3 - 89A 101-140 159- 327

Section 2

Definitions from the Act

Term	Definition / Keywords
Auditor	Defined as per Rajasthan Local Funds Audit Act, 1954
Backward Classes	Classes, not SC/ST; notified by State Government
Balance Sheet	Prepared under section 92
Bio-medical Waste	Waste from diagnosis/treatment/research/production/testing of biological materials
	- Types: human anatomical, animal, microbiological, sharps, discarded medicines, solid, liquid, incineration ash, chemical
Bridge	Includes culvert
Budget Estimate	Prepared under section 87
Budget Grant	Total expenditure sum in budget, modified by Municipality under Act provisions
Builder/Developer	Agency/individual constructing on own/others’ land
Building	Structure with foundation, walls, roofs, etc.; excludes temporary structures like tent, shamiana and boundary wall < 3 meter
Building Site	Land portion held for building purpose
Bye-laws	Made under this Act
Chairperson	Chairman (Municipal Board); President (Municipal Council); Mayor (Municipal Corporation)
Chief Municipal Officer	CEO-cum-Commissioner (Municipal Corporation); Commissioner (Council); Executive Officer (Board)
Clear Days	Notice period inclusive of Sundays/holidays, exclusive of notice receipt date and notice-specified date
Complex	Building with ≥25 units (commercial) or ≥10 units (residential)
Corporator	Member of Municipal Corporation
Councillor	Member of Municipal Council
Dairy	Place for milk supply/sale, excludes places selling milk for on-premises consumption only
Dangerous Disease	cholera, plague, small-pox, cerebrospinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis, or syphilis; , other diseases notified by Govt.
Deficit in Parking Space	Shortfall in parking spaces for non-residential buildings, complexes
Director of Local Bodies	Appointed by State Govt.; may be designated as Commissioner
Disposal	Final disposal of waste; prevents water/air contamination
District Magistrate	Defined under Code of Criminal Procedure, 1973 section 20
Drain	Sewer/pipe/channel for sewage, polluted water, rainwater, etc.
Executive Committee	Referred in section 55
Finance Commission	Under Article 243-I of Constitution
Financial Statement	Prepared under section 92
Fire Brigade	Fire-fighting force maintained by Municipality under section 256
Fire Fighting Property	Fire stations, engines, equipment, vehicles, uniforms
Fire Station	Declared by State Government
Hazardous Wastes	Specified in Environment (Protection) Act, 1986
Inhabitant	Person residing, doing business, or owning property in area
Land	Includes built land and water-covered areas
Latest Census Figures	Population data from last published census
Lodging House	Accommodation for pilgrims/travelers
Member	Lawful Municipality member; Member( Municipal Board); Councillor ( Municipal Council); Corporator ( Municipal Corporation)
Milk	Includes cream, skimmed, toned, condensed milk
Municipal Accounting Manual	Manual under section 91
Municipal Area	Area defined by State Government
Municipal Fund	Referred under section 79
Municipal Solid Waste	Commercial/residential waste in municipal area, excludes hazardous waste
Municipality	Includes Municipal Corporation, Council, Board
No Objection Certificate	Document issued by authority under this Act
Nuisance	Causes injury/danger/annoyance to sight, smell, or health
Occupier	Person paying rent/liable to pay, includes owner-occupier
Offensive Matter	Includes kitchen waste, stable refuse, putrid substances
Officer of Municipality	Holds an office under this Act, excludes Municipality member
Other Agency	Company, society, govt. agency, etc. under this Act
Owner	Receives rent or owns property on behalf of society, trust, etc.
Population	Based on latest published census
Prescribed	Defined by Act, rules, orders, bye-laws
Public Place	Open to public, not private property
Public Securities	Govt. of Rajasthan/Central govt. securities
Public Street	Any street accessible to public or maintained by govt. funds
Rubbish	Non-offensive waste like dust, ashes, glass
Rules	Rules under this Act
Scheduled Castes	Castes in Constitution (Scheduled Castes) Order, 1950
Scheduled Tribes	Tribes in Constitution (Scheduled Tribes) Order, 1950
Sewage	Night-soil, privy contents, trade effluents
State	Rajasthan, as per State Reorganisation Act, 1956
State Finance Commission	Rajasthan State Finance Commission under Article 243-I, 243Y
Street	Road, lane, accessible to public, includes sidewalks
Sub-division	Division of land parcel into parts
Tax	Toll, rate, fee under this Act
Transitional/Urban Area	Area specified under Article 243Q, Constitution
Urban Land	Land for urban development under local authority
Vehicle	Includes bicycles, cars, auto-motors
Vice-Chairperson	Vice-Chairman (Board); Vice-President (Council); Deputy Mayor (Corporation)
Village	Specified under Article 243(g), Constitution
Ward	Formed under section 9
Ward Committee	Referred in section 54
Waste Management	Collection, segregation, transportation, processing of solid waste
Whole Number	Total Municipality members excluding nominated members under section 6

Municipal Body Type	Chairperson Title	Vice-Chairperson Title	Chief Municipal Officer Title	Member Title
Municipal Board	Chairman	Vice-Chairman	Executive Officer	Member
Municipal Council	President	Vice-President	Commissioner	Councillor
Municipal Corporation	Mayor	Deputy Mayor	Chief Executive Officer-cum-Commissioner	Corporator

Terms in Section 2 Related to Other Sections

Term	Definition (Section 2)	Related Sections
Auditor	Auditor as defined in the Rajasthan Local Funds Audit Act, 1954	Section 92 (Preparation of balance sheet), Section 93 (Audit of accounts)
Bio-medical waste	Any waste generated during medical diagnosis, treatment, immunization, research, or testing	Section 239 (Power to make regulations for the collection, removal and disposal of bio-medical waste), Section 282 (Offences and penalties for improper disposal of bio-medical waste)
Building	Any structure or enclosure, or any part thereof, whether used as a human dwelling or otherwise	Section 187 (Regulation of building activities), Section 194 (Removal of unauthorized constructions), Section 200 (Demolition of unsafe buildings), Section 207 (Regulation of dangerous and offensive trades), Section 210 (Removal of obstructions)
Chairperson	Person elected to preside over a Municipality, also referred to as "Mayor" in Municipal Corporations	Section 59 (Powers and duties of Chairperson), Section 71 (Power to acquire property), Section 86 (Removal of Chairperson), Section 90 (Preparation of budget estimates), Section 115 (Power to write off irrecoverable amounts)
Chief Municipal Officer	Chief Executive Officer of a Municipality	Section 71 (Power to acquire property), Section 90 (Preparation of budget estimates), Section 102 (Appointment of officers and servants), Section 115 (Power to write off irrecoverable amounts), Section 303 (Power to compound offences)
Commissioner	Chief Executive Officer of a Municipal Corporation	Section 58 (Powers and duties of Commissioner), Section 129 (Contents of bill for tax payment)
Contingency Fund	Fund established under Section 93 for unforeseen expenditure	Section 93 (Establishment of Contingency Fund), Section 94 (Operation of Contingency Fund)
Drain	Includes sewer, ditch, channel, and culvert for carrying water, sewage, or sullage	Section 104 (Power to levy user charges for drainage and sewerage), Section 236 (Construction and maintenance of drains), Section 238 (Provision for drainage and sewerage in building plans)
Executive Officer	Officer appointed by the State Government to assist a Municipal Board	Section 68 (Appointment of Executive Officer), Section 69 (Powers and duties of Executive Officer)
Holding	Smallest unit of assessment or taxation	Section 109 (Assessment of property tax)
Master Development Plan	Comprehensive spatial plan for a Municipality's development	Section 159 (Civic survey and preparation of Master Development Plan), Section 160 (Contents of Master Development Plan), Section 161 (Procedure for preparation of Master Development Plan), Section 162 (Publication of draft Master Development Plan)
Member	Elected or nominated member of a Municipality	Section 24 (Disqualifications for membership), Section 46 (Resignation of members), Section 83 (Disqualification of members), Section 86 (Removal of members)
Municipal area	Area within the jurisdiction of a Municipality	Section 3 (Delimitation of municipalities), Section 7 (Declaration of Municipality), Section 10 (Constitution of Municipality)
Municipal Board	Municipality established in a transitional area	Section 5 (Establishment and incorporation of Municipality), Section 68 (Appointment of Executive Officer), Section 69 (Powers and duties of Executive Officer)
Municipal Council	Municipality established in a smaller urban area	Section 6 (Constitution of Municipalities), Section 12 (Term of office of Council)
Municipal Corporation	Municipality established in a larger urban area	Section 6 (Constitution of Municipalities), Section 12 (Term of office of Corporation), Section 58 (Powers and duties of Commissioner)
Municipal Fund	Fund constituted under Section 79 for municipal finances	Section 79 (Constitution of Municipal Fund), Section 80 (Application of Municipal Fund)
Nuisance	Anything injurious to health, offensive to senses, or interfering with safety or comfort	Section 217 (Removal of nuisances), Section 218 (Abatement of nuisances)
Occupier	Person in actual possession of a building or land	Section 108 (Liability for property tax), Section 116 (Notice of transfer of property), Section 217 (Notice to abate nuisance)
Owner	Person receiving rent or profits from a building or land, or entitled to receive them	Section 108 (Liability for property tax), Section 116 (Notice of transfer of property), Section 194 (Notice to demolish unauthorized construction), Section 200 (Notice to repair or demolish unsafe building), Section 210 (Notice to remove obstruction)
Private street	Street not vested in a Municipality	Section 108 (Property tax exemption for private streets used as public thoroughfares)
Public street	Street vested in a Municipality	Section 108 (Property tax exemption for public streets), Section 184 (Rights of way for underground utilities), Section 210 (Removal of obstructions from public streets)
Sewage	Night-soil, contents of privies, urinals, cesspools, drains, trade effluents, manufactory discharges	Section 104 (Power to levy user charges for drainage and sewerage), Section 236 (Construction and maintenance of sewers), Section 238 (Provision for drainage and sewerage in building plans)
Solid Waste	Solid or semi-solid domestic, sanitary, commercial, institutional or industrial waste	Section 104 (Power to levy user charges for solid waste management), Section 230 (Collection and disposal of solid waste), Section 231 (Duty of occupier to remove solid waste)
State Election Commission	State Election Commission established under Article 243K of the Constitution of India	Section 16 (Constitution of State Election Commission), Section 17 (District Election Officers), Section 18 (Electoral rolls)
Transitional area	Area specified as such under Article 243Q of the Constitution of India	Section 5 (Establishment and incorporation of Municipality)
Urban land	Land vested in, or placed at the disposal of, a Local Authority for urban development	Section 165 (Acquisition of land for urban development)
Ward	Division of a Municipality for electoral and administrative purposes	Section 9 (Division into wards), Section 10 (Number of members), Section 18 (Preparation of ward-wise electoral rolls)

CHAPTER II - Constitution and government of municipality

Section 3

Delimitation of Municipalities

• Authority: State Government
• Changes:
  • Declare any area as Municipality
  • Include/exclude area within/from Municipality
  • Alter limits (amalgamate/split)
  • Dissolution of Municipality

Clauses & Provisions

Clause	Provision
(a)	Declare new Municipality / include area in existing Municipality
(b)	Exclude area from Municipality
(c)	Alter limits (amalgamate with or split Municipality)
(d)	Dissolve Municipality

State Government Powers

• New Municipality/Expanded Area: Election within 6 months.
• Excluded Area: Remove members representing area.
• Amalgamation:
  • Existing members join new entity.
  • Members of split Municipality continue until original term ends.
• Dissolution: Municipality dissolved.

Boundary Marks

• Duty: Municipality to erect & maintain boundary marks.
• Approval: By Collector or designated officer.

Vesting of Property & Liabilities

• Municipality Ceases: Property, funds vest in State Govt. (for local benefit).
• Area in Other Local Authority: Transfer property, rights, liabilities to new authority.
• Exclusion/Inclusion:
  • Proportion of assets/liabilities transferred between Municipalities.
  • Exception: No transfer if deemed undesirable by State Govt.

Adjacent Areas

• Mixed Premises: Govt. can designate primary Municipality for properties crossing boundaries.

Rules for Newly Included Areas

• Existing Rules & Orders: Automatically apply to new areas unless directed otherwise.

Conversion of Village Areas

Effect	Description
Cease Village Status	Area removed from village designation
Municipal Jurisdiction	Panchayat ceases; Municipality governs
Temporary Representation	Village heads (Sarpanch, Up-Sarpanch) and panch become temporary Municipal members
Asset Transfer	Village assets & liabilities transferred to Municipality
Taxation	Municipality continues tax collection
Regulations	Area no longer under Rajasthan Panchayati Raj Act, 1994

Facilitating Inclusion

• Government Directions: May issue directions for smooth inclusion.

Superseding Clause

• Overrides: Takes precedence over conflicting laws, including Rajasthan Panchayati Raj Act, 1994.

Section 4

Power to Exempt Municipal Board

• Authority: State Government
• Purpose: Exempt Municipal Board from specific provisions if unsuited

Section	Description
Exemption	State Govt. can exempt a Municipal Board from any provisions deemed unsuited to it via notification.
Reasoning	Must record reasons in writing for the exemption.
Reapplication	Exempted provisions remain inapplicable until re-applied by notification.
Temporary Rules	While exempt, State Govt. may create rules consistent with Act provisions for exempted matters.

Section 5

Establishment and Incorporation of Municipality

• Types of Municipalities: Based on area type (Transitional, Smaller Urban, Larger Urban)
• Characteristics: Body corporate with perpetual succession, common seal, and legal authority to sue or be sued.

Types of Municipal Entities

Area Type	Entity	Name Format
Transitional Area	Municipal Board	"Municipal Board of [Place Name]"
Smaller Urban Area	Municipal Council	"Municipal Council of [City Name]"
Larger Urban Area	Municipal Corporation	"Municipal Corporation of [City Name]"

Exceptions & Special Provisions

Industrial Township Exception

• Authority: Governor
• Conditions:
  • Size of area
  • Municipal services provided by industrial establishment
  • Declared via notification

Development Authority Provision

• Authority: State Govt
• Conditions: Cultural, historic, tourist, or other significant importance
• Powers:
  • Exclude area from Municipality or create additional Development Authority
  • Delegated powers for planned, rapid development
  • Notification in Official Gazette for delegation of functions and duties

Section 6

Composition of Municipality

• Election of Seats: Directly elected from territorial constituencies (wards).
• Minimum Seats: ==At least 20(earlier 13 )==, as fixed by State Government.

Composition Breakdown

Sub-section	Details
(1)	All seats filled by direct election from wards.
(a)	Representatives in Municipal Board/Council/Corporation:
- (i)	Member of Rajasthan Legislative Assembly for the area.
- (ii)	==3 persons or 10% of elected members== (whichever is less) with municipal expertise, nominated by State Govt. 6-8-12 Nominated members
(b)	House of People member for the area
Voting Rights	- Nominated members cannot vote. - Legislative Assembly member has voting rights in Municipal Board, Council and Corporation - House of People member has voting rights in Municipal Council/Corporation and not Board
(2)	Seats re-determined post-census based on population.
(3)	Specify number of general and reserved seats (women, SC/ST, Backward Classes).
(4)	Reservation for SC/ST proportional to their population in the municipal area.
(5)	Backward Classes reserved seats: - Proportional to OBC population if SC+ST population < 50% - ==Max 21 seats== - At least 1 seat reserved if SC+ST population ≤ 70%.
(6)	50% of reserved seats for SC/ST/Backward Classes reserved for women.
(7)	50% of total seats reserved for women (includes seats from (6)).
(8)	Reservations cease as per Article 334 of the Constitution of India.
(9)	All seats filled by direct elections, including general and reserved.

Section 7

Term of Office - Municipalities

Aspect	Details
Duration	5 years from the date of first meeting
Dissolution	Can be dissolved earlier under Act provisions
New Municipality Remaining Term	Formed upon dissolution of an existing Municipality Continues for the remainder of the original term
First Meeting Definition	Meeting of elected members after general elections

Section 8

Municipal Government to vest in municipality

Aspect	Details
Municipal Government	Vested in:
	- Municipal Board
	- Municipal Council
	- Municipal Corporation
Chairpersons	Responsible for carrying out Act provisions
Limitations	Governed by specific restrictions in the Act

Section 9

Division into Wards

Aspect	Details
Purpose	For elections
Wards	Number of wards = Total seats (Section 6 - min 13 as determined by State Govt)
Representation Basis	Based on population of each ward
Proportionality	Seats proportional to Municipality's population

Section 10

Determination of Wards

Aspect	Details
Authority	State Government determines wards
Determination Includes	(1) Wards for elections
	(2) Extent of each ward
	(3) Reserved seats for:
	- Scheduled Castes (SC)
	- Scheduled Tribes (ST)
	- Women (from SC/ST)
	- Backward Classes (BC)
	- Women (from BC)
	(4) Number of wards for women candidates

Reservation and Allocation

Aspect	Details
Rotation of Seats	Reserved seats may be rotated among wards
Boundary Determination	State Government determines ward boundaries
	Considerations:
	- Compact geographic areas
	- Distribution of SC/ST wards in populated areas
	- Numbering starts from north-west corner

Process

Step	Details
Draft Order Publication	Published for objections ==(minimum 7 days)==
Comments	Sent to concerned Municipality
Finalization	Objections and comments considered; amendments made if necessary

Section 11

Election to the Municipality

Aspect	Details
Authority	State Election Commission oversees elections
Responsibilities	- Preparation of electoral rolls
	- Conduct of all elections to the Municipality

Election Timeline

Condition	Details
Completion Deadline	1. Before expiry of Municipality's duration (Section 7)
	2. ==Within 6 months of dissolution==
	Note: ==No election needed if remainder < 6 months==

Election Process

Step	Details
State Government Action	Calls upon wards to elect members
	- Based on State Election Commission's recommendation
	- Notification specifies date(s) for elections

New Municipality Formation

Aspect	Details
Constitution	New Municipality to follow provisions for general elections

Support for Elections

Support Provided By	Details
State Government	Provides necessary staff upon request from State Election Commission

Section 12

Delegation of Functions of State Election Commission

Aspect	Details
Delegation Authority	Functions of the State Election Commission can be delegated
Delegates	- Deputy Election Commissioner
	- Secretary to the State Election Commission
Conditions	Delegation subject to general/special directions from the State Election Commission

Section 13

Electoral Roll for Every Ward

Aspect	Details
Preparation	Electoral roll for each ward prepared by:
	- Electoral Registration Officer (ERO)
	- Designated by State Election Commission
	- In consultation with State Government
Functions of ERO	- Prepare, revise, modify, update, publish rolls
	- Employ necessary personnel for electoral roll tasks
Assistance	- Assistant Electoral Registration Officers can be appointed by the State Election Commission
	- Assist ERO in performing functions
	- They can perform all or any ERO functions

Eligibility for Registration

Criteria	Details
Age Requirement	Minimum 18 years on the qualifying date
Residency	Must be ordinarily resident in the ward

