Rajasthan Municipalities Act, 2009

Bare Act · 2009

Act number: 18 of 2009
Enacted: 11 September 2009
Contents: 361 sections · 18 chapters

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Contents

Chapter I — Preliminary

Chapter II — Constitution and Government of Municipalities

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 (preview)
Section 7 – Term of office (preview)
Section 8 – Municipal government to vest in Municipality (preview)
Section 9 – Division into wards (preview)
Section 10 – Determination of wards (preview)
Section 11 – Election to the Municipality (preview)
Section 12 – Delegation of functions of State Election Commission (preview)
Section 13 – Electoral Roll for every ward (preview)
Section 14 – Disqualifications for registration in an electoral roll (preview)
Section 15 – Making false declaration (preview)
Section 16 – Chief Electoral Officer (preview)
Section 17 – District Election Officers (preview)
Section 18 – Staff of local authorities etc. to be made available (preview)
Section 19 – Officers and staff deemed to be on deputation to the State Election Commission (preview)
Section 20 – Breach of official duty in connection with the preparation etc. of electoral rolls (preview)
Section 21 – Persons qualified for being members (preview)
Section 21A – Special qualification for election on certain seats (preview)
Section 22 – Restriction on contesting elections for more than one ward (preview)
Section 23 – Restrictions on use of vehicles, loud-speakers etc (preview)
Section 24 – General disqualifications for members (preview)
Section 25 – Right to vote (preview)
Section 26 – Manner of voting at election (preview)
Section 27 – Casual vacancy how to be filled (preview)
Section 28 – Electoral offences (preview)
Section 29 – Corrupt practices (preview)
Section 30 – Jurisdiction of civil courts in electoral matters (preview)
Section 31 – Election Petition (preview)
Section 32 – Appeals from orders of District Judge (preview)
Section 33 – Procedure where election of all candidates is set aside (preview)
Section 34 – Finality of orders and decision (preview)
Section 35 – Disqualifications (preview)
Section 36 – Removal or reduction of period of disqualification (preview)
Section 37 – Oath of office (preview)
Section 38 – Resignation (preview)
Section 39 – Removal of member (preview)
Section 40 – Inquiry into certain allegations after expiry of term of office (preview)
Section 41 – Disability of members removed under section 39 (preview)
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 (preview)
Section 43 – Every Municipality to have a Chairperson and a Vice-Chairperson (preview)
Section 44 – Determination of validity of election of Chairperson or Vice-Chairperson (preview)
Section 45 – Core municipal functions (preview)
Section 46 – Other municipal functions (preview)
Section 47 – Functions assigned by the Government (preview)
Section 48 – Functions of Chairperson and Vice-Chairperson (preview)
Section 49 – Powers and duties of the Chief Municipal Officer including custody of records (preview)
Section 50 – Handing over charge (preview)

Chapter III — Conduct of Business and Ward Committee

Chapter IV — Municipal Property

Chapter V — Municipal Finance and Municipal Fund

Section 76 – State Finance Commission (preview)
Section 77 – Implementation of recommendations of the State Finance Commission (preview)
Section 78 – Financial assistance from State Government (preview)
Section 79 – Municipal Fund (preview)
Section 80 – Application of Municipal Fund (preview)
Section 81 – Payments not to be made out of Municipal Fund unless covered by budget grant (preview)
Section 82 – Temporary payment from Municipal Fund for works urgently required in public interest (preview)
Section 83 – Power to incur expenditure beyond the limits of Municipality (preview)
Section 84 – Exclusive use of Municipal Fund for particular purpose (preview)
Section 85 – Operation of accounts (preview)
Section 86 – Investment of surplus moneys (preview)
Section 87 – Preparation of budget estimate of Municipality (preview)
Section 88 – Sanction of budget estimate of Municipality (preview)
Section 89 – Power to alter budget grant (preview)
Section 89A – Constitution of Basic Services to the Urban Poor Fund (preview)

Chapter VI — Accounts and Audit

Section 90 – Maintenance of accounts (preview)
Section 91 – Preparation of Municipal Accounting Manual (preview)
Section 92 – Financial statement and balance sheet (preview)
Section 93 – Submission of financial statement and balance sheet to Auditor (preview)
Section 94 – Audit of accounts (preview)
Section 95 – Placing of Audited Accounts before the Municipality (preview)
Section 96 – Submission of audited accounts (preview)
Section 97 – Power of State Government to enforce order upon audit report (preview)
Section 98 – Special audit (preview)
Section 99 – Internal audit (preview)
Section 99A – Audit by Comptroller and Auditor General of India (preview)
Section 100 – Annual administration report (preview)

