(1) The State
Government may, by notification published in the Official Gazette,
declare any local area not included within the limits of a Municipality
to be a Municipality, or include any such area in a Municipality, or
exclude any local area from a Municipality, or otherwise alter the
limits of any Municipality and when-
(a) any local area is declared as, or included in, a
Municipality, or
(b) any local area is excluded from a Municipality, or
(c) the limits of a Municipality are otherwise altered,
by amalgamation of one Municipality into
another or by splitting up a Municipality into two
or more Municipalities, or
(d) any local area ceases to be a Municipality,
the State Government may, notwithstanding anything contained in
this Act or any other law for the time being in force, by an order
published in the Official Gazette provide ,-
(i) in a case falling under clause (a), that the
election of the members for the area or theadditional area shall be held within a period of
six months from the appointed day;
(ii) in a case falling under clause (b), that the
members who in the opinion of the State
Government represent the area excluded from
the Municipality shall be removed;
(iii) in a case falling under clause (c), that until
the term of the Municipality in which another
Municipality is amalgamated expires under
this Act, the Chairperson, Vice-Chairperson
and members of such another Municipality
shall be deemed to be the members of the
Municipality in which such another
Municipality is amalgamated and where a
Municipality is split into two or more
Municipalities, that the members representing
the area included in the newly constituted
Municipality shall be deemed to be the
members of such new Municipality and such
new Municipality shall continue, unless
dissolved sooner, until original Municipality
would have continued;
(iv) in a case falling under clause (d), that the
Municipality shall be dissolved.
Explanation.- In this sub-section, appointed day means
the day from which a change referred to in any of the clauses (a) to
(d) takes effect.
(2) It shall be the duty of every Municipality already
existing and of every Municipality newly established under this
Act and of every Municipality whose local limits are altered as
aforesaid to cause at its own cost, to be erected or set up, andthereafter to maintain, substantial boundary marks of such
description and in such positions as shall be approved by the
Collector or any officer authorized by him in this behalf, defining
the limits or altered limits of the Municipality subject to its
authority, as set forth in the notification.
(3) When any local area ceases to be a Municipality, the
Municipality established therein shall cease to exist, and the
balance of the municipal fund and other property and rights vesting
in such Municipality shall, subject to all charges and liabilities
affecting the same, vest in the State Government and the proceeds
thereof, if any, shall be expended under the orders of the State
Government for the benefit of the local area in which such
Municipality had jurisdiction.
(4) Notwithstanding anything contained in sub-section (3),
when any local area ceases to be a Municipality and is included
within the local limits of the jurisdiction of some other local
authority, the municipal fund and other property and rights vesting
in the Municipality shall vest in such other local authority and the
liabilities of the Municipality shall be the liabilities of such other
local authority.
(5) When any local area is excluded from a Municipality
and included in another Municipality, such portion of the
municipal fund and other property vested in the first mentioned
Municipality shall vest in, and such portion of the liabilities thereof
shall be the liabilities of, the other Municipality as the State
Government may, after consulting both Municipalities, declare by
notification in the Official Gazette:
Provided that the provisions of this sub-section shall not
apply in any case where the circumstances, in the opinion of the
State Government, render undesirable the transfer of any portion of
the municipal fund and properties or liabilities.
(6) When a dwelling house, manufactory, warehouse, or
place of industry or business is situated within the limits of two or
more adjacent municipal areas, the State Government may,
notwithstanding anything contained elsewhere in this Act, by
notification in the Official Gazette, declare the municipal area
within which such dwelling house, manufactory, warehouse, or
place of industry or business shall be deemed to be included for the
purposes of this Act.
(7) When any local area is included in a Municipality, all
rules and bye-laws made, orders, directions, notifications and
notices issued and powers conferred and in force throughout such
Municipality at the time when the said area is so included, shall
apply thereto, unless the State Government otherwise directs, from
the date of such inclusion.
(8) When an area comprised in a village is specified as, or
when any area is excluded from the village and included in, a
municipal area, then with effect from the date on which such area
is so specified or is so included, the following consequences shall
ensue, namely: -
(a) such area shall cease to be a village;
(b) the Municipality in which such area is included
or the Municipality declared for such area shall
exercise jurisdiction over such area and the
panchayat established for such area shall cease
to function therein;
(c) until elections are held under sub-section (1) or
the term of the Municipality expires under this
Act, whichever is earlier, the Sarpanch, UpSarpanch and the panch or panchas
representing the area of the village so included
in, or declared as a Municipality shall be deemed to be the additional members of the
Municipality in which such area of the village
is included or the Chairperson, ViceChairperson and the members respectively of
the Municipality declared for such area, as the
case may be;
(d) the whole of the assets vesting in, and of the
liabilities subsisting against, the panchayat so
declared to be a Municipality or in case where
only a part or whole of a village is so included
in a Municipality, such portion of the said
assets and liabilities as the State Government
may direct, shall devolve upon the Municipality
declared for such area or upon the Municipality
in which such area of the village is so included;
(e) the Municipality so established by the inclusion
of any area of a village therein or by the
declaration of a village as a Municipality, shall
levy or continue to levy such of the taxes as are
lawfully imposed under this Act;
(f) any such area shall cease to be subject to all
rules, notifications, orders and bye-laws made
under the Rajasthan Panchayati Raj Act, 1994
(Act No.13 of 1994).
(9) For the purpose of facilitating the inclusion of any area
of a village in a Municipality or of the declaration of any such area
as a Municipality, the State Government may, by order in writing,
give such directions as may appear to it to be necessary.
(10) Save as otherwise provided in this section its
provisions shall have effect notwithstanding anything contained in
this Act or in the Rajasthan Panchayati Raj Act, 1994 (Act No.13
of 1994) or any other law for the time being in force.
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