Explanation of Residency

Condition	Details
Ordinary Residence	Not determined solely by ownership/possession of a dwelling
	Temporary absence does not affect residency
	Specific cases (e.g., mental health treatment, prison) do not count as ordinary residence
Determination	Based on relevant facts and State Government rules

Registration Limitations

Aspect	Details
Multiple Registration	- No person can register in more than one ward
	- No person can be registered more than once in electoral rolls
Qualifying Date	First day of January of the year of preparation/revision

Section 14

Disqualifications for Registration in an Electoral Roll

Disqualification Criteria	Details
1. Citizenship	Must be a citizen of India
2. Mental Competence	Must not be of unsound mind (as declared by a court)
3. Legal Disqualification	Disqualified under any law related to corrupt practices or election offenses

Post-Registration Disqualification

Condition	Details
Striking Off	Name struck off if a person becomes disqualified after registration
Re-entry Provision	Name re-entered if disqualification removed under law during the roll's validity

Section 15

Making False Declaration

Offense	Details
Context	False declaration related to:
	- Preparation, revision, or correction of electoral roll
	- Inclusion or exclusion of entries in electoral roll
False Declaration	Statement knowingly or intentionally false

Penalty

Type	Details
==Imprisonment==	==Up to 1 year==
==Fine==	==Minimum ₹2,000; Maximum ₹5,000==
Both	Possible combination of imprisonment and fine

Section 16

Chief Electoral Officer (CEO)

Role	Details
Designation	Appointed by State Election Commission (SEC)
	Consultation with State Government required
Supervision Authority	Operates under SEC's superintendence, direction, and control

Responsibilities of CEO

Function	Details
1. Electoral Roll Supervision	Oversees preparation, revision, and correction of all electoral rolls
2. Election Supervision	Manages conduct of all elections under the Act
3. Additional Powers	Executes other powers/functions as directed by SEC

Section 17

District Election Officers (DEO)

Designation	Details
Authority	Appointed by State Election Commission (SEC)
	Consultation with State Government required
Multiple DEOs	SEC can appoint multiple DEOs per district if needed

Jurisdiction and Supervision

Condition	Details
Multiple DEOs in a District	Each DEO assigned a specific area by SEC
Supervision Authority	Operates under Chief Electoral Officer (CEO)

Responsibilities of DEO

Function	Details
1. Election Coordination	Oversees and coordinates election activities in district municipalities
2. Additional Duties	Performs additional functions assigned by SEC or CEO

Section 18

Staff of Local Authorities to be Made Available

Authority Involved	Requirement
Local Authority	Must provide necessary staff when requested by Chief Electoral Officer (CEO)
Purpose for Staff	Assist in preparation and revision of electoral rolls

Staff Provision for Election Duties

Condition	Details
Additional Authorities	Authorities listed below must provide staff for election duties upon CEO's request:
Authorities Specified	- Local authorities
	- Institutions, concerns, undertakings established by State Act or funded by the State Government

Section 19

Officers and Staff Deemed to be on Deputation to the State Election Commission

Aspect	Details
Deployment	Officers and staff involved in electoral roll preparation, revision, correction, and election conduct are on deputation
Authority During Deputation	Under control and superintendence of the State Election Commission (SEC)
Duration of Deputation	For the entire period of their deployment in election duties

Section 20

Breach of Official Duty in Connection with Electoral Rolls

Aspect	Details
Offense	Failure or omission in performing official duty related to:
	- Preparation, revision, or correction of electoral roll
	- Inclusion or exclusion of entries in the electoral roll
Penalty for Breach	==- Imprisonment: Minimum 3 months, up to 2 years==
	==- Fine: Minimum ₹1,000, up to ₹2,000==
	- Both imprisonment and fine possible

Legal Protection and Complaint Procedure

Condition	Details
Protection from Suit	No legal proceedings for damages against officers for actions taken in duty performance
Complaint Requirement	Court can only take cognizance if complaint is authorized by:
	==- State Election Commission (SEC)==
	==- Chief Electoral Officer (CEO)==
	==- District Election Officer (DEO)==

Section 21

Qualifications for Membership in Municipality

Qualification Criteria	Details
Reserved Seats	Criteria based on reservation type
General Requirement	Must be an elector for any ward in the Municipality
Age Requirement	Minimum age of 21 years

Criteria for Specific Reserved Seats

Seat Type	Eligibility
1. SC/ST/Backward Classes Seat	Member of respective caste or class; elector in any ward
2. Woman Seat	Female elector in any ward
3. Woman (SC/ST/Backward Classes)	Female from respective caste/class; elector in any ward
4. General Seat	Any elector in any ward

Section 21A

Special Qualification for Election on Certain Seats (Section 21A)

Eligibility Criteria	Details
Age Requirement	Must be between 21 and 35 years
Other Requirements	Must fulfill general eligibility for the seat type

Seat Allocation Rules for Special Qualification

Seat Type	Max Seats with Special Age Requirement
Reserved Seats for SC/ST/BC/Women	Max 2 seats per category
Reserved Seats ≤ 3	Only 1 seat per category
Unreserved Seats ≤ 5	Only 1 seat
Unreserved Seats > 5	1 seat per block of 5; fractions <5 ignored, max 5

Notes

• The State Government determines which seats are subject to this special qualification.

Section 22

Restriction on Contesting Elections for Multiple Wards

Restriction	Details
Single Ward Limit	A candidate cannot contest elections in more than one ward.
Nomination Withdrawal	Must withdraw from all but one seat if nominated in multiple wards.
Deadline for Withdrawal	Withdrawal notice must be submitted by 3 P.M. on the last date for withdrawal.

Consequence of Non-Compliance

• Automatic Withdrawal: If a candidate does not withdraw from all but one ward by the deadline, they will be deemed to have withdrawn from all wards.

Section 23

Restrictions during Elections

Section	Description
Scope	Restrictions on vehicles, loudspeakers, displays
Authority	State Election Commission (SEC)
Period	From election notification to completion of election

Penalties for Violation

Violation	Punishment
Contravention	==Fine up to ₹2,000==
Disqualification	==Up to 6 years from SEC order==

Disqualification Details

• Authority: SEC can disqualify offenders
• Removal or Reduction of Disqualification: Possible by SEC order with recorded reasons

Legal Cognizance

• Court Action: Only on complaint by authorized officer of SEC

Section 24

General Disqualifications for Municipality Members

Disqualification Criteria

Clause	Condition
(i)	Convicted of moral turpitude/offence (6+ months imprisonment)	Disqualification ceases 6 years after release from imprisonment
(ii)	Convicted under [[# Section 245]] of this Act
(iii)	Under trial for offences punishable with 5+ years imprisonment
(iv)	Convicted under Prevention of Food Adulteration Act, 1954
(v)	Order under section 117, CrPC for section 110, CrPC (not reversed)	Ceases after period of security order expires
(vi)	Dismissed/removed for misconduct from government/local authority
(vii)	Debarred from professional practice by authority
(viii)	Holds place of profit in Municipality's disposal
(ix)	Disqualified under section 35 or 41	Ceases after disqualification period unless removed by SEC
(x)	Disqualified under any law for Rajasthan Assembly elections
(xi)	Holds salaried/part-time appointment in government/local authority
(xii)	Holds appointment under a university or state-financed entity
(xiii)	Undischarged insolvent
(xiv)	Adjudged as unsound mind by competent court
(xv)	Holds interest in Municipality's contracts/supplies (directly/indirectly)	- No disqualification for: - Share in joint stock companies (not as managing director) - Share in property agreements - Interest in newspapers for Municipal affairs - Holding debentures or loans raised by Municipality - Occasional sale/hire of articles (value limits apply -upto ₹2000 or higher but <5k determined by state govt)
(xvi)	Employed as legal practitioner against Municipality at nomination time
(xvii)	More than two children	- More than two children disqualification not applicable if number does not increase from 27th November 1995. - Explanation: Multiple births count as one entity; children given for adoption included in count.
(xviii)	In arrears of municipal dues (2+ years, recovery initiated)
(xix)	Convicted for misappropriation/embezzlement of municipal property/funds

Section 25

Right to Vote

Point	Description
Eligibility	Registered in electoral roll of the ward
Disqualifications	Cannot vote if disqualified (refer to [[#Section 14]])

Voting Regulations

Regulation	Description
One Ward	Vote only in one ward; multiple votes void
Same Ward	Vote only once per election in a ward; multiple votes void
Prisoners	No voting if confined in prison or police custody
Exception	Preventive detention does not disqualify voting

Section 26

Manner of Voting at Election

Voting Process

Point	Description
Voting Method	Votes given by ballot; no proxy voting allowed
One Vote	Each elector has one vote; multiple votes for candidates result in rejection
Voting Machines	Use of voting machines may be prescribed by State Election Commission for specific wards

Definitions

Term	Definition
Voting Machine	Any electronic or non-electronic apparatus used for voting or recording votes
Ballot Reference	References to ballot boxes/papers include voting machines where applicable

Section 27

Casual Vacancy Filling

Filling Process

Step	Description
1	Filled by bye-election.
2	Bye-election fixed as soon as possible.
3	Conducted as per general election provisions.

Term of Office

• Member elected holds office until original member's term ends.

Special Conditions

Condition	Description
Reason for Vacancy	Death, resignation, removal.
Reserved Seats
SC/ST/Backward Classes	Filled by member of corresponding caste/tribe/class.
Women Reserved Seats	Filled by a woman.

Short-Term Vacancies

• If vacancy term ≤ 6 months:
  • State Government may leave unfilled until next general election.

Section 28

Electoral Offences

Relevant Sections from RP Act, 1951

• Sections Applicable: 125, 126, 127, 127A, 128, 129, 130, 131, 132, 132A, 133, 134, 134A, 134B, 135, 135A, 135B, 135C, 136.

Modifications for Local Context

• References in Sections:
  • (a) Election → References to an election under this Act.
  • (b) Constituency → References to a ward.
  • (c) In sections 125, 127:
    • Replace "under this Act" with "under the Rajasthan Municipalities Act, 2009".
  • (d) In sections 134, 136:
    • Replace "by or under this Act" with "by or under the Rajasthan Municipalities Act, 2009".
  • (e) In section 135B(1):
    • Replace "House of the People or Legislative Assembly of a State" with "ward of the Municipality".

Section 29

Corrupt Practices in Elections

Definition

• Corrupt Practices: Activities deemed unlawful in the context of elections.

Key Practices

Practice No.	Description
(i)	Bribery: Gifts, offers, or promises to induce candidates or electors to act (vote, withdraw, etc.). - Gratification: Includes non-pecuniary rewards; excludes bona fide election expenses.
(ii)	Undue Influence: Interference with the free exercise of electoral rights, including threats or coercion. - Includes social ostracism or threats of divine displeasure.
(iii)	Religious/Caste Appeals: Appeals to vote based on religion, race, caste, community, or language. - Use of religious or national symbols for electoral gain is prohibited.
(iv)	Promotion of Hatred: Promoting enmity between classes on grounds of religion, race, caste, etc.
(v)	Sati Glorification: Promoting or glorifying the practice of sati. - Defined per the Commission of Sati (Prevention) Act, 1987.
(vi)	False Statements: Publishing false statements about candidates to prejudice their election prospects.
(vii)	Hiring Vehicles: Hiring vehicles for elector transport to polling stations, except under specific exemptions (e.g., public transport or non-mechanical vehicles).
(viii)	Expenditure Violations: Incurring unauthorized election expenditures contrary to rules.
(ix)	Government Assistance: Obtaining assistance from government employees (e.g., Gazetted Officers, armed forces) for election prospects. - Agent Definition: Includes election, polling, or counting agents acting with candidate consent.

Section 30

Jurisdiction of Civil Courts in Electoral Matters

Aspect	Details
Civil Court Jurisdiction	- No jurisdiction in electoral matters
	- Specific exclusions:
	- Delimitation of wards
	- Allotment of seats to wards
	- Preparation of electoral rolls
	- Conduct of elections
Election Challenges	Details
Election Petitions	- Only way to challenge elections
	- Must be presented as per the Act's provisions
	- No civil court challenges allowed

Section 31

Election Petition

Aspect	Details
Filing Timeframe	- Within ==one month== from the date of election
Jurisdiction	- Filed before the District Judge
	- Jurisdiction over municipal area

Grounds for Challenging Election

Grounds	Description
(a) Qualification Issues	- Candidate not qualified or disqualified
(b) Corrupt Practices	- Corrupt practices as per Section 29
(c) Nomination Issues	- Improper rejection of any nomination
(d) Materially Affected Results	- Affected by:
	(i) Improper acceptance of a nomination
	(ii) Corrupt practices by others
	(iii) Improper vote handling (reception/refusal)
	(iv) Non-compliance with Act provisions
(e) Majority Vote Claims	- Petitioner/other candidate received majority of valid votes
(f) Corruption Impact	- Votes obtained through corrupt practices affected results

Section 32

Appeals from Orders of District Judge

Aspect	Details
Right to Appeal	- Appeal to High Court from District Judge orders
Jurisdiction & Authority	- High Court has same powers as in civil appellate jurisdiction
	- Follows same procedure as appeals from civil courts

Appeal Timeline

Timeline	Details
Filing Period	- ==Within 30 days== from the order date
Extension of Time	- High Court may entertain late appeals for sufficient cause

Specific Provisions

Provision	Details
Stay of Operation	- Appeal against order declaring election void
	- High Court may stay order if sufficient cause is shown
Expedited Hearing	- Appeals to be decided as expeditiously as possible
	- Target to ==resolve within 3 months== from appeal filing date

Section 33

Procedure Where Election of All Candidates is Set Aside

Aspect	Details
Election Void Declaration	- All members or > two-thirds declared void under Section 31 or Section 32
Dissolution of Municipality	- State Government shall dissolve Municipality
	- Provisions of Section 322 apply (excluding sub-section 1) - section 322 - State Government's power to dissolve municipalities - sub-section 1 - No opportunity for Municipality to explain or be heard before dissolution.

Section 34

Finality of Orders and Decisions

Aspect	Details
Final Decision	- Decision of High Court on appeal under Section 32 is final
	- District Judge's order under Section 31 is also conclusive, subject to High Court decision

Section 35

Disqualifications

Grounds for Disqualification

Grounds	Description
(a) Electoral Offences	- Referenced in Section 28
(b) Corrupt Practices	- Specified in Section 29

Disqualification Period

Aspect	Details
Duration	- ==6 years== from:
	- Date of District Judge's finding
	- Date of conviction for electoral offence

Section 36

Removal or Reduction of Disqualification

Aspect	Details
Authority	- State Election Commission
Actions	- May remove disqualification under clause (a) of Section 35(1) i.e. electoral offence mentioned in Section 28 ( which relates to RPA 1951)
	- May reduce disqualification period
Documentation	- Reasons to be recorded in writing

Section 37

Oath of Office

Point	Description
Oath Requirement	Every member must make and subscribe an oath.
Authority	Before officer authorised by state govt ( previously collector)
Timeframe	Must comply within ==1 month== of:
	- First meeting of Municipality
	- Bye-election (Elected in bye-election) or nomination ( Nominated Member )
Consequence of Non-compliance	Seat deemed vacated if not complied.
Exception	Jail time (under trial, detenue, political prisoner) excluded from calculation.

Section 38

Resignation

Point	Description
Resignation Procedure	Member resigns by written notice to Chairperson.
Attestation	Notice must be attested by an Executive Magistrate.
Effectiveness	Takes effect after 15 days from notice date or acceptance, whichever is earlier.

Section 39

Removal of Member (Amended in March 2023)

Grounds for Removal (Sub-section 1)

Ground	Description
(a) Absenteeism	Absent for ==> 3 consecutive general meetings== without leave.
(b) Oath Compliance	Fails to comply with [[#Section 37]] (Oath of Office).**
(c) Disqualification	Incurred disqualification as per [[#Section 14]], [[#Section 24]], [[#Section 21]]
(d) Misconduct	Includes:
	- Neglecting duties
	- Guilty of misconduct
	- Disgraceful conduct
	- Incapable of performing duties
	- Disqualified under provisions of the Act
	- Abused position as a member

Procedure for Removal (Sub-section 2)

• Inquiry Requirement:
  • Removal after inquiry by State Government or directed officer (existing or retired officer not below the rank of State level services) .
  • Member must be given an opportunity to explain.
• Initiation of Removal:
  • By State Government’s motion or Municipality report.
  • Member remains in office until removed; retains rights and duties.

Special Provisions (Sub-section 3-4-5)

Provision	Description
(3) Inquiry on Grounds (c) - disqualification (d) - misconduct	Government must outline charges for inquiry by a District Judge.
(4) Judicial Inquiry	Judicial Officer to inquire, hear member, record findings.
(5) Judicial Powers	Powers akin to civil court for:
	- Summoning witnesses
	- Document discovery
	- Requisitioning public records

Suspension (Sub-section 6)

• Suspension Authority:
  • Government may suspend member during inquiry.
  • Suspended member cannot participate in Municipality proceedings.

Final Orders (Sub-section 7)

• Publication:
  • Final order published in Official Gazette.
• Finality:
  • Order not challengeable in court.

Section 40

Inquiry After Term Expiry

Point	Description
(1) Inquiry Authority	Allegations against member, Chairperson, Vice-Chairperson can be inquired into after term expiry.
Nature of Allegations	Related to clause (d) of sub-section (1) of [[#Section 39]] i.e. misconduct
Continuation of Inquiry	- Ongoing inquiries can continue post-term expiry.
	- Findings recorded in writing by State Government.
	- Must conform to Judicial Officer’s findings ([[#Special Provisions (Sub-section 3-4-5) |section 39(4)]]).

Sub-section Applications

Point	Description
(2) Findings and Provisions	Provisions of [[#section 39|Section 39(6)]] apply to State Government findings.

Re-election Scenario

Point	Description
(3) Re-elected Members	If re-elected and inquiry initiated for previous term:
	- Provisions of [[#section 39|Section 39]] apply mutatis mutandis.	re-election does not protect an official from facing consequences for actions during a previous term.

