Magistrate shall issue his warrant accordingly.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act No.2 of 1974), an offence punishable under sections 167, 236 and 245 of this Act shall be cognizable and bailable.
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.
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.
(1) No suit shall be instituted against a Municipality or against the Chairperson, Vice-Chairperson, member, officer or servant of Municipality or against any person acting under the direction of any of them in respect of an act done or purporting to have been done in its or his official capacity, until the expiration of two months next after notice thereof in writing has been, in the case of a Municipality, left at its office and, in the case of the Chairperson/Vice-Chairperson, member, officer, servant or person delivered to him or left at his office or place or abode explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left.
(2) No action such as is described in sub-section (1) shall,
No civil court shall in the course of any suit grant any temporary injunction or make any interim order-
(a) restraining any person from exercising the powers or performing the functions and duties of a member, Chairperson, Vice-Chairperson, officer or servant of a Municipality or a committee or sub-committee of a Municipality on the ground that such person has not been duly elected or appointed as such member, chairperson, vice-chairperson, officer or servant, or
(b) restraining any person or persons or any Municipality or committee or sub-committee of a Municipality from holding any election or from holding any election in any particular manner.
(1) The Municipality may compound or compromise, in respect of any suit instituted by or against it or in respect, of any claim or demand arising out of any contract entered into by it under this Act, for such sum of money or other compensation as it shall deem sufficient:
Provided mat, if any sanction in the making of any contract is required by this Act, the like sanction shall be obtained for compounding or compromising any claim or demand arising out of such contract.
(2) The Municipality may make compensation out of the municipal fund to any person sustaining any damage by reason of the exercise of any of the powers vested in it, its officers and servants under this Act.
(3) The municipal fund shall be liable to pay the expenses of any civil proceeding prosecuted or defended on behalf of the Municipality.
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.
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.
(1) The State Government may appoint an officer to be the Director of Local Bodies with whatever designation, who shall perform such functions and exercise such powers as may be delegated to, or conferred on him by or under this Act or the rules made thereunder.
(2) The State Government may also appoint such number of other officers as it deems fit for assisting the Director and they shall be subject to the direction and control of the Director.
(3) The other officers so appointed shall exercise such powers and perform such functions and shall have such local jurisdiction as may be assigned to them by the Director.
(1) Any officer appointed or authorized by the State Government in this behalf by a general or special order shall have power-
(a) to enter upon and inspect or cause to be entered upon and inspected any immovable property occupied by any Municipality or any institution under its control or management or any work in progress under it or under its direction or control;
(b) to call for any extract from the proceedings of any Municipality or of any Committee, or from any book or document in the possession of or under the control of a Municipality, and any return, statement, account or report which he may think fit to require such Municipality to furnish;
(c) to require a Municipality to take into consideration any objection which appears to him to exist to the doing of anything which is about to b
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.
(1) If, in the opinion of any such officer as may be appointed or authorized by the State Government in this behalf, the execution of any order or resolution of a Municipality or the doing of anything which is about to be done or is being done by or on behalf of a Municipality, is causing or is likely to cause injury or annoyance to the public or a breach of the peace or is unlawful or detrimental to the interest of the Municipality, he may, by order in writing under his signature, suspend the execution or prohibit the doing thereof.
(2) When any such officer makes any order under this section, he shall forthwith forward to the State Government and to the Municipality affected thereby a copy of the order, with a statement of the reasons for making it, and it shall be in the discretion of the State Government to rescind the order or to direct that it shall continue in force with or
(1) In cases of emergency, the District Magistrate may provide for the execution of any work or the doing of any act, which a Municipality is empowered to execute or do and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public, and may direct that the expenses of executing the work or doing the act alongwith a reasonable remuneration to the person appointed to execute or do it, shall be forthwith paid by the Municipality.
(2) If the expense and remuneration are not paid, the District Magistrate may make an order directing any person, who for the time being has custody of any moneys on behalf of the Municipality, to pay such expenses and remuneration from such moneys as he may have in his hands or may from time to time receive and such person shall be bound to obey such order.
