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Bare Acts

The Rajasthan Municipalities Act,2009

Act Details

Act Number:

18

Act Year:

2009

Location:

Rajasthan

Enactment Date:

9/11/2009

Department:

Department of Local Self Government

All Section List

Section 1 to Section 344

Section 1

Short title, extent and commencement.

Section 2

Section 3

Delimitation of Municipalities.-

Section 4

Power to exempt Municipal Board from operation of any provisions of the Act unsuited thereto.-

Section 5

Establishment and incorporation of Municipality.-

Section 6

Composition of Municipality.

Section 7

Section 8

Municipal government to vest in Municipality

Section 9

Division into wards

Section 10

Determination of wards.

Section 11

Election to the Municipality

Section 12

Delegation of functions of State Election Commission

Section 13

Electoral Roll for every ward

Section 14

Disqualifications for registration in an electoral roll

Section 15

Making false declaration.

Section 16

Chief Electoral Officer

Section 17

District Election Officers

Section 18

Staff of local authorities etc. to be made available

Section 19

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

Section 20

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

Section 21

Persons qualified for being members.

Section 21A

Special qualification for election on certain seats

Section 22

Restriction on contesting elections for more than one ward

Section 23

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

Section 24

General disqualifications for members

Section 25

Section 26

Manner of voting at election

Section 27

Casual vacancy how to be filled

Section 28

Electoral offences

Section 29

Corrupt practices

Section 30

Jurisdiction of civil courts in electoral matters

Section 31

Election petition.

Section 32

Appeals from orders of District Judge

Section 33

Procedure where election of all candidates is set aside

Section 34

Finality of orders and decision

Section 35

Disqualifications

Section 36

Removal or reduction of period of disqualification

Section 37

Section 38

Section 39

Removal of member

Section 40

Inquiry into certain allegations after expiry of term of office

Section 41

Disability of members removed under section 39

Section 42

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

Section 43

Every Municipality to have a Chairperson and a Vice-Chairperson.&

Section 44

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

Section 45

Core municipal functions

Section 46

Other municipal functions

Section 47

Functions assigned by the Government

Section 48

Functions of Chairperson and Vice-Chairperson

Section 49

Powers and duties of the Chief Municipal Officer including custody of records

Section 50

Handing over charge.

Section 51

Provisions in regard to meetings of a Municipality.-

Section 52

Rights and privileges of individual members

Section 53

Motion of non-confidence against Chairperson

Section 54

Constitution of Wards Committee

Section 55

Section 56

When persons other than members may serve on committee

Section 57

Chairman of committee

Section 58

Procedure at meetings

Section 59

Subordination of committees to instructions of Municipality and compliance with requisitions of Municipality

Section 60

General functions of the Ward Committee

Section 61

Powers, duties and functions which may be delegated

Section 62

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

Section 63

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

Section 64

Official of the Municipality not to be interested in any contract

Section 65

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

Section 66

Members etc. to be deemed public servant

Section 67

Power to acquire and hold property

Section 68

Vesting of property

Section 69

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

Section 70

Compulsory acquisition of land

Section 71

Allotment, regularization etc. of certain lands.

Section 72

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

Section 73

Provisions relating to transfers of property and contracts.

Section 74

Inventory and map of immovable municipal property

Section 75

Maintenance of records of urban land and properties.-

Section 76

State Finance Commission

Section 77

Implementation of recommendations of the State Finance Commission.

Section 78

Financial assistance from State Government.

Section 79

Section 80

Application of Municipal Fund

Section 81

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

Section 82

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

Section 83

Power to incur expenditure beyond the limits of Municipality.

Section 84

Exclusive use of Municipal Fund for particular purpose

Section 85

Operation of accounts.

Section 86

Investment of surplus moneys

Section 87

Preparation of budget estimate of Municipality

Section 88

Sanction of budget estimate of Municipality

Section 89

Power to alter budget grant

Section 90

Maintenance of accounts.

Section 91

Preparation of Municipal Accounting Manual

Section 92

Financial statement and balance sheet

Section 93

Submission of financial statement and balance sheet to Auditor

Section 94

Audit of accounts

Section 95

Placing of Audited Accounts before the Municipality

Section 96

Submission of audited accounts.-

Section 97

Power of State Government to enforce order upon audit report.-

Section 98

Section 99

Section 100

Annual administration report

Section 101

Internal revenues of Municipality

Section 102

Obligatory taxes

Section 103

Other taxes that may be imposed

Section 104

Power to levy user charges

Section 105

Power to levy fees and fines

Section 106

Power to levy development charge

Section 107

Exemption from taxation

Section 108

Procedure preliminary to imposing tax

Section 109

Imposition of tax etc

Section 110

Procedure for altering taxes

Section 111

Power of Government to suspend or prohibit or remedy tax.-

Section 112

. Power of Municipality to suspend or abolish tax

Section 113

Assessment of tax and appointment of Assessors.-

Section 114

Supply of certain information and consequence of failure to supply

Section 115

Obligation to supply information for purposes of amendment.