Section 41

Disability of Members Removed Under Section 39

Aspect	Details
Eligibility for Re-election	Not eligible
Duration	6 years
Applicable Sections	[[#section 39|39(1)(d)]] - misconduct, [[#section 40|40]] - adverse finding
Date of Effect	From date of removal/adverse findings

Section 42

Restrictions on Simultaneous Membership

• Simultaneous Membership:
  • Prohibited: Holding dual membership

Rules for Membership

Current Position	New Election Result	Action Required
Member of Parliament/State Assembly/Panchayat Raj	Elected to Municipality	Cease to be Municipality member ==after 14 days== unless resigned
Member of Municipality	Elected to Parliament/State Assembly/Panchayat Raj	Cease to be Municipality member ==after 14 days== unless resigned

Section 43

Chairperson and Vice-Chairperson of Municipalities

Key Positions

Municipal Body Type	Chairperson Title	Vice-Chairperson Title	Chief Municipal Officer Title	Member Title	Chairman resign to
Municipal Board	Chairman	Vice-Chairman	Executive Officer	Member	Collector
Municipal Council	President	Vice-President	Commissioner	Councillor	Collector
Municipal Corporation	Mayor	Deputy Mayor	Chief Executive Officer-cum-Commissioner	Corporator	Divis

Election & Reservation

Office	Election Method	Reservation Details
Chairpersons	Elected in prescribed manner	Reserved for SCs, STs, Backward Classes, Women, reservation till expiration of article 334 of constitution
State Allocation	Based on population ratios	Offices distributed statewide

Conditions of Membership

Condition	Details
Absence	> 1 month → Cease unless granted leave
Leave Duration	Max 6 months
Vice-Chairperson Transition	Elected if vacant
Resignation	Vice-Chairperson Written notice to Chairperson ; Chairperson Written notice to officer authorised by state govt; takes effect on acceptance or 30 days
Vacancy Filling	Within 6 months ; state govt can extend upto 3 months more; residue term

Removal & Confidence

Removal Circumstance	Details
Want of Confidence	Resolution passed → Office vacated
Removal Grounds	As per clause (d), [[# section 39]]

Term of Office

• Duration: Corresponds with Municipality term

Financial Provisions

• Allowances: Monthly allowances & facilities from municipal fund as prescribed

Official Communication

• Publication: Names of elected Chairperson & Vice-Chairperson in Official Gazette

Section 44

Validity of Election of Chairperson or Vice-Chairperson

Aspect	Details
Jurisdiction	District Judge (territorial jurisdiction over municipal area)
Challenging Election	Only via election petition
Eligible Petitioners	- Defeated candidates - Candidates with rejected nominations
Deposit Requirement	INR 1,000 (along with petition)
Transfer of Petition	- District Judge can transfer to subordinate judge - Must record reasons in writing
Frivolous Petitions	forfeiture of deposit to State Government

Section 45

Core Municipal Functions

Function Category	Duties
Public Health & Sanitation	Public health, sanitation, solid waste mgmt., drainage, street cleaning, removing nuisances, offensive matters
Lighting & Safety	Street lighting, fire extinguishing, protecting life/property
Trade & Public Spaces	Regulating offensive trades, removing obstructions in public spaces, managing dangerous buildings
Disposal & Maintenance	Disposal of dead, animal carcasses, maintaining cemeteries, public streets, culverts, wells, tanks
Public Facilities	Constructing latrines, privies, urinals, baths, fountains
Street & Building	Naming streets, numbering houses, marking boundaries
Registration	Birth & Death registration
Animal Control	Detaining stray dogs as per [[# Section 249]]
Police & Security	Salaries & facilities for municipal police, volunteer force for security
Waste Management	Compost manure preparation from waste
Cattle Management	Establishing & maintaining cattle pounds
Population & Family Welfare	Promoting family welfare, population control
Economic & Social Development	Plans for economic development & social justice
Transport & Communication	Roads, footpaths, terminals, bridges, subways, ferries
Transport Systems	Traffic engineering, parking, street furniture, bus stops
Urban Development	Planned human settlement, beautification, parks, landscaping
Community Statistics	Data collection & community statistics
Regional Integration	Integrate municipal plans with district/regional plans
Education & Culture	Promoting educational, sports, cultural activities
Transparency	Disclosing financial & development information to public
Animal Welfare	Prevent cruelty to animals
Other Duties	Any statutory/regulatory functions as per the law

Performance & Delegation

• Managerial Capacity: Municipality may defer tasks based on capacity & conditions.
• State Government Oversight: Can direct municipality to perform deferred functions.
• Infrastructure Management: Municipality can build, operate, manage infrastructure directly or via agreements ([[# Section 154]]).

Section 46

Other Municipal Functions

Undertaking of Additional Functions

• Condition: After satisfactory performance of core functions, based on managerial, technical, and financial capacity.

Key Functions by Sphere

Sphere	Duties & Activities
Environment Protection	- Reclamation of waste lands, social forestry, open spaces
	- Nurseries for plants & greenery promotion (mass participation)
	- Flower-shows, civic flower-growing
	- Pollution abatement measures
Public Health & Sanitation	- Mass inoculation campaigns
	- Reclamation of unhealthy areas
	- Public tank maintenance; regulation of private water sources
	- Civic health awareness (seminars, discourses)
Education & Culture	- Promotion of civic, adult, social & non-formal education
	- Cultural activities: music, sports, theatre infrastructure
	- Science & technology advancement in urban life
	- Publications (journals, souvenirs); purchase of reading materials
	- Statues, portraits, pictures installation
	- Art galleries, botanical/zoological collections
	- Conservation of monuments, historical sites
	- Public libraries, museums, reading rooms, asylums maintenance
Public Welfare	- Shelters for natural/technological disaster victims
	- Support for hospitals, dispensaries, asylums, rescue homes
	- Homeless shelters
	- Rehabilitation of scavengers and families
	- Community welfare (voluntary labour, NGO coordination)
	- Public welfare campaigns
Community Relations	- Civic receptions, paying homage to distinguished persons
	- Fairs and exhibitions
	- Public interest information dissemination

Section 47

Functions Assigned by the Government

• Authority: State Government can assign additional functions to Municipality.
• Criteria:
  • Based on necessity and municipal resources.
  • Order Type: General or special, as deemed appropriate by the State Government.
• Purpose: To address specific needs or priorities not covered by core or other municipal functions.

Section 48

Functions of Chairperson and Vice-Chairperson

Chairperson's Duties and Powers

• Meetings:
  • Convene regular meetings (as per [[# Section 58]]).
  • Preside over meetings, unless reasonably unable.
  • Regulate meeting conduct (as per [[# Section 337]], sub-sec 2, clause xiii).
• Oversight:
  • Monitor financial and executive administration.
• Powers:
  • Execute specific powers and duties as outlined in the Act.
  • Additional executive functions as prescribed by the law.

Vice-Chairperson's Duties and Powers

• Delegated Powers: Exercise powers delegated by the Chairperson.
• Acting Authority:
  • Preside over meetings in Chairperson’s absence, with equivalent authority.
  • Perform Chairperson’s duties when Chairperson is on leave.

Section 49

Powers and Duties of the Chief Municipal Officer

Primary Responsibilities

• Custody and Maintenance: Responsible for all Municipality records.
• Legal Compliance:
  • Advises Municipality, committees, or Chairperson on legal compliance if any action/resolution is inconsistent with the Act or rules.
  • Records dissent if needed and reports to the State Government ==within 7 days.==

Liability & Reporting

• Negligence Penalty: Personally liable for any losses from negligence in duties.
• Dissent Note Review: State Government may issue binding orders on Municipality based on dissent review. if no such order ==within 30 days== then Municipality may proceed

Authentication and Correspondence

• Authentication: Signs all resolutions, licenses, permissions; required for legal validity.
• Correspondence:
  • Receives and sends correspondence in the name of the Municipality.
  • Can be addressed to or issued by the Chairperson if necessary.

Other Duties

1. Audit Compliance:
   • Rectify defects from audits promptly.
   • Report fraud, embezzlement, or municipal losses.
2. Documentation:
   • Provide copies of any minutes, statements, or documents upon request by the State Government or Municipality.
3. Policy Execution:
   • Ensure policies, decisions, and directions of the Municipality are implemented, following legal requirements.
4. Meeting Participation:
   • May provide explanations on discussion topics but cannot vote or propose.
5. Supervisory Role:
   • Supervises officers and employees of the Municipality, under Chairperson’s general control.

Additional Powers

• Delegated Powers: Exercises any specific powers entrusted by the State Government during administrative needs.

Section 50

Handing Over Charge

Situations for Handing Over Charge

1. Chairperson:
   • Resigns, is removed, vacates office, is suspended, or election is void.
2. Vice-Chairperson:
   • Resigns, is removed, vacates office, is suspended, or election is void.
3. Member:
   • Resigns, is removed, suspended, or election is void.
4. Municipality:
   • Is dissolved or becomes defunct.

Handover Process

Position	Handover To
Chairperson	Vice-Chairperson; if no Vice-Chairperson, directed member by State Govt.
Vice-Chairperson	Chairperson; if no Chairperson, directed member by State Govt.
Member	Chairperson; if no Chairperson, to Vice-Chairperson
Defunct Municipality	New Municipality or appointed officer under [[# Section 322]]

• Special Case for Reserved Categories:
  • Reserved Office (SC, ST, BC, or Women): Charge to be given to member from the same category if possible.

Charge Duration

• Temporary Holder: Holds charge for max 60 days or until regular successor assumes charge.

Failure to Hand Over

• Non-compliance: Successor can assume charge; deemed as legal handover.

CHAPTER III Conduct of Business and ward committee

Section 51

Meetings of Municipality

Type	Frequency	Key Points
General	Once ==every 60 days; 6 times/year==	Conducted per prescribed procedure
Special	Called by Chairperson ==within 7 days==	Requested by ==at least 1/3 of elected members==; must specify resolution
Failure to Call Special Meeting	Chief Municipal Officer calls ==within 10 days== after Chairperson's deadline

Section 52

Rights & Privileges of Members

Right/Privilege	Description
Attention Call	Member can notify authorities of neglect, wastage, civic issues, suggest improvements
Question Chairperson	Allowed to question Chairperson, move resolutions on municipal matters (subject to rules)
Inspect Records	Right to inspect municipal records ==without fees==; must notify Chief Municipal Officer

Section 53

Motion of No Confidence

Aspect	Details
Motion Conditions	No-confidence motions for Chairperson/Vice-Chairperson made per prescribed procedure
Time Restrictions	- No motion ==within 1 year== of assuming office
	- If motion fails, ==no new motion for 2 years== for same Chairperson/Vice-Chairperson

Section 54

Constitution of Wards Committee

Criteria	Details
Applicability	Required for Municipalities with ==population ≥ 3 lakh==
Composition	1. Municipality members representing wards in area
	2. ==Up to 5 nominated members== (==age ≥ 25==, with expertise in municipal administration)
Disqualification	Nominees disqualified if they would be ineligible for election per relevant laws

Chairperson of Wards Committee

Scenario	Appointment Process
Single-Ward Committee	Ward’s representative in the Municipality becomes Chairperson
Multi-Ward Committee	Chairperson elected annually from ward representatives by Committee members
Chairperson Term	Holds office until successor is elected; eligible for re-election
Vacancy Before Term End	New Chairperson elected; holds office for remaining term of predecessor

Wards Committee Operations

Operational Aspect	Details
Duration	Co-extensive with the Municipality’s duration
Functions & Duties	Defined by Municipality through official order
Quorum	==3 members (including Chairperson)==
Procedure	Rules set by Municipality for business transactions

Section 55

Committees in Municipality

Executive Committee

Composition	Members
Mandated Members	1. Chairperson
	2. Vice-Chairperson
	3. Opposition Leader
Additional Members	- Municipal Corporation/Council: ==7 elected members, including 2 women==
	- Municipal Board: ==Max 5 elected member==s as determined by the Board
	4. Chairpersons of other committees constituted under sub-section (3)
Secretary	Chief Municipal Officer (ex-officio)

Other Committees

Committee Types	Max Members	Specific Committees
Permanent Committees	==Up to 10==	1. Finance Committee
		2. Health and Sanitation Committee
		3. Buildings Permission and Works Committee
		4. Slum Improvement Committee
		5. Rules and Bye-laws Committee
		6. Compounding and Compromising of Offences Committee
Additional Committees	Varies	- Municipal Corporation: ==Max 8 additiona==l committees
		- Municipal Council: ==Max 6 additional== committees
		- Municipal Board: ==Max 4 additional== committees
State Government Authority		Can increase max number of committees based on municipal needs

Committee Powers & Timelines

Aspect	Details
Powers and Functions	Prescribed powers, duties, and functions for Executive and other committees
Constitution Timeline	Committees to be constituted ==within 90 days== of Municipality constitution
	State Government may step in if Municipality fails to form committees within the timeframe
Nominated Members	Eligible to be appointed to any committee

Section 56

Inclusion of Non-Members on Committees

Provision	Details
Eligibility	Municipality may appoint non-members with special qualifications to committees (except Executive Committee)
Resolution Requirement	Appointment requires resolution ==supported by ≥ 50%== of all Municipality members
Limit on Non-Members	==Max one-third== of committee members can be non-members
Applicable Provisions	Non-members subject to same duties, powers, liabilities, disqualifications as regular members

Section 57

Chairmanship of Committees

Situation	Chairmanship Assignment
Chairperson in Committee	Chairperson of Municipality serves as ex-officio Chairman of that committee
Vice-Chairperson in Committee	If Chairperson is absent, Vice-Chairperson becomes ex-officio Chairman
No Ex-Officio Chairman	Municipality may appoint a Chairman from committee members
Chairman Absence at Meeting	Committee selects temporary Chairman from members for that meeting
Committee Without Appointed Chairman	Committee elects its own Chairman from members as needed

Section 58

Procedure at Meetings

Provision	Details
Ordinary Meetings	Must be conducted ==within 2 months== following prescribed procedure
Absence of Chairman	Chairperson or Vice-Chairperson may call a meeting if Chairman is ==absent for >15 days==
Special Meetings	Can be called by Chairman on request from ==Chairperson or ≥ 2 committee members==; must be within ==2 days of request==
Quorum Requirement	No business transacted ==unless ≥ 50% of committee members== present

Section 59

Compliance with Municipality Instructions

Provision	Details
Adherence to Municipality	All committees, including Wards Committees, must follow instructions from the Municipality
Expenditure Approval	Committees cannot approve schemes or expenditures unless pre-approved in the annual/supplementary budget
Reporting to Municipality	Municipality can request proceedings, accounts, or reports from committees; must comply promptly
Revision of Resolutions	Resolutions passed by committees under [[# Section 54]] and [[# Section 55]] are subject to revision and appeal to Municipality

Section 60

General Functions of the Ward Committee

Function Number	Function Description
(a)	Assist in solid waste management in the ward
(b)	Supervise sanitation work in the ward
(c)	Prepare and encourage development schemes for the ward
(d)	Promote harmony and unity among various groups in the ward
(e)	Mobilize voluntary labor and donations (goods/money) for social welfare programs
(f)	Assist in implementing development schemes related to the ward
(g)	Identify beneficiaries for development and welfare schemes
(h)	Encourage art, cultural activities, and sports and games
(i)	Ensure people's participation in voluntary activities for successful implementation of development activities
(j)	Assist in the timely collection of taxes, fees, and other dues to the Municipality
(k)	Maintain parks in the ward
(l)	Maintain street lighting in the ward
(m)	Perform other functions as assigned by the Municipality

Section 61

Delegation of Powers, Duties, and Functions

Provision	Details
Delegation of Powers	Powers, duties, or executive functions of the Municipality can be delegated to committees, subject to prescribed restrictions and conditions.
Vacancy of Chairperson	If Chairperson's office is vacant and no Vice-Chairperson is available, the Municipality shall delegate powers to a suitable member until a new Chairperson is elected.
Reservation for Certain Classes	If the Chairperson's position reserved for SCs, STs, Backward Classes, or women is vacant, the powers shall be delegated to a member from those groups. If none are available, another suitable member may be chosen.

Section 62

Validity of Acts and Proceedings

Provision	Details
Disqualification	No act or proceeding invalidated by member disqualifications or defects in election/nomination/appointment.
Election Petition Result	Member declared not duly elected ceases to act; previous acts remain valid until declaration date.
Notice Irregularity	Resolutions not invalidated due to irregular service of notice, provided proceedings not prejudiced.
Meeting Validity	Minutes signed = meeting deemed duly convened; members deemed duly qualified.
Vacancies	Continuing members can act during vacancies as if no vacancy exists.

Section 63

Municipal Fund Liability

• Municipal Fund: Liable for all costs/expenses related to contracts/agreements by the Municipality.
• Personal Liability:
  • Chairperson/Vice-Chairperson/Member: Not personally liable for contracts/agreements.
  • Exception: Liable for misapplication, loss, waste of municipal funds/property if due to misconduct or neglect.

Liability Conditions

• Misapplication: Chairperson/Vice-Chairperson/member/officials liable if:
  • Direct result of neglect.
  • Caused/facilitated by misconduct.

Role	Liability Type	Condition
Chairperson/Member	Misapplication, loss, waste	Misconduct or neglect
Chief Municipal Officer	Loss, waste	Direct consequence of misconduct/neglect

Section 64

Interest in Contracts

• Restriction: No interest in municipal contracts/employment (direct/indirect) for members, officers, except as a municipal servant.
• Consequence: Disciplinary action under relevant rules.

Section 65

Penalty for Members/Officers Interested in Contracts

Individual	Violation	Penalty Type	Amount	Additional Action
Member	Acquires share/interest in contracts/employment with Municipality (beyond permissible).	Fine	==Up to ₹5000==	None
Officer/Servant	Acquires share/interest in contracts (except own employment).	Fine + Disciplinary action	==Up to ₹5000==	Disciplinary as per rules

Section 66

Public Servant Status

• Designation: Members, officers, employees, lessees, and their employees = public servants (as per IPC, Section 21).

CHAPTER IV Municipal Property

Section 67

Power to Acquire and Hold Property

Provision	Details
Acquisition of Property	Municipality can acquire and hold movable/immovable properties by gift, purchase, etc. anywhere

Section 68

Vesting of Property

Provision	Details
Vesting of Property	All specified properties vest in Municipality unless reserved by State Government.

Types of Properties Vested

Type of Property	Description
Public Lands	All vested public lands.
Public Buildings	Markets, slaughterhouses, maintained buildings from municipal funds.
Water Bodies	Tanks, streams, reservoirs, aqueducts, and related structures.
Public Infrastructure	Sewers, drains, streets, pavements, and materials for public streets.
Public Parks and Gardens	Includes squares and open spaces.
Public Ghats	Access points for rivers or tanks.
Government Lands	Lands vested by State Government by order. State Government can resume this if mismanaged or needed for public interest.
Public Lamps	All lamps and connected apparatus.
Government Buildings	Private lands/buildings transferred by gift.
Disposal Places	Public places for the disposal of the dead, excluding those under specific laws.
Solid Wastes	Includes dead animals and birds collected in public spaces.
Stray Animals	All stray animals not belonging to private individuals.

Section 68A

Vesting of Land in Municipality

all land except Nazul Land

Section 69

Methods of Acquisition

Provision	Details
Types of Acquisition	Municipality may acquire property through:
	1. Agreement
	- Immovable property
	- Easements affecting immovable property
	2. Exchange
	3. Lease
	4. Grants/Dedications
	- Accept grants or dedications for functions
	5. Trust Beneficiary
	- Beneficiary of trusts under relevant trust acts

• Prior approval of the State Government required

Section 69A

Acceptance of Surrender of Rights in Certain Lands and Issue of Lease Deed

Aspect	Details
Applicability	Non-agricultural land within municipal area
Holder's Rights	Surrender rights in land to Municipality
Purpose	Obtain leasehold rights from Municipality
Process	Prescribed manner for surrender
Rights Transfer	Rights vest in Municipality upon acceptance
Conditions for Lease	- Subject to Act and rules - Payment of fee/charges as per State Govt.
Lease Covenant	Subject to existing covenants & encumbrances

Section 70

Compulsory Acquisition of Land

Provision	Details
Compulsory Acquisition	- State Government may acquire land for Municipality needs under Land Acquisition Act, 1894.
	- Payment of compensation to the State Government by the Municipality required.
	- Land or rights vest in Municipality post-compensation payment.