(3) The provisions of sub-section (2) of sectio
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.
(1) Such public works, which, in the opinion of the State Government require a degree of professional skill which may not be at the disposal of the Municipality shall be carried out by the State Government or by such agency as the State Government may direct.
(2) All other works of the Municipality shall be executed by such agency and subject to such supervision as the Municipality thinks fit subject to rules made in this behalf.
(3) When any work is executed for a Municipality by the State Government or by any other agency under the orders of the State Government the expense incurred on the work together with the charges for supervision and for tools and plant at such rates as may be fixed by the State Government from time to time, unless waived by the State Government, shall be payable to the State Government or such other agency.
(
(1) Notwithstanding anything contained in this Act it shall be lawful for the State Government at any time after consulting the Municipality-
(a) to construct any work or works of a permanent nature which in the opinion of the State Government is or are necessary or desirable for the health or safety of the inhabitants, whether within any Municipality or without it, wholly or in part;
(b) to retain the management and maintenance of any such work or to entrust the same, in whole or in part, to the Municipality or resume the same from the Municipality;
(c) to recover the capital cost of any such work and of its management and maintenance together with interest thereon at such rate as the State Government may fix, from the municipal fund or from the proceeds of any tax or taxes imposed under this
(1) The State Government may order an inquiry to be held by any officer appointed by it in this behalf into any matters concerning the municipal administration of any Municipality or any matters with respect to which its sanction, approval or consent is required under this Act.
(2) The officer holding such inquiry shall, for the purpose thereof, have the powers which are vested in a court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) in respect of the following matters:-
(a) discovery and inspection,
(b) enforcing the attendance of witnesses and requiring the deposits of their expenses,
(c) compelling the production of documents,
(d) examining witnesses on oath,
(1) If, in the opinion of the State Government the number of persons who are employed by a Municipality as officers or servants or whom a Municipality proposes to employ, or the remuneration assigned by the Municipality to those persons or to any particular person, is excessive, the Municipality shall on the requirement of the State Government reduce the number of the said persons or the remuneration of the said person.
(2) It shall be lawful for the State Government-
(i) to require that any person appointed to be a Chief Municipal Officer shall be invested by any Municipality with all or any of the powers which can under this Act or under any rules in force at the time being lawfully delegated to him, in addition to such powers as are conferred on him by this Act;
(ii) to require that all or
(1) When the State Government is informed on complaint made or otherwise that a Municipality has made default in performing any duty imposed on it by or under this Act or by or under any enactment for the time being in force, the State Government, if satisfied after due inquiry that the Municipality has been guilty of the alleged default may fix a period for the performance of that duty.
(2) If that duty is not performed within the period fixed, the State Government may appoint some person to perform it and may direct that the expense of performing it, with a reasonable remuneration to the person appointed to perform it shall forthwith be paid by the Municipality.
(3) If the expense and remuneration are not so paid, the State Government may make an order directing any person who for the time being has custody of any moneys on behalf of the Municipality, to pay such expense and r
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.
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.
(1) If at any time the State Government is satisfied that the Municipality is not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or otherwise by law, or has exceeded, or abused its powers, the State Government may, by an order published alongwith the reasons thereof, in the Official Gazette, declare the Municipality to be incompetent or in default, or to have exceeded or abused its powers, as the case may be, and may dissolve such Municipality as from a date to be specified in the order of dissolution:
Provided that no action shall be taken under this sub-section unless the Municipality through its Chairperson has been afforded a reasonable opportunity of submitting an explanation and of being heard, if the Municipality so desires:
Provided further that ho order und
(1) If any dispute for the decision of which this Act does not otherwise provide exists, between a Municipality and one or more other local authorities in regard to any matter arising under the provisions of this Act or any other law and the dispute is not amicably settled-
(a) the Collector may take cognizance of the dispute and decide it himself if the dispute is with another Municipality or panchayat in the same district and his decision shall be final; and
(b) in all other cases the matter shall be referred to the Divisional Commissioner, who may take cognizance of the dispute and decide it and the decision of the Divisional Commissioner shall be final.
