RAJASTHAN PANCHAYATI RAJ ACT, 1994
(1) This Act may be called 'the Rajasthan Panchayati Raj Act, 1994'.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, appoint.
__________________
1. Came into force with effect from dated 23-4-1994 vide Rural Development & Panchayati Raj Departments Notification No. F.4(1) RDP/Law/93/1468 dated 23-4-1994, published in Rajasthan Gazette, E.O., Part VI-C dated 23-4-1994
(1) In this Act, unless the context otherwise requires-
(i) "Backward Classes" means such backward classes of citizens, other than the Scheduled Castes and the Scheduled Tribes, as may be specified by the State Government from time to time for the purpose of this Act;
(ii) "Block" and "Panchayat Circle" shall respectively mean the local area over which a Panchayat Samiti, or, as the case may be, a Panchayat exercise its jurisdiction;
(iii) "Chairman" means Chairperson of a Standing Committee of a 1[Zila Parishad, a Panchayat Samiti or a Panchayat] constituted under this Act;
(iv) "Chairperson" and Deputy Chairperson" shall respectively mean the Sarpanch and Up-Sarpanch in the case of a Panchayat, the Pradhan and Up-Pradhan in the case of a Panchayat
CHAPTER II
1WARD SABHA
2[(1) Every ward of the Panchayat as determined in accordance with the provisions of the Sub-sec. (2) of Sec. 12 shall have a Ward Sabha consisting of all adult persons of the Ward in a Panchayat circle.
(2) There shall be at least two meetings of the Ward Sabha every year, one in each half of the financial year.
Provided that upon a requisition in writing by more than one-tenth of the total number of members of the Ward Sabha or, if required by the Panchayat, Panchayat Samiti, Zila Parishad or the State Government, a meeting of the Ward Sabha shall be held within fifteen days of such requisition or requirement.
(3) In all the meetings of the Ward Sabha any matter which the Panchaya
The quorum for a meeting of the 1[Ward Sabha] will be one-tenth of the total number of 2[members but out of which those belonging to Scheduled Castes, Scheduled Tribes, Backward Classes and Women members shall be in proportion to their population.]
3[xxx xxx xxx]
_______________
1. Substituted and shall be deemed to have been substituted with effect on and from 6.12.2000 by section 5 (i) and 1 of Rajasthan Act No. 9 of 2000, published in Rajasthan Gazette, Part-IV-A, Extraordinary, dated 3.5.2000.
2. Substituted and shall be deemed to have been substituted with effect on and from 6.12.2000 by Section 5 (ii) and 1 ibid.
3. Omitted by section 5, ibid.
1[The meeting of the Ward Sabha shall be prescribed over by the Panch or, in his absence by a member of the Ward Sabha to be elected for the purpose by a majority of the members present in the meeting.]
_______________
1. Substituted by section 6, ibid.
Any resolution relating to the matters entrusted to the 1[Ward Sabha] under this Act shall have to be passed by a majority of votes of the members present and voting in the meeting of the 1[Ward Sabha].
_______________
1. Substituted by section 7, ibid.
1[The Ward Sabha shall perform the following functions:-
(a) rendering assistance to the Panchayat in collection and compilation of details required for formulation of development plans;
(b) generating proposals and fixing priority of development schemes and programmes to be implemented in the area of the Ward Sabha;
(c) identification of beneficiaries in order of priority, for the implementation of development schemes pertaining to the area of Ward Sabha;
(d) rendering assistance in effective implementation of development scheme;
(e) suggesting the location of public utilities, amenities and services like street lights, community water taps, public wells, public sanitation units, irrigation facilities et
1[xxx]
_____________
1. Omitted and shall be deemed to have been Omitted with effect on and from 6.1.2000 by section 9 and 1 of Rajasthan Act No. 9 of 2000, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 3.5.2000.
1CHAPTER IIA
GRAM SABHA
(1) There shall be a Gram Sabha for each Panchayat Circle consisting of the persons registered in the electoral rolls relating to the village or the group of villages comprised within the area of the Panchayat.
(2) There shall be at least two meetings of the Gram Sabha every year, one in the first and the other in the last quarter of the financial year:
Provided that upon a requisition in writing by more than one-tenth of the total number of members of the Gram Sabha or, if required by the Panchayat Samiti, Zila Parishad or the State Government, a meeting of the Gram Sabha shall be held within fifteen days of such requisition or requirement.
(3) In the meeting held in the first qua
The quorum for a meeting of the Gram Sabha shall be one-tenth of the total number of members out of which presence or members belonging to the Scheduled Castes, Scheduled Tribes, and Backward Classes and Women members shall be in proportion to their population.
The meetings of the Gram Sabha shall be convened by the Sarpanch of the Panchayat or, in his absence, by the Up-Sarpanch of such Panchayat and such meetings shall be presided over by the Sarpanch or, in his absence by the Up-Sarpanch. In the event of both the Sarpanch and the Up-Sarpanch being absent, a meeting of the Gram Sabha shall be presided by a member of the Gram Sabha to be elected for the purpose by a majority of the members present in the meeting.
Any resolution relating to the matters entrusted to the Gram Sabha under this Act, shall have to be passed by a majority of votes of the members present and voting in the meeting of the Gram Sabha.
The Gram Sabha shall, subject to such conditions and upto such extent and in such manner as may be specified by the State Government from time to time, perform the following functions:-
(a) approve the plans, programmes and projects for social and economic development in order to priority from out of the plans, programmes and projects approved by the Ward Sabha before such plans, programmes and projects are taken up for implementation by the Panchayat;
(b) identification or selection of persons as beneficiaries under the poverty alleviation and other programmes, in order of priority out of the persons by the various Ward Sabha coming under its jurisdiction;
(c) obtaining a certificate from the Ward Sabha concerned that the Panchayat has correctly utilized the funds provided for the plans, prog
(1) The State Government may, by notification in the Official Gazette, declare any local area, or a cantonment board constituted under any law for the time being in force to be Panchayat Circle and for every local area declared as such there shall be a Panchayat.
(2) Every Panchayat Shall, by the name notified in the Official Gazette, be a body corporate having perpetual succession and common seal and shall, subject to any restrictions and conditions imposed by or under this act or any other law, have power to acquire, by purchase, gift or otherwise, to hold, administer and transfer property, both movable and immovable, and to enter into any contract and shall, by the said name, sue and be sued.
(3) The State Government may, at any time, after one month's notice published in the prescribed manner either on its own motion or at the reques
(1) The State Government may, by notification in the Official Gazette, declare any local area within the same district to be a block and for every block declared as such there shall be a Panchayat Samiti having jurisdiction, save as otherwise of the provided in this Act, over the entire block excluding such portions of the block as are included in a Municipality or a cantonment board constituted under any law for the time-being in force:
Provided that a Panchayat Samiti may have its office in any area comprised within the excluded portion of the Panchayat Samiti.
(2) Every Panchayat Samiti shall by the name notified in the Official Gazette, be a body corporate having perpetual succession and common seal and shall, subject to any restrictions and conditions imposed by or under this Act or any other law, have power to acquire, by purchase,
(1) For every district, there shall be a Zila Parishad having jurisdiction, save as otherwise provided in this Act, over the entire district excluding such portions of the district as are included in a Municipality or a cantonment board constituted under any law for the time-being in force:
Provided that a Zila Parishad may have its Office in any area comprised within the excluded portion of the district.
(2) Every Zila Parishad shall bear the name of the District for which it is constituted and shall be a body corporate having perpetual succession and common seal and shall, subject to any restrictions and conditions imposed by or under this Act or any other law, have power to acquire, by purchase, gift or otherwise to hold, administer and transfer property both movable and immovable, and to enter into any contract and shall, by the said name, sue and be sued.
(1) A Panchayat shall consist of -
(a) a Sarpanch, and
(b) directly elected Panchas from as many wards as are determined under Sub-sec. (2)
(2) The State Government shall, in accordance with such rules as may be framed in this behalf, determine the number or wards for each Panchayat Circle, and thereupon so divide the Panchayat Circle into single member wards that the population of each ward is, so for as practicable, the same throughout the Panchayat Circle 1[.]
2[xxx xxx xxx]
___________________
1. Substituted by section 13(i) Rajasthan Act No. 9 of 2000 published in Rajasthan Gazette Part -IV A, Extraordinary dated 03.05.2000.
2. Proviso Omitted by Sectio
(1) A Panchayat Samiti shall consist of -
(a) directly elected members from as many territorial constituencies as are determine under Sub-Sec. (2); 1[xxx]
(b) all members or the Legislative Assembly of the State representing constituencies which comprise whole or partly the Panchayat Samiti area; 2[and]
3[(c) chairpersons of all the Panchayats falling within the Panchayat Samiti]:
Provided that the members referred to in 4[Clause (b) and (c)] shall have a right to vote in all meetings of the Panchayat Samiti except those for election and removal of the Pradhan or Up-Pradhan.
(2) The State Government shall, in accordance with such rules as may be framed in this behalf, determine the number of territorial c
(1) A Zila Parishad shall consist of -
(a) directly elected members from as many territorial constituencies as are determined under Sub-sec. (2):
(b) all members of the Lok Sabha and of the State Legislative Assembly representing constituencies which comprise wholly or partly the Zila Parishad area; 1[xxx]
(c) all members of the Rajya Sabha registered as electors within the Zila Parishad area: 2[;and]
3[(d) chairpersons of all Panchayat Samities falling within the Zila Parishad area;]
Provided that the members referred to in 2[Clause (b), (c) and (d)] shall have a right to vote in all the meetings of the Zila Parishad except those for election and removal of the Pramukh or the Up-Pramukh.
&
1[(1) Seats to be filled by direct election in a Panchayati Raj Institution shall be reserved for -
(a) the Scheduled Casts;
(b) the Scheduled Tribes;
(c) the Backward Classes,
as also for women in accordance with the provisions contained in the succeeding sub-sections.
(2) The number of seats reserved for the Scheduled Castes and the Scheduled Tribes, shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in Panchayati Raj Institution as the population of such Castes or, as the case may be, such Tribes in that Panchayati Raj Institution area bears to the total population of the area.
(3) Such percentag
1[(1) The offices of the Sarpanchas, the Pradhans and the Pramukhs shall be reserved for -
(a) the Scheduled Castes;
(b) the Scheduled Tribes;
(c) the Backward Classes;
as also for women in accordance with the provisions contained in the succeeding sub-sections.
(2) The number of each of such offices reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of each of such offices in the State as the population of such Castes, or as the case may be, such Tribes in the State bears to the total population of the State.
(3) Such percentage, not exceeding 2[twentyone] of offices of Sarpanch o
1[(1) Every Panchayati Raj Institution, unless sooner dissolved under this Act, shall continue for five years from the date of the first meeting of the respective institutions and no longer.