Section 71

Allotment and Regularization of Lands

Provision	Details
Eligibility	- Lands placed at Municipality's disposal under Rajasthan Land Revenue Act, 1956.
	- Preferential allotment/regularization to:
	- Persons with possession based on specified documents.
	- Individuals who surrendered land under the Act.
Conditions	- Subject to examination of eligibility.
	- Charges/premiums payable to the Municipality as prescribed by the State Government.
Prohibition	- No allotment/regularization on lands earmarked for public utilities/services:
	- Examples: parks, roads, hospitals, schools, etc.
Charges	- Credited to:
	- Consolidated Fund of the State.
	- Municipality's fund as determined by the State Government.

Section 72

Contracts for Municipal Works

Provision	Details
Authority	- Officers appointed by the State Government can execute municipal works.
Contracts	- Can make necessary contracts for execution of works within budget limits.
Payment	- Municipality to pay appointed persons for works carried out, up to specified amounts.
Control	- Subject to State Government's control and regulations.

Section 73

Property Transfer Provisions

Provision	Description
Transfer Powers of Municipality	Municipality can lease, sell, regularize, allot, or transfer property (movable/immovable) with conditions
Inclusions	Municipal land, Government land
Purpose	Enable necessary contracts, consistent with Act and rules

Conditions for Valid Transfer

Condition	Details
Legality	Must align with Act and rules
Government Land Transfer	Needs confirmation by prescribed authority in prescribed manner

Definition of "Government Land"

Clause	Description
Clause (a)	Land vested in Municipality under [# Section 68](h)
Clause (b)	Nazul land (Rajasthan Land Revenue Act, 1956)
Clause (c)	Land allocated by State Government to Municipality

State Government’s Authority (Section 73(2))

Power	Description
Record Review	State Govt./authorized officer can review records for accuracy, legality, propriety
Hold Action	May pause actions (lease, sell, allot, etc.) until examination completes
Modify/Cancel Proposal	If proposal violates Act provisions, can cancel, modify, or rescind in whole or part
Publication Requirement	Order to be published in Official Gazette for modifications or cancellations

Unauthorized Occupation (Section 73(3))

Situation	Result
Transfer in Contravention of Act	Occupant deemed in unauthorized occupation under Rajasthan Public Premises Act, 1964
Eviction	Occupant may be evicted, liable for rent/damages unless confirmed by State Govt./authorized officer
Refund Clause	If transfer not confirmed, any consideration paid to be refunded to evicted occupant

Proviso (2011 Amendment)

Purpose	Condition
Group housing/township projects	20% plots/units allotted to Economically Weaker Section (EWS)/Low-Income Group (LIG) at concessional rates via cross-subsidization.

Section 73A

Transfer to be on Freehold or Leasehold Basis

Aspect	Details
Scope	Applies to land transfers under [[#Section 71]] or [[# Section 73]].
Transfer Types	- Freehold basis. - Leasehold basis.
Conversion	Leasehold land can be converted to freehold.
Conditions for Conversion	Subject to prescribed terms, conditions, and payment of conversion charges.

Explanation of Freehold

Term	Definition
Freehold	- Tenure in perpetuity. - Right of inheritance. - Right of alienation (transfer/sale).

Section 73B

Annulment of allotted land

Based on False Statement - within 7 days Appeal to state government within 15 days

Section 74

Inventory and Map of Immovable Municipal Property

Provision	Description
Inventory Requirement	Municipality to maintain inventory & map of all immovable properties
Scope	Includes vested, owned, or acquired properties
Submission	Updated copies of inventory & map submitted to ==Director of Local Bodies==
Timeline	Within 1 year from Act commencement

Annual Update by Chief Municipal Officer

Responsibility	Details
Annual Statement	Chief Municipal Officer to prepare an annual statement of changes in inventory
Review and Submission	Statement placed before Municipality & sent to Director of Local Bodies

Section 75

Maintenance of Urban Land and Property Records

Provision	Description
Collaboration	Municipality to consult relevant departments/authorities
Scope	Records of urban land & all properties within municipal area
Updates	Records to be maintained and updated regularly
Private Properties	Includes private properties within the municipal area

CHAPTER V Municipal Finance and Municipal Fund

Section 76

State Finance Commission

Provision	Details
Purpose	Review financial position of Municipalities
Recommendations to Governor	State Finance Commission to make recommendations on key financial areas

Key Recommendations Areas

Area	Description
Distribution Principles Principles for sharing net tax proceeds between State and Municipalities and between municipalities at all levels based on their share of proceeds s
Tax Allocation	Determination of taxes, duties, tolls, fees assignable to Municipalit
Grants-in-Aid	Allocation of grants from Consolidated Fund of S
Financial Improvement Measures	Suggested actions to improve financial stability of Municipal
Additional Matters	Any other financial matters referred to the Comm

Reporting to Legislature

Requirement	Details
Submission	Commission's recommendations + explanatory memorandum on actions taken presented to State Legislature

Section 77

Implementation of Recommendations

State Government’s Role	Details
Devolution of Taxes	Decide distribution of taxes, duties, tolls, and fees to Municipalities
Tax Assignment	Finalize assignment of specific taxes to Municipalities
Grants-in-Aid Sanction	Approve grants-in-aid from the State’s Consolidated Fund
Financial Improvement Measures	Implement additional measures as needed to enhance financial health of Municipalities

Section 78

Financial Assistance from State Government

Provision	Details
Grants/Financial Assistance	State Govt. may give grants or assistance to Municipalities, with or without specific directions
Schemes for Assistance	State Govt. may establish a scheme for granting assistance, including conditions for release
Classification of Municipalities	Municipalities may be divided into different classes for tailored assistance
Development Plan Grants	State Govt. may provide grants for schemes in Municipality's annual development plan

Section 79

Municipal Fund

Provision	Description
Municipal Fund Creation	Fund held in trust by Municipality for Act-related purposes
Sources of Money	All receipts under this Act and other funds received by the Municipality
Head of Accounts	Includes accounts for drainage, sewerage, waste management, road development, slum services, commercial projects and general account head

Account Head Management

Aspect	Details
Specified Directions	Expenditures and receipts follow State Govt. directions and prescribed heads of accounts
Commercial Projects	Includes municipal markets, market/property development, other commercial projects
Revenue and Capital Accounts	Each account head split into revenue and capital accounts

Purpose and Use of Municipal Fund

Objective	Details
User Charges	Structured accounts to facilitate user charge imposition
Subsidy Report Preparation	Accounts organized for easy subsidy report creation

Section 80

Application of Municipal Fund

• Purpose: Funds used for expenses, charges, and costs to implement Act, rules, bye-laws, or other applicable laws.

Section 81

Conditions for Payments from Municipal Fund

Rule	Details
Budget Requirement	Payments only if included in current budget grant and sufficient such grant available
Exceptions	Certain payments allowed outside budget grant

Exceptions to Budget Requirement

Type of Payment	Description
Tax Refunds	Authorized refunds of taxes or other monies
Deposits	Return of contractor/third-party deposits or mistakenly credited
Urgent Works	temporary payment for Emergency projects requested by State Govt.
Emergency Health/Safety Expenses	Outbreaks, disasters, other urgent public interest needs
Compensation	Payments as per Act, rules, or bye-laws
State Govt. Orders	Actions directed by State Government
Court Orders	Court decrees or settlements against Municipality
Immediate Threat Response	Expenses to avert danger to property or human life
Salaries/Wages	Employee payments
Other Authorized Cases	As defined by bye-laws

Section 82

Temporary Payment for Urgent Public Interest Works

Provision	Details
Urgent Works	Municipality, on State Govt. request, may fund urgent works
Payment Responsibility	State Govt. reimburses costs and execution charges

Section 83

Expenditure Outside Municipal Limits

Provision	Details
Approval Required	Municipality can fund projects outside limits with State Govt. approval
Purpose	Only for core functions and asset maintenance

Section 84

Exclusive Use of Municipal Funds for Specific Purposes

Provision	Details
Earmarking of Funds	State Govt. may require a specific portion of funds or part of grant for designated purposes
Municipality's Duty	Must use earmarked funds exclusively for specified functions
Rules for Implementation	Rules by State Govt. for various Municipality classes

Section 85

Operation of Accounts

Provision	Details
Payment Process	Payment from municipal funds procedures to be defined by State Govt. rules

Section 86

Investment of Surplus Money

Aspect	Details
Surplus Money	Funds not needed immediately or soon for Municipal purposes.
Transfer Rules	- Allowed between Municipal Fund accounts per State Govt. rules
Restrictions	- No transfer from Commercial Projects Account to General Account
Investment Options	- Public Securities, Small Savings Schemes (State Govt. approved)
	- Deposits with Scheduled Banks as determined by Municipality
Profit/Loss Accounting	- Credited/Debited to respective Municipal Fund account

Section 87

Preparation of Budget Estimate

Aspect	Details
Responsibility	- Chief Municipal Officer prepares budget by ==15th January== each year
Approval	- Preliminary approval by Finance Committee before Municipal submission
Income & Expenditure separately	- Detailed by various heads of accounts
State Govt. Approval Needed For	- Creation/Filling of new/vacant posts, vehicle purchases, immovable property purchases, grant-in-aid to private institutions, other matters as specified by State Govt.
Tax & Fees Rates	- Rates for taxes, surcharges, cesses, fees to be levied
Loan Amount	- Details of loan amount to be raised in the following year
Presentation Timeline	- Presented ==by Chairperson by 31st January; approved by 15th February==
Preparation Format	- Specific form, manner, and content as prescribed
Enclosures with Budget	- Annual Inventory ([# Section 74]), - Financial Statement ([# Section 150])

Section 88

Sanction of Budget Estimate

Aspect	Details
Adoption Deadline	- Municipality adopts budget by 15th February ( if not then CMO sends to State govt by 28 Feb)
State Govt. Involvement	- Budget submitted to State Govt. via Director of Local Bodies
Govt. Changes	- State Govt. may direct necessary changes in budget; changes binding on Municipality

Section 89

Power to Alter Budget Grant

Budget Alteration Options	Details
Increase Grant	- Increase amount under any budget head
Additional Grant	- Add budget grant for special/unforeseen requirements
Transfer Grant	- Transfer funds between budget heads
Reduce Grant	- Decrease amount under any budget head
Finance Committee Recommendation	- Required for all alterations under (a), (b), (c), and (d)

Section 89A

Constitution of Basic Services to the Urban Poor Fund

Aspect	Details
Purpose	Provide basic services to urban poor, including slum inhabitants.
Fund Name	Basic Services to the Urban Poor Fund (BSUP Fund).
Minimum Allocation	≥ 25% of yearly municipal budget grants (as prescribed by State Government). ( 2011 Amendment)
Unutilized Funds	- Do not lapse. - Credited to fund for use in subsequent years.
Separate Account	- Maintained in a nationalized bank. - Separate primary books of accounts as per NMAM.
Budget Enclosure	Fund allocation and utilization to be detailed in municipal annual budget.

Funding Sources

Source	Examples
Municipality's own revenue	Taxes, fees, user charges, rent, etc.
Assigned revenues	Central/State Finance Commission allocations, intergovernmental transfers.
Contributions/Donations	From individuals, organizations, donors (cash or kind).
Grants	Externally aided projects.
Sale of municipal assets	Revenue from asset sales.
Other sources	As determined by the Municipality.

Accounting and Audit

Aspect	Details
Account Maintenance	- BSUP Fund kept in a separate bank account. - Detailed accounting heads as per NMAM.
Audit	Municipal Fund audit rules apply to BSUP Fund.

Exclusion

Category	Details
Slum Development Grants	Grants/contributions for exclusive slum development are not part of earmarked funds.

CHAPTER VI Accounts and Audit

Section 90

Maintenance of Accounts

• Responsibility: Chief Municipal Officer
• Requirement: Maintain accounts of receipts and expenditures as per prescribed format and manner.

Section 91

Municipal Accounting Manual

• Responsibility: State Government
• Contents: Detailed procedures on all financial matters for Municipality

Section 92

Financial Statement and Balance Sheet

Aspect	Details
Preparation Timeline	- Within ==3 months after financial year== end
Components	- Income & Expenditure account, - Receipts & Payments account, - Balance Sheet of assets/liabilities
Form & Manner	- As prescribed by State Government

Section 93

Submission to Auditor

Aspect	Details
Preparation	- Chief Municipal Officer presents financial statement & balance sheet to Finance Committee
Adoption & Submission	- Finance Committee reviews, adopts, then submits to Auditor

Section 94

Audit of Accounts

Aspect	Details
Auditing Authority	- Local Fund Audit Auditors under Rajasthan Local Fund Audit Act, 1954
Guidance by CAG	- CAG may provide technical guidance on request of State Govt.
Further Accounts	- Chief Municipal Officer to provide additional accounts if requested by Auditor
Reporting Violations	- Auditor can report any non-compliant items to Finance Committee
Finance Committee Action	- Prompt action on Auditor's report, including possible surcharges for illegal or negligent transactions
Appeal	- Appeal against surcharge orders to State Govt. (final decision)

Section 95

Presentation of Audited Accounts to Municipality

Aspect	Details
Presentation to Municipality	- Chief Municipal Officer presents audited financial statement, balance sheet, and Auditor’s report to Finance Committee
Finance Committee Role	- Reviews and adds comments before presenting to Municipality
Defect Rectification	- Chief Municipal Officer to address Auditor’s objections and report corrections to Municipality

Section 96

Submission of Audited Accounts

Aspect	Details
Submission to State Govt.	- Chief Municipal Officer submits adopted financial statement, balance sheet, and Auditor’s report to State Govt.
Municipal Action Report	- Includes report on actions taken by Municipality
Dispute Resolution	- Auditor may refer unresolved issues or unremedied defects to State Govt.; State Govt. decision is final

Section 97

State Govt. Enforcement of Audit Orders

Aspect	Details
Non-compliance Handling	- State Govt. can enforce compliance with orders from audit report
Expense Deduction	- Compliance expenses to be deducted from Municipal Fund

Section 98

Special Audit

Aspect	Details
Authority	- Special audit may be ordered by State Govt. or Municipality
Purpose	- Focus on specific items or series of items needing thorough examination
Audit Procedure	- Follows regular audit procedure mutatis mutandis

Section 99

Internal Audit

Aspect	Details
Authority	- Ordered by State Govt. or Municipality
Scope	- Regular audit of day-to-day accounts
Method	- As prescribed

Section 100

Annual Administration Report

Aspect	Details
Deadline	- Submit report ==by 30th June== for the preceding year
Preparation	- Prepared by Chief Municipal Officer, reviewed by Municipality
Contents	- Format and details as directed by State Govt.
Publication	- Municipality may direct the publication method

CHAPTER VII Municipal Revenue

Section 101

Internal Revenues of Municipality

Revenue Source	Description
Municipal Taxes	- Taxes directly levied by Municipality
User Charges	- Charges for civic services provided
Fees and Fines	- Levied for regulatory and statutory functions

Section 102

Obligatory Taxes

Tax Type	Description
Tax on Lands & Buildings	- Based on unit area method or other prescribed methods
Profession Tax	- Tax on professions, trades, callings, and employment
Toll Tax	- Toll on roads, bridges, ferries owned or built by Municipality
Pollution Control Tax	- Levied on trades/industries causing environmental pollution within municipal limits
Advertisement Tax	- Tax on display of advertisements in public places or private land/buildings
Other Taxes	- Any other tax the State Government is empowered to impose under Indian Constitution

Provisions for Exemption or Modification

• State Govt. Authority: State Government may exempt, reduce, or halt levy of certain taxes based on a Municipality's request, if justified.
• Differential Tax Rates: State Govt. can set varying tax rates for different Municipalities based on local conditions and needs.

Section 103

Other Taxes that may be Imposed

Tax Type	Description
Vehicle Tax	- Tax on vehicles plying within the Municipality
Boat Tax	- Tax on boats moored within the Municipality
Lighting Tax	- For municipal lighting services
Congregation Tax	- Tax on gatherings or large meetings
Pilgrimage and Tourist Tax	- Tax on pilgrims and tourists visiting the area
Hoarding Tax	- Tax on land/buildings used for advertisement hoardings
Fire Tax	- Imposed for fire safety services
Parking Deficit Tax	- Tax on deficit parking spaces in non-residential buildings
Stamp Duty Surcharge	- Additional ==surcharge on stamp duty (up to 10%)== (earlier 0.5%)
Other Taxes	- Any other tax within State Govt. power under Constitution

• Constitutional Limit: Taxes only within State Govt.'s constitutional authority.
• Implementation: Levy, assessment, and collection as per the Act, rules, and bye-laws.

Section 104

Power to Levy User Charges

User Charge Type	Description
Drainage & Sewerage	- Charge for provision of drainage and sewerage
Solid Waste Management	- Charge for waste management services
Vehicle Parking	- Parking fees based on vehicle type, area, and duration
Material/Rubbish Stacking	- Charges for temporary stacking on public streets during construction, etc.
Other Civic Services	- Charges for any additional civic services provided

• Approval Requirement: Rates set with prior State Govt. approval.
• State Govt. Authority: Can direct Municipality to levy or resume postponed user charges.

Section 105

Power to Levy Fees and Fines

Purpose	Fee/Fine Types
Building Sanctions	- Fees for sanction of building plans, completion certificates
Municipal Licenses	- Non-residential land/building uses
Licensing Categories
- Professionals	Plumbers, surveyors
- Activities	Tubewells, meat/fish/poultry sales, hawking
- Site & Premise Use	Ads sites, markets, slaughterhouses, clinics, factories, etc.
- Animals	Licenses for keeping animals
- Carts & Carriages	For public transportation
- Other Licensed Activities	As required under this Act
Vital Records	- Fees for birth and death certificates

• Regulation Basis: Levied under Municipality’s regulatory powers as per Act, rules, or bye-laws.

Section 106

Power to Levy Development Charge

Criteria	Details
Chargeable Developments	Development charge levied based on criteria outlined in Municipality bye-laws.
Residential Building	- Applies if ==height exceeds 14 meters==
Non-Residential Building	- Levied based on street category, usage, and built-up area
Area Development or Redevelopment	- Charged for new developments or redevelopment under approved plans

Additional Provisions:

1. Advance Payment: Developers must pay the charge before starting any project activity.
2. Redevelopment Charges: If redeveloping an area, all residents and beneficiaries must contribute.
3. Separate Fund: Development charges are accounted separately and cannot be diverted for other uses.

Section 107

Exemption from Taxation

Exemption Type	Details
Municipality Property	- All properties belonging to or vested in the Municipality are exempt
Government Property	- No taxes on properties, vehicles, conveyances, and boats of Central or State Govt.
Historical Condition (1950)	- Municipality may continue taxing any Central Govt. property if it was taxed before January 26, 1950 and similar taxes remain for others
State Govt. Property for Public Use	- Exempt if solely used for public purposes and not for profit
Places of Worship	- No property tax on buildings/lands used solely as public worship places, recognized by the Municipality

State Government Exemptions:

• Discretionary Power: State Govt. may issue specific exemptions by official notification if deemed reasonable.