Chapter VII — Municipal Revenue

Section 101 – Internal revenues of Municipality (preview)
Section 102 – Obligatory taxes (preview)
Section 103 – Other taxes that may be imposed (preview)
Section 104 – Power to levy user charges (preview)
Section 105 – Power to levy fees and fines (preview)
Section 106 – Power to levy development charge (preview)
Section 107 – Exemption from taxation (preview)
Section 108 – Procedure preliminary to imposing tax (preview)
Section 109 – Imposition of tax etc (preview)
Section 110 – Procedure for altering taxes (preview)
Section 111 – Power of Government to suspend or prohibit or remedy tax (preview)
Section 112 – Power of Municipality to suspend or abolish tax (preview)
Section 113 – Assessment of tax and appointment of Assessors (preview)
Section 114 – Supply of certain information and consequence of failure to supply (preview)
Section 115 – Obligation to supply information for purposes of amendment (preview)
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 (preview)
Section 117 – Form of notice (preview)
Section 118 – Name of transferee to be substituted in the municipal registers (preview)
Section 119 – Liability for payment of taxes on buildings or lands to continue in absence of a notice of transfer (preview)
Section 120 – Tax from whom primarily leviable (preview)
Section 121 – Appeals relating to taxation (preview)
Section 122 – Limitation and preliminary deposit of tax claimed (preview)
Section 123 – Costs (preview)
Section 124 – Bar to jurisdiction of civil and criminal courts in matter of taxation (preview)
Section 125 – Savings (preview)
Section 126 – Obligation to disclose liability (preview)
Section 127 – Duty to recover the taxes (preview)
Section 128 – Presentation of bill of tax (preview)
Section 129 – Contents of bill (preview)
Section 130 – Notice of demand (preview)
Section 131 – In what cases warrant may issue (preview)
Section 132 – Forcible entry for executing warrant (preview)
Section 133 – Manner of executing warrant (preview)
Section 134 – Sale of property attached in special cases (preview)
Section 135 – Attachment and sale outside the Municipality (preview)
Section 136 – Summary proceedings may be taken against persons about to leave the Municipality (preview)
Section 137 – Savings (preview)
Section 138 – Receipt to be given for all payments (preview)
Section 139 – Alternative power of bringing suit (preview)
Section 140 – Liability of land, building, etc., for taxes (preview)

Chapter VIII — Borrowings

Section 141 – Comprehensive debt limitation policy (preview)
Section 142 – Power of Municipality to raise loan (preview)
Section 143 – Power of Municipality to open credit account with bank (preview)
Section 144 – Power of Municipality to raise short-term loan (preview)
Section 145 – Establishment of Sinking Fund (preview)
Section 146 – Application of Sinking Fund (preview)
Section 147 – Power to discontinue payment towards Sinking Fund (preview)
Section 148 – Investment of amount at the credit of Sinking Fund (preview)
Section 149 – Manner of repayment of loans (preview)
Section 150 – Annual statement (preview)
Section 151 – Annual examination of Sinking Funds (preview)

Chapter IX — Commercial Projects, Private Sector Participation Agreements

Chapter X — Economic and Development Planning

Section 156 – City Development Plan (preview)
Section 157 – Committee for Metropolitan Planning (preview)
Section 158 – Committee for District Planning (preview)

Chapter XI — Urban Development and Town Planning

Chapter XII — Municipal Powers and Offences

Chapter XII-A — Prevention of Defacement of Property

Section 297A – Penalty for defacement of property (preview)
Section 297B – Punishment for attempt to commit offence (preview)
Section 297C – Punishment for abettor (preview)
Section 297D – Power to erase writing etc (preview)
Section 297E – Power to compound offence (preview)
Section 297F – Indemnity (preview)
Section 297G – Chapter to override other laws (preview)
Section 297H – Definitions (preview)

Chapter XIII — Prosecution, Suits etc.

Section 298 – Municipality may prosecute (preview)
Section 299 – Powers with respect to prosecuting for offences (preview)
Section 300 – Damages to municipal property how made good (preview)
Section 301 – Certain offences to be cognizable and bailable (preview)
Section 302 – Distress lawful though defective in form (preview)
Section 303 – Alternative procedure by suit (preview)
Section 304 – Suits against Municipality or its officers (preview)
Section 305 – Civil court not to grant temporary injunctions in certain cases (preview)
Section 306 – Power of compromises (preview)
Section 307 – Mode of proof of municipal records (preview)
Section 308 – Restrictions on the summoning of municipal servants to produce documents (preview)

Chapter XIV — Control

Chapter XV — Staff

Section 328 – Creation of Rajasthan Municipal Service (preview)
Section 329 – Classification of Municipalities (preview)
Section 330 – Recruitment to posts in the Service (preview)
Section 331 – Consultation with Commission (preview)
Section 332 – Rajasthan Municipal Administrative Service (preview)
Section 333 – Rajasthan Municipal Technical Service (preview)
Section 334 – Determination of strength of the staff (preview)
Section 335 – Subordinate and Ministerial Establishment and other Employees (preview)
Section 336 – Transfer from one Municipality to another (preview)

Chapter XVI — Rules, Regulations and Bye-Laws

Section 337 – Power of State Government to make rules and orders (preview)
Section 338 – Power of State Government to make regulations (preview)
Section 339 – Power of Municipality to make rules (preview)
Section 340 – Power of Municipality to make bye-laws (preview)
Section 341 – Rules and bye-laws to be printed and sold (preview)

Chapter XVII — Miscellaneous

Section 342 – Offences by companies (preview)
Section 343 – Power to remove difficulties (preview)
Section 344 – Repeal and Savings (preview)