2[Explanation-The meeting held for the election of Chairperson of a Zila Parishad or Panchayat Samiti or, as the case may be, of up-Sarpanch of a Panchayat shall be deemed to be the first meeting of the respective Panchayati Raj Institution.]
(2) The Superintendence, direction and control of the preparation of electoral rolls for and the conduct of, all elections to the Panchayat Raj Institution shall be vested in the State Election Commission.
(3) The election to constitute a Panchayati Raj Institution shall be completed-
(a) before the expiration of its durati
1[(1) For each of the wards or constituencies into which the area of a Panchayati Raj Institution is divided under this Act, there shall be prepared and maintained in the prescribed manner by or under the supervision of the State Election Commission an electoral roll thereof.
(2) Subject to the provisions of Sub-sec. (3) to (6), every person who -
(a) is not less than eighteen years of age on the qualifying date, and
(b) is ordinarily resident in a ward or constituency of the Panchayati Raj Institution concerned.
shall be entitled to be registered in the electoral roll for the ward of constituency.
Explanation-
(i) "Qualifying date", in relation to the preparat
1[If any person makes in connection with-
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which the either knows or believes to be false or does not believe to be true, he shall be punishable, with imprisonment for a term which may extend to one year, or year, or with fine, or with both.
_________________
1. Inserted by section 2 of the Rajasthan Panchayati Raj (Amendment) Act, 1995 (Act No. 7 of 1995), published in Rajasthan Gazette, E.O., Part IV-A dated 26-4-1995 as new section 18-A and 18-B after section 18 (w.e.f. 28-12-1994).
(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 be punishable 1[with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine.]
(2) No suit or other legal proceeding shall is 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 Sub-sec. (1) unless there is a complaint made by order of, or under authority from the State Election Commission or the Chief Elec
1[(1) Except as expressly provided by this Act, every person, who is registered in the electoral roll of any ward or constituency of a Panchayati Raj Institution, shall be entitled to vote in that ward or constituency.
(2) No person shall vote at an election in any ward or constituency if he is subject to any of the disqualification referred to in Sub-sec. (3) of Sec. 18.
(3) No person shall at any election vote in more than one ward or constituency and if a person votes in more than one ward or constituency, his votes in all the wards or constituencies shall be deemed to be void.
Explanation-Election for Panch or Sarpanch or member of a Panchayat Samiti or member of a Zila Parishad, when held simultaneously, shall be deemed as separate elections.
(
Every person registered as a voter in the list of voters of a Panchayati Raj Institution shall be qualified for election as a Panch or, as the case may be, a member of such Panchayati Raj Institution unless such person-
(a) is disqualified by or under any law for the time being in force for the purpose of election to the Legislature of the State of Rajasthan:
Provided that no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years;
1[(aa) if found, guilty of a corrupt practice by order of a competent Court, consequent upon an election petition filed under and in accordance with the provisions of this Act or rules made there under.]
(b) holds a salaried whole-time or part-time appointment
1[(1) Notwithstanding anything contained in any other provisions of this Act, a person shall not be entitled to contest election -
(a) for more than one ward, in case of election of a Panch;
(b) for the seat of Panch in that Panchayat if he contests election as a Sarpanch;
(c) for more than one constituency of a Panchayat Samiti, in case of election of a member of that Panchayat Samiti;
(d) for more than one constituency of a Zila Parishad, in case of election of member of that Zila Parishad;
(2) Every person who may have filed this nomination for seats to a Panchayati Raj Institution for more than one ward or constituency, as the case may be, in contravention of Sub-sec. (1), shall withdraw his candidatu
(1) No person shall, save as expressly authorised by this Act, be member of two or more Panchayati Raj Institutions.
(2) Where a person while being a member of one Panchayati Raj Institution, intends to contest as a candidate for membership of another Panchayati Raj Institution, he may stand as a candidate for such membership notwithstanding anything contained in Sub-sec. (1):
Provided that if he is chosen for the seat for which he contested as a candidate, the seat already held by him shall become vacant on the date on which he is so chosen unless the seat so held is in another Panchayati Raj Institution and the term of that Panchayati Raj Institution is to expire within a period of four months from the date on which he is so chosen.
(3) If any person is simultaneously chosen as a member of t
No person shall remain both the 1[Chairperson, deputy chairperson or member] or a Panchayati Raj Institution and a member of Parliament or a State Legislature or a Municipal Board or a Municipal Council or a Municipal Corporation and if a person who is already a member of Parliament or a State Legislature or a member of a Municipal Board or a Municipal Council or a Municipal Corporation is elected as such1[chairperson, deputy-chairperson or member], then, at the expiration of fourteen days from the date of being elected as such 1[chairperson, deputy-chairperson or member], he shall cease to be such1[chairperson, deputy-chairperson or member] unless he has previously resigned his seat in the Parliament or the State Legislature or Municipal Board or the Municipal Council or the Municipal Corporation, as the case may be:
Provided that if a person, who is already the 1[chairperson, dep
The provisions of Sections 1[125], 126, 127, 127-A, 128, 130, 131, 132, 2[132-A], 133, 134, 134-A, 3[134-B], 135, 135-A, 135-B, 135-C and 136] of the Representation of the People Act, 1951 (Central Act XLIII of 1951) shall have effect as if -
(a) references therein to an election were reference to an election under this Act;
(b) references therein a constituency included references to a ward or a constituency of a Panchayati Raj Institution; and
(c) in Sections 134 and 136 thereof, for the words "by or under this Act", the words and figures "by or under the Rajasthan Panchayati Raj Act, 1994" were substituted.
3[(d) in Sub-sec. (1) of Sec. 135-B, for the words "House of the People or the Legislature Assembly of a State", the words "Panchayati Raj In
1[(1) The State Election Commission may impose reasonable restrictions on the use of vehicles or loud speakers 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 the Panchayati Raj Institution 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-sec. (1), he shall, on conviction, be punishable with a fine which may extend to Rs. 2000/-.
(3) Every person punished under Sub-sec. (1) shall, by an order of the Commission, be liable to be disqualified for being chosen as or for being a member of any Panchayati Ra
The names of persons, whether elected as members of a Panchayati Raj Institution or as Chairperson or Deputy Chairperson of such Institution shall be published in the prescribed manner.
Every member or Chairperson or Deputy Chairperson of a Panchayati Raj Institution shall, before entering upon his duties as such, make and subscribe before the competent authority an oath or affirmation in the prescribed form.
(1) Whenever the election of a member or Chairperson or Deputy Chairperson of a Panchayati Raj Institution has been declared to be void, whenever such member or Chairperson or Deputy Chairperson -
(i) is not found qualified or becomes disqualified under Sec. 19 to hold his office, or (ii) ceases to be so under the provisions of this Act, or
(iii) fails to make the prescribed oath or affirmation in accordance with the provisions of this Act, or
(iv) is removed from office or is suspended under Sec. 38; pr
(v) resigns his office under Sec. 36, or
Whenever a motion of no-confidence is passed against the Chairperson or the Deputy Chairperson of a Panchayati Raj Institution under Sec. 37; or
&nb
(1) Every Panchayat shall have a Sarpanch who must be a person qualified to be elected as a Panch and shall be elected by the electors of the whole Panchayat Circle in the prescribed manner.
(2) If the electors of a Panchayat Circle fails to elect Sarpanch in accordance with this section of if the Panchas fails to elect an Up-Sarpanch, the State Government shall appoint a person to the vacancy till vacancy is filled up by election within a period of six months and the person so appointed shall be deemed to be a duly elected Sarpanch or Up-Sarpanch, as the case may be.
(1) Every Panchayat shall have an Up-Sarpanch.
(2) On the establishment of a Panchayat for the first time under this Act, or on its reconstitution or establishment thereafter, a meeting of the Panchayat shall be called immediately by the Competent Authority who shall himself preside over the meeting, but shall have not right to vote, and in such meeting the Up-Sarpanch shall be elected.
(1) The elected members of the Panchayat Samiti shall, as soon as may be, choose two members from amongst themselves to be respectively the Pradhan and Up-Pradhan thereof, and so often as there is a casual vacancy in the office or Pradhan or Up-Pradhan, they shall choose another member from amongst themselves to be the Pradhan or Up-Pradhan, as the case may be:
Provided that no election shall be held if a vacancy is for a period of less than one month.
(2) The election of Pradhan and Up-Pradhan and the filling up of the vacancies in the said offices shall be in accordance with such rules as may be made.
(1) The elected members of the Zila Parishad shall, as soon as may be, choose two members from amongst themselves to be respectively the Pramukh and Up-Pramukh thereof and so often as there is a casual vacancy in the office of the Pramukh and Up-Pramukh, they shall choose another member from amongst themselves to be the Pramukh or Up-Pramukh, as the case may be:
Provided that no election shall be held if a vacancy is for a period of less than one month.
(2) The election of the Pramukh or the Up-Pramukh of a Zila Parishad and the filling up of vacancies in the said offices shall be in accordance with such rules, as may be made.
Except as otherwise provided in this Act-
(a) the Members and the Chairpersons of a Panchayati Raj Institution shall hold office during the term of the concerned Panchayati Raj Institution; and
(b) the Deputy Chairperson of a Panchayati Raj Institution shall hold office as long as he continues to be a member of the concerned Panchayati Raj Institution.
The Member of a Panchayati Raj Institution, including the Chairperson and Deputy Chairperson of such institution as also the members of any committees or sub-committees of such institution including any Chairman thereof shall be paid such allowances at such rates in such circumstances and subject to such terms and conditions as may be prescribed:
Provided that only one allowances shall be admissible for one day.
(1) The Sarpanch Shall-
(a) be responsible for convening the meetings of the Gram Sabha and preside over such meetings.
(b) be responsible for convening the meetings of the Panchayat and shall preside over and regulate such meetings;
(c) be responsible for the maintenance of records, of the Panchayat;
(d) have the general responsibility for the financial and executive administration of the Panchayat;
(e) exercise administrative supervision and control over the work of the staff of the Panchayat and the officers and employees whose services may be placed at the disposal of the Panchayat by any other authority;
(f) for the transaction of business connected with t
The Pradhan Shall-
(a) convene, preside, and conduct meetings of the Panchayat Samiti;
(b) have full access to all its records;
(c) discharge all duties imposed and exercise all the powers conferred on him under this Act and the rules made thereunder and perform such functions as are entrusted to him by the Government from time to time;
(d) encourage the growth of initiative and enthusiasm in the Panchayats and provide and provide to them guidance in the plans and production programmes undertaken by them and help the growth of co-operation and voluntary organisation therein;
(e) exercise supervision & control over the Vikas Adhikari 1[and Block Elementary Education Officer] for securing implementation of
(1) The Up-Pradhan of a Panchayat Samiti Shall-
(a) in the absence of the Pradhan preside at the meeting of the Panchayat Samiti;
(b) exercise such power and perform such duties of the Pradhan of the Panchayat Samiti as the Pradhan from time to time may subject to the rules made by the Government in that behalf, delegate to him an order in writing; and
(c) pending the election of the Pradhan, or during the absence of the Pradhan from the Panchayat Samiti Area, by reason of leave for a period exceeding thirty days, exercise the powers and perform the duties of the Pradhan.