Section 116

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

Section 117

Section 118

Name of transferee to be substituted in the municipal registers.

Section 119

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

Section 120

Tax from whom primarily leviable

Section 121

Appeals relating to taxation

Section 122

Limitation and preliminary deposit of tax claimed.-

Section 123

Section 124

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

Section 125

Section 126

Obligation to disclose liability.

Section 127

Duty to recover the taxes

Section 128

Presentation of bill of tax

Section 129

Contents of bill.

Section 130

Notice of demand

Section 131

In what cases warrant may issue

Section 132

Forcible entry for executing warrant

Section 133

Manner of executing warrant

Section 134

Sale of property attached in special cases.

Section 135

Attachment and sale outside the Municipality

Section 136

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

Section 137

Section 138

Receipt to be given for all payments.

Section 139

Alternative power of bringing suit

Section 140

Liability of land, building, etc., for taxes.-

Section 141

Comprehensive debt limitation policy

Section 142

Power of Municipality to raise loan

Section 143

Power of Municipality to open credit account with bank

Section 144

Power of Municipality to raise short-term loan.

Section 145

Establishment of Sinking Fund

Section 146

Application of Sinking Fund

Section 147

Power to discontinue payment towards Sinking Fund

Section 148

Investment of amount at the credit of Sinking Fund

Section 149

Manner of repayment of loans

Section 150

Annual statement.

Section 151

Annual examination of Sinking Funds

Section 152

Commercial projects and receipts therefrom.-

Section 153

Undertaking of project by Municipality or by other agency.

Section 154

Types of private sector participation agreements.-

Section 155

Functions assigned to Municipality or other agencies

Section 156

City Development Plan

Section 157

Committee for Metropolitan Planning.

Section 158

Committee for District Planning

Section 159

Civic Survey and preparation of Master Development Plan and other Plans

Section 160

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

Section 161

Date of operation of Plan

Section 162

Subsequent modification of Plans

Section 163

Implementation of Plan

Section 164

Plans prepared prior to this Act deemed to have been prepared under this Act

Section 165

Review of Plan.

Section 166

Declaration of Development Areas

Section 167

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

Section 168

Power to require removal of unauthorized development

Section 169

Power to stop unauthorized development

Section 170

Removal or discontinuance of unauthorized temporary development summarily

Section 171

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

Section 172

Recovery of expenses incurred

Section 173

Making and contents of Projects and Schemes

Section 174

Preparation of Projects and Schemes.

Section 175

Redevelopment Scheme

Section 176

Submission of project and scheme to the Municipality for approval

Section 177

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

Section 178

Lapse of Scheme

Section 179

Modification or withdrawal of project or Scheme

Section 180

Power of the State Government to require Municipality to make scheme

Section 181

Saving to any project or Scheme

Section 182

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

Section 183

The regular line of Public Street

Section 184

Rights of way for underground utilities

Section 185

Maps of underground utilities.-

Section 186

Special provision regarding streets belonging to Central or State Government.

Section 187

Temporary erection on streets during festivals

Section 188

Precautions during construction or repair of street, drain or premises

Section 189

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

Section 190

Compulsory provision of footpaths

Section 191

Building at corner of streets.- (

Section 192

Setting back projecting buildings

Section 193

Level of buildings

Section 194

Provisions relating to erection of all kinds of buildings

Section 195

Maintenance of apartment complexes by association of residents

Section 196

Particulars of permission and construction to be displayed prominently.

Section 197

Hoardings to be set up during repairs, etc

Section 198

Taking over of responsibilities to maintain amenities.

Section 199

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

Section 200

Municipal control over drains etc

Section 201

Powers for making drains etc.

Section 202

Effectual drainage of building

Section 203

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

Section 204

Sewage and rain water drains to be distinct

Section 205

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

Section 206

Work, how to be carried out

Section 207

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

Section 208

Provision of privies, etc

Section 209

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

Section 210

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

Section 211

Power to close existing private drains.

Section 212

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

Section 213

Encroachment on municipal drains etc

Section 214

Inspection of drains etc..-

Section 215

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

Section 216

Power of carrying water mains etc.

Section 217

Special provisions relating to trade effluent

Section 218

Special provisions regarding drainage of trade effluent

Section 219

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

Section 220

Railway administration to be informed in certain cases

Section 221

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

Section 222

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

Section 223

Work to be done by licenced plumber

Section 224

Prohibition of certain acts

Section 225

Entrustment of operation and maintenance of sewerage works and billing and collection of sewerage charges

Section 226

Duty of Municipality in respect of solid wastes management and handling

Section 227

Entrustment of management and handling of solid wastes and billing and collection of charge

Section 228

Solid wastes to be property of Municipality

Section 229

Appointment of places for disposal and final disposal of solid wastes

Section 230

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

Section 231

Duty of Co-operative Housing Society, Apartment Owners' Association, etc

Section 232

Section 233

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

Section 234

Bio-medical wastes

Section 235

Hazardous wastes.

