RAJASTHAN MUNICIPALITIES ACT, 2009

RAJASTHAN MUNICIPALITIES ACT, 2009

S.1 Short title, extent and commencement

S.2 Definitions

S.3 Delimitation of Municipalities

S.4 Power to exempt municipal Board from operation of any provisions of the Act unsuited thereto

S.5 Establishment and incorporation of Municipality

S.6 Composition of Municipality

S.7 Term of office

S.8 Municipal government to vest in Municipality

S.9 Division into wards

S.10 Determination of wards

S.11 Election to the Municipality

S.12 Delegation of functions of State Election Commission

S.13 Electoral Roll for every ward

S.14 Disqualifications for registration in an electoral roll

S.15 Making false declaration

S.16 Chief Electoral Officer

S.17 District Election Officers

S.18 Staff of local authorities etc. to be made available

S.19 Officers and staff deemed to be on deputation to the State Election Commission

S.20 Breach of official duty in connection with the preparation etc. of electoral rolls

S.21 Persons qualified for being members

S.21(a) Special qualification for election on certain seats

S.22 Restriction on contesting elections for more than one ward

S.23 Restrictions on use of vehicles, loud-speakers, etc.

S.24 General disqualifications for members

S.25 Right to vote

S.26 Manner of voting at election

S.27 Casual vacancy how to be filled

S.28 Electoral offences

S.29 Corrupt practices

S.30 Jurisdiction of civil courts in electoral matters

S.31 Election petition

S.32 Appeals from orders of District Judge

S.33 Procedure where election of all candidates is set aside

S.34 Finality of orders and decision

S.35 Disqualifications

S.36 Removal or reduction of period of disqualification

S.37 Oath of office

S.38 Resignation

S.39 Removal of member

S.40 Inquiry into certain allegations after expiry of term of office

S.41 Disability of members removed under Section 39

S.42 Restriction on simultaneous holding of the office of a member in Municipality and the membership of Parliament or State Legislative Assembly or a Panchayati Raj Institution

S.43 Every Municipality to have a Chairperson and a Vice-Chairperson

S.44 Determination of validity of election of Chairperson or Vice-Chairperson

S.45 Core municipal functions

S.46 Other municipal functions

S.47 Functions assigned by the Government

S.48 Functions of Chairperson and Vice-Chairperson

S.49 Powers and duties of the Chief Municipal Officer including custody of records

S.50 Handing over charge

S.51 Provisions in regard to meetings of a Municipality

S.52 Rights and privileges of individual members

S.53 Motion of non-confidence against Chairperson

S.54 Constitution of Wards Committee

S.55 Committees

S.56 When persons other than members may serve on committee

S.57 Chairman of committee

S.58 Procedure at meetings

S.59 Subordination of committees to instructions of Municipality and compliance with requisitions of Municipality

S.60 General functions of the Ward Committee

S.61 Powers, duties and functions which may be delegated

S.62 Acts and proceedings of Municipality and committees not vitiated by disqualifications etc., of members thereof

S.63 Municipal fund ordinarily liable for all costs and expenses incurred by Municipalities

S.64 Official of the Municipality not to be interested in any contract

S.65 Penalty for member, officer or employee interested in a contract etc., with Municipality

S.66 Members etc. to be deemed public servant

S.67 Power to acquire and hold property

S.68 Vesting of property

S.69 Acquisition of property by Municipality by agreement, exchange, lease, grant, etc.

S.70 Compulsory acquisition of land

S.71 Allotment, regularization etc. of certain lands

S.72 Contracts by officers appointed by Government to execute municipal works and payment for such works

S.73 Provisions relating to transfers of property and contracts

S.74 Inventory and map of immovable municipal property

S.75 Maintenance of records of urban land and properties

S.76 State Finance Commission

S.77 Implementation of recommendations of the State Finance Commission

S.78 Financial assistance from State Government

S.79 Municipal Fund

S.80 Application of Municipal Fund

S.81 Payments not to be made out of Municipal Fund unless covered by budget grant

S.82 Temporary payment from Municipal Fund for works urgently required in public interest