(2) In the absence of both the Pradhan and the Up-Pradhan, due either to their offices remaining vacant or otherwise, the powers, functions and duties of the Pradhan shall be exercised, performed and discharged by such ele
1[(1) The Pradhan Shall-exercise powers conferred under Clause (b) to (g) of Sec. 33 only after seeking prior approval of the Administration and Establishment Committee constituted under Sec. 56 if the State Government so directs by notification in the Official Gazette.
(2) The Up-Pradhan shall exercise powers conferred under Clauses (b) and (c) of Sub-sec. (1) of Sec. 34 only after seeking prior approval of Administration and Establishment Committee constituted under Sec. 56 if the State Government so directs by notification in the Official Gazette.
(3) An elected member of the Panchayat Samiti empowered to act as Pradhan under Sub-sec. (2) of Sec. 34, shall exercise powers, perform functions and discharge duties of Pradhan only after seeking prior approval of the Administration and Establishment Committee constituted under Sec. 56 if t
(1) The Pramukh Shall-
(a) perform all the duties imposed and exercise all the powers conferred on the Pramukh under this Act & rules made thereunder.
(b) convene, and preside over and conduct meetings of the Zila Parishad;
(c) exercise administrative supervision and control over 1[the Chief Executive Officer and District Education Officer and through them], all officers and other employees of the Zila Parishad and the officers and employees whose services may be placed at the disposal of the Zila Parishad by the State Government and have full access to its records;
(d) exercise such other powers, perform such other functions and discharge such other duties as the Zila Parishad may, by a resolution, direct or as the Government may, by rules made in
1[(1) The Pramukh Shall exercise powers conferred under Clause (a) and Clauses (c) to (h) of Sub-sec. (1) of Sec. 35, only after seeking prior approval of the Administration Establishment Committee constituted under Sec. 57 if the State Government so directs by notification in the Official Gazette.
(2) The Up-Pramukh shall exercise powers conferred under Clauses (b) and (c) of Sub-sec. (2) of Sec. 35, only after seeking prior approval of the Administration and Establishment Committee constituted under Sec. 57 if the State Government so directs by notifications in the Official Gazette.
(3) An elected member of the Zila Parishad empowered to act as a Pramukh under Sub-sec. (3) of Sec. 35 shall exercise powers, perform function and discharge duties of a Pramukh conferred under Clause (a) and Clause (c) to (h) of Sub-sec. (1) of Sec. 35, onl
(1) The Sarpanch, Up-Sarpanch or Panch may resign his office by writing under his hand addressed to the Vikas Adhikari.
(2) A member holding office as Pradhan of the Panchayat Samiti may resign his office at any time by writing under his hand addressed to the Pramukh, Zila Parishad and the Up-Pradhan or a member of a Panchayat Samiti may resign his office at any time by writing under his hand addressed to the Pradhan, Panchayat Samiti.
(3) The Pramukh may resign his office by writing under his hand addressed to the Divisional Commissioner, and the Up-Pramukh or a member, Zila Parishad may resign his office by writing under his hand addressed to the Pramukh.
(4) Every resignation under Sub-secs. (1), (2) and (3) shall take effect on the expiry of fifteen days from the date of its receipt by the
(1) A motion expressing want of confidence in the Chairperson or Deputy Chairperson of a Panchayati Raj Institution may be made in accordance with the procedure laid down in the following sub-sections.
(2) A written notice of intention to make the motion in such form as may be prescribed, signed by not less than one-third of the directly elected members of the Panchayati Raj Institution concerned together with a copy of the proposed motion, shall be delivered, in person by anyone of the members signing the notice to the competent authority.
(3) The competent authority shall thereupon-
(i) forward a copy of the notice, together with a copy of the proposed motion to the Panchayat in the case of a Sarpanch or Up-Sarpanch, to the Panchayat Samiti in the case of a Pradhan or Up-Pradhan and to the Z
(1) The State Government may, by order in writing and after giving him and opportunity of being heard and making such enquiry as may be deemed necessary, remove from office any member including a Chairperson or a Deputy Chairperson of a Panchayati Raj Institution, who-
(a) refuses to act or becomes incapable of acting as such; or
(b) is guilty of misconduct in the discharge of duties or any disgraceful conduct:
Provided that any enquiry under this sub-section may, even after the expiry of the term of the Panchayati Raj Institution concerned be initiated or, if already initiated before such expiry, be continued thereafter and in any such case, the State Government shall, by order in writing, record its findings on the charges levelled.
(2) The Chairp
(1) 1[A] member of a Panchayati Raj Institution shall not be eligible to continue to be such member if he-
(a) is or becomes subject to any of the disqualification specified is Sec. 19; or
(b) has absented himself from three consecutive meetings of the Panchayati Raj Institution concerned without giving information in writing to such Panchayati Raj Institution; or
(c) is removed from the membership; or
(d) resigns from the membership; or
(e) dies; or
(f) fails to make the prescribed oath or affirmation of the office or membership within three months from the date of election or appointment.
(2) Whenever it is made to
1[xxx xxx xxx]
_________________
1. Omitted by Notification No. F 4 (1)/Vidhi/2/2000 (Ordinance No. 2 of 2000) dated 6-1-2000, published in Rajasthan Government Gazette Extraordinary, Part 4 (Kha), Dated 6-1-2000 with immediate effect (Act No. 9 of 2000)
1[xxx xxx]
_________________
1. Omitted by Notification No. F 4 (1)/Vidhi/2/2000 (Ordinance No. 2 of 2000) dated 6-1-2000, published in Rajasthan Government Gazette Extraordinary, Part 4 (Kha), Dated 6-1-2000 with immediate effect (Act No. 9 of 2000).
The event of the office of a member or chairperson or deputy chairperson of a Panchayati Raj Institution becoming vacant by death, removal, resignation or otherwise under this Act shall be forthwith reported to the State Election Commission. An election to fill the vacancy shall be held in such manner as may be prescribed. The foregoing provisions of this Act shall apply to such election and the member or the chairperson or the deputy chairperson so elected shall hold office for the remainder of the term during which the outgoing member or the chairperson or the deputy chairperson would have been entitled to hold office, if the vacancy had not occurred:
Provided that it shall not be necessary to fill up the vacancy if the term of such vacancy would expire within six months from the date of the occurrence of the vacancy.
(1) An election under this Act or the rules made thereunder may be called in question by any candidate at such election by presenting in the prescribed manner to the District Judge having jurisdiction a petition in this behalf on the prescribed grounds and within the prescribed period:
Provided that an election petition presented as aforesaid may, for the reasons to be recorded in writing, be transferred by the District Judge for hearing and disposal to a Civil Judge or Additional Civil Judge (Senior Division) subordinate to him.
(2) A petition presented under Sub-sec. (1) shall be heard and disposed of in the prescribed manner and the decision of the Judge thereon shall be final.
A Panchayati Raj Institution shall, in the conduct of its business follow such procedure as may be prescribed.
(1) A Panchayat shall meet for the transaction of business as often as may be necessary and at lest once a fortnight at the office of the Panchayat and at such time as the Sarpanch may determine.
(2) The Sarpanch may, whenever he thinks fit, and shall, upon the written request of not less than one-third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting.
(3) Seven clear days' notice of an ordinary meeting and three clear days' notice of special meeting specifying the place, date and time of such meeting and the business to be transacted thereat, shall be given by the secretary to the members and such officers as the Government may prescribe, and affixed on the Notice Board of the Panchayat.
(4) The officers to whom notice i
(1) A Panchayat Samiti shall hold a meeting for the transaction at least once a month (hereinafter in this section called the ordinary meeting).
(2) Every meeting of the Panchayat Samiti shall ordinarily be held at the head-quarters of the Panchayat Samiti.
1[(3) The date of the first meeting after election of the Pradhan and Up-Pradhan shall be fixed by the Pradhan] and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Panchayat Samiti, provided that the Pradhan may for sufficient reasons, after the day of the meeting or adjourn it to a subsequent date. The Pradhan may whenever he thinks fit, and shall, upon the written request of not less than on-third of the total number of members and on a date within fifteen days from the receipt of such request call a special meeting. Such request shall specify
Every Zila Parishad shall hold meetings at least once in every three months, at such time and such place within the local limits of the district concerned as the Zila Parishad may fix at the immediately proceeding meeting:
1[Provided that the first meeting after election of the Pramukh and Up-Pramukh shall be held at Zila Parishad headquarters at such date and time as may be fixed by the Pramukh:]
Provided further that the Pramukh may, whenever he thinks fit and when required in writing by one-third of the members of the Zila Parishad to call a meeting shall do so within ten days, failing which the Competent Authority may call a meeting after seven clear days' notice to the members of the Zila Parishad.
_______________
1. Substituted by section 36 of the Rajasthan Act No. 9 of 2000 w.e.f. 3
(1) A quorum for a meeting of a Panchayati Raj Institution shall be one-third of the total number of members. If, at the time appointed for the meeting, a quorum is not present, the presiding authority shall wait for thirty minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future days as he may fix. He shall, similarly, after waiting for thirty minutes adjourn the meeting, if at any time, after it has begun, attention is drawn tot he want of a quorum. A notice of the meeting so fixed shall be pasted in the office of the concerned Panchayati Raj Institution. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before the disposed of at the meeting so fixed irrespective of whether there is not a quorum at such meeting.
Save as otherwi
No act of a Panchayati Raj Institution shall be deemed invalid by reason only of any vacancy in the office of the chairperson or deputy chairperson of such institution or in the number of members prescribed for such Panchayati Raj Institution or appointment of the chairperson or the deputy chairperson or of the members of such Panchayati Raj Institution.
Subject to such conditions as may be specified by the Government from time to time, the Panchayat shall perform the functions and exercise the powers specified in the First Schedule.
Subject to such conditions as may be specified by the Government from time to time, the Panchayat Samiti shall perform the functions and exercise the powers specified in the Second Schedule.
Subject to such conditions as may be specified by the Government from time to time, the Zila Parishad shall perform the functions and exercise the powers specified in the Third Schedule.
(1) The Government may, by notification and subject to such conditions as may be specified in such notification-
(a) transfer to any Panchayat the management and maintenance of a forest situated in the Panchayat area;
(b) make over to the Panchayat the management of waste lands, pasture lands or vacant lands belonging to the Government situated within the Panchayat area;
(c) entrust such other functions as may be prescribed:
Provided that when any transfer of the management and maintenance of a forest is made under Clause (a) the Government shall direct that any amount required for such management and maintenance or an adequate portion of the income from such forest be placed at the disposal of the Panchayat.