Section 108

Preliminary Procedure for Imposing Tax

Step	Description
Resolution	- Pass resolution to select tax type from [[# Section 103]]
Draft Rules	- Prepare draft specifying:
	- Liability: Classes of persons/property liable, proposed exemptions
	- Rate: Proposed assessment rates
	- Valuation Basis: For property taxes, define valuation basis
	- Additional Details: Any other required by State Govt.
Publish Draft	- Publish draft rules with notice (First Schedule format)
Objections	- Inhabitants may object in writing ==(1 month window)==
Review Objections	- Municipality or committee reviews, considers objections
Special Resolution	- If proceeding, pass special resolution for tax imposition with effective date

Section 109

Imposition of Tax

Step	Description
Official Notification	- Notify imposition in Official Gazette from specified date
Proof of Compliance	- Gazette notification = conclusive proof of lawful imposition
Conditions	- Annual tax to start on ==April 1, July 1, Oct 1, or Jan 1==
	- If effective date ≠ April 1, tax applied by quarter until next April
Additional Rules	- Publish detailed levy and recovery rules
	- Include: payment dates, installment plans
Limited Period Levy	- Tax for specified period ceases after end of period, except for unpaid arrears

Section 110

Procedure for Altering Taxes

• Alteration Process: Follows the same steps as tax imposition ([[# Section 108]] and [[# Section 109]])
• Applicable Changes: Abolition or alteration of any tax imposed under [[# Section 103]]

Section 111

State Government’s Power Over Taxes

Power	Description
Suspend/Prohibit Tax	If tax is unfair or against public interest, State Govt. can intervene
Remedy or Abolish Tax	- State Govt. can demand remedy for tax defects or objections
	- If unresolved, State Govt. may suspend, reduce, or abolish the tax via notification
Applicable to	taxes under [[# Section 102]] and [[# Section 103]]

Section 112

Municipality’s Power to Suspend or Abolish Tax

• Self-Regulation: Municipality may suspend or abolish tax if deemed public interest
• State Government Oversight: Must follow any general/special orders of State Govt.
• Applicable to taxes under [[# Section 103]]

Section 113

Assessment of Tax and Appointment of Assessors

Component	Description
Appoint Assessors	State Govt. appoints Assessors for municipal tax assessment
Assessment Duties	Assessors assess tax as per rules set by the State Govt.
Additional Functions	Assessors may have additional duties as per State Govt. orders

Section 114

Information Requirement for Assessment

Requirement	Description
Requisition of Info	Assessor may request info from owners/occupiers (e.g., building/land details)
Return Submission	Owners/occupiers must submit return form and liable person info
Non-compliance	Failure to comply allows Assessor to assess tax using best judgment

Section 115

Obligation to Supply Information for Amendments

Requirement	Description
Notification Requirement	Owner must notify Municipality ==within 1 month== of building completion/enlargement or occupation
Penalty for Non-compliance	==Up to ₹500 or 10x tax amount for 3 months,== whichever is greater

Section 116

Notice of Transfer of Title for Tax Purposes

Requirement	Description
Transfer Notice	Written notice to Municipality by both transferor and transferee
Death of Primary Owner	Heir/transferee to notify Municipality

Section 117

Form of Notice

Notice Form	Details
Prescribed Forms	Notice of transfer must use forms from Second or Third Schedule
Verification	Municipality may request instrument of transfer or a copy for verification

Section 118

Update of Municipal Register

Requirement	Description
Substitution in Register	Municipality updates register with transferee’s name upon notice or discovery
Inquiry	Municipality conducts necessary inquiry before making changes

Section 119

Liability for Tax without Notice of Transfer

Requirement	Description
Continued Liability of Seller	Seller remains liable for tax until notice is given or transfer is recorded
Transferee’s Liability	Transferee is also liable; Municipality retains claim on property for tax recovery

Section 120

Primary Liability for Property Tax

Occupier’s Liability	Conditions
Primary Liability	From actual occupier if they are the owner or hold a lease from State/Municipality
Hierarchy of Liability	If not the occupier:
- Lessor	When property is let
- Superior Lessor	When property is sub-let
- Person with Right to Let	When property is not let
Provision	Details
Occupier Payment Provision	If tax is unpaid by primary liable person, occupier may pay proportionally
Credit for Occupier	Occupier recovers paid amount from primary liable person

Section 121

Appeals on Taxation

Aspect	Details
Appeal Options	- Against Assessment: Assessment itself or alterations. - Notice of Demand: When no appeal is made against the assessment.
Authority for Appeal	- Municipal Corporation: Commissioner. - Municipal Council/Board: Regional Deputy Director of Local Bodies.
Legal Update	Substituted by Act No. 27 of 2017 (18.5.2017).

Section 122

Appeal Limitations and Preliminary Deposit

Aspect	Details
Time Limit for Appeal	- Buildings/Lands Tax: Within 30 days of communication of order (excluding time to obtain copy). - Other Taxes: Within 30 days of: - Receipt of notice of assessment/alteration. - First demand date (if no notice given).
Preliminary Deposit	- 25% of claimed amount must be deposited in municipal office.
Amendment	- Substituted by Rajasthan Municipalities (Amendment) Act, 2011. - Gazette Notification: 27.03.2011. - Effective Date: 24.11.2010.

Section 123

Costs of Appeals

Cost Provision	Description
Discretion of Costs	Officer deciding appeal has discretion over costs
Municipal Recovery of Costs	Municipality may recover costs awarded in its favor
Payment of Costs by Municipality	If Municipality doesn’t pay costs ==within 30 days,== officer may order Municipal Fund custodian

Section 124

Bar to Jurisdiction of Civil and Criminal Courts

Provisions	Details
Objections to Valuation/Assessment	Must be raised only through the procedures provided in this Act
Finality of Appellate Authority's Orders	Orders regarding valuation/assessment are final, can be ==reviewed within 3 months==

Section 125

Savings

Validity of Documents	Details
Mistakes in Documents	Documents not invalidated by mistakes in names, addresses, or clerical errors
Sufficient Description	Identification of person/property must be sufficient; exact name not necessary
Levy of Taxes	Levy does not equate to title of property

Section 126

Obligation to Disclose Liability

Obligation Details	Responsibilities
Authorities Authorized to Request Info	Municipality, Chief Municipal Officer, Assessors, authorized officers
Information to be Furnished	- Liability for tax
	- Amount for assessment
	- Name and address of the owner
Penalty for Non-Compliance	Failure to provide information may lead to ==fine up to 1000 rupees==
False Information Consequences	Providing untrue information may also incur a fine

Section 127

Duty to Recover Taxes

Responsibility	Details
Chief Municipal Officer	Responsible for proper levy and recovery of taxes imposed under [[# Section 102]] and [[# Section 103]].

Section 128

Presentation of Bill of Tax

Conditions for Bill Presentation	Details
Circumstances for Bill Issuance	(a) Recoverable amount per Act provisions
	(b) Amount due for rent on Municipality-owned property
Timing	Bill presented with least practicable delay

Section 129

Contents of Bill of Tax

Required Bill Contents	Details
Period for Claim	Specify the period for which the sum is claimed
Property Details	Specify property or circumstances related to the claim
Notices Included	(i) Liability incurred in case of default
	(ii) Appeal time frame as per Act provisions

Section 130

Notice of Demand

Notice Details	Requirements
Payment Deadline	Payment due within ==15 days of bill presentation==
Action on Non-Payment	Service of notice of demand in form of [[#The Fourth Schedule]] if payment is not made

Section 131

Issuance of Warrant

Warrant Issuance Conditions	Details
Circumstances for Warrant	If notice of demand unpaid ==after 15 days==
Options for Defaulter	(a) Pay sum demanded
	(b) Show cause for non-payment
	(c) Appeal against demand under [[# Section 121]]
Warrant Types	(1) Movable property: Issued by Chief Municipal Officer ([[## The Fifth Schedule]])
	(2) Immovable property: Issued by Municipality (prescribed form)
Time Limit for Warrant Issuance	Warrant not issued after ==3 years from date due==
Recovery After Time Limit	Recovery can be requested as arrears of land revenue
Warrant Signatory	Must be signed by Chief Municipal Officer
Addressing Warrant	To be addressed to - Officer of municipality (within jurisdiction) - Chief Municipal Officer or Tehsildar ( outside jurisdiction)

Section 132

Forcible Entry for Executing Warrant

Aspect	Details
Authority	Any officer to whom a warrant under [[# Section 131]] is addressed may forcibly enter a building.
Conditions for Entry	- Entry allowed between sunrise and sunset.
	- Officer must have reasonable grounds to believe property liable to seizure is present.
	- Must notify authority and purpose, and demand admittance.
Restrictions	- Officers cannot break into rooms designated for women without prior ==notice of three hours.==
	- Women must be given an opportunity to withdraw before entry.

Section 133

Manner of Executing Warrant

Property Attachment Details	Requirements
Attachment Authority	Officers may attach any movable or immovable property of the defaulter named in the warrant.
Exempted Property	Certain items cannot be attached, including:
	(i) Necessary clothing and bedding of the defaulter and family.
	(ii) Cooking utensils.
	(iii) Tools of artisans.
	(iv) For agriculturists: necessary farming implements, seed grain, and essential livestock.
Proportionality of Attachment	- Attachment must be proportional to the recoverable amount.
	- Any improperly attached items must be returned immediately.
Inventory Requirement	- Officers must make an inventory of attached movable property.
	- Must provide a written notice( [[## The Sixth Schedule]] form) to the person in possession.
Immovable Property Attachment	- Attachment through an order prohibiting transfer or charge.
	- Proclamation of order by beat of drum or customary method at or near the property.
	- Copy of order to be affixed in conspicuous locations of property and municipality.
	- if land paying revenue to state govt then in collector office also
Legal Status of Transfers	- Any subsequent transfer or charge made without written permission from the Chief Municipal Officer is void against Municipality claims.

Section 134

Sale of Property Attached in Special Cases

Aspect	Details
Immediate Sale of Perishable Property	- If the attached property is subject to speedy decay or if custody costs exceed its value, the Chief Municipal Officer must:
	- Notify the possessor that the property will be sold immediately.
	- Sell the property unless the amount in the warrant is paid or security is provided.
Public Auction	- If not sold immediately, the attached property may be sold at public auction if the due amount remains unpaid.
	- Sale conducted under orders of the Chief Municipal Officer, following prescribed procedures.
Proceeds Handling	- Proceeds of the sale applied to cover the amount due and incidental costs.
	- Any surplus credited to the municipal fund, with notification to the original possessor.
	- Claims for surplus must be made ==within one year;== unclaimed amounts revert to the Municipality.

Section 135

Attachment and Sale Outside the Municipality

Aspect	Details
Authority to Sell Outside	- Warrant execution outside the Municipality allows the issuing authority to direct property sale by endorsement.
	- Officer to whom warrant is addressed can sell property and undertake sale-related activities.
Post-Sale Procedures	- Officer deducts recovery costs and remits the remaining amount to the issuing authority for proper disposition.

Section 136

Summary Proceedings Against Persons About to Leave the Municipality

Aspect	Details
Preventive Action	- If a person is believed to be leaving the Municipality with a recoverable amount due, the Chief Municipal Officer may:
	- Present a bill for the due amount and demand immediate payment.
Attachment and Sale Without Delay	- If the person does not pay upon presentation, the amount can be collected by attaching and selling property.
	- No notice of demand is necessary; warrants can be issued and executed immediately.

Section 137

Savings

Aspect	Details
Legality of Attachment/Sale	- No attachment/sale deemed unlawful due to:
	- Errors, defects, or form issues in documents.
	- No person deemed a trespasser due to procedural issues.

Section 138

Receipt for Payments

Aspect	Details
Receipt Requirement	- Receipt mandatory for all tax payments:
	- Must state amount and tax for which paid.

Section 139

Alternative Power to Sue

Aspect	Details
Suing for Taxes	- Chief Municipal Officer may:
	- Sue for recoverable amounts in competent court.

Section 140

Liability for Taxes on Property

Aspect	Details
Tax Liability on Land/Buildings	- Taxes on land/buildings:
	- First charge on property, subject to land revenue.
	- No recovery from non-owner occupiers if ==tax > 1 year.==

CHAPTER VIII Borrowings

Section 141

Debt Limitation Policy

Aspect	Details
Policy Framework	- State Government to create comprehensive debt policy:
	- Loan raising principles, limits, interest rates, terms.

Section 142

Power to Raise Loan

Aspect	Details
Loan Authorization	- Municipality may raise loans by resolution for:
	- Construction, land acquisition, debt repayment, public utility acquisition, machine and vehicle purchase
Conditions	- Loans beyond limits need State Government sanction.
	- Loans not for salaries unless for specific purpose.
Funding Sources	- Municipality can borrow from State Government, statutory bodies.
Repayment Capacity	- Loans subject to assessed repayment capacity.

Section 143

Credit Account with Bank

Aspect	Details
Credit from Scheduled Bank	- Municipality may open a credit account with a bank.
	- Credit amount up to sanctioned loan limit by State Gov.
	- Mortgage of properties for securing repayment allowed.

Section 144

Short-term Loans

Aspect	Details
Short-term Loans	- Municipality may take short-term loans (≤ 12 months) from banks.
	- Purpose must not fall under section 142(1).
	- Terms and security to be approved by State Government.

Section 145

Establishment of Sinking Fund

Aspect	Details
Sinking Fund Requirement	- Mandatory establishment for each loan raised under [[# Section 142]].
	- Annual contributions required for loan repayment.

Section 146

Application of Sinking Fund

Aspect	Details
Usage of Sinking Fund	- Fund must be used exclusively for loan repayment.
	- Cannot be used for other purposes until loan is fully discharged.

Section 147

Discontinuation of Sinking Fund Payments

Aspect	Details
Stopping Contributions	- Payments may be discontinued if fund sufficient to pay off loan with accumulated interest.

Section 148

Investment of Sinking Fund

Aspect	Details
Investment Guidelines	- Funds must be invested in:
	- Government securities, or
	- Securities guaranteed by Central/State Government, or
	- Other public securities as approved by State Gov.
Receipt Handling	- Returns from investments to be deposited back into Sinking Fund.
Common Fund Investment	- Multiple Sinking Funds can be pooled for investment.
Modification of Investments	- Investments can be varied or transposed as needed.

Section 149

Manner of Repayment of Loans

Aspect	Details
Repayment Source	- Loans raised must be repaid within approved time.
	- Repayment can be made from:
	- Sinking Fund established under [[# Section 145]], or
	- Partly from Sinking Fund and partly from new loans (if Sinking Fund insufficient).

Section 150

Annual Statement

Aspect	Details
Preparation of Annual Statement	- Chief Municipal Officer to prepare annual statement showing:
	- Amount paid into Sinking Fund during the year.
	- Date of last investment made during the year.
	- Aggregate amount of securities held by Municipality at year-end.
	- Aggregate amount applied for loan repayment.
Submission	- Copy to be submitted to State Government.

Section 151

Annual Examination of Sinking Funds

Aspect	Details
Audit Requirements	- Sinking Funds to be examined annually by Auditor.
	- Auditor verifies cash and securities equal to the amount required in Sinking Funds.
Calculation Basis	- Amount credited based on sums paid into Sinking Fund under [[# Section 145]].
Securities Valuation	- Current value of securities unless redeemable at par before maturity.
Deficit Management	- Municipality must pay deficit certified by Auditor unless gradual readjustment approved by State Government.
Excess Management	- Excess sums certified by Auditor transferred to Municipal Fund.
Dispute Resolution	- Disputes over deficit/excess accuracy can be referred to State Government for final decision.

CHAPTER IX Commerical Projects, Private Sector Participation Agreements and Assignment to other Agencies

Section 152

Commercial Projects and Receipts

Aspect	Details
Authority	- Municipality can undertake projects on its own or through public/private agencies.
Types of Projects	- Includes:
	- District centers
	- Shopping centers
	- Bus/truck terminals
	- Tourist lodges with commercial complexes
	- Other commercial projects on a commercial basis

Section 153

Undertaking of Projects

Aspect	Details
Project Undertaking	- Municipality can promote projects for urban infrastructure/services:
	- Participation of companies, firms, societies, trusts, or corporate bodies.
	- Financing, construction, maintenance, operation of such projects irrespective of cost.
Approval Process	- Approval for projects by companies or firms under private sector agreements.
	- Collaboration with government agencies or other institutions allowed.

Section 154

Types of Private Sector Participation Agreements

Agreement Types	Details
1. Build-Own-Operate-Transfer (BOOT)	- Private entity builds, owns, operates, and eventually transfers the project.
2. Build and Transfer (BT)	- Project is built by a private entity and then transferred to the Municipality.
3. Build-Lease-Transfer (BLT)	- Private entity builds, leases the project, then transfers ownership after lease period.
4. Build-Operate-Transfer (BOT)	- Similar to BOOT but focuses on operation phase.
5. Lease and Management Agreement	- Lease agreement with management responsibilities given to a private entity.
6. Management Agreement	- Private entity manages a public facility or service.
7. Rehabilitate-Operate-Transfer (ROT)	- Existing infrastructure is rehabilitated and operated by a private entity before transfer.
8. Rehabilitate-Own-Operate-Transfer (ROOT)	- Similar to ROT but private entity retains ownership.
9. Service Contract Agreement	- Contract for specific services provided by private entities.
10. Supply-Operate-Transfer (SOT)	- Private entity supplies and operates a service before transferring.

Section 155

Functions Assigned to Municipality

Aspect	Details
Discharge of Obligations	- Municipality can:
	- (a) Discharge obligations independently.
	- (b) Enter into private sector agreements with prior State Government approval.

Chapter X: Economic and Development Planning

Section 156

City Development Plan

Aspect	Details
Plan Preparation	- Each Municipality to prepare a City Development Plan:
	- Frequency and content as prescribed by rules.
Consultation Requirements	- Prepare with consultation from:
	- District Collector and officials from various departments:
	- Public Works Department
	- Public Health Engineering Department
	- Irrigation Department
	- Medical and Health Department
	- Education Department
	- Local Self Government Department
	- Planning Department
	- Urban Improvement Trust/ City Development Authority, if applicable
	- Other necessary departments or agencies
Expert Assistance	- May consult experts and knowledgeable persons for assistance.
Plan Submission	- Send to appropriate planning committees:
	- Metropolitan Planning Committee if part of Metro Region.
	- District Planning Committee for other cases.
Inclusion in Development Plans	- Committees to include the City Development Plan in:
	- Metro Region Development Plan
	- District Master Development Plan
	- Plans submitted to State Government for resource allocation and execution.