S.83 Power to incur expenditure beyond the limits of Municipality

S.84 Exclusive use of Municipal Fund for particular purpose

S.85 Operation of accounts

S.86 Investment of surplus moneys

S.87 Preparation of budget estimate of Municipality

S.88 Sanction of budget estimate of Municipality

S.89 Power to alter budget grant

S.90 Maintenance of accounts

S.91 Preparation of Municipal Accounting Manual

S.92 Financial statement and balance sheet

S.93 Submission of financial statement and balance sheet to Auditor

S.94 Audit of accounts

S.95 Placing of Audited Accounts before the Municipality

S.96 Submission of audited accounts

S.97 Power of State Government to enforce order upon audit report

S.98 Special audit

S.99 Internal audit

S.100 Annual administration report

S.101 Internal revenues of Municipality

S.102 Obligatory taxes

S.103 Other taxes that may be imposed

S.104 Power to levy user charges

S.105 Power to levy fees and fines

S.106 Power to levy development charge

S.107 Exemption from taxation

S.108 Procedure preliminary to imposing tax

S.109 Imposition of tax etc.

S.110 Procedure for altering taxes

S.111 Power of Government to suspend or prohibit or remedy tax

S.112 Power of Municipality to suspend or abolish tax

S.113 Assessment of tax and appointment of Assessors

S.114 Supply of certain information and consequence of failure to supply

S.115 Obligation to supply information for purposes of amendment

S.116 Notice to be given to Municipality of all transfers of title by persons primarily liable to payment of taxes on building or lands

S.117 Form of notice

S.118 Name of transferee to be substituted in the municipal registers

S.119 Liability for payment of taxes on buildings or lands to continue in absence of a notice of transfer

S.120 Tax from whom primarily leviable

S.121 Appeals relating to taxation

S.122 Limitation and preliminary deposit of tax claimed

S.123 Costs

S.124 Bar to jurisdiction of civil and criminal courts in matter of taxation

S.125 Savings

S.126 Obligation to disclose liability

S.127 Duty to recover the taxes

S.128 Presentation of bill of tax

S.129 Contents of bill

S.130 Notice of demand

S.131 In what cases warrant may issue

S.132 Forcible entry for executing warrant

S.133 Manner of executing warrant

S.134 Sale of property attached in special cases

S.135 Attachment and sale outside the Municipality

S.136 Summary proceedings may be taken against persons about to leave the Municipality

S.137 Savings

S.138 Receipt to be given for all payments

S.139 Alternative power of bringing suit

S.140 Liability of land, building, etc., for taxes

S.141 Comprehensive debt limitation policy

S.142 Power of Municipality to raise loan

S.143 Power of Municipality to open credit account, with bank

S.144 Power of Municipality to raise short-term loan

S.145 Establishment of Sinking Fund

S.146 Application of Sinking Fund

S.147 Power to discontinue payment towards Sinking Fund

S.148 Investment of amount at the credit of Sinking Fund

S.149 Manner of repayment of loans

S.150 Annual statement

S.151 Annual examination of Sinking Funds

S.152 Commercial projects and receipts therefrom

S.153 Undertaking of project by Municipality or by other agency

S.154 Types of private sector participation agreements

S.155 Functions assigned to Municipality or other agencies

S.156 City Development Plan

S.157 Committee for Metropolitan Planning

S.158 Committee for District Planning

S.159 Civic Survey and preparation of Master Development Plan and other Plans

S.160 Procedure to be followed in the preparation and sanction of Plan

S.161 Date of operation of Plan

S.162 Subsequent modification of Plans

S.163 Implementation of Plan

S.164 Plans prepared prior to this Act deemed to have been prepared under this Act

S.165 Review of Plan

S.166 Declaration of Development Areas

S.167 Penalty for unauthorized development or for use otherwise than in conformity with the Plan

S.168 Power to require removal of unauthorized development

S.169 Power to stop un-authorized development

S.170 Removal or discontinuance of un-authorized temporary development summarily

S.171 Sanction for sub-division of plot or lay out of Private Street

S.172 Recovery of expenses incurred

S.173 Making and contents of Projects and Schemes

S.174 Preparation of Projects and Schemes

S.175 Redevelopment Scheme

S.176 Submission of project and scheme to the Municipality for approval

S.177 Restrictions on use and development of land after declaration of a Scheme

S.178 Lapse of Scheme

S.179 Modification or withdrawal of project or Scheme

S.180 Power of the State Government to require Municipality to make scheme

S.181 Saving to any project or Scheme

S.182 Restriction on change of use of land and power of the State Government to allow change of use of land