(2) No suit shall be entertained by a civil court in respect of any dispute referred to in sub-section (1).
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.
(1) The State Government may at any time by notification in the Official Gazette repeal wholly or in part or modify any rule or bye-laws made by any Municipality:
Provided that, before taking any action under this sub-section, the State Government shall communicate to the Municipality the grounds on which it proposes to do so, fix a reasonable period for the Municipality to show cause against the proposal and consider the explanation and objections, if any, of the Municipality.
(2) The repeal or modification of any rule or bye-laws shall take effect from the date of publication of the notification in the Official Gazette if no date is therein specified and shall not affect anything done or omitted or suffered before such date.
(1) The State Government may delegate all or any of its powers under this Act, other than the powers exercisable by it under sections 3, 6, 7, 67, 94, 102, 103, 107, 111, 142, 297, 318, 322, 325, 337, 339 and 340 or under this section or the power to appoint an Appellate Authority under any provision of this Act, to any officer subordinate to it.
(2) The State Government may also order that all or any of the powers conferred on the Collector or any other officer of the State Government by or under or in pursuance of any provision of this Act shall be exercised for any specified period by some other officer or authority that may be named in the order.
Legal Comments
"Section 320 power of appointment during interregnum" - The State may appoint an administrator/authority to manage municipalities after tenure ends, ensuring continuity of governance - [Madhu Kanwar W/o Kamlendra Singh Hada Vs State Of Rajasthan, Through Chief Secretary Government Of Rajasthan - 2025 0 Supreme(Raj) 1163]
"Section 320 vs Section 322 - legality upheld" - Court held notifications appointing Administrators under Section 320 are legal during interregnum; Section 322 not triggered to invalidate - [Madhu Kanwar W/o Kamlendra Singh Hada Vs State Of Rajasthan, Through Chief Secretary Government Of Rajasthan - 2025 0 Supreme(Raj) 1163]
"Essential ingredients of Section 320 usage" - Interregnum period, appointment by State, continued management of affairs, until new elections; no need to wait for elections - [Madhu Kanwar W/o Kamlendra Singh Hada Vs State Of Rajasthan, Through Chief Secretary Government Of Rajasthan - 2025 0 Supreme(Raj) 1163]
"Scope: applicability to multiple municipalities" - Validity extends to multiple municipalities (49/others) facing post-term interregnum; court emphasized continuity of governance across boards - [Madhu Kanwar W/o Kamlendra Singh Hada Vs State Of Rajasthan, Through Chief Secretary Government Of Rajasthan - 2025 0 Supreme(Raj) 1163]
"Procedure for post-tenure appointments" - Notification-based appointment under Section 320; no mandate to follow Section 322 in such interregnum; lawful if within statute and context - [Madhu Kanwar W/o Kamlendra Singh Hada Vs State Of Rajasthan, Through Chief Secretary Government Of Rajasthan - 2025 0 Supreme(Raj) 1163]
"Pre-election suspension and disqualification authority" - State Government authority to initiate Section 39 proceedings for pre-election disqualifications; suspension upheld; stays or continuance may depend on proceedings timing - [Balwant VS State of Rajasthan - 2021 0 Supreme(Raj) 1427]
"Scope of Section 39 in suspensions" - Suspension can be justified where proceedings have commenced; revocation/suspension orders require reasoned basis; later orders may be invalid for lack of reasoning - [Om Prakash Kalwa, S/o. Shri Jodha Ram Kalwa VS State of Rajasthan, Through Its Secretary, Local Self Government, Jaipur - 2024 0 Supreme(Raj) 588], [Devender Singh Shekhawat VS State of Rajasthan - 2023 0 Supreme(Raj) 1493]
"Natural justice and notice in seizures" - Notice to owner suffices when seizure targets unauthorized construction; tenant need not always be separately notified if owner notified; alternative remedy preserved - [Krishan Gopal Ajmera S/o Kailash Chander Ajmera vs State of Rajasthan - 2025 0 Supreme(Raj) 2272]