Section 157

Committee for Metropolitan Planning

Aspect	Details
Constitution of Committee	- A Metropolitan Planning Committee shall be established in each Metropolitan Area with a ==population of 10 Lakh== or more.
	- The purpose is to prepare a draft development plan known as the "Metropolitan Region Development Plan".
Membership Composition	- The Committee's total number of members is determined by the State Government.
	- Membership includes:
	- Elected members (minimum ==two-thirds from Municipalities and Panchayats== based on population ratio).
	- Nominated members from:
	- Government of India representatives.
	- State Government representatives.
	- Representatives from identified organizations and institutions.
Nominations	- Nominations by the State Government, requiring prior concurrence from the Government of India for Central representatives.
	- Nominations can be made by name or by virtue of office.
Functions and Powers	- The Committee shall have functions related to planning and coordination for the Metropolitan Area, as assigned by the State Government.
	- Powers and functions delegated by the State Government to achieve Chapter objectives.
Chairperson	- Nominated by the State Government.
Drafting the Metro Region Development Plan	- The Committee must consider:
	- Plans from Municipalities and Panchayats.
	- Common interests, including spatial planning and resource sharing.
	- Objectives and priorities set by the Government of India and State Government.
	- Expected investments from governmental agencies and available resources.
Submission	- The Chairperson shall forward the draft Metro Region Development Plan to the State Government.
Terminology	- "Metropolitan Area" and "Panchayat" are defined as per Article 243P of the Constitution of India.

Section 158

Committee for District Planning

Aspect	Details
District Planning Committee	- Constituted under Rajasthan Panchayati Raj Act, 1994.
	- Deemed Committee under Article 243ZD of the Constitution of India.

CHAPTER XI Urban Development and Town Planning

Section 159

Civic Survey and Master Development Plan

Aspect	Details
Purpose	- Planned and integrated city development.
Key Plans	==- Master Development Plan (20 years).==
	==- Execution Plan (5 years).==
	==- Annual Municipal Action Plan (1 year).==
Coordination	- With Metropolitan Planning Committee or District Planning Committee.
	- Chief Town Planner of the State.

Master Development Plan Elements

Category	Specific Areas
Transportation	- Roads, highways, railways, airports, bus services.
Utilities	- Water supply, drainage, sewerage, electricity, gas.
Environment	- Natural scenery, city forests, wildlife, landscaping.
Cultural Preservation	- Historical, natural, architectural features.
Water Management	- Erosion prevention, irrigation, pollution control.
Healthcare & Education	- Educational and medical facilities.
Commercial Development	- Business centers, shopping complexes, industrial areas.
Recreational Facilities	- Sports complexes, amusement parks, cultural complexes.
Land Use Allocation	- Residential, commercial, industrial zoning.
Open Spaces	- Parks, gardens, recreational areas.
Population Management	- Relocation from congested areas, density control.
Housing	- Residential development strategies.
Reclamation Projects	- Filling low-lying areas, land leveling.
Zonal Development	- Define zones for development, land use regulations.

Additional Notes

• Master Development Plan serves as framework for Zonal Development Plans.
• Municipality can alter zones for public interest.
• Financial resources dictate project feasibility.

Section 160

Procedure for Plan Preparation and Sanction

Aspect	Details
Draft Plan Preparation	- Municipality prepares a draft plan.
Public Inspection	- Publish draft for public inspection.
Objections/Suggestions	- Invite feedback via notice.
Advisory Committee Composition	- Members of the Municipality
	- Representatives from industry, commerce, and professions.
	==- 6 representatives from academic institutions.==
	==- 6 representatives from NGOs.==
	==- 6 prominent citizens of the city.==
Final Approval Process	- Consider feedback and advisory committee recommendations.
	- Send final plan to State Government for approval.
Bye-Laws	- Provisions for form, content, and procedures in preparation.

Section 161

Date of Operation of Plan

Aspect	Details
Sanction Publication	- Publish public notice of plan approval.
Inspection Availability	- Specify location for public inspection.
Effective Date	- Plan comes into operation on date of notice publication.

Section 162

Subsequent Modification of Plans

Aspect	Details
Modification Authority	- Municipality can modify with State Government approval.
Nature of Modifications	- Modifications should not materially alter plan character.
Public Notice for Modifications	- Publish notice inviting objections before modification.
Effective Date for Modifications	- Modifications effective on publication date or as specified.
Reference Changes	- References in other sections to updated plans post-modification.
Final Approval Requirement	- Modifications require final approval from the State Government.

Section 163

Implementation of Plan

• Action Initiation: Municipality can take action for plan implementation.
• Subject to Provisions: Must adhere to the provisions of the Act.

Section 164

Plans Prior to This Act

Aspect	Details
Master Development Plan	- Plans under previous laws deemed prepared under this Act.
Sanction Clause	- Plans sanctioned under other laws cease once a new plan is sanctioned under this Act.

Section 165

Review of Plan

Aspect	Details
Review Period	- Review possible ==within 10 years of plan operation.==
Direction for Revision	- State Government can direct Municipality to revise the Plan.
Civic Survey Requirement	- Fresh civic survey and existing land use map may be needed.
Applicability of Provisions	- Review follows same provisions as preparation and sanctioning of the Plan.

Section 166

Declaration of Development Areas

Aspect	Details
Development Area Notification	- Municipality can declare areas as development areas with State Government approval.
Permission for Land Use Change	- No changes in land use or development without Municipality's permission post-notification.
Exemptions from Permission	- Maintenance/alteration of buildings (internal only).
	- Works per authority orders or law compliance.
	- Municipal works under existing laws.
	- Government works for road maintenance/inspections.
	- Agricultural excavation and access roads.
	- Normal use of temporarily used land.
	- Occasional use of land for different purposes.

Section 167

Penalty for Unauthorized Development

Aspect	Details
Unauthorized Development	Development or land use changes without permission or against conditions.
Types of Offenses	- Without required permission.
	- Not in accordance with granted permission or conditions.
	- After permission has been revoked.
	- In contravention of modified permission.
Penalties	- Fine ==up to ₹5,000.==
	- Continuing offense: additional ==₹100/day after conviction.==
Continued Unauthorized Use	Use of land/building against the Plan provisions without allowance.
Penalties for Continued Use	- Fine ==up to ₹2,000.==
	- Continuing offense: additional ==₹500/day after conviction.==

Section 168

Power to Require Removal of Unauthorized Development

Aspect	Details
Notice Requirement	Municipality can issue notice for unauthorized development.
Action Required(within specified ==period < one month)==	- Restore land to prior condition (if permission not granted).
	- Ensure compliance with modified conditions (if applicable).
Notice Contents	May require:
	- Demolition/alteration of buildings or works.
	- Carrying out building or other operations.
	- Discontinuance of land use.
Appeal Process	Aggrieved persons may apply for permission to retain buildings/use.
Notice Compliance	- Non-compliance may lead to prosecution.
	- Municipality can restore land and recover costs as land revenue.
Prosecution Penalties	- Fine ==up to ₹5,000 for non-compliance.==
	- Continuing offense: additional ==₹200/day after conviction.==

Section 169

Power to Stop Unauthorized Development

Aspect	Details
Notice to Discontinue Development	Municipality may issue a notice to stop ongoing unauthorized development.
Applicability of Other Provisions	[# Sections 168], (4), (5), and (6) apply to such notices.
Penalties for Continued Development	- Fine ==up to ₹5,000== for continuing unauthorized development after notice.
	- Continuing offense: additional ==₹500/day== after notice service.
Enforcement by Police	Municipality can requisition police to remove individuals continuing unauthorized development.
Confiscation of Materials	Municipality can confiscate construction materials and tools.
Subsequent Violations	- Continuing unauthorized development post-requisition incurs a ==fine of ₹5,000.==
	- Continuing offense: additional ==₹200/day post-conviction.==
No Compensation Clause	No compensation for damages from discontinuation of unauthorized development.

Section 170

Summary Removal of Unauthorized Temporary Development

Aspect	Details
Summary Order for Removal	Municipality can order removal of unauthorized temporary developments.
Compliance Timeline	==15 days== to comply with the order.
Non-Compliance Actions	Municipality may remove unauthorized structures without notice post non-compliance.
Protection for Standing Crops	Standing crops are exempt from summary removal; ==up to 6 months allowed for harvest.==
Finality of Municipality's Decision	Municipality's determination of "temporary nature" is final.

Section 171

Sanction for Sub-Division of Plot or Layout of Private Street

Aspect	Details
Submission of Layout Plans	Must submit intended layout plans to the Municipality for approval.
Sanction Timeline	Municipality must respond within the period specified in bye-laws.
Conditions for Sanction	Plans may be sanctioned with modifications or refused if inconsistent with the overall plan.
Compensation for Refusal	No compensation for refusal or for imposed modifications/conditions.
Non-Compliance Penalties	- Notice to stop work if development contravenes provisions.
	- Violations may incur fines of ==up to ₹5,000==; continuing violations==: ₹200/day.==

Section 172

Recovery of Expenses Incurred

Aspect	Details
Expense Recovery	Expenses incurred by the Municipality under [[# Section 168]], 169, 170, and 171 are recoverable.
Debts to Municipality	Such expenses are considered sums due from the person in default or the landowner.
Recovery Method	Amounts will be recovered as arrears of land revenue.

Section 173

Making and Contents of Projects and Schemes

Aspect	Details
Authority to Make Projects	Municipality can create projects for integrated city development.
Scope of Projects/Schemes	May include various matters such as:
	- Acquisition and development of land for public utilities (e.g., roads, parks, hospitals).
	- Preparation and layout of land plans.
	- Redistribution of property sites within the scheme.
	- Closure or demolition of uninhabitable buildings.
	- Construction and alteration of buildings and streets.
	- Provision of sanitary arrangements and other conveniences.
	- Preservation of historical or natural sites.
	- Reservations for housing accommodations for marginalized groups.
	- Imposition of conditions regarding open spaces, building sizes, and uses.
	- Environmental improvements and other related activities.
Draft Project Contents	Must include:
	- Area, ownership, and tenure details of original plots.
	- Particulars of land use and conditions for reserved land.
	- Proposed boundary alterations of original plots.
	- Estimated net cost to the Municipality for the scheme.
	- Detailed descriptions of applicable scheme components.
	- Land relaying and reclamation details.
	- Additional particulars as per bye-laws.

Section 174

Preparation of Projects and Schemes

Aspect	Details
Declaration of Intention	Municipality may declare intent to prepare a project or scheme via resolution.
Publication of Declaration	Must be published in the Official Gazette and other designated means ==within 30 days.==
Draft Preparation Timeline	Draft project or scheme must be prepared and published ==within one year== from declaration.
Public Notice for Objections	A notice inviting objections and suggestions must accompany the draft, allowing ==at least 30 days== for public feedback.
Consideration of Feedback	All objections and suggestions received must be considered; opportunities for affected individuals to be heard must be provided.
Final Approval and Publication	After consideration, the approved project or scheme (with or without modifications) must be published, specifying the operation date.
Exemption from Procedure	The outlined procedure does not apply if the project involves land owned by the Municipality and does not entail demolition or removal of residents.

Section 175

Redevelopment Scheme

Aspect	Details
Conditions for Redevelopment Scheme	Chief Municipal Officer can initiate a redevelopment scheme if:
	- Buildings are unfit for habitation due to disrepair or unsanitary conditions.
	- Poor arrangements or infrastructure contribute to health risks.
Method of Addressing Conditions	The preferred method involves re-arranging and reconstructing streets and buildings.
Compliance with Regular Scheme Requirements	Redevelopment schemes must adhere to all requirements for regular schemes as stated in sections 173 and 174.

Section 176

Submission of Project and Scheme

Aspect	Details
Submission	Chief Municipal Officer submits development scheme for approval.
Municipality's Actions	- Approve without modification - Approve with modifications - Reject and require fresh scheme

Section 177

Restrictions on Use and Development

Aspect	Details
Restrictions Post-Draft Publication	- No new use/change without permission - Permission from Municipality required - Village abadi limits: Gram Panchayat permission allowed if consistent with draft scheme
Applicable Sections	Sections 166 to 172 apply mutatis mutandis

Section 178

Lapse of Scheme

Aspect	Details
Implementation Timeline	- ==Two years from publication date== - If not implemented, scheme lapses

Section 179

Modification or Withdrawal of Scheme

Aspect	Details
Withdrawal	- Municipality can withdraw scheme by notification - No further proceedings post-withdrawal
Modification	- Minor modifications allowed without affecting project character

Section 180

State Government Authority

Aspect	Details
State Government Directive	- Municipality can prepare scheme upon State Government's requirement

Section 181

Saving to Any Project or Scheme

Aspect	Details
Liberty to Carry Out Projects	Municipality can initiate projects outside sanctioned plans if necessary for public interest.
Modification of Plans	Plans modified to the extent of new projects undertaken.

Section 182

Restrictions on Change of Use of Land

Aspect	Details
General Restrictions	- Land use must align with original allotment/sale - Must comply with Master Plan where applicable.
Non-Allocated Land	- Use must remain as it was before the Act commenced.

Change of Use Allowance

Aspect	Details
State Government Authority	- Can permit change of land use in public interest. - Requires payment of conversion
Types of Allowable	- Residential to commercial or any other - Commercial to any other - Industrial, Cinema, hotel, tourism, institutional to commercial or any other

Conversion Charges

Aspect	Details
Charge Differentiation	Different rates for different areas and purposes.
Regularization of Unapproved Uses	- Government may regularize unapproved land use with notice - Charges recoverable under subsection (6).
Exemptions from Regularization	- No regularization for Land Use for Public Purpose: - Education - Medical - Charitable purpose - Allotment Conditions: - Made at concessional rates - Exception: - Regularization only if: - Difference in original vs. prevailing rate is paid - Consent obtained from the original allotting authority

Charge Recovery

Aspect	Details
Credit to Municipality Fund	Conversion charges credited to Municipality's fund.
Recovery as Land Revenue	Charges are first charge on land interest, recoverable as arrears of land revenue.

Section 183

The Regular Line of Public Street

Aspect	Details
Definition	Regular line prescribed for public streets by the Municipality.
Prescribing a Line	- Municipality may prescribe a fresh line for street widening. - New line can substitute existing lines.

Notice and Objections

Aspect	Details
Prior Notice	- Special notice must be posted ==at least 1 month prior.== - Notice to owners/occupiers of affected land.
Consideration of Objections	- Written objections/suggestions accepted at Municipality office within specified time.
Map and Statement	- Municipality must prepare a map of the area and statement of enclosed lands for public inspection.

Construction Restrictions

Aspect	Details
Construction Limitations	- No construction/reconstruction within the regular line of public street.
Penalties for Contravention	- Fine: ==Minimum ₹2,000; Maximum ₹5,000.== - Municipality can stop construction and issue demolition orders.

Appeals

Aspect	Details
Aggrieved Persons	- Can appeal to the ==Collector within 30 days== of the order. - Appellate authority's decision is final, not subject to court review.

Section 184

Rights of Way for Underground Utilities

Aspect	Details
Subject to Laws	Governed by Indian Telegraph Act, 1885 & Electricity Act, 2003.
Municipality Rights	- Sanction specific rights of way for underground utilities in public/private streets. - Includes utilities like electric supply, telecommunications, gas pipes, water supply, drainage, sewerage, etc.
Fee/Charges	- Municipality may levy fees or charges as per applicable laws.
Maps and Records	- Utilities must furnish maps and statements to maintain precise records.
Execution of Work	- Municipality may set time limits and conditions for execution of work.
Penalties	- Imposed for delays in work completion.
Restoration of Damage	- Damaged municipal property must be restored at the cost of responsible department/body.

Section 185

Maps of Underground Utilities

Aspect	Details
Maintenance of Maps	- Chief Municipal Officer to maintain maps of all underground utilities. - Include maps of fire hydrants and sewerage manholes.
Secrecy and Compliance	- Ensure secrecy as per laws related to right to information.

Section 186

Special Provisions Regarding Government Streets

Aspect	Details
Control over Government Roads	- Municipality cannot grant permission for acts on national/state highways without government sanction.
Government Authority	- Must follow directives from Central/State Government regarding such streets.
Municipal Control	- Municipality has control over temporary occupation and encroachment removal but maintenance remains with State Government.

Section 187

Temporary Erection on Streets During Festivals

Aspect	Details
Authority	Chief Municipal Officer grants permission for temporary structures.
Structures Covered	Booths, pandals, etc.
Conditions	- Payment of fee. - Conditions as per Municipality bye-laws. - Duration specified in permission letter.
Consultation Required	Must consult Police Officer Incharge of traffic.
Post-Event Responsibilities	Grantee must restore ground to satisfaction of Chief Municipal Officer.

Section 188

Precautions During Construction or Repair

Aspect	Details
Chief Municipal Officer Responsibilities	Ensure safety during construction or repairs: - Fencing and guarding. - Precautions against accidents. - No unauthorized deposit of materials. - Traffic closures, if necessary. - Traffic diversions. - Restoration to original condition. - Repair dangerous places; recover costs from owners.

Section 189

Prohibition on Depositing Materials or Making Holes

Aspect	Details
Restrictions	No hole or deposit of materials without written permission.
Conditions for Permission	Must fence and light materials or holes until resolved.
Penalties	- ==Fine of ₹1,000 to ₹2,000== for violation. - Additional ==₹50 to ₹100 for each day== of continued violation.

Section 190

Compulsory Provision of Footpaths

Aspect	Details
Objective	Ensure raised footpaths on public streets.
Width Requirements	- ==Minimum 1.5 meters== on each side. - Different widths for different street categories.
Building Permission and Works Committee Role	- Buildings Permission and Works Committee determine - Specify minimum widths. - May revise widths as needed.
Compliance	Minimum widths must be considered when revising street lines.

Section 191

Building at Corner of Streets

Aspect	Details
Authority	Municipality may require buildings at street corners to be rounded off or adjusted.
Compensation	- Municipality must pay compensation for acquired land. - Consideration for benefits to the building from street improvements.
Land Acquisition	Municipality may acquire land for public convenience or amenity.

Section 192

Setting Back Projecting Buildings

Aspect	Details
Regulation of Projecting Parts	Municipality may require removal or setting back of building parts that project beyond the regular line of a public street.
Conditions for Action	- Immediate action for external structures (verandahs, steps). - For other structures, action taken when a significant portion is rebuilt or damaged.
Public Street Designation	Land added to the street becomes part of the public street, vested in the Municipality.

Land Acquisition from Owners

Aspect	Details
Land Possession	Municipality may take possession of land within the regular line of a public street after notifying the owner. ==( 15 days notice)==
Compensation	- Compensation for the value of land acquired or added. - Determined as per [[# Section 295]] in case of disputes. - No compensation if [[# Section 243]] applies.
Action After Compensation	Municipality can take possession and clear land after compensating the owner.

Section 193

Level of Buildings

• Minimum Level:
  • No building below level for drainage.
  • Drainage options: public sewer, stream, cesspool approved by Municipality.