S.183 The regular line of Public Street

S.184 Rights of way for underground utilities

S.185 Maps of underground utilities

S.186 Special provision regarding streets belonging to Central or State Government

S.187 Temporary erection on streets during festivals

S.188 Precautions during construction or repair of street, drain or premises

S.189 Material not to be deposited nor hole to be made in a street without permission

S.190 Compulsory provision of footpaths

S.191 Building at corner of streets

S.192 Setting back projecting buildings

S.193 Level of buildings

S.194 Provisions relating to erection of all kinds of buildings

S.195 Maintenance of apartment complexes by association of residents

S.196 Particulars of permission and construction to be displayed prominently

S.197 Hoardings to be set up during repairs, etc

S.198 Taking over of responsibilities to maintain amenities

S.199 Handing over or taking over of colonies developed by other agencies

S.200 Municipal control over drains etc.

S.201 Powers for making drains etc.

S.202 Effectual drainage of building

S.203 Right of owners and occupiers of buildings or lands to drain into municipal drains

S.204 Sewage and rain water drains to be distinct

S.205 Right to carry drain through land or into drain belonging to other person-how and on what conditions to be authorized by the Municipality

S.206 Work, how to be carried out

S.207 Right of owner of land through which drains are carried in regard to subsequent building thereon

S.208 Provision of privies, etc.

S.209 Erection of latrine and urinal in factories, schools and public places

S.210 Cost of altering, repairing and keeping in proper order privies, etc.

S.211 Power to close existing private drains

S.212 Power in respect of sewers etc. constructed in an un-authorized manner, rebuilt or unstopped

S.213 Encroachment on municipal drains etc.

S.214 Inspection of drains etc.

S.215 Power of Municipality to execute certain works without allowing owner to do so

S.216 Power of carrying water mains etc.

S.217 Special provisions relating to trade effluent

S.218 Special provisions regarding drainage of trade effluent

S.219 Buildings, railways and private streets not to be erected or constructed over water-mains or on municipal drains without permission

S.220 Railway administration to be informed in certain cases

S.221 Power of owner of premises to place pipes and drains through land belonging to other persons

S.222 Power of Chief Municipal Officer to execute work after giving notice to person liable

S.223 Work to be done by licenced plumber

S.224 Prohibition of certain acts

S.225 Entrustment of operation and maintenance of sewerage works and billing and collection of sewerage charges

S.226 Duty of Municipality in respect of solid wastes management and handling

S.227 Entrustment of management and handling of solid wastes and billing and collection of charge

S.228 Solid wastes to be property of Municipality

S.229 Appointment of places for disposal and final disposal of solid wastes

S.230 Duty of owners and occupiers of premises to store solid wastes at source of generation

S.231 Duty of Co-operative Housing Society, Apartment Owners’ Association, etc.

S.232 Prohibitions

S.233 Punishment for littering on streets and depositing or throwing any solid waste

S.234 Bio-medical wastes

S.235 Hazardous wastes

S.236 Permission necessary for certain projections

S.237 Troughs and pipes for rain water

S.238 Provision of rain water harvesting structure

S.239 Fixing of brackets etc. to houses

S.240 Naming of streets and numbering of houses

S.241 Installation of statues

S.242 Removal and trimming of hedges, trees, etc.

S.243 Dangerous buildings

S.244 Displacing pavements etc.

S.245 Encroachment or obstruction upon public land

S.246 Dangerous quarrying

S.247 Premises not to be used for keeping animals, or poultry without licence

S.248 Seizure of certain animals or birds

S.249 Power to deal with infected dogs or animals

S.250 Power to stop nuisances from animals within premises

S.251 Licensing of dairies

S.252 Power to prohibit use of public streets for certain kind of traffic

S.253 Regulation of parking of private vehicles on public places

S.254 Halting vehicles or animals on public ground

S.255 Arrangement for fire prevention

S.256 Establishment and maintenance of fire brigade

S.257 Powers of fire brigade and other persons for suppression of fire

S.258 Power to restrict or ban manufacture etc. of plastic bags

S.259 Non-taking of connection or discharging sewage etc.

S.260 Filthy building etc.

S.261 Bathing Places

S.262 Fouling Water

S.263 Abatement of nuisance from wells, etc.

S.264 Regulation or prohibition of certain kinds of cultivation

S.265 Using offensive manure etc.