"Delimitation of wards and Article 243-ZG bar" - Court stayed or dismissed petitions challenging delimitation absent fresh census; Article 243-ZG bars such challenges once final order issued; procedure must follow Section 3, 9, 10 and Rules - [Jagdish Prasad Saini VS State of Rajasthan - 2020 0 Supreme(Raj) 249], [Sahdev Singh Bhati S/o Shri Bhanwar Singh Bhati vs State Of Rajasthan, Through Secretary Department Of Local Self, Government Of Rajasthan - 2025 0 Supreme(Raj) 2031]
"Election petitions jurisdiction under Section 31" - District Judge jurisdiction; improper transfer to ADJ without statutory basis can be quashed; only District Judge has authority for election petitions under Section 31 - [Babulal VS Kishansahay - 2016 0 Supreme(Raj) 1182], [Babu Lal Jain VS District Judge, Bikaner - 2016 0 Supreme(Raj) 1213]
"Reservation of seats and rotation not mandated by Article 243T(4)" - Rotation system not compelled by Article 243T(4); lottery/draw and Section 43 procedures upheld; interference not justified - [Yogendra Kumar VS State of Rajasthan - 2020 0 Supreme(Raj) 652], [Yogendra Kumar VS State of Rajasthan - 2020 0 Supreme(Raj) 652]
"Committee constitution - mandatory vs directory" - Court held that mandatory timelines for constituting committees under Act 2009 are binding; State cannot substitute for municipality in failing to form committees; costs ordered - [NIRMAL NAHTA VS STATE - 2010 0 Supreme(Raj) 405]
"Section 336 transfers of employees between municipalities" - State power to transfer subordinate/ministerial/class IV staff with protections; not ultra vires; proviso protects service conditions; constitutional under State List - [Hitendra Shrangi S/o Shri Murlidhar Shrangi VS State of Rajasthan - 2017 0 Supreme(Raj) 1454]
"Section 194 and 271 provisions for notices in suits/encroachments" - Section 271 requires two-month notice for suits against municipality; final judgments show private contracts may fall outside (not official acts) and thus not require notice; 194 governs unauthorized constructions; enforcement supported - [Karan Sharma VS Raghunath Agarwal - 2021 0 Supreme(Raj) 2079], [Municipal Council, Udaipur VS Kishan Lal - 1970 0 Supreme(Raj) 188]
"Section 327 and process for renovations – no interference where notices lawful" - Challenge to notices under Section 327 not warranted where notices are valid; revision petitions available under Section 327 - [Anil Bhandari VS State of Rajasthan - 2019 0 Supreme(Raj) 211]
"Section 327 vs 327- Section 327 review interplay with 2009 Act" - Guidance on applicability of 327 to renovation/process directions; not interfering with valid notices - [Anil Bhandari VS State of Rajasthan - 2019 0 Supreme(Raj) 211]
"Litigation over patta cancellation and land vested in Municipal Board" - Patta cancellation and land vesting under Section 68; impleadment of Municipal Board necessary for effective adjudication where land vests in board - [KISHAN SINGH VS SITA RAM - 2018 0 Supreme(Raj) 283]
"Licensing/licence fee for land use vs subsoil" - Licence fee depends on ownership rights under Section 138; municipality cannot charge for subsoil use without permission/by-laws; rights tied to ownership vesting - [MUNICIPAL BOARD, RAJSAMAND VS J. K. INDUSTRIES LTD - 2002 0 Supreme(Raj) 892]
"Master Plan and development controls" - Master Plan governed by various planning acts; modifications require statutory compliance; unauthorised modifications to master plans in Rajasthan Act context require following Section 162-164 and related planning jurisprudence - [Babulal VS Kishansahay - 2016 0 Supreme(Raj) 1182], [Babulal VS Kishansahay - 2016 0 Supreme(Raj) 1182]
"Disqualification and removal under Section 24(xvii) – more than two children" - Disqualification from election for having more than two children; Section 24(xvii) applied; vacancy filled per Section 27; relevant to timely contests and eligibility - [Gopal Sen (Nai) VS Gopi Methani - 2014 0 Supreme(Raj) 1380]
"No-confidence motion under Section 53 and Article 243R" - Interpretation of eligibility and timelines; judgment clarifies that past actions and retrospective applicability limited; case-specific to no-confidence motion - [Rajkumar Jaiswal S/o Raghunath Jaiswal VS State of Rajasthan Through Principal Secretary - 2018 0 Supreme(Raj) 432]