(2) The Government may by notificatio
(1) The Government may assign to a Panchayat Samiti or a Zila Parishad functions in relation to any matters to which the executive authority of the State Government extends or the functions which have been assigned to the State Government by the Central Government.
(2) The State Government may, by notification, withdraw or modify the functions assigned under this section.
(1) The Panchayat Samiti or Zila Parishad shall have power to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and, in particular, and without prejudice to the foregoing power, to exercise all powers specified under this Act.
(2) The Panchayat Samiti may, by resolution, delegate to the Vikas Adhikari or any other officer any of the power conferred by or under this Act on a Panchayat Samiti.
(3) The Zila Parishad may, by resolution, delegate to Chief Executive Officer or any officer any of the powers conferred under this Act on a Zila Parishad.
1[(1) Every Panchayat shall constitute standing committee, one each for the following group of subjects, namely:-
(a) Administration and Establishment;
(b) Finance and Taxation;
(c) development and production programmes, including those relating to agriculture, animal husbandry, minor irrigation, co-operation, cottage industries and other allied subjects;
(d) education; and
(e) social services and social justice including rural water supply, health and sanitation, gramdan, communication, welfare of weaker sections and allied subjects.
(2) A Panchayat may constitute a sixth Standing Committee for any of the subjects not enumerated in any group or groups mentione
1[(1) Every Panchayat Samiti shall constitute five standing Committees, one each for the groups of subjects specified in Sub-sec. (1) of Sec. 55-A and may constitute a sixth standing committee for any of the subject not specified in any group or groups of subjects as aforesaid.
(2) In relation to the constitution, term of office and conduct of business of such committees and other cognate matters, the provisions of Sec. 55-A shall mutatis mutandis apply subject to the variation that for the expressions "Sarpanch", "Up-Sarpanch" and "Panchayat" the expressions "Pradhan", "Up-Pradhan" and "Panchayat Samiti" shall respectively be substituted.]
___________________
1. Substituted by Notification No. F.4(1)/Vidhi/2/2000 dated 6-1-2000 (Ordinance No. 2 of 2000) Published in Rajasthan Government Gazette, Extraordinary, Part 4 (Kha) Dated 6-1-
1[(1) Every Zila Parishad shall constitute five standing committees, one each for the groups of subjects specified in Sub-sec. (1) of Sec. 55-A and may group of groups of subjects as aforesaid.
(2) In relation to the constitution, term of office and conduct of business of such committees and other cognate matters, the provisions of Sec. 55-A shall mutatis mutandis apply subject to the variation that for the expressions "Sarpanch", "Up-Sarpanch" and "Panchayat" the expressions "Pramukh", "Up-Pramukh" and "Zila Parishad" shall respectively be substituted.]
___________________
1. Substituted by Notification No. F.4(1)/Vidhi/2/2000 dated 6-1-2000 (Ordinance No. 2 of 2000) Published in Rajasthan Government Gazette, Extraordinary, Part 4 (Kha) Dated 6-1-2000 with immediate effect. (Act No. 9 of 2000).
1[A Panchayat, a Panchayat Samiti or, as the case may be, a Zila Parishad] may at any time call for any document including extracts from the proceedings of the meetings of any standing committee and any return, statement account or report concerning or connected with any matter with which such standing committee has been authorised or directed to deal, and every such requisition shall be compiled with by the standing committee.
_________________
1. Substituted by section 41 of the Rajasthan Act No. 9 of 2000 w.e.f. 3-5-2000.
(1) 1[A Panchayat, a Panchayat Samiti or, as the case may be, a Zila Parishad] may, on application made to it or otherwise, examine the record of any decision of any of its standing committee and may confirm, reverse or modify such decision.
Provided that no action under this sub-section shall be initiated after the expiration of three months from the date of the decision sought to be revised.
(2) The order of the 1[Panchayat, the Panchayat Samiti or, as the case may be, the Zila Parishad] under Sub-sec. (1) reversing or modifying a decision of its standing committee must be supported by a majority of not less than two-third of the total number of its members failing which the decision of the standing committee shall stand.
_________________
1. Substituted by section 42, ibid.
In regard to conduct of business at its meetings, a Standing Committee will follow such procedure as may be prescribed for conduct of such meetings.
1[(1) The State Government may constitute a Vigilance Committee for each Panchayat Samiti area and each Zila Parishad area and such committees shall consist of five members out of which three members shall be elected representatives of the respective Panchayati Raj Institutions.
(2) The Vigilance Committee constituted under Sub-sec. (1) shall supervise the works, schemes and other activities of the concerned Panchayati Raj Institution.
(3) The Vigilance Committee shall submit its reports to the Chairperson of the concerned Panchayati Raj Institution.]
_________________
1. Inserted by Notification No. F4(1)/Vidhi/2/2000 dated 6-1-2000 (Ordinance No. 2 of 2000) published in Rajasthan Government Gazette Extraordinary, Part 4 (Kha) Dated 6-1-2000 with immediate effect. (by section 43 of the Raj
(1) Any person aggrieved by any order or direction of a Panchayats made or issued under this Act or under any rule or bye-law made thereunder may appeal from such order or direction to the Panchayat Samiti having jurisdiction within thirty days from the date of such order or direction exclusive of the time requisite for obtaining a copy thereof.
(2) An appeal under Sub-sec. (1) shall be heard by the standing committee of the Panchayat Samiti constituted under Clause (a) of Sub-sec. (1) of Sec. 56.
(3) The standing committee referred to in Sub-sec. (2) may after hearing the person aggrieved, the Panchayat and any other person affected by the order or direction appealed against, vary, set aside or confirm such order or direction and may also award costs to or against the person filing the appeal.
(4) The decision of the Standing Committ
Section 61 of the Rajasthan Panchayati Raj Act, 1994, primarily deals with the procedure and scope of challenging orders passed by Panchayats, including the right of appeal and the jurisdiction of civil courts. It forms an essential part of the legal framework governing disputes relating to Panchayat decisions, land allotments, encroachments, and other administrative actions under the Panchayati system.
Section 61 provides that orders passed by Panchayats or their authorities are subject to appeal before the Panchayat Samiti or other appellate authorities. It also lays down the procedure for filing appeals, the time limit, and the authority competent to hear such appeals. Additionally, it restricts the jurisdiction of civil courts in matters relating to Panchayat orders, emphasizing the exclusive jurisdiction of Panchayat authorities and appellate bodies.
Section 61’s scope extends to all orders passed by Panchayats under the Act, including land allotments, removal of encroachments, penalties, and other administrative actions. It ensures that such orders are first subjected to an internal appellate process before any civil or judicial proceedings. The section aims to promote finality, discipline, and specialized adjudication within the Panchayati system, preventing unnecessary litigation in civil courts.
Non-compliance with the provisions of Section 61, such as filing a suit without exhausting the statutory appeal process, can lead to dismissal of the suit or proceedings, as courts have held that the jurisdiction of civil courts is barred in such matters. Moreover, filing frivolous or vexatious appeals or proceedings may attract costs or penalties under relevant provisions of the Act or Rules.
Section 61 of the Rajasthan Panchayati Raj Act, 1994, is a crucial statutory provision that consolidates the internal appellate mechanism for Panchayat orders, restricts civil court jurisdiction in such matters, and promotes speedy, specialized resolution of disputes. Its consistent judicial interpretation underscores the importance of exhausting internal remedies before approaching civil courts, thereby strengthening the Panchayati system’s autonomy and efficacy.
If a Panchayat is satisfied that a person has disobeyed a general or special order passed by the Panchayat, it may direct that such person shall pay, by way of penalty, a sum which may extend to two hundred rupees and, in the case of disobedience being a continuing one, a further sum which may extend to ten rupees for every day after the first day after the first day, during which the disobedience continues.
(1) A Panchayati Raj Institution shall have the power to acquire, hold and dispose of property and to enter into contracts: Provided that in all acquisition or disposal of immovable property the concerned Panchayati Raj Institution shall obtain the previous approval of the State Government.
(2) All roads, buildings or other works constructed by a Panchayati Raj Institution with its own funds shall vest in it.
(3) The State Government may allocate to a Panchayati Raj Institution any public situated within the jurisdiction of such Panchayati Raj Institution and thereupon such property shall vest in an under the control of such Panchayati Raj Institution.
(4) Where a Panchayati Raj Institution requires land to carry out any of the purpose of this Act, It may negotiate with the person or persons having interest in the said land or it may
(1) For every Panchayati Raj Institution, there shall be constituted a fund bearing the name of the concerned Panchayati Raj Institution and there shall be placed to the credit thereof:-
(a) Contributions and grants, if any, made by the Central or the State Government including such part of the land revenue collected in the State as may be determined by the Government.
(b) Share of taxes or other revenues as approved by the State Finance Commission;
(c) Contribution and grants, if any, made by any local authority;
(d) Loan, if any, granted by the Central or the State Government or raised by the Panchayati Raj Institution concerned;
(e) All receipts on account of tolls, taxes and fees levied by the concern
(1) Subject to the rules and any orders made by State Government in this behalf, a Panchayat may impose one or more of following taxes, namely:-
(a) a tax on building owned by persons not exceeding such rate as may be prescribed;
(b) an octroi on animals or goods brought within the Panchayat Circle for consumption or use therein;
(c) vehicle tax except on those which are used for the purpose or cultivation;
(d) pilgrim tax;
(e) a tax for arranging the supply of drinking water within the Panchayat Circle;
(f) a tax on commercial crops;
(g) any other tax which the State Legislature has under the Constitution, power to
A Panchayat may impose a special tax on the adult male members of the Panchayat area for the construction of any public work of general utility for the inhabitants of the said area:
Provided that it may exempt any member from payment of this tax in lieu of doing voluntary labour or having it done by another person on his behalf.
A Panchayat may charge fees for any licence or permission granted or given by it for making any temporary erection or for putting up any projection or for the temporary occupation of any public or other land vested in the Panchayat or for any service rendered by it or in respect of any duty performed by it or under the provisions of this Act.
(2) Such fees shall be charged at such rates and in such manner as may be provided for in any rules made under this Act or in bye-laws by the Panchayat and it shall be lawful for the Panchayat to lease the levy of any such fees by public auction.
(1) A Panchayat Samiti may impose and levy in the prescribed manner a tax on the rent payable for the use or occupation of agriculture land, at the rate of fifty paise in a rupee of such rent, such tax being payable by the person or persons severally or jointly in cultivator possession of such land or in respect of any income therefrom.
(2) Subject to the provision of Art. 276 of the Constitution of India and to any general or special orders of the State Government, a Panchayat Samiti may also impose and levy in the prescribed manner all or any of the following taxes, namely:-
(a) a tax on such trades, callings professions and industries as may be prescribed;
(b) a primary education cess; and
(c) a tax in respect of Panchayat Samiti fairs held within the limits of its jurisdiction.