Section 236

Permission necessary for certain projections

Section 237

Troughs and pipes for rain water

Section 238

Provision of rain water harvesting structure

Section 239

Fixing of brackets etc. to houses.

Section 240

Naming of streets and numbering of houses

Section 241

Installation of statues

Section 242

Removal and trimming of hedges, trees, etc

Section 243

Dangerous buildings.

Section 244

Displacing pavements etc.

Section 245

Encroachment or obstruction upon public land

Section 246

Dangerous quarrying

Section 247

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

Section 248

Seizure of certain animals or birds

Section 249

Power to deal with infected dogs or animals.

Section 250

Power to stop nuisances from animals within premises

Section 251

Licensing of dairies

Section 252

Power to prohibit use of public streets for certain kind of traffic

Section 253

Regulation of parking of private vehicles on public places.-

Section 254

Halting vehicles or animals on public ground.

Section 255

Arrangement for fire prevention

Section 256

Establishment and maintenance of fire brigade

Section 257

Powers of fire brigade and other persons for suppression of fire

Section 258

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

Section 259

Non-taking of connection or discharging sewage etc

Section 260

Filthy building etc.

Section 261

Section 262

Section 263

Abatement of nuisance from wells, etc

Section 264

Regulation or prohibition of certain kinds of cultivation

Section 265

Using offensive manure etc.

Section 266

Playing any game causing annoyance

Section 267

Prohibition of other nuisances.-

Section 268

Consumption of smoke

Section 269

Licensing markets, slaughterhouses and certain business

Section 270

Opening, closing and letting of markets and slaughterhouses

Section 271

Slaughterhouses etc. beyond municipal limits

Section 272

Opening of new slaughterhouses

Section 273

Powers which may be exercised for preventing dangerous diseases.-

Section 274

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

Section 275

Burials and burial grounds.

Section 276

Power in respect of burial and burning places

Section 277

Regulation of the removal of corpses

Section 278

Power to licence fuel shops at burning grounds

Section 279

Powers to cause corpses to be buried or burnt

Section 280

Removal of carcasses of dead animals in municipal area.-

Section 281

Penalty for acts done by persons suffering from certain disorders

Section 282

Regulation of certain trades

Section 283

Use of siren for summoning or dismissing workmen

Section 284

Service of notices, etc. addressed to individual.

Section 285

Disobedience to individual notice

Section 286

Disobedience to public notice

Section 287

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

Section 288

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

Section 289

Proceedings if any occupier opposes the execution of the Act.

Section 290

Penalty for obstructing persons employed by Municipality

Section 291

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

Section 292

Entry for purposes of Act

Section 293

Preventive Inspection

Section 294

Power for effecting entry

Section 295

Determination of compensation in certain cases.

Section 296

Costs or expenses how determined and recovered

Section 297

Formation of State Municipalities Union and its functions

Section 298

Municipality may prosecute

Section 299

Powers with respect to prosecuting for offences

Section 300

Damages to municipal property how made good.-

Section 301

Certain offences to be cognizable and bailable.-

Section 302

Distress lawful though defective in form.-

Section 303

Alternative procedure by suit

Section 304

Suits against Municipality or its officers.

Section 305

Civil court not to grant temporary injunctions in certain cases

Section 306

Power of compromises

Section 307

Mode of proof of municipal records.

Section 308

Restrictions on the summoning of municipal servants to produce documents.

Section 309

Appointment and powers of Director, Deputy Director and Assistant Director

Section 310

Powers of inspection and supervision

Section 311

Power to inspect the office of the Municipality

Section 312

Powers of suspending execution of order etc. of Municipality

Section 313

Extraordinary powers in case of emergency

Section 314

Compliance by Municipality of requisition by Government for servants in times of emergency

Section 315

Agency for execution of public works

Section 316

Special provisions in regard to works executed by the State Government

Section 317

Government enquiry into municipal matters

Section 318

Power of Government to prevent extravagance in the employment of establishment

Section 319

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

Section 320

Exercise of Municipality's power pending its establishment

Section 321

Power of Government to direct person in custody of municipal fund to pay Government dues

Section 322

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

Section 323

Dispute between a Municipality and one or more local authorities

Section 324

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

Section 325

Powers of Government to cancel or modify byelaws and rules of Municipalities

Section 326

Delegation of powers by Government

Section 327

Power to call for records.-

Section 328

Creation of Rajasthan Municipal Service

Section 329

Classification of Municipalities

Section 330

Recruitment to posts in the Service

Section 331

Consultation with Commission

Section 332

Rajasthan Municipal Administrative Service.-

Section 333

Rajasthan Municipal Technical Service

Section 334

Determination of strength of the staf

Section 335

Subordinate and Ministerial Establishment and other Employees

Section 336

Transfer from one Municipality to another

Section 337

Power of State Government to make rules and orders

Section 338

Power of State Government to make regulations.-

Section 339

Power of Municipality to make rules

Section 340

Power of Municipality to make bye-laws

Section 341

Rules and bye-laws to be printed and sold

Section 342

Offences by companies

Section 343

Power to remove difficulties

Section 344

Repeal and Savings