"Limitation issues under Section 326 - timebar" - Section 326 bar on suits against municipalities; time-bar analysis anchored to cause of action arising before denial; distinction from Indian Limitation Act - [DARGAHI LAL NIGAM VS CAWNPORE MUNICIPAL BOARD - 1952 0 Supreme(All) 4]
"Pendency of civil suits against Board – Article 226 reach" - Writ petitions under Article 226 addressed in light of Section 327; not all issues warrant extraordinary relief; typical stay on merits - [Jai Hind Buildcon VS Heeralal Sharma - 2022 0 Supreme(Raj) 2551]
"Interstate octroi and taxation scope" - Octroi imposition under Article 301 read with Article 304 and List II; state can impose octroi with constitutional allowances and reasonable restrictions; but subject to tax law specifics - [Gulab Das Jagannath VS State of Rajasthan - 1995 0 Supreme(Raj) 114]
"Cabinet/Delegate powers - Section 326 delegation basics" - Section 326 contemplates delegation of powers by Government; must be consistent with Act and constitutional framework - (general reference to 326 delegation framework)
"Pendency of delimitation stay – census data requirement" - Delimitation requires fresh census or changes; without data, process not permissible; stay until hearing - [Sahdev Singh Bhati S/o Shri Bhanwar Singh Bhati vs State Of Rajasthan, Through Secretary Department Of Local Self, Government Of Rajasthan - 2025 0 Supreme(Raj) 2031]
"Impleading Municipality as necessary party in land disputes" - Section 68 and impleadment principle; municipal board must be party for land disputes tied to vested ownership - [KISHAN SINGH VS SITA RAM - 2018 0 Supreme(Raj) 283]
Note: The above points synthesize the presented source summaries. Where sources do not provide explicit details for a point, it has been omitted. References are included in square brackets after each bullet point as requested.
(1) The State Government or any officer authorized in this behalf by the State Government, may, for the purpose of being satisfied as to the correctness, legality or propriety of any order or resolution passed or purporting to have been passed, under this Act by or on behalf of a Municipality, its Chairperson, Vice-Chairperson, any member or officer, call for the relevant record, and may, in doing so, direct that pending the examination of such record, such order or resolution shall be kept in abeyance and no action in furtherance thereof shall be taken until such examination by the State Government or by the officer authorized in this behalf by the State Government and the passing of order under sub-section (2).
(2) On examining the record the State Government or the officer authorized as aforesaid may rescind, reverse or modify such order or resolution and the order of the State Government or the officer authorized as af
(1) 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.
(2) The Service shall be divided into different categories, each category being sub-divided into different grades, and shall consist of officers, Administrative as well as Technical.
(1) For the purpose of creating and constituting the service, the State Government may, by notification, from time to time, in the Official Gazette, -
(a) divide Municipalities in the State into classes according to their income or other factors like population or importance of the local area and other circumstances, and
(b) transfer a Municipality from one class to another class.
(2) For the purpose aforesaid, the State Government may also, by a like notification, prescribe uniform scales of pay for different posts in the service with different designations for all Municipalities included in each class under clause (a) of sub-section (1).
(1) Upon the creation and constitution of the service, appointments to all posts therein shall, subject to any rules under section 337 and notwithstanding anything contained in the rules made under section 339, be made in accordance with the provisions of sections 332, 333 or, as the case may be, 335.
(a) by direct recruitment,
(b) by promotion,
(c) by transfer, or
(d) by deputation in exceptional case when eligible person is not available in municipal service.
(2) The State Government shall lay down the terms and conditions on which appointments shall be made by transfer or deputation from a State Service.