Subject to such maximum rates as the Government may prescribe, a Zila Parishad may levy:-
(a) a fee for licence for a fair or mela;
(b) water rate, where management for the supply of water for drinking, irrigation or any purpose is made by the Zila Parishad within its jurisdiction.
(c) surcharge-
(i) upto five per cent on stamp duty on sale of property in rural areas; and
(ii) upto a half per cent on the market fees referred to in Sec. 17 of the Rajasthan Agriculture Product Market Act, 1961 (Rajasthan Act No. 38 of 1961).
All arrears of cesses, taxes, duties and fees leviable by a Panchayat, Panchayat Samiti or Zila Parishad under this Act or of loans granted by them 1[or any sum due against or recoverable from any Member/Chairperson/Deputy Chairperson/any official of a Panchayati Raj Institution owing to lapse, defalcation by him or otherwise due from him out of funds of the Panchayati Raj Institution] shall be recoverable as arrears of land revenue.
______________________
1. Inserted by Notification No. F4 (1)/Vidhi/2/2000 dated 6-1-2000 (Ordinance No. 2 of 2000) published in Rajasthan Govt. Gazette Extraordinary, Part 4 (Kha) dated 6-1-2000 with immediate effect. (section 45 of the Rajasthan Act No. 9 of 2000).
(1) Any person aggrieved by the assessment, levy or imposition of any tax or fees under this Act may appeal therefrom to the competent authority.
(2) An appeal under Sub-sec. (1) may be preferred within ninety days from the date of the assessment, levy or imposition appealed from and the decision of the competent authority thereon shall be final.
The State Government may suspend the levy or imposition of any tax or fee and may at any time rescind such suspension.
If in the opinion of the State Government, the income of a Panchayat, a Panchayat Samiti, or a Zila Parishad falls below what is necessary for the proper discharge of its duties under this Act, the State Government may require the Panchayat, the Panchayat Samiti or the Zila Parishad to take steps within such period, not being less than six months, as may be specified in the requisition to increase its income to such extent as the State Government considers necessary.
(1) The Sarpanch or as the case may be, the Vikas Adhikari or the Chief Executive Officer shall, before the prescribed date in each, frame and place before the Panchayat, Panchayat Samiti or Zila Parishad respectively, a complete account of the actual receipts and expenditure upto a prescribed date and expected receipts and expenditure for the financial year ending on 31st March, following together with budget estimates of the income, expenditure and other receipt of the concerned Panchayati Raj Institution for the financial year to commence on the first day of April next following.
(2) The concerned Panchayati Raj Institution shall thereupon decide upon the appropriate and the ways and means contained in the budget estimates.
(3) In such estimates, the concerned Panchayati Raj Institution shall among other things-
&
(1) A Panchayati Raj Institution shall keep such accounts and submit such statements to such authorities as may be prescribed.
(2) Accounts of receipts and expenditure of every Panchayati Raj Institution shall be maintained for every financial year in such form as may be prescribed.
(3) An abstract of the annual accounts of a Panchayati Raj Institution showing its income under each head or receipt, the charges for the establishment, works under taken, the sum expended on each work, the balance, if any, remaining unexpended and such other information as may be required by rules, shall be prepared and finalised in the prescribed manner.
(4) All accounts kept and maintained by a Panchayati Raj Institution shall be audited, as soon as may be after the end of each financial year, by the Director, L
(1) Panchayati Raj Institution may, subject to the provisions of any law relating to the raising of loans by local authority for the time being in force, raise from time to time with the approval of the State Government loans for the purposes of this Act and create a sinking fund for the repayment of such loans.
(2) A Panchayati Raj Institution may borrow money from the Government or, with the previous sanction of the Government, from Banks or other financial institutions, for furtherance of its objectives on the basis of specific schemes drawn up by such Panchayati Raj Institution for the purpose.
A Panchayati Raj Institution may out of its fund grant loans for the furtherance of its activities to such persons, institutions or societies and, subject to such terms and conditions, as may be prescribed.
(1) Subject to the provisions of this Act and Rules made thereunder -
(a) there shall be for every Panchayat a Secretary 1[xxx] who shall be appointed in the prescribed manner,
(b) every Panchayat may with the previous approval of the Panchayat Samiti; appoint such other staff as may be necessary for carrying out the duties imposed on it by or under this Act on such conditions of service of as may be prescribed.
(2) It shall be the duty of the Secretary of every Panchayat 1[xxx], subject to the control of the Sarpanch-
(a) to keep the records and registers of the Panchayat in his custody;
(b) to issue receipts under his signature for sums of money received on behalf of the Panchayat;
(1) The State Government shall appoint for each Panchayat Samiti a Vikas Adhikari 1[, a Block Elementary Education Officer] and such other Extension Officers as well as Accountants and Junior Accountants as it may consider necessary.
(2) The Vikas Adhikari, Extension Officers, Accountant and Junior Accountant appointed under Sub-sec. (1) shall be -
(a) either persons encadred in a State Service or person holding posts under the State Government;
(b) regarded as being on deputation to the Panchayat Samiti on such terms and conditions as may be prescribed; and
(c) liable to transfer by the State Government.
_______________
1. Inserted by Section 47 of Rajasthan Act No. 9 of 2000.
(1) The State Government shall fix the strength of each category of posts other than those referred to in Sec. 79 which it may consider necessary for each Panchayat Samiti and shall prescribe the scales of pay and allowances and other conditions of service of the persons appointed to such posts.
(2) With the prior approval of the State Government, every Panchayat Samiti may, if it thinks necessary, create additional posts of each such category carrying the same scales of pay, and allowances and other conditions of service as are prescribed under Sub-sec. (1).
(3) Appointment to post in Class IV Services fixed under Sub-sec. (1) or created under Sub-sec. (2) shall be made by the Vikas Adhikari in the prescribed manner.
(4) Appointments to other posts fixed under Sub-sec. (1) or created under Sub-sec. (2) shall be made by the Panchayat
(1) The Vikas Adhikari shall -
(a) issue notices, under instructions from the Pradhan and the Chairman of Standing Committees, for meetings of the Panchayat Samiti and Standing Committees thereof;
(b) attend all such meetings and record and maintain the minutes thereof;
(c) participate in the deliberations of such meetings; and
(d) draw and disburse moneys out of the Panchayat Samiti fund:
Provided that the Pradhan may, for reasons to be recorded in writing stop any such payment and place the matter before the Panchayat Samiti or the Standing Committee concerned; and
(e) exercise such other powers and perform such other functions as are conferred or imposed on
1[The Block Elementary Education Officer shall -
(a) act as officer incharge of elementary education for the Panchayat Samiti, and
(b) exercise such powers and perform such other functions as are conferred upon, or assigned to, him by the State Government.]
_______________
1. Inserted by section 48 of the Rajasthan Act No. 9 of 2000.
(1) An officer of the Indian Administrative Service or Rajasthan Administrative Service 1[or a Project Director specially selected by the Rural Development Department.] shall be the Chief Executive Officer of the Zila Parishad who shall be appointed by the Government. Likewise, the Government may appoint an Additional Chief Executive Officer for a Zila Parishad on such terms and conditions as may be prescribed.
1[Explanation - The Chief Executive Officer shall include an Additional Chief Executive Officer.]
(2) The Government shall also appoint a Chief Accounts Officer 1[, a District Elementary Education Officer] and a Chief Planning Officer for each Zila Parishad.
(3) The Government shall post from time to time in every Zila Parishad such number of its officers as the Government considers nec
The provisions of Sec. 80 shall apply in relation to the staff of a Zila Parishad subject to the variation that for the expressions "Sec. 79", "Panchayat Samiti" and "Vikas Adhikari" occurring therein, the expressions "Sec. 82", "Zila Parishad" and Chief Executive Officer" shall respectively be substituted.
(1) Save as otherwise expressly provided by or under this Act, the Chief Executive Officer shall -
(a) carry out the policies, decisions and directions of the Zila Parishad, and take necessary measures for the speedy execution of all works and development schemes of the Zila Parishad;
(b) discharge the duties imposed upon him by or under this Act or the rules and regulations made thereunder;
(c) control the officers and servants of the Zila Parishad subject to the general superintendence and control of the Zila Parishad and such rules as may be made;
(d) have custody of all papers and documents relating to the Zila Parishad; and
(e) draw the disbursed money out of the Zila Parishad funds and exercise such
The Vikas Adhikari in the absence of the Pradhan and the Chief Executive Officer in the absence of the Pramukh from the headquarters may in case of emergency such as fire, flood, epidemic or the like, direct the execution of any work or the doing of any act, which would ordinarily require the sanction of the Panchayati Raj Institution concerned or of a Standing Committee thereof and the execution or the doing of which is, in his opinion necessary for the welfare or safety of the public or prevention of damage to property and may also direct that the expenses of executing such work or doing such act shall be paid from the fund of the Panchayati Raj Institution concerned. In every such case, he shall forthwith report the action taken and the reason therefore to the authority competent sanction such work or the doing of such act.
All gazetted officers of the State Government shall be entitled to attend the meetings of the Panchayat Samiti or Zila Parishad and their Standing Committees and to participate in the deliberation of such meetings relating to matters concerning their department.
Notwithstanding anything contained in any programmes which a Panchayat Samiti or Zila Parishad decides to carry out for the benefit of any one Panchayat Circle, shall be the responsibility of and shall be carried out or executed, as the case may be, through the agency of the Panchayat of that Panchayat Circle.
(1) Every person in possession of moneys, accounts, records or other property pertaining to a Panchayati Raj Institution shall on the requisition in writing of the Chief Executive Officer for this purpose, forthwith handover such moneys or deliver up such accounts, records or other property to the Chief Executive Officer or the persons authorised in the requisition to receive the same.
(2) The Chief Executive Officer may also take steps to recover any money due from any such person in the same manner and subject to the same provisions as in the Rajasthan Land Revenue Act for the recovery of the arrears or land revenue from defaulters and or the purpose of recovering the accounts, records or other property appertaining to a Panchayati Raj Institution may issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the pr
There shall be constituted for the State service designated as the Rajasthan Panchayat Samiti and Zila Parishad Service and hereafter in this section referred to as the service and recruitment thereto shall be made district-wise[:]
1[Provided that selection for the posts specified in clause (iii) of sub-section (2) shall be made at the State Level.]
(2) The Service may be divided into different categories, each category being divided into different grades, and shall consist of -
(i) Village level workers;
(ii) Gramsevikas
Provided that selection for the posts specified in clause (iii) of sub-section (2) shall be made the State level.
(iii) 2{Primary and Upper P
(1) For each District, there shall be a District Establishment Committee consisting of the following -
(i) Zila Pramukh, as the Chairman,
(ii) Chief Executive Officer, and
1[(iii) District/Elementary Education Officer (where the matter before the said committee relates to the appointment of, or disciplinary proceedings against, a teacher of a primary school); and
(iv) An officer nominated by the competent authority.