Section 194

Erection of Buildings

Aspect	Details
Application Required	For: New building Re-erection Material addition Well/bore enlargement
Documents Needed	- Title documents with affidavit - Fee receipt - ==6 copies== of detailed map & site plan - Additional info as required by Municipality
Map Requirements	Signed by qualified architect/engineer approved by Municipality
Title Scrutiny	Check if land/building belongs to government/public agency.
Decision Timeline	- Municipality to decide ==within 2 months== - After 2 months, deemed permission with ==1 month notice.==
Multi-Storied/Complexes	Require advice from ==Regional Town Planner== for ==buildings >15m or >500 sqm.==
Rules and Bye-Laws	Uniform conditions, restrictions, norms for applications.
Construction Commencement	- No construction without permission. - ==<250 sqm,== single residential unit ==up to 10m== may not need permission (except in walled/heritage cities).
Inspections	Chief Municipal Officer can inspect, stop unauthorized construction, and issue notices.
Application Restrictions	No decision for applications involving land use changes (refer to State Government).
Occupancy Certificate	Required after completion for ==buildings >15m,== includes safety verification from architect
Penalties	- Fine/imprisonment for non-compliance - Penalties for submitting false documents or unauthorized constructions.

Penalty Summary

Violation Type	Penalty
Construction without permission	==Imprisonment: 1-3 months; Fine: ₹20,000-50,000==
Non-compliance with sanctioned plan	==Imprisonment: 15-45 days; Fine: ₹10,000-20,000==
Violating deemed permission conditions	==Imprisonment: 15-45 days; Fine: ₹10,000-20,000==
Architect/Engineer inconsistencies	==Blacklisted, Imprisonment: 1-2 months; Fine: ₹5,000-10,000==
Submission of false documents	==Criminal charges for fabrication, fraud.==
Failure to process applications	==Imprisonment: 1 month; Fine: ₹5,000-10,000==
Occupation with occupancy certificate	==Fine:₹30000- 50000 and ₹500 /day ==

Additional Regulations

• Dry Latrines: Prohibited; Municipal action for demolition.
• Appeals: ==30 days== to appeal Municipality orders to State Government.

Section 194A

Power of state govt to prohibit erection of building in some areas without permission

fine - 20 k

Section 195

Responsibilities for Apartment Complex Maintenance

Builder/Developer Responsibilities

Responsibility	Details
Residents' Association	- Set up as soon as complex is ready for occupancy.
Disclosure	- Common facilities details (e.g., parking spaces) during construction permission application.
Corpus Fund	- Constitute and handover for maintenance to the association once operational.
Handover Requirements	- Security and common facilities to association once operational. - Important documents to association: Approved building plan Construction permission letter Equipment warranty documents (e.g., lifts, water supply) Landowner agreement (if applicable) Sewerage and water supply designs

Municipality Responsibilities

• Completion Certificate:
  • Not issued until builder/developer completes above formalities.

Key Definitions

Term	Definition
Owner	Owner of the land or a person who purchased a unit.
Resident	Occupant of a unit under any arrangement with owner/builder.
Residents' Association	Association of owners/residents for complex maintenance, registered under relevant law.

Section 196

Permission and Construction Display

Key Requirements:

• Display Board
  • Size: 4x4 feet (sturdy material)
  • Location: Prominent on building site

Information to Display:

Particulars	Details
Name & Agency	Name, address, telephone (if any)
Building Site Details	Owner's name, address, telephone (if any)
Permission Details	Number & date of permission obtained
Construction Details	Proposed use, total floors, units, area (sq. ft.), public parking units
Construction Timeline	Start & finish dates
Exemption Reason	Reasons if building permission not required

Penalty for Non-compliance:

• ==Fine up to ₹50,000==

Section 197

Hoardings for Building Works

Requirements for Construction/Repairs:

1. License: Obtain written permission from Municipality
2. Hoarding/Fences:
   • Separate construction from street
   • Maintain in good condition
   • Adequate lighting during night
   • Remove upon Municipality's direction

Penalties for Non-compliance:

Violation	Penalty
Initial Fine	==₹1,000 to ₹2,000==
Daily Fine (after conviction)	==₹50 to ₹100 per day/night==

Section 198

Taking Over Responsibilities for Amenities

Key Conditions

Condition	Details
Record Submission	All documents, plans, specifications submitted.
Compliance Verification	Amenities align with legal provisions.

Deficiencies

• Inspection Findings: If deficiencies found, Municipality may require improvements.
• Deficiency Charges: Payment may be required for improvements.
• Resumption of Responsibility: Upon improvement or payment, Municipality resumes responsibility.

Definition of Amenities (Explanation)

Type of Amenity	Examples
Communication & Transport	Roads, bridges, streets
Recreational Spaces	Open spaces, parks, playgrounds
Utilities & Services	Water, gas, electricity, street lighting
Public Works	Sewerage, drainage, conservancy
Others	State-specified by notification

Section 199

Handing Over/Taking Over Colonies

Key Conditions for Taking Over

Condition	Details
Approval of Plans	Plans must be approved by the Municipality in advance.
Compliance with Laws	Scheme/colony must adhere to existing laws/rules.
Provision of Amenities	Prescribed amenities must be provided or deficiency charges paid.
Record Submission	All relevant records (proof of title, plans) must be submitted.

Rights After Taking Over

• Full Rights of Disposal: Municipality has disposal rights of properties in the colony.
• Vesting of Assets: All schemes, colonies, and amenities vest in the Municipality after takeover.

CHAPTER XII Municipal Powers and Offences

Section 200

Municipal Control Over Drains

Aspect	Details
Scope of Control	Sewers, drains, privies, water closets, house-gullies, cess-pools.
Responsibility	Under Municipality’s survey and control.
Cess-Pools Requirements	Must have proper traps, coverings, ventilation. Municipality can issue notices for compliance.

Section 201

Powers for Making Drains

Powers Granted

Power	Details
Drainage Schemes	Authority to carry drains through streets or land with notice to owners.
New Drain Construction	Can replace existing drains on land where drains are vested in the Municipality.
Damage Compensation	No unnecessary damage; compensation provided for damages per [[# Section 295]].

Section 202

Effectual Drainage of Buildings

Requirements for Construction/Occupation

Requirement	Details
Drain Construction	Must be of size, materials, level, and fall as deemed necessary by Municipality.
Appliances & Fittings	Must provide necessary fittings for drainage collection and conveyance.
Drain Discharge	Must empty into municipal drain or designated place (≤ 50 feet). If not, into cess-pool as directed by Municipality.
Mandatory Connection	Owners/occupiers must connect to sewerage system when laid in the area.

Penalties for Non-compliance

Offense	Penalty
Disobeying Directions	==Fine: Minimum ₹2,000, Maximum ₹5,000.==

Section 203

Right to Drain into Municipal Drains

Conditions for Owners/Occupiers

Condition	Details
Permission Required	Written permission from the Municipality needed.
Compliance	Must comply with Municipality's prescribed conditions for connection.

Section 204

Distinction Between Sewage and Rainwater Drains

Drainage Requirements

Type of Drain	Details
Sewage/Offensive Matter	Separate drain required for sewage.
Rainwater/Sub-soil Water	Separate drain required for rainwater/unpolluted water.
Discharge	Each must empty into separate municipal drains or designated areas.

Section 205

Right to Carry Drains through Land

Conditions for Drain Construction

Condition	Details
Connection Proof	Owner/occupier must prove inability to connect to municipal drain.
Objection Opportunity	Other landowner must be given chance to object.
Authorization	Municipality may authorize drain construction through land with conditions.

Authority for Execution

Aspect	Details
Order Issuance	Order provides authority for construction.
Conditions	Terms for rent/compensation and responsibilities for maintenance specified.
	between sunrise to sunset

Section 206

Execution of Work

Requirements During Work Execution

Requirement	Details
Minimal Damage	Ensure minimal damage during execution.
Timeliness	Execute work with least practicable delay.
Restoration	Owner must reinstate land/building post-work at own cost.
Compensation	Pay compensation for any damage caused during work.

Section 207

Rights of Landowners with Existing Drains

Construction of New Buildings

Requirement	Details
Sanctioned Construction	Municipality may sanction construction on land with existing drain.
Closure/Diverting Orders	May require closure, removal, or diversion of existing drains.
Restoration	Landowner must fill, reinstate, and make good land as directed.
Building Alterations	May require alterations in building location or details for drainage maintenance.

Section 208

Provision of Privies and Cess-Pools

Municipality Powers

Aspect	Details
Opinion on Facilities	Municipality can recommend additional privies, cess-pools, or water-closets.
Notice to Owners	Written notice to owners to comply with recommendations.
Public Facilities	Requirement for latrines/urinals in places with ==>20 workers, schools, markets, theatres==.
Visibility Requirements	Privies must be covered to prevent visibility from public areas.
Drainage Restrictions	Night soil cannot be drained into municipal or private drains.

Penalties for Non-compliance

Offense	Penalty
Disobeying Directions	==Simple imprisonment: 1-2 months; fine: ₹2,000 - ₹5,000.==

Section 209

Erection of Latrines and Urinals

Responsibilities of Owners/Managers

Requirement	Details
Notice for Facilities	Municipality can require latrines/urinals in commercial places, schools, hotels, etc.
Management Responsibilities	Maintenance of cleanliness and sanitation required.
Separate Facilities	Must maintain separate latrines/urinals for ladies.
Inspections	Chief Municipal Officer (CMO) to inspect facilities for hygiene.

Penalties for Non-compliance

Offense	Penalty
Failure to Comply	==Fine: ₹10,000 - ₹20,000== for non-compliance with CMO's orders.

Section 210

Cost of Maintaining Privies and Sewers

Owner Responsibilities

Aspect	Details
Maintenance Cost	Owners responsible for costs of altering, repairing, and maintaining privies, drains, etc.
Municipality Notice	Municipality can issue a notice requiring owners to repair and maintain facilities.
Closure Orders	Owners may be required to demolish or close nuisances or unmaintainable facilities.

Section 211

Power to Close Existing Private Drains

Municipality Authority

Aspect	Details
Closure of Drains	Municipality can close drains deemed unsuitable for the general sewerage system.
Replacement Requirement	Must provide alternative effective drainage solutions for the affected building or land.
Work Responsibility	Municipality responsible for necessary work to close or replace the drain.

Section 212

Power over Unauthorized Drainage Structures

Enforcement Actions

Aspect	Details
Notice to Owners	Municipality can issue notice to alter or demolish unauthorized drainage structures.
Compliance Requirement	Structures must comply with municipal regulations or previous laws.
Penalties for Non-compliance	==Fines: ₹1,000 - ₹2,000== for non-compliance with the notice.
Liability for Violators	All parties involved in unauthorized construction subject to penalties.

Section 213

Encroachment on Municipal Drains

Unauthorized Drainage

Aspect	Details
Unauthorized Drains	No person may create drains into municipal sewers without consent.
Penalties	Fine ==up to ₹1,000== for unauthorized drainage; municipality can order modifications.
Building Restrictions	New or reconstructed buildings over municipal drains require prior consent.

Section 214

Inspection of Drains

Inspection Authority

Aspect	Details
Inspection Rights	Chief Municipal Officer can inspect sewers, drains, and related structures.
Entry and Inspection	Authorized officers may enter lands between sunrise and sunset for inspection.
Cost of Inspection	Municipality covers costs unless issues found; then owner pays ==total expenses plus 10% supervision charge.==

Section 215

Municipality's Power to Execute Works

Municipality's Authority

Aspect	Details
Execution of Works	Municipality may carry out necessary works without giving owners the option to do so.
Cost Responsibility	Owners must pay for works plus 10% administrative charge unless funded by the municipal fund.
Municipal Property	Drainage fittings supplied by the Municipality are municipal property unless otherwise transferred.

Section 216

Power of Carrying Water Mains

Aspect	Details
Authority	Water Supply Department / Municipality
Powers	Carry, renew, repair water mains, pipes, ducts
Restrictions	Same as Municipality for drains

Section 217

Special Provisions for Trade Effluent

Aspect	Details
Approval Requirement	Approval from Municipality for discharge
Conditions	Subject to Act, bye-laws, other laws

Section 218

Drainage of Trade Effluent

Aspect	Details
Chief Municipal Officer	Authority for drainage management
Conditions for Notice	- Insufficient drainage - Non-adapted drains - Impurity of effluent
Notice Requirements	(a) Discharge conditions (b) Purification requirements (c) Drain specifications (d) Repair existing systems

Section 219

Construction Over Water Mains / Municipal Drains

Aspect	Details
Construction Permission	Required from Chief Municipal Officer
Prohibited Structures	Buildings, walls, fences, railways, private streets
Removal Authority	Chief Municipal Officer can remove unauthorized structures
Cost Responsibility	Expenses recoverable from owners as tax arrears

Section 220

Informing Railway Administration

Aspect	Details
Authority	Chief Municipal Officer
Action Required	Inform railway administration for pipe/drain work
Cost Responsibility	Railway administration may execute work at Municipality's cost

Section 221

Owner's Power to Place Pipes/Drains

Aspect	Details
Authorization	Chief Municipal Officer may authorize placement of pipes/drains over another's land
Opportunity to Respond	Owner of immovable property must be given a chance to object
Rights	Owner of premises only has user rights over the land
Notice Requirement	Owner must give reasonable notice before entry
Damage Limitation	Minimum damage to immovable property required
Owner Responsibilities	(a) Minimize delay (b) Reinstate property at own cost (c) Pay compensation for damages
Construction on Land	If property owner wants to build, Chief Municipal Officer can require closure/removal of pipes
Conditions for Action	Action taken only if necessary for safe construction

Section 222

Chief Municipal Officer's Power to Execute Work

Aspect	Details
Authority	Chief Municipal Officer
Notice Requirement	Notify person liable to execute drainage work
Opportunity	Person must be given time to complete work
Expense Responsibility	Costs incurred by Chief Municipal Officer are payable by the liable person
Recovery Method	Expenses recoverable as arrears of tax

Section 223

Work to be Done by Licensed Plumber

Aspect	Details
Licensing Authority	Municipality grants licenses for plumbers
Execution of Work	Only licensed plumbers may execute specified work
Trivial Work Exception	Chief Municipal Officer can permit non-licensed work for trivial tasks
Bye-laws	Municipality sets conditions for licensed plumbers, including: (a) Engagement terms (b) Duties and responsibilities (c) Charges for services (d) Handling complaints (e) License suspension/cancellation conditions

Section 224

Prohibition of Certain Acts

Aspect	Details
Obstruction Prohibited	No wilful obstruction of: (a) Municipal work lines (b) Municipal apparatus (locks, valves, etc.) (c) Waterworks or watercourses (d) Sewage works (e) Throwing waste into municipal drains
Interference with Officers	No obstruction of officers performing duties, or refusal to assist
Prohibited Actions	No bathing, washing, or polluting municipal waterworks
Consumer Exception	Consumers may close stopcock with consent of affected parties

Section 225

Entrustment of Sewerage Works

Aspect	Details
Authority	Municipality (with State Government approval)
Scope of Work	Operation and maintenance of sewerage works
Billing & Collection	Charges for sewerage cess or sewerage charges
Agencies	Can be entrusted to public or private agencies

Section 226

Duty of Municipality in Solid Waste Management

Aspect	Details
Regulatory Framework	Environment (Protection) Act, 1986
Municipality Responsibilities	Implementation of solid waste management rules
Infrastructure Development	Collection, storage, transportation, processing, disposal
Waste Collection Methods	(a) Community bin collection (b) House-to-house collection (c) Scheduled collection
Special Areas	Waste collection from slums, commercial areas, hotels, restaurants
Regular Disposal	Removal of solid wastes on a daily basis
Bio-degradable Waste	Environmentally acceptable use of waste from slaughterhouses and markets

Section 227

Entrustment of Solid Waste Management

Aspect	Details
Management Charge	Charge for handling and managing solid waste
Cost Coverage	Charge aims to cover costs of management, infrastructure, debt-servicing, and depreciation
Chief Municipal Officer's Role	Can entrust waste management to agencies (with Municipality's approval)

Section 228

Ownership of Solid Wastes

Aspect	Details
Ownership	All solid wastes in public receptacles or collected by Municipality are its property
Disposal Authority	Municipality may dispose of solid wastes as deemed appropriate

Section 229

Disposal Places for Solid Wastes

Aspect	Details
Disposal Responsibility	Municipality (or authorized agency)
Disposal Locations	Can dispose solid wastes within or outside the municipal area
Usage Restrictions	No new disposal places without: (i) Compliance with State laws on development planning and land use (ii) Approval from State Government if no such law exists
State Government Oversight	Final disposal methods must comply with State Government directives

Section 230

Duty of Owners and Occupiers

Aspect	Details
Cleaning Duty	Regular sweeping and cleaning of premises
Waste Storage Requirements	Provide separate receptacles for: (a) Organic/bio-degradable wastes (b) Recyclable/non-bio-degradable wastes (c) Domestic hazardous wastes
Receptacle Maintenance	Keep receptacles in good condition
Waste Disposal Duty	Ensure collection and deposition of wastes (including: rubbish, filth, trade refuse, carcasses, bio-medical wastes) in community bins as specified by Chief Municipal Officer

Section 231

Duty of Co-operative Housing Societies and Associations

Aspect	Details
Entities Covered	Co-operative housing societies, apartment owners' associations, building complexes (residential/non-residential), educational, mercantile, industrial, storage, and hazardous buildings
Responsibility	Provide community bins or disposal bags for: - Temporary storage of wastes (excluding recyclables) - Hazardous wastes - Biomedical wastes
Collection	Ensure subsequent collection and removal by the Municipality

Section 232

Prohibitions

Aspect	Details
Prohibited Actions	No person or property owner shall: (a) Litter or deposit solid waste in public places (b) Deposit building rubbish in public areas (c) Allow filthy matter to flow in public areas (d) Dispose of carcasses outside designated places

Section 233

Penalties for Littering and Waste Disposal

Aspect	Details
Liability	Anyone who litters or improperly disposes of waste shall be liable for penalties.
Penalty Amount	==Up to ₹500,== imposed on the spot by an authorized officer of the Municipality

Section 234

Management of Bio-medical Wastes

Aspect	Details
Responsibility	Municipality (or authorized agency) must implement Central Government rules under the Environment (Protection) Act, 1986 regarding bio-medical waste management.

Section 235

Management of Hazardous Wastes

Aspect	Details
Responsibility	Municipality (or authorized agency) must implement Central Government rules under the Environment (Protection) Act, 1986 regarding hazardous waste management.

Section 236

Permission for Projections

Clause	Details
Permission for Projections	Municipality can permit projections (verandahs, balconies, rooms) on public streets if:
	- Traffic Volume & Public convenience considered
	- Must follow bye-laws
Penalties for Violations	Unauthorized projections penalized as follows:
	- ==Fine: ₹5,000 to ₹10,000== for unauthorized structures
	==- Daily Fine: ₹50 to ₹100== until removed post-conviction
Removal or Alteration Notice	Municipality can mandate removal/alteration if projection:
	- Obstructs Safe Passage on street
	- Encroaches Drain, Aqueduct, Sewer
	- Affects Building Line
Compensation	Municipality liable for reasonable compensation if projection predates municipal area or
	was authorized. Disputes on compensation resolved per Section 295

Section 237

Troughs and Pipes for Rain Water

Aspect	Details
Municipality Authority	The Municipality can require building owners to install troughs and pipes for rainwater management.
Purpose	To ensure rainwater is collected and discharged properly to avoid falling on pedestrians or damaging the street.
Owner's Responsibility	Owners must keep these systems in good condition.
Penalty for Non-Compliance	==Fine of 1,000 to 2,000 rupees== for failing to comply with the notice.