(3) With the approval of the State Government and in c
(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
(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 Chief Executive Officer for every Municipal Corporation,
(ii) such number of Commissioners for every. Municipal Corporation and Municipal Council as may be determined,
(iii) an Executive Officer for every Municipal Board,
(iv) a Secretary for every Municipal Corporation or Municipal Council which resolves to appoint a Secretary in addition to the Commissioner, and
(v) any other administrative officer by any name and designation as deemed necessary.
(2) All officers and servants appointed
(1) Subject as aforesaid the State Government may, if it thinks necessary, appoint health officer, municipal engineer, not below the rank of assistant engineer, revenue officer, assessor, senior accounts officer, accounts officer, assistant accounts officer, chief fire officer, fire officer, law officer or any other officer for the performance of such special or technical duties under this Act as may be prescribed.
(2) Work distribution amongst the officers appointed under this section shall be done by the Chief Executive Officer with the approval of the Chairperson.
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.
(1) Subject to the provisions of sections 330 and 331 or any rules under section 337 or any other direction issued or restrictions imposed by the State Government or any other provision of this Act a sanitary inspector or other inspector or subordinate servant or accountant or a member of the ministerial establishment shall be appointed by the Municipality.
(2) Subject to any rules under section 337 or any other provision of this Act appointments to other posts, whether permanent or temporary, shall be made by Chief Municipal Officer with the approval of the Chairperson.
(3) It shall be lawful for the Chief Municipal Officer to punish such staff appointed under this section except with the punishment of dismissal or removal from the service.
(4) A person appointed under sub-section (1) or sub-
(1) Any officer or servant of a Municipality who is a member of subordinate service, ministerial service or class IV service may be transferred by the State Government from the service of one Municipality to the services of another Municipality.
(2) Any officer or servant of the Municipality may be transferred by the State Government to the Jaipur Development Authority or Jodhpur Development Authority or Rajasthan Housing Board or any Urban Improvement Trust or any other local body on post carrying pay scale not lower than the pay scale of the officer or servant to be transferred
Provided that the lien of the Officer or servant so transferred shall remain in the parent Municipality and he shall be considered for further promotion whenever a consideration for promotion to the higher post in his cadre is made in the Municipality.
(1) The State Government may make rules or orders generally for the purpose of carrying into effect the provisions of this Act and prescribe forms for any proceeding for which it considers that a form should be provided.
(2) In particular, and without prejudice to the generality of the foregoing power, the State Government shall make rules -
(i) with reference to all matters expressly allowed by this Act to be prescribed;
(ii) for prescribing the manner of allotment of seats reserved for members of Scheduled Castes, Scheduled Tribes, the Backward Classes or for women;
(iii) with regard to all matters relating to the preparation, revision, modification, updating and publication of electoral rolls;
(iv) for
(1) Notwithstanding anything contained in section 337 or any other provision of this Act or any other law for the time being in force, the State Government may, for the purpose of preservation of human health or the safety or convenience of the public in public places and streets or the amelioration of rickshaw pullers, by regulation provide for regulating (with a view to gradually abolishing) or prohibiting, the plying, use of drawing of rickshaw in streets and public places and to regulate the hours of work of rickshaw pullers-
(2) In particular and without prejudice to the generality of the foregoing power, such regulation may-
(a) prescribe the date on and after which rickshaw shall not be plied, driven or used in streets and public places;
(b) provide that no new licences shall be granted
Every Municipality shall make rules, not inconsistent with this Act or with the rules made by the State Government under section 337.-
(a) with regard to all matter relating to imposition, levy, assessment and collection of the taxes under section 103;
(b) with regard to all matters relating to imposition, levy and collection of fees and fines under section 105;
(c) for regulating the construction of all kinds of buildings;
(d) for prescribing all matters relating to the management of solid and biomedical waste;
(e) with regard to determining the staff of officers and servants to be employed by the Municipality and the respective designations, duties, salaries, fees or other allowances of such officers an
(1) Every Municipality may, from time to time, make bye-laws not inconsistent with this Act and the rules made thereunder -
(a) for regulating the payments from the municipal fund;
(b) for prescribing all matters relating to the imposition, levy, assessment and collection of user charges under section 104;
(c) for prescribing the form of and the manner of keeping of maps, drawings and description of underground utilities and maps of fire hydrants and sewerage man-holes;
(d) for regulating the permission for temporary erection of a booth or any other structure on any public place;
(e) for prescribing the terms and conditions subject to which the precautions to be taken during construction or repair of stre
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.
