-(1) The State Government may make rules or orders
generally for the purpose of carrying into effect the provisions of
this Act and prescribe forms for any proceeding for which it
considers that a form should be provided.
(2) In particular, and without prejudice to the generality of
the foregoing power, the State Government shall make rules –
(i) with reference to all matters expressly allowed by
this Act to be prescribed;
(ii) for prescribing the manner of allotment of seats
reserved for members of Scheduled Castes,
Scheduled Tribes, the Backward Classes or for
women;
(iii) with regard to all matters relating to the
preparation, revision, modification, updating and
publication of electoral rolls;
(iv) for prescribing particulars which shall contain in
the notice given for withdrawal of candidature
from election on more than one seat;
(v) for prescribing the manner in which votes shall be
given in an election and the manner in which votes
shall be given and recorded by the voting machines;
(vi) with regard to all matters relating to presentation of
an election petition, procedure to be followed and
powers to be exercised by the District Judge in
disposing the election petition;
(vii) for prescribing the form in which oath or
affirmation shall be made by a member before
entering upon his duties;
(viii) for prescribing the manner in which the Judicial
Officer shall enquire into the charge against a
member and for prescribing the matters, other than
those specified in clauses (a) to (c) of sub-section
(5) of section 39, regarding which the judicial
Officer shall have power of a civil court while
inquiring into the said charges;
(ix) for prescribing the manner of election of
Chairperson and Vice-Chairperson and the manner
of reserving the offices of the Chairpersons and for
prescribing the monthly allowances and facilities
which may be allowed to the Chairperson out of
the municipal fund;
(x) for prescribing the executive functions other than
those specified in clauses (a) to (d) of sub-section
(1) of section 48;
(xi) for prescribing the powers of the Chief Municipal
Office;
(xii) for prescribing the manner in which charge of the
office a Chairperson or a Vice-Chairperson shall
be handed over;
(xiii) for prescribing the procedure for conducting the
business of the meeting of the Municipality;
(xiv) for prescribing the manner, of putting question by a
member to the Chairperson, and of moving
resolutions on the matters connected with the
administration of the Municipality;
(xv) for prescribing the manner of making and
considering the motion expressing no confidence in
the Chairperson or the Vice-Chairperson;
(xvi) for prescribing the powers, duties and functions,
and the procedure for conducting the meetings, of
the committees constituted under section 55;
(xvii) for prescribing the restrictions, limitations and
conditions subject to which any powers, duties or
executive functions, which may be exercised,
discharged or performed by or on behalf of the
Municipality, may be delegated to the committees
and for prescribing the manner of calling the
meeting of the Municipality for delegating the
powers, duties and functions of the Chairperson to
a member;
(xviii) for prescribing the terms and conditions on which,
and the charges or premium subject to the payment
of which , the land deemed to have been placed at
the disposal of the Municipality under section 90-
B of the Rajasthan Land Revenue Act, 1956 may
be allotted or regularized by the Municipality;
(xix) for regulating the sale or disposal of immovable
property and land;
(xx) for prescribing the manner of preparing and
maintaining records of urban land situated in the
municipal limits;
(xxi) for prescribing heads of accounts other than those
specified in sub-section (2) of section 79 and for
prescribing manner and form in which accounts
shall be kept;
(xxii) for prescribing the manner in which payments
from Municipal funds shall be made;
(xxiii) for transfer of surplus money from one head to
another head with regard to all matter relating to
preparation, presentation, adoption of budget
estimates, preparation and maintenance of accounts
and balance sheet etc;
(xxiv) for prescribing the rate, date, and manner for
imposing and levying the taxes under section 102;
(xxv) for prescribing the manner in which internal audit
of the day-to-day accounts of the Municipality may
be carried out;
(xxvi) for prescribing the form in which return shall be
furnished by the owner or occupier on the
requisition of the assessor;
(xxvii) for prescribing the form of warrant for attachment
and sale of property of the defaulter and for
prescribing the manner in which the attached
property may be sold;
(xxviii) for prescribing the manner in which repaying
capacity of a Municipality shall be ascertained for
the purposes of granting loan or giving grantee for
a loan raised by the Municipality;
(xxix) for prescribing the types of private sector
participation agreements for the purpose of this
Act;
(xxx) for prescribing the Chapters, material and schemes
to be incorporated in the City Development Plan;
(xxxi) for prescribing the manner in which the elected
members of Committee for Metropolitan Planning
shall be chosen;
(xxxii) for prescribing the extent to which land in any
scheme may be reserved for the purpose of
providing housing accommodation to the members
of Scheduled Castes, Scheduled Tribes, the
Backward Classes and weaker sections of the
society, including disabled, handicapped and
mentally retarded persons and unassisted elderly
persons;
(xxxiii) for regulating the sanction of specific rights of way
in the sub-soil of public and private streets for
different public utilities;
(xxxiv) for prescribing rates of the conversion charges for
change of use of land and for prescribing the
manner in which objections shall be invited and
heard with respects to change of use of land;
(xxxv) for prescribing the manner and the time in which
water harvesting structure shall be provided in the
buildings owned or occupied by the Government
or statutory body or a company or a institution
owned or controlled by the Government;
(xxxvi) for prescribing limitations, restrictions and
conditions subject to which the Municipality may
exercise powers in respect of prevention of
dangerous diseases;
(xxxvii) for prescribing limitations, restrictions and
conditions subject to which the Municipality may
exercise powers conferred on it under section 274;
(xxxviii) for prescribing the functions of the State
Municipalities Union;
(xxxix) for prescribing the manner of sending the statement
of charges against a Municipality to the Tribunal
for enquiry and findings; and for prescribing the
manner of constitution of the Tribunal;
(xl) for prescribing the special or technical duties
which shall be performed by the officers appointed
in the Rajasthan Municipal Technical Service; and
(xli) for prescribing term and conditions of service in
respect of the Rajasthan Municipal Services.
(3) A rule may be general for all Municipalities or for all
Municipalities not expressly exempted from its operation or may
be special for the whole or any part of anyone or more
Municipalities as the State Government may direct.
(4) Notwithstanding anything contained in sections 339 and
340, in case the Municipality fails to make any rules or bye-laws as
prescribed and the State Government considers it necessary for the
purposes of carrying into effect the provisions of this Act, it may
also make the rules and bye-laws for the matters enumerated in
sections 339 and 340.
(5) All rules and orders made by the State Government
under this section shall come into effect on or from the date of
their publication in the Official Gazette.
(6) All rules made under this Act shall be laid, as soon as
may be, after they are so made, before the House of the State
Legislature, while it is in session, for a period not less than
fourteen days which may be comprised in one session or in two
successive sessions and, if before the expiry of the session in
which they are so laid or of the session immediately following, the
House of the State Legislature makes any modification in any of
such rules or resolves that any such rule should not be made, such
rules shall, thereafter, have effect only in such modified form or be
of no effect, as the case may be, so, however, that any such
modification or annulment shall be without prejudice to the
validity of anything previously done thereunder..-
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