(2) The District Establishment Committee shall-
(a) make selection on the posts in different grades and categories 2[except the post specified in clause (iii) of sub-section 89] existing in the service in the Panchayat Samiti and the Zila Parishad i
(1) The conduct of disciplinary proceedings that may be started against, and the punishments that may be inflicted in such proceedings on, the officers and servants of Panchayat Samitis and Zila Parishads, other than officers referred to in Secs. 79 and 82 shall be governed and regulated by rules made by the State Government in this behalf.
(2) Subject to such rules-
(a) all or any of the prescribed punishments may be inflicted on all persons holding posts in Class-IV Services-
(i) by the Vikas Adhikari or a Panchayat Samiti, if such persons are servants of that Panchayat Samiti; 1(xxx)
(ii) by the Chief Executive Officer of a Zila Parishad, if they are servants of that Zila Parishad; 1(xxx)
2[(iii) where
(1) The State Government shall be the Chief Superintending and Controlling Authority in respect of all matters relating to the administration of Panchayati Raj Institution and may; by an order in writing cancel any resolution or order passed by a Panchayati Raj Institution or any Standing Committee thereof if in its opinion such resolution is not legally passed or is in excess or abuse of the powers conferred by or under this Act or under any law for the time being in force, or if its execution is likely to cause danger to human life, health or safety of person or property or is likely to cause a breach of the peace.
(2) The State Government shall, before taking action under Sub-sec. (1), give to the Panchayati Raj Institution concerned a reasonable opportunity for explanation.
(3) If, in the opinion of the Collector immediate action is necessary to suspend a resolution of any P
(1) On a complaint made, or otherwise if the State Government is satisfied that a Panchayati Raj Institution has been guilty of making default in performing and duty imposed upon it by or under this Act, it may after due enquiry, by order in writing fix period for the performance of that duty and such order shall in writing fix period for the performance of that duty and such order shall forthwith be communicated to the Panchayati Raj Institution concerned.
(2) If that duty is not performed within the period so fixed, the State Government may appoint some person to perform it and direct that the expenses incurred in the performance of such duty together with a reasonable remuneration to the person appointed to perform it, shall be forthwith paid by the Panchayati Raj Institution concerned.
(3) If the expenses and remuneration are not so paid, the State Government may make an ord
If at any time Government is satisfied that a Panchayati Raj Institution 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 have exceeded or abused its powers, the Government may by an order published, along with the reasons thereof, in the Official Gazette, declare the Panchayati Raj Institution to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and may dissolve such Panchayati Raj Institution on and from a date to be specified in the order of dissolution:
Provided that no action shall be taken under this sub-section unless the Panchayati Raj Institution has been afforded a reasonable opportunity of submitting an explanation and of being heard if the Panchayati Raj Institution so desires.
Explanation - If for any reason the number of vaca
Section 94 of the Rajasthan Panchayati Raj Act, 1994, pertains to the powers vested in the State Government regarding the dissolution of Panchayati Raj Institutions. It is a crucial provision that enables the state to maintain administrative control and ensure proper functioning of Panchayats.
Section 94 grants the Government the authority to dissolve a Panchayati Raj Institution if it is satisfied that such dissolution is necessary for reasons including maladministration, failure to perform functions, or for other reasons deemed fit by the Government.
The scope includes:- Dissolution of any Panchayati Raj Institution within Rajasthan.- The power is discretionary but must be exercised in accordance with the criteria laid down.- It is a measure of last resort to restore order or address issues within Panchayats.
Section 94 itself does not specify any punishment but provides a mechanism for dissolution. However, misuse or arbitrary exercise of this power can lead to legal challenges, including allegations of abuse of authority.
Note: The references are based on the provided sources, primarily the detailed commentary in "Nathi Devi VS State of Rajasthan," which discusses the scope, procedural aspects, and judicial considerations related to Section 94.
(1) When a Panchayati Raj Institution is dissolved under this Act, following consequences shall ensue:-
(a) all the members of the Panchayati Raj Institution including the Chairperson shall, on the date of dissolution vacate their respective offices but without prejudice to their eligibility for re-election or re-appointment.
(b) all powers and duties of the Panchayati Raj Institution shall, during the period of dissolution, be exercised and performed by such administrator as the State Government may appoint in this behalf; and
(c) all property vested in the Panchayati Raj Institution shall, during the period of dissolution, vest in the Government.
(2) If it shall not be possible to reconstitute the Panchayati Raj Institution within the time specifi
Section 95 of the Rajasthan Panchayati Raj Act, 1994, deals with the consequences and procedural aspects following the dissolution of Panchayati Raj Institutions. It provides a legal framework for the administration during the period of dissolution and specifies the appointment of administrators to manage the dissolved bodies.
Section 95 outlines the effects of the dissolution of a Panchayati Raj Institution, including the vesting of property in the government, the appointment of administrators, and the transitional provisions to ensure continuity of governance during the dissolution period.
Section 95 applies to all Panchayati Raj Institutions that are dissolved under the Act, whether at the village, block, or district level. It governs the legal and administrative procedures during the transitional period following dissolution, including property management and administrative control.
The section itself primarily deals with administrative procedures and does not specify direct punishments. However, contravention of provisions under this section or related provisions may attract penalties under the broader framework of the Act, such as penalties for contravention of the Act’s provisions [Source: ""].
Note: The analysis is based on the available sources and the typical legal interpretation of Section 95 of the Rajasthan Panchayati Raj Act, 1994.
1[Notwithstanding anything contained in this Act, an Administrator exercising the powers and performing the duties of a Panchayati Raj Institution on the date of coming into force of the Constitution (Seventy Third Amendment) Act, 1992, shall continue to do so till 31st March, 1995 or till the concerned Panchayati Raj Institution is constitution after the first election held under the provisions of the Act, whichever is earlier.]
_________________
1. Inserted by section 8 of the Rajasthan Panchayati Raj (Amendment) Act, 1994 (Act No. 23 of 1994) published in Rajasthan Gazette Extra-ordinary, Part IV (A) dated 06.10.1994 as a new section (95-A) after section 95 (w.e.f. 23-01-1994).
It shall be lawful for a Panchayati Raj Institution with the sanction of the State Government, to invest any surplus funds in its hands, which may not be required for current charges, in public securities in the name of the Panchayat, Panchayat Samiti or the Zila Parishad, as the case may be.
(1) The State Government may, either of its own motion or on an application from any person interested, call for and examine the record of a Panchayati Raj Institution or of a Standing Committee or Sub-Committee thereof in respect of any proceedings to satisfy itself as to the correctness, legality or propriety of any decision or order passed therein or as to the regularity of such proceedings and, if in any case, it appears to the State Government that any such decision or order be modified, annulled, reversed or remitted for reconsideration, it may pass order accordingly:
Provided that the State Government shall not pass any order prejudicial to any party unless such party has a reasonable opportunity of being heard in the matter.
(2) The State Government may stay the execution of any such decision or order prejudical to any party, pen
Legal Comments
"Section 97" - Revisional jurisdiction - State Government may call for and examine records of Panchayati Raj Institution to satisfy correctness, legality or propriety; may modify, annul, reverse, or remit for reconsideration - [Bhupat Singh VS State of Rajasthan]
"Section 97" - Power to review own order - Additional Collector/State Government acting as delegate may review and revise earlier orders under Section 97(3) or via Rule 157 (Rules, 1996) - [Khusal Singh VS State of Rajasthan]
"Section 97(2)" - Requirement of reasons when vacating interim orders (natural justice) - When stay/interim orders are vacated, reasons must be provided; failure vitiates order - [Lrs of Adreem VS District Collector]
"Section 97" - Delay in revision petitions - Courts consistently require reasonable time; three-year outer limit often treated as prudent though revisional power can extend for justification; gross delays (9–10 years) typically not justified - [Phooli VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )], [Dhagli VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )], [Chena Ram VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )], [Swaroopa Ram VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )]
" Tara & Ors. v. State of Rajasthan" (Full Bench) cited in multiple matters establishing three-year outer limit for challenging patta/allotment; used to assess timeliness of revisions - [Phooli VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )], [Gopa Ram VS State of Rajasthan, Through The District Collector, Jodhpur (raj. )], [Dhagli VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )]
"Rule 157" (Rules, 1996) - Procedure for patta issuance; revisional authority may examine compliance with Rules and may remand for proper proceedings; patta issued contrary to Rules can be set aside - [Lalit Kumar VS State of Rajasthan], [01700059616], [Hadman Ram VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )]
"Rule 143" (Rules, 1996) - Allotment adjoining residential land must follow due procedure; auctions must be conducted with site reports and notifications; violations lead to revision set aside - [Johari Lal VS State of Rajasthan]
"Rule 140, 141, 143, 144, 148, 150, 156" (Rules, 1996) - Comprehensive framework for abadi land allotment by Gram Panchayat; non-compliance leads to invalid pattas and permissible revisional action - [Uma Soni VS State of Rajasthan]
"Registration/Patta" - Registration of pattas does not confer title; revision under Section 97 can annul pattas found illegal or issued contrary to procedure; registration is not a safe harbor for validity - [GHEWAR CHAND S/O SOMRAJ VS STATE OF RAJASTHAN THROUGH SECRETARY TO GOVERNMENT], [Issack Khan VS State of Rajasthan]
"Delay justified by public interest/weaker sections" - Courts sometimes recognize justification where revision petitions involve welfare/public interest or where delay is adequately explained; otherwise, delays are fatal to revisions - [Hadman Ram VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )], [Bhana Ram VS State of Rajasthan, Thr The District Collector, Jodhpur (raj)]
"Pattas cancelled" - Where pattas were illegally issued or in clandestine manner, revisional authority may cancel; such cancellation can be sustained if procedure and rules were violated - [Ramchandra Singh VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )], [Dhagli VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )], [Swaroopa Ram VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )]
"Remand for merits" - When revision petitions are allowed after a delay or by order with meritorious questions, courts remand to revisional authority to decide afresh on merits in accordance with law - [Mohan Lal VS State of Rajasthan], [Bhupat Singh VS State of Rajasthan]
"Private negotiation vs auction" - Patta issued through private negotiation contrary to Rule 156 (Rules, 1996) or Rule 143 is typically set aside; auction/notice violations are decisive in revision - [Prakash Chandra VS District Collector, Bhilwara], [Dhagli VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )]
"Interplay with other Acts" - Section 97 interacts with Rajasthan Tenancy Act and other provisions; revisional review may consider suo moto legality of Panchayat proceedings; not limited to patta authenticity alone - [Hanumana Ram Jat VS District Collector, Churu], [Hanumana Ram VS District Collector]
"Maintainability despite pending appeals" - Revision petitions remain maintainable even if other remedies exist; the state government’s revisional power is supervisory and independent of other remedies - [Khusal Singh VS State of Rajasthan], [Jagdish VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )]
"Outcome in many cases" - Revisions filed after long delays (9–10 years) are often held not justifiable; writ petitions frequently quash impugned orders and reinstate pattas when delay is unjustified and procedure previously violated - [Bhana Ram VS State of Rajasthan, Thr The District Collector, Jodhpur (raj)], [Chena Ram VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )], [Swaroopa Ram VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )]
"Sarpanch/Gram Panchayat resolutions" - Copies of Gram Panchayat resolutions and procedural records are often required on record to uphold patta validity; absence can undermine patta and favor revision - [Mangilal son of Shri Kanaram VS State of Rajasthan through District Collector]
"Section 97(4)" - Delegation of powers to suspension/review – quasi-judicial/suspension matters may fall under Section 38(4) or delegated powers; appellate review is available under Section 97 - [Bhupat Singh VS State of Rajasthan], [Mool Chand VS State of Rajasthan]
"Natural justice in interim matters" - Courts insist on fair process and reasoned orders when vacating interim protective orders; failure to provide reasons leads to quashing - [Lrs of Adreem VS District Collector]
"Outcome precedence" - Several decisions establish that where pattas were obtained fraudulently or via illegal proceedings, revisional authority may cancel; such outcomes are supported by Tara and subsequent rulings - [01700055739], [Hadman Ram VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )]
"Remedies for affected parties" - Courts emphasize protection of weaker sections; unjustified delays or procedural violations harming vulnerable groups may warrant restoration of pattas or remand for proper proceedings - [Hadman Ram VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )], [Dhagli VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )]
"Judicial stance on time limits" - Across opinions, time limits under Section 97 are treated with caution: timely challenges are favored; extraordinary jurisdiction should not rescue patta obtained through irregularities - [Bhanwar Lal VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )], [Swaroopa Ram VS State of Rajasthan, Thr. The District Collector, Jodhpur (raj. )]
"Key takeaway" - Section 97 empowers a supervisory revisional power to ensure legality/propriety of Panchayat decisions; timeliness, adherence to rules, and procedural fairness are central to upholding pattas or canceling them - [Bhupat Singh VS State of Rajasthan], [Lalit Kumar VS State of Rajasthan]
1[(1) Any person aggrieved by an order or direction of a Panchayat Samiti, made or issued under this Act or under any rule made thereunder may appeal against the order or direction given to Zila Parishad having jurisdiction within thirty days from the date of such order or direction and the time taken in obtaining a copy thereof shall be excluded in computing the same period.