Section 238

Provision of Rain Water Harvesting Structure

Aspect	Details
Applicability	Buildings on plots > 300 sqm in municipal areas; Post commencement of Rajasthan Municipalities Amendment Act, 2010.
Requirement	Compulsory rainwater harvesting system (type/specifications prescribed by State Government).
Exceptions	Areas exempted via notification (due to unsuitable groundwater levels).
Pre-Construction	Municipality approval under Section 194 requires provision of rainwater harvesting in maps.
Post-Construction	Completion certificate mandatory for occupation; Must confirm rainwater system is installed and operational.
Completion Certificate	Issued only if rainwater harvesting system meets prescribed standards and is operational.
Water Connection	Permanent water connection denied without completion certificate for mandatory systems.
Penalty	**- Imprisonment: Up to 7 days - Fine: ₹25,000 to ₹1,00,000 ** - Both (if applicable).
Unauthorized Development	Development without compliance = Unauthorized Development under the Act.

Definition of Rainwater Harvesting System

System Type	Purpose
Roof-top Structures	Collect rainwater for domestic use or groundwater recharge.
Underground Tanks	Store rainwater for domestic use or groundwater recharge.

Section 238A

Provision of of parking space

Aspect	Details
Applicability	All buildings in municipal areas constructed post-commencement of the 2010 Amendment Act.
Requirement	Compulsory provision of parking space (as per specifications by State Government).
Exceptions	Certain buildings or classes exempted by notification in Official Gazette.
Pre-Construction	Municipality approval under Section 194 requires parking provision in maps with security.
Post-Construction	Completion certificate mandatory for occupation; Must confirm parking space is provided.
Completion Certificate	Issued only if parking space meets prescribed standards.
Water Connection	Permanent water connection denied without completion certificate for parking compliance.
Penalty	**- Imprisonment: Up to 7 days ** - Fine: ₹25,000 to ₹1,00,000 - Both (if applicable).
Unauthorized Development	Development without parking compliance = Unauthorized Development under the Act.

Key Provisions for Parking Space

Stage	Requirement
Pre-Construction	Maps with parking provisions submitted; Security for parking compliance furnished.
Post-Completion	Certificate issued only if parking is constructed as per prescribed standards.
Occupation Restriction	No occupation or water connection allowed without a completion certificate.

Section 239

Fixing of Brackets, Pipes, etc., to Houses

Aspect	Details
Municipality Authority	The Municipality can fix brackets for lamps (oil, gas, or electricity) and telegraph/telephone wires to buildings.
Purpose	To ensure proper ventilation for sewers and waterworks.
Condition for Installation	Must be done in a manner that does not cause inconvenience or nuisance to the building or its neighbors.

Section 240

Naming of Streets and Numbering of Houses

Aspect	Details
Municipality Authority	The Municipality can name streets and public places and put up nameplates.
State Government Direction	The State Government can direct the Municipality to name places by specific names, which are binding.
House Numbering	The Municipality may fix number plates on buildings, with costs borne by owners.
Penalty for Defacement	A ==fine of 1,000 to 2,000 rupees== for damaging or altering name/number plates.

Section 241

Installation of Statues

Aspect	Details
Approval Requirement	No statue may be installed in public areas without prior approval from the State Government or authorized authority.
Penalty for Unauthorized Installation	Simple ==imprisonment of 2 to 6 months and a fine of 25,000 to 50,000 rupees== for unauthorized installation or damage to approved statues.

Section 242

Removal and Trimming of Hedges, Trees, etc.

Aspect	Details
Municipality Authority	The Municipality can issue notices to landowners to trim hedges or trees that obstruct public streets or water supply sources.
Compliance Deadline	Owners must comply with trimming requests within the specified period.
Municipality Action for Non-Compliance	If owners fail to comply, the Municipality may carry out the work and recover costs as municipal dues.

Section 243

Dangerous Buildings

Clause	Key Points
243(1)	Condition: Building in ruinous/dangerous state
	Action by Municipality:
	- Hoarding/fence for passenger protection (if urgent)
	- Expenses borne by owner/occupier
	- Recover expenses like taxes under Act
Proviso	If danger not immediate:
	- Municipality issues notice to owner/occupier
	- ==2 days== to set up hoarding/fence
	- Municipality acts if not set up in time, recovers expenses
243(2)	Notice to owner/occupier:
	- Take down/secure/repair building
	- ==3-day window== to begin work; immediate in emergencies
	- Municipality steps in if work not done, recovers expenses
243(3)	Liability if building falls:
	- Owner/occupier jointly liable for damage due to debris
	- Additional actions under Act/other laws

Section 244

Displacing Pavements, etc.

Clause	Key Points
244(1)	Action: Displacing, damaging, altering public property
	Items Affected: Pavement, gutter, storm water drain, flags, etc.
	Municipal Property: Fences, walls, posts, lamps, hydrants, pipes, etc.
	Penalty: ==Fine ₹2,000 to ₹5,000==
	Additional Liability: Pay actual damage + ==10% admin charges==
244(2)	Failure to Restore:
	- If not restored after notice
	- ==Fine ₹1,000 to ₹2,000==
	- Pay restoration expenses
	- Expenses recoverable like tax claims under the Act

Section 245

Encroachment or Obstruction Upon Public Land

Clause	Key Points
Encroachment	Action: Making encroachment on public land/space
	Exception: Steps over drain in public street not included
	Penalty: Simple imprisonment ==(3 months to 3 years)==
	Fine: ==₹30,000 to ₹50,000==
Proviso	Court Discretion: May reduce imprisonment below 3 months for special reasons

Temporary Obstruction and Removal of Encroachment:

Clause	Key Points
244(2)	Action: Temporary obstruction without prior Municipality permission
	Exception: Steps over drain in public street not included
	Penalty: Imprisonment (up to 1 month) or Fine (up to ₹5,000) or both
244(3)	Municipality Power: Can remove obstruction or encroachment
	Liability: Expenses of removal paid by person causing obstruction

Aspect	Details
Definition of Encroachment	Making encroachments on public land not owned privately, regardless of ownership by Municipality.
Penalties for Encroachment	==- Imprisonment: 3 months to 3 years. - Fine: ₹30,000 to ₹50,000.== (Court may impose lesser sentence for special reasons).
Temporary Obstruction	- Unauthorized temporary obstruction can lead to: ==- Imprisonment: Up to 1 month. - Fine: Up to ₹5,000.==
Removal of Obstruction	The Municipality can remove encroachments at the offender’s expense.
Unauthorized Material Removal	Removing earth, sand or other materials from public land without permission can result in: ==- Imprisonment: 2 to 6 months. - Fine: ₹30,000 to ₹50,000.==
Seizure of Property	Municipality can seize property related to encroachments, and must report the seizure.
Confiscation Process	- Owners receive notice and can contest confiscation of seized property. - Confiscation orders require prior notice and opportunity to respond.
Simultaneous Punishment	Confiscation does not prevent criminal punishment for the encroachment.
Appeal Process	Appeals against confiscation orders can be made to the ==District Judge within one month.==
Jurisdiction	Only Municipality or District Judge can issue orders regarding seized properties.
Burden of Proof	Accused must prove non-committing of offenses related to encroachment.
Special Provisions	- Temporary occupations for festivals are allowed under certain conditions. - Authorized projections are exempt from penalties.
Employee Misconduct	Municipality employees involved in encroachments face: ==- Imprisonment: 3 months to 3 years. - Fine: Up to ₹30,000.==
Investigation Authority	Investigations must be conducted by officers of ==Deputy Superintendent rank== or above, completed ==within three months.==
Preventive Measures	Chief Municipal Officer can initiate proceedings against potential encroachers, with magistrate authority to impose behavior bonds.

Section 246

Dangerous Quarrying

Clause	Key Points
Dangerous Quarrying	Action by Municipality: If quarrying or material removal creates danger/nuisance
	Notice to Owner: Stop or modify activity to prevent danger/nuisance
State Government Provision	Consent Requirement: Municipality needs State Government consent if quarry/place is State-owned or permitted by State
Imminent Danger	Protective Measures: Municipality can put up hoarding/fence if urgent

Section 247

Premises Not to Be Used for Keeping Animals or Poultry Without Licence

Clause	Key Points
License Requirement	Purpose: License needed to keep animals/poultry on premises
	Animals Included: Cattle, horse, pig, dog, other quadrupeds, poultry
	Terms: License must conform to terms set by Municipality
Fee	Determination: Fees set by Municipality via bye-laws
Exemptions	Written Order: Municipality can exempt certain animals/birds from license requirement

Section 248

Seizure of Certain Animals or Birds

Clause	Key Points
248(1)	Action: Seizure of animals/birds if kept in violation of Chapter, roaming, or causing nuisance
	Animals Included: Cattle, horse, pig, dog, other four-footed animals, birds
	Procedure: Chief Municipal Officer can impound or remove animal to designated place
Expenses Recovery	Recovery Method: Costs of seizure/maintenance covered by sale via auction
Claiming Seized Animal	Claim Period: Owner can reclaim ==within 7 days== by paying expenses and providing proof of ownership
248(2)	Sale Proceeds Usage: First used to cover expenses of seizure, maintenance, and auction
	Surplus Funds: Held for ==90 days,== after which unclaimed funds go to Municipal Fund

Section 249

Power to Deal with Infected Dogs or Animals

Aspect	Details
Authority	Chief Municipal Officer
Actions	- Destroy or confine infected animals. - Confinement for suspected rabies.
Public Notice	- Directs action against unlicensed straying dogs. - Confiscation and potential destruction of unlicensed dogs.

Section 250

Power to Stop Nuisances from Animals Within Premises

Aspect	Details
Nuisance Authority	Chief Municipal Officer
Immediate Action	- Order owner/occupier to stop nuisance. - Specify time frame for compliance.
Consequences of Non-compliance	- Stopping use of premises. - Show cause for license cancellation.
Seizure of Animals	- Seizure and auction of animals if nuisance persists. - License cancellation prior to seizure.

Section 251

Licensing of Dairies

Aspect	Details
Licensing Requirement	- License required for milk cattle, storage, selling milk, butter production.
License Granting Authority	Municipality
Conditions for License	- Grant subject to conditions. - Withdraw license with ==one month notice== or immediately for violations.
Penalties for Violations	- Fine: ==₹5,000 to ₹10,000== for unauthorized use. - Additional fine for continuing offences: ==₹50/day post-conviction.==
Closure of Premises	- Magistrate can order closure upon conviction at request of Municipal Officer.

Section 252

Power to Prohibit Use of Public Streets for Certain Kinds of Traffic

Aspect	Details
Authority	Municipality
Regulations	- Prohibit/regulate vehicular traffic - Prevent danger, obstruction, or inconvenience.
Prohibitions	(a) Prohibit traffic temporarily/permanently. (b) Restrict specific vehicle types based on size, weight, emissions, etc. (c) Control entry/exit from premises during certain hours. (d) Close streets for repairs/work (drainage, water supply, lighting).
Notice Requirements	- Notices must be posted at both ends of affected streets. - General notices for all streets must be advertised.
Pedestrian Pathways	- Municipality may designate pedestrian pathways for bicycles and pedestrians.
Notice for Pathways	- Similar posting requirements as traffic notices.

Section 253

Regulation of Parking of Private Vehicles on Public Places

Aspect	Details
Authority	Municipality
Regulation of Parking	- Control parking on public places (footpaths, roadsides). - Ensure smooth traffic flow and prevent public inconvenience.
Parking Restrictions	- No parking unless adequate space is available.
Permitted Parking	- Parking allowed with conditions set by Municipality. - Fees may be prescribed for parking.

Section 254

Halting Vehicles or Animals on Public Ground

Aspect	Details
Offense	Unauthorized halting on municipal land or public place.
Liability	Owner/keeper or encamping person liable.
Penalty	- ==Fine: ₹1,000 to ₹2,000== - Continuing breach: ==₹50 to ₹100 per day== post-conviction.

Section 255

Arrangement for Fire Prevention

Aspect	Details
Authority	Municipality
Requirements	- Arrangements for fire prevention - No objection certificate as per bye-laws.

Section 256

Establishment and Maintenance of Fire Brigade

Aspect	Details
Authority	Municipality
Responsibilities	- Establish and maintain fire brigade. - Provide necessary equipment for fire prevention and extinction.

Section 257

Powers of Fire Brigade and Other Persons for Suppression of Fire

Aspect	Details
Authorized Personnel	- Magistrate - Municipality members - Chief Municipal Officer - Fire brigade members - Police officers (above constable rank)
Powers	- Remove obstructing persons - Close streets/passage - Break into buildings for fire control - Adjust water mains for pressure - Call fire-engine assistance - General safety measures
Liability	No damages for actions taken in good faith.

Section 258

Power to Restrict or Ban Manufacture etc. of Plastic Bags

Aspect	Details
Authority	Municipality, under state government orders.
Actions	- Restrict or ban manufacture, sale, use of plastic bags.
Penalty for Contravention	==- Imprisonment: Up to 3 months - Fine: ₹100 to ₹1,000 - Further fine: ₹50 per== day/night for continued offense post-conviction.

Section 259

Non-taking of Connection or Discharging Sewage

Aspect	Details
Offense	- Failing to connect to sewerage system (as per [[# Section 202]]) - Allowing offensive matter to discharge onto streets/open spaces.
Liability	Person in control of building/land.
Penalty	- Fine: ==Minimum ₹5,000.==

Section 260

Filthy Building

Aspect	Details
Responsibility	Owner or occupier of building/land.
Offense	- Allowing premises to remain filthy/unwholesome - Overgrown with undesirable vegetation.
Initial Penalty	==- Fine: ₹1,000 to ₹2,000.==
Continuing Offense	- Additional fine: ==₹50 to ₹100 per day== post first conviction.
Municipality's Actions	- Can prohibit use if unfit for habitation. - May issue notice to owner for compliance.
Conditions for Non-compliance	- Building becomes a nuisance - Potential danger (snakes, rats, etc.).
Compliance Notice	- Municipality can specify required actions and timeline.
Actions on Non-compliance	- Municipality may take specified actions at owner's cost. - If demolished, materials may be sold.
Sale Proceeds	- Used for costs of demolition and sale. - Surplus returned to owner ==within six months== of application.

Section 261

Bathing Places

Aspect	Details
Authority	Municipality may designate public bathing places.
Facilities Provided	- Public bathing areas - Tanks/runs of water for bathing - Tanks/reservoirs for washing animals/clothes.
Regulations	- May prohibit other public places for bathing. - Orders/notices available at municipal office for public inspection.

Section 262

Fouling Water

Aspect	Details
Offense	- Bathing or washing in prohibited areas - Fouling water in municipal tanks, pools, or wells.
Specific Actions Prohibited	- Introducing animals or materials into water sources without permission.
Penalty	- ==Fine: ₹1,000 to ₹2,000.==

Section 263

Abatement of Nuisance from Wells, etc.

Aspect	Details
Nuisance Definition	- Breeding places for mosquitoes - Pools, wells, drains, or any collection of water within ==100 meters== of a dwelling house.
Municipality's Authority	- Can issue notice to owners to fill, cover, or drain nuisances.
New Construction Regulations	- No new tanks/ponds without municipal permission.
Actions on Non-compliance	- Municipality can require demolition or filling of unauthorized constructions. - Permission can be granted post-factum but does not exempt from penalties.

Section 264

Regulation or Prohibition of Certain Kinds of Cultivation

Aspect	Details
Authority	Municipality can regulate/prohibit cultivation based on health reports.
Key Reports	**- Director of Medical and Health Service ** **- Chief Medical and Health Officer ** - Local Medical Officer
Conditions for Prohibition	Requires state government approval and public notice.
Compensation	Compensation to be paid from the municipal fund for damage caused by prohibition if cultivation has occurred for the ==last five years continuously.==

Section 265

Using Offensive Manure

Aspect	Details
Offense	- Storing or using night-soil or other offensive manure without permission.
Penalty	- ==Fine: ₹1,000 to ₹2,000.==

Section 266

Playing Any Game Causing Annoyance

Aspect	Details
Offense	- Negligently flying kites, discharging fireworks, or engaging in games that cause annoyance or danger.
Penalty	==- Fine: ₹100 to ₹500.==

Section 267

Prohibition of Other Nuisances

Aspect	Details
Prohibited Activities	- Easing oneself in public streets - Carrying exposed meat - Picketing animals or collecting carts - Destroying notices - Carrying waste in open vehicles - Making graves outside designated areas - Letting animals cause injury or annoyance - Using non-designated places as latrines.
Penalty for Violations	- ==Fine: ₹1,000 to ₹2,000.==

Section 268

Consumption of Smoke

Aspect	Details
Authority	Municipality can direct furnace use to reduce smoke emissions.
Requirements	Furnaces in trade or manufacturing must be designed to consume smoke effectively.
Offense	Using or permitting the use of non-compliant furnaces or negligent operation leading to smoke emissions.
Penalty for First Offense	==- Fine: ₹1,000 to ₹2,000.==
Penalty for Subsequent Offense	==- Fine: ₹2,000 to ₹5,000.==
Exemption	Does not apply to locomotive engines used for traffic or road repair.

Section 269

Licensing Markets, Slaughterhouses, and Certain Businesses

Aspect	Details
Licensing Authority	Municipality must grant licenses for certain business activities (e.g., markets, slaughterhouses).
Prohibition of Unauthorized Use	No place not owned by the Municipality can be used for specified purposes without a license.
Offense	Using or allowing use of places without the required license or during its suspension.
Penalty	- ==Fine: ₹1,000 to ₹2,000.==
Closure of Non-Compliant Places	Upon conviction, the Magistrate can order closure of the place on application by the Municipality.
Daily Fine for Continued Use	- ==Fine: ₹50 to ₹100 for each day== of continued use after closure order.
Appeal Process	Aggrieved parties can appeal to the ==Collector within 30 days== of the Municipality's order. The Collector's decision is final.

Section 270

Opening, Closing, and Letting of Markets and Slaughterhouses

Aspect	Details
Authority	Municipality may open or close public markets and slaughterhouses.
Charges	Municipality can charge rents or fees for stalls and space in markets or slaughterhouses.
Selling Privileges	Privileges for occupying stalls or using the slaughterhouse can be sold by public auction or otherwise.
Unauthorized Use	Selling or exposing items for sale or using the slaughterhouse without permission is prohibited.
Penalty for Unauthorized Use	- ==Fine: ₹1,000 to ₹2,000.==
Leasing Authority	Municipality can lease collection of rents or fees for up to ==one year at a time==, by public auction or private contract.

Section 271

Slaughterhouses Beyond Municipal Limits

Aspect	Details
Establishment Authority	Municipality can establish slaughterhouses outside its limits with approval from designated State Government officer.
Applicability of Regulations	Provisions of this Act and relevant bye-laws apply to these external places as if they were within municipal limits.

Section 272

Opening of New Slaughterhouses

Aspect	Details
Public Convenience	Municipality must consider public convenience and opinion when establishing new slaughterhouses.
Public Objections	Reasonable objections from the public must be taken into account before permitting the establishment of