S.266 Playing any game causing annoyance

S.267 Prohibition of other nuisances

S.268 Consumption of smoke

S.269 Licensing markets, slaughterhouses and certain business

S.270 Opening, closing and letting of markets and slaughterhouses

S.271 Slaughter-houses etc. beyond municipal limits

S.272 Opening of new slaughterhouses

S.273 Powers which may be exercised for preventing dangerous diseases

S.274 Special powers which may be conferred by State Government in respect of over-crowded areas notified by State Government

S.275 Burials and burial grounds

S.276 Power in respect of burial and burning places

S.277 Regulation of the removal of corpses

S.278 Power to licence fuel shops at burning grounds

S.279 Powers to cause corpses to be buried or burnt

S.280 Removal of carcasses of dead animals in municipal area

S.281 Penalty for acts done by persons suffering from certain disorders

S.282 Regulation of certain trades

S.283 Use of siren for summoning or dismissing workmen

S.284 Service of notices, etc. addressed to individual

S.285 Disobedience to individual notice

S.286 Disobedience to public notice

S.287 Municipality in default of owner or occupier may execute work and recover expenses

S.288 Occupier, in default of owner, may execute works and deduct expenses from rents

S.289 Proceedings if any occupier opposes the execution of the Act

S.290 Penalty for obstructing persons employed by Municipality

S.291 Penalty for breaches of Act, rules and bye-laws not otherwise provided

S.292 Entry for purposes of Act

S.293 Preventive Inspection

S.294 Power for effecting entry

S.295 Determination of compensation in certain cases

S.296 Costs or expenses how determined and recovered

S.297 Formation of State Municipalities Union and its functions

S.298 Municipality may prosecute

S.299 Powers with respect to prosecuting for offences

S.300 Damages to municipal property how made good

S.301 Certain offences to be cognizable and bailable

S.302 Distress lawful though defective in form

S.303 Alternative procedure by suit

S.304 Suits against Municipality or its officers

S.305 Civil court not to grant temporary injunctions in certain cases

S.306 Power of compromises

S.307 Mode of proof of municipal records

S.308 Restrictions on the summoning of municipal servants to produce documents

S.309 Appointment and powers of Director, Deputy Director and Assistant Director

S.310 Powers of inspection and supervision

S.311 Power to inspect the office of the Municipality

S.312 Powers of suspending execution of order etc. of Municipality

S.313 Extraordinary powers in case of emergency

S.314 Compliance by Municipality of requisition by Government for servants in times of emergency

S.315 Agency for execution of public works

S.316 Special provisions in regard to works executed by the State Government

S.317 Government enquiry into municipal matters

S.318 Power of Government to prevent extravagance in the employment of establishment

S.319 Power of Government to provide for performance of duties in default of Municipality

S.320 Exercise of Municipality’s power pending its establishment

S.321 Power of government to direct person in custody of municipal fund to pay government dues

S.322 Power of Government to dissolve Municipality in case of incompetency or having less than two third elected members

S.323 Dispute between a Municipality and one or more local authorities

S.324 Dispute between a Municipality and Urban Improvement Trust, City Development Authority or any other Statutory Board

S.325 Powers of Government to cancel or modify bye-laws and rules of Municipalities

S.326 Delegation of powers by Government

S.327 Power to call for records

S.328 Creation of Rajasthan Municipal Service

S.329 Classification of Municipalities

S.330 Recruitment to posts in the Service

S.331 Consultation with Commission

S.332 Rajasthan Municipal Administrative Service

S.333 Rajasthan Municipal Technical Service

S.334 Determination of strength of the staff

S.335 Subordinate and Ministerial Establishment and other Employees

S.336 Transfer from one Municipality to another

S.337 Power of State Government to make rules and orders

S.338 Power of State Government to make regulations

S.339 Power of Municipality to make rules

S.340 Power of Municipality to make bye-laws

S.341 Rules and bye-laws to be printed and sold

S.342 Offences by companies

S.343 Power to remove difficulties

S.344 Repeal and Savings

Sch.1 FIRST SCHEDULE

Sch.2 SECOND SCHEDULE

Sch.3 THIRD SCHEDULE

Sch.4 FOURTH SCHEDULE

Sch.5 FIFTH SCHEDULE

Sch.6 SIXTH SCHEDULE

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