(2) Any person aggrieved by any order or direction of a Zila Parishad made or issued this Act or under any rule made thereunder may appeal against the order or direction given to the Divisional Commissioner having jurisdiction within thirty days from the date of such order or direction and the time taken in obtaining a copy thereof shall be excluded in computing the said period.]
________________
1. Inserted by Section 54 of Rajasthan Act No. 9 of 2000.
The State Government may, by notification in the Official Gazette, delegate-
(a) all or any of its power under this Act to any officer or authority subordinate to it, and
(b) all or any of the power of the officer-in-charge of Panchayats under this Act to any other officer or authority.
For the discharge of such functions in regard to the administration of Panchayats as are provided for in this Act or as may be prescribed thereunder, the State Government may appoint an Officer-in-charge of Panchayats with such designation as it may from time to time notify and such other subordinate officers and staff as the State Government may deem necessary.
The State Government or any other 1[Officer] generally or specially authorised by the State Government in this behalf may -
(a) inspect or cause to be inspected any immovable property owned and used or occupied by a Panchayati Raj Institution or any work in progress under the direction of such Panchayati Raj Institution;
(b) by an order in writing call for and inspect a book or document in the possession or under control of a Panchayati Raj Institution.
(c) likewise require a Panchayati Raj Institution to furnish such statements, reports or copies of documents relating to the proceedings or the duties of such Panchayati Raj Institution as it thinks fit;
(d) record in writing for the consideration of a Panchayati Raj Institution, any observation whic
(1) The State Government may, at any time, after one month's notice published in the prescribed manner either on its own motion or at the request made in this behalf, and by notification in the Official Gazette-
(a) declare the whole or a part of any local area included within the limits of a Municipality to be a Panchayat Circle; or
(b) include in a Panchayat Circle and such local area or a part thereof, or as the case may be, any local area included within the limits of another Panchayat Circle; or
(c) otherwise alter the limits of a Panchayat Circle by amalgamating one Panchayat Circle into another or by splitting up a Panchayat Circle into two or more Panchayat Circles; or
(d) exclude the whole or a part of any local area from a Panchayat Circle
Section 101 of the Rajasthan Panchayati Raj Act, 1994, deals with the alteration, reorganization, and delimitation of Panchayati Raj Institutions (PRIs), including the boundaries and constituencies of Gram Panchayats, Panchayat Samitis, and related electoral units. It is a legislative provision that empowers the State Government to modify the territorial extent of local self-governments in accordance with demographic and administrative needs, while also establishing procedural safeguards and limitations, especially regarding judicial review and the finality of delimitation.
Section 101 provides that the State Government may, after giving a one-month notice published in the prescribed manner, issue notifications to:- Declare any part of a local area within a municipality as a Panchayat Circle.- Include any local area within the limits of another Panchayat Circle.- Alter the limits of Panchayat Circles by amalgamation or splitting.- Exclude any local area from a Panchayat Circle, especially when it ceases to be a rural area or is included within a municipality.
It also stipulates that such alterations can be made either on its own motion or at the request of local bodies, with the process involving the publication of notices, objections, hearings, and recommendations by District Collectors, followed by final notifications.
Section 101(2) further states that, upon such alteration, the State Government shall make provisions for establishing new Panchayats, conducting elections, or dissolving existing ones, with the appointment of administrators if necessary, especially when the Panchayat is dissolved or reconstituted.
Crucially, Section 101(7) emphasizes that, except as provided therein, its provisions shall have effect notwithstanding anything contained in the Act or other laws, underscoring the legislative intent that these procedures are paramount.
While Section 101 itself does not specify criminal penalties, violations such as issuing notifications without following prescribed procedures or breaching the mandatory notice provisions can attract legal consequences under the Rajasthan Panchayati Raj Act, 1994, and related laws. For example:- Under Section 109, penalties include fines for filing suits without proper notice.- Unauthorized or arbitrary boundary changes may be declared null and void by courts.- Administrative officers or officials acting in contravention of statutory procedures risk disciplinary action or legal proceedings.
Section 101 of the Rajasthan Panchayati Raj Act, 1994, provides a comprehensive legislative framework for the delimitation, boundary reorganization, and reconstitution of Panchayats. It emphasizes procedural compliance, finality of notifications, and limits judicial interference to procedural aspects, especially after the final notification. The jurisprudence consistently reinforces that boundary modifications under this section are legislative acts protected from challenge unless procedural violations are established prior to the final notification, ensuring stability and sanctity of electoral and administrative boundaries.
(1) The State Government may, by notification in the Official Gazette, make rules, consistent with this Act, to carry out the purpose thereof.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made -
(a) for the whole or any part of the State of Rajasthan and for all or any Panchayati Raj Institution;
(b) to provide for any matter for which power to make provision in conferred expressly or by implication on the State Government by or under this Act; and
(c) for the guidance of the Panchayati Raj Institution and of servants and authorities of the matter connected with the carrying out of the provisions of the Act; and
(d) to provide for the levy of fees for
(1) The Zila Parishad may, and when required by the State Government, shall make bye-laws for any Panchayat, consistent with this Act and the rules made thereunder, for the purpose of promoting and maintaining the health, safety and convenience of persons residing within the jurisdiction of such Panchayat and for furtherance of the administration of Panchayats under this Act.
(2) All bye-laws made under this section shall be published in the Official Gazette.
(1) Subject to the provisions of this Act and the rules made thereunder, a Panchayat may frame bye-laws consistent with any bye-laws made under Sec. 103-
(a) to prohibit the removal or use of water for drinking purposes from any source which is likely to cause danger to health and to prohibit the doing of anything likely to contaminate any source of drinking water;
(b) to prohibit or regulate the discharge of waste from any drain or premises on a public street or into a river, pond, tank, well or any other place;
(c) to prevent damage to public streets and Panchayat property;
(d) to regulate sanitation, conservancy and drainage in its Panchayat Circle;
(e) to prohibit or regulate the use of public streets
(1) A Panchayat Samiti or Zila Parishad may from time to time make bye-laws, not inconsistent with the provisions of this Act or the rules made thereunder, for carrying out the purpose for which it is constituted.
(2) No bye-laws made by a Panchayat Samiti or Zila Parishad shall take effect unless they are sanctioned by the State Government.
(3) The bye-laws as sanctioned by the State Government shall come into force on their publication in the Official Gazette.
In making a rule or a bye-law under this Act, the authority making the rule or bye-law may also provide that a breach there of shall be punishable with fine which may extend to two hundred Rupees and when the breach is a continuing one, with a further fine which may extend to ten rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.
(1) If any dispute arises between two Panchayati Raj Institution or between a Panchayati Raj Institution and any other local authority, it shall be referred to the State Government.
(2) The decision of the State Government on such dispute shall be final and shall not be questioned through any suit of other proceeding before any Civil Court.
The members, officers and servants of a Panchayati Raj Institution and a Standing Committee or Sub-Committee thereof shall be deemed to be public servants within the meaning of Sec. 21 of the Indian Panel Code, 1860 (Central Act 45 of 1860).
(1) No suit or other civil proceeding against a Panchayati Raj Institution or against any member, officer or servant thereof or against any person acting under the direction of a Panchayati Raj Institution or any member, officer or servant thereof for anything done or purporting to be done under this Act in its or his official capacity-
(a) shall be instituted until the expiration of two months, after notice in writing, stating the cause of action, the name and place of adobe of the intending plaintiff and the nature of the relief which he claims, he has been delivered or left at its office or in the case of a member, officer, servant or person as aforesaid delivered to him or left at the office or at his usual place of abode, and he plaint shall in each such case contain a statement that such notice has been so delivered or left, or
(b)
Section 109 of the Rajasthan Panchayati Raj Act, 1994, prescribes the mandatory procedure of prior notice before filing a suit or civil proceeding against a Panchayati Raj Institution, its members, officers, or servants for acts done in their official capacity. This provision aims to balance the rights of individuals to seek legal remedy with the need to protect Panchayats from frivolous or vexatious litigation, ensuring the sovereignty and effective functioning of Panchayati Raj Institutions.
Section 109 mandates that no suit or civil proceeding can be instituted against a Panchayati Raj Institution, its members, officers, or servants for acts done under the Act in their official capacity unless:- A written notice, stating the cause of action, the plaintiff's details, and the relief sought, is served at least two months prior to filing.- The notice is delivered or left at the Panchayat’s office or with the concerned member/officer.- The suit is not filed within six months of the cause of action unless it pertains to recovery of immovable property or a declaration of title.- When the notice is intended for a Panchayat, Panchayat Samiti, or Zila Parishad, it must be addressed to the Sarpanch, Vikas Adhikari, or Chief Executive Officer, respectively.