(1) Where art offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance
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.
(1) On and from the commencement of this Act, the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959) shall stand repealed.
(2) Without prejudice to the provisions of the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955),-
(a) such repeal shall not affect the validity or invalidity of anything already done or suffered or any action already taken under the repealed enactment or the rules, regulations and bye-laws made thereunder; and
(b) all Municipal Corporations, Councils, Boards or other municipal authorities established under the Rajasthan Municipalities Act 1959, (Act No. 38 of 1959) shall, notwithstanding such repeal, be deemed to have been established under this Act and all Municipalities constituted, members nominated, appointed or elected, committees formed, limits defined, appointments, rules, orders and bye-laws ma
[See clause (b) of section 108]
Notice is hereby given to the inhabitants of the Municipality of.................that the Municipality desires to impose the tax, toll or cess (as the case may be) defined in the rules appended.
Any inhabitant of the Municipality objecting to the proposed tax may within one month from the date of this notice, send his objections in writing to the Municipality.
[See section 117]
Form of notice of transfer to be given when the transfer has been effected by instrument
To,
The Chairperson/ Chief Municipal Officer of the......Municipality
I, A. B., hereby give notice, as required by section 116 of the Rajasthan Municipalities Act, 2009, of the following transfer of property: --
Description of property
Date of notice Date of Instrument Name of vendor or assigner Name of purchaser of assignee Amount of consideration Of what it consists Situation Number\Nameof property Dimensions of land Boundaries If instrument has been registered, the date of registration Remarks
&nb
[See section 117]
Form of notice of transfer to be given when the transfer has taken place otherwise than by instrument
To,
The Chairperson/Chief Municipal Officer of the...........Municipal
I, A, B hereby give notice, as required by section 116 of the Rajasthan Municipalities Act, 2008 of the following transfer of property:--
Description of property
Date of notice In whose name the property is at present entered in the municipal registers In whose name it is to be transferred Of what it consists Situation Number Name of property Dimensions of land Boundaries Remarks
1 2 3 4 5 6 7 8 9
[See section 130]
Form of notice of demand
To,
A. B., residing at.....................
Take notice that the Municipality of............demand from............the sum of...............due from..............on accound of............(here describe the property or other subject in respect of which the tax is leviable) leviable under rule number...............for the period of...............commencing on the day of...............and ending on the day of...............and that if, within fifteen days from the service of this notice, the said sum is not paid into the Municipal Office at........... or sufficient cause for non-payment is not shown to the satisfaction of the Municipality, a warrant of attachment of property will be issued for the recovery of
[See sub-section (1) of section 131]
Form of Warrant
(Here insert the name of the officer charged with the execution of the warrant)
Whereas, A. B., of......has not paid, and has not shown satisfactory cause for the non-payment of the sum of......due for the tax......mentioned in the margin for the period commencing on the day of......and ending with the day of......200.... and leviable under rule number......and whereas fifteen days have elapsed since the service on him of notice of demand for the same;
This is to command you to attach, subject to the provisions of sections 131, 132 and 133 of the Rajasthan Municipalities Act, 2009 the property of the said A.B., to the amount of.......being the amount due from him, as follows: --
&nb
[See sub-section (4) of section 133]
Form of Inventory and Notice
To,
A. B., residing at...... take notice that I have this day attached the property specified in the inventory beneath this for the value of.......due for......the tax...........mentioned in the margin for the period commencing with the day of......200.....and ending with the day of......200... together with Rs...... due as for service of notice of demand and that unless within five days from the day of the date of this notice you pay into the municipal office at.......the said amount together with the costs of recovery, the said property will be sold.
Signature of officer executing the warrant
Dated this ......day of...... 200....
&n
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