Failure to serve the mandatory notice under Section 109 results in:- Dismissal of the suit or proceeding.- Barred or barred suit, as courts may dismiss or reject the case under Order 7 Rule 11 CPC.- The suit or proceeding becomes liable to be barred on grounds of non-compliance, as courts have consistently held that this section is mandatory.
In conclusion, Section 109 of the Rajasthan Panchayati Raj Act, 1994, enshrines a mandatory procedural safeguard designed to protect Panchayats from frivolous litigation, ensuring that proper notice is given before initiating any civil proceedings against them. Non-compliance results in automatic dismissal, reinforcing the importance of adherence to procedural formalities in suits involving Panchayats.
Every police officer shall give immediate information to the Panchayat of an offence coming to his knowledge which has been committed against this Act or any rule or bye-law made thereunder and shall assist all Panchas, officers and servants of the Panchayat in the exercise of their lawful authority.
(1) Every member of a Panchayati Raj Institution including the Chairperson or deputy Chairperson thereof shall be liable to the Panchayati Raj Institution of which he is such member or, as the case may be, such Chairperson or deputy Chairperson for the loss, waste or mis-application of any money or other property belonging to such direct consequences of his neglect or misconduct while in office as such member or, as the case may be such Chairperson or deputy Chairperson.
(2) Whenever, on a complaint made by a Panchayati Raj Institution or otherwise the competent authority is of opinion that any such member or, as the case may be, such Chairperson or deputy Chairperson has caused or done any loss, waste or mis-application of any money or other property belonging to the Panchayati Raj Institution the competent authority shall give notice to the concerned office-bearer of the allegati
The Rajasthan Panchayati Raj Act, 1994, serves as a legislative framework for the governance of rural areas in Rajasthan through a system of Panchayati Raj Institutions (PRIs). Section 111 specifically addresses the liabilities of members, including Chairpersons and Deputy Chairpersons, of these institutions, establishing accountability for financial transactions and procedural compliance.
Section 111 outlines the liability of members of Panchayati Raj Institutions for any financial irregularities or misconduct in the performance of their duties. It mandates that members can be held accountable for losses incurred by the Panchayat due to their actions or omissions.
The scope of Section 111 extends to all members of Panchayati Raj Institutions, including Chairpersons and Deputy Chairpersons. It applies to any financial transactions or decisions that result in a loss to the Panchayat, thereby ensuring accountability at all levels of local governance.
While Section 111 does not explicitly prescribe punishments, it implies that members may face financial recovery actions or other administrative consequences for failing to comply with the provisions of the Act.
No party to a civil proceeding before a Panchayati Raj Institution shall be entitled, as of right, to be represented by a legal practitioner.
No notice issued under this Act shall be invalid on account of any defect or omission in its form.
The Sarpanch of a Panchayat and, if authorised in this behalf, any Panch, Officer or servant thereof, may enter into or upon any building or land with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a Panchayat is authorised by this Act or by rules or bye-laws made thereunder, to make or execute or which it is necessary for a Panchayat for any or the purpose or in pursuance of any of the provisions of this Act or of rules or bye-laws thereunder to made or execute:
(a) except when it is in this Act or in rules or bye-laws thereunder otherwise expressly provided, no such entry shall be made between sunset and sunrise;
(b) except when it is this Act or in rules or bye-laws thereunder otherwise expressly provided, no building which is used as a human dwelling shall be so entered except wi
Upon the publication of the figures of each census, the number of seats of a Panchayati Raj Institution shall be determined by the State Government on the basis of the population of the area of the Panchayati Raj Institution concerned as ascertained at that census:
Provided that the determination of the number as aforesaid shall not affect the then composition of the Panchayati Raj Institution concerned until the expiry of the term of office elected members then in office.
(1) If it appears to the Collector that in connection with general elections to be held under this Act, any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes force to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with any such election, the Collector may by order in writing requisition such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to him to be necessary or expedient in connection with the requisitioning:
Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose in connection with the election of such candidate shall be requisitioned under this Su
Notwithstanding anything contained in this Act-
(a) the validity of any law relating to the delimitation of constituencies or wards made or purporting to be made under this Act, shall not be called in question in any Court, and
(b) no election to any Panchayati Raj Institution shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under this Act.
1[No Civil Court shall have jurisdiction-
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or
(b) to question the legality of any action taken by or under the authority or an electoral registration officer, or any decision given by any authority appointed under this Act for the revision of such roll; or
(c) to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this Act in connection with an election.]
_________________
1. Inserted by section 5 of the Rajasthan Panchayati Raj (Amendment) Act, 1995 (Act No. 7 of 1995) published in Rajasthan Gazette, E.O., Part-IV (A) dated
(1) The Finance Commission, hereinafter in this section referred to as the "Commission", shall consist of the following members to be selected in such manner as may be prescribed -
(a) A Chairperson from amongst persons who have had experience in public affairs; and
(b) Such number of other members not exceeding four as the State Government may determine from time to time from amongst persons who-
(i) have special knowledge of the finance and accounts of the Government; or
(ii) have had wide experience in financial matters and in administrator; or
(iii) have special knowledge of functioning of the Panchayati Raj Institutions and Municipal Bodies; or
(iv) have b
(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 Government, designate or nominate in this behalf.
(2) Subject to the superintendence, direction and control of the State Election Commission, the Chief Executive Officer shall-
(a) supervise the preparation, revision and correction of all electoral rolls in the State under this Act;
(b) Supervise the conduct of all elections under this Act; and
(c) exercise such other powers and functions as the State Election Commission may direct.
(3) For each district in the State, the State Election Commission shall in consultation with the Government, designate
1[(1) Every local authority in the State shall, when so requested by the Chief Electoral Officer or the District Election Officer (Panchayats), make available to any Electoral Registration Officer such staff as may be necessary for the performance of any duties in connection with preparation and revision of electoral rolls.
(2) The authorities specified in Sub-sec. (3) shall, when so requested by the Chief Electoral Officer or the District Election Officer (Panchayats), 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-sec. (2), namely:-
(i) every local authority;
(ii) any other body corporate or
1[The Officers or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and 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 employed and such officers and staff shall, during that period be, subject to the control and superintendence of the State Election Commission.]
________________
1. Inserted by Section 6 of Rajasthan Act No. 7 of 1995.
1[(1) Whether a member of staff having deputed for performing duties in connection with elections or in connection with preparation, revision and correction of electoral rolls under this Act, does not report for duty or having reported for such duty, does not perform duties assigned to him, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Rupees Five thousand, or with both.
(2) An offence punishable under Sub-sec. (1) shall be cognizable.]
_________________
1. Inserted by Notification No. F4 (2)/Vidhi/2/2000 dated 22-1-2000 (Ordinance No. 3 of 2000) published in Rajasthan Government Gazette Extraordinary Part 4 (Kha) Dated 22-1-2000 with immediate effect. (= section 56 of the Raj. Act No. 9 of 2000).
The functions of the State Election Commission under this Act or the rules or orders issued thereunder, subject to such general or special directions, if any, as may be given by the State Election Commission in this behalf, the performed also by a Deputy Election Commissioner, if any, or by the Secretary to the State Election Commission.
(1) The Government shall constitute in every district a District Planning Committee, hereinafter in this section, referred to as "the Committee " to consolidate the plans prepared by the Panchayati Raj Institutions and the Municipalities in the district and to prepare a draft development plan for the district as a whole.
(2) The Committee shall consist of such number as may be the Government from time to time by notification in the Official Gazetee and in so fixing the total number of members of the committee, the Government shall specify the number respectively of the nominated members and elected members:
Provided that not less than four-fifth of the total number of members of such committee shall be elected by, and from amongst, the elected members of the Zila Parishad and the Municipalities in the district in proportion to the ratio
(1) As soon as may be, after the first day of April in every year and not later than such date as may be fixed by the Government, the Sarpanch, Vikas Adhikari and Chief Executive Officer, shall, place before the Panchayat, Panchayat Samiti or, as the case may be, Zila Parishad, a report on the administration of the Panchayat, Panchayat Samiti or, as the case may be, Zila Parishad during the preceding financial year in such form and with such details as the Government may direct and shall forward the report with resolution of the respective Panchayati Raj Institutions to the prescribed authority for onward transmission to the State Government.
(2) The report submitted to the Government under Sub-sec.(1) shall, together with a memorandum by the Government reviewing the working of the Panchayati Raj Institution concerned, be laid before the House of the State Legislature.
(1) If any difficulty arises in given effect to, enforcing or carrying out the provisions of this Act, the State Government may, by order published in the Official Gazette give such directions and do such things which appear to it to be necessary for the removal of such difficulty:
Provided that no such order shall be made after the expiration of three years from the commencement of this Act.
(2) Every order made under Sub-sec. (1) shall be laid before the House of the Rajasthan Legislative Assembly.
1[(1)] On the date of commencement of this Act, hereinafter in this section referred to as "the date of commencement", the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 or 1953) and the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959) shall stand repealed and the following consequences shall ensue, that is to say-
(a) all property, movable and immovable, and all interests of whatsoever kind therein, which vested in an existing Panchayati Raj Institution, immediately before the date of commencement, shall be deemed to be transferred to, and shall vest in the successor Panchayati Raj Institution, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the date of commencement;
(b) all rights, liabilities and obligations of
Section 124 of the Rajasthan Panchayati Raj Act, 1994, deals primarily with the repeal of earlier laws related to Panchayats and the savings of rights, obligations, and proceedings under the old laws. It provides a legal framework for transition from previous statutes to the current Act, ensuring continuity of rights and functions. It also clarifies the scope of legal proceedings, property rights, and functions inherited or transferred during the legislative change.
Section 124 establishes that on the commencement of the Rajasthan Panchayati Raj Act, 1994, the earlier Acts—namely the Rajasthan Panchayat Act, 1953, and the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959—shall stand repealed. However, it provides detailed provisions for the continuation and survival of rights, liabilities, obligations, functions, proceedings, and properties under the repealed laws, unless explicitly inconsistent with the new Act. It also specifies that existing notifications, orders, and legal proceedings shall continue to be effective unless explicitly superseded.
Section 124 itself does not prescribe specific punishments; its purpose is to facilitate transition and continuity. Violations of the provisions, such as unauthorized transfer or encroachment, are governed by relevant sections of the Act, including penalties under Sections 124(1), 124(2), or other applicable provisions like Section 25 (penalties for illegal acts) or Sections relating to encroachment and illegal constructions.
This comprehensive analysis synthesizes the legislative intent, scope, essential ingredients, and judicial interpretation of Section 124 of the Rajasthan Panchayati Raj Act, 1994, supported by relevant case law and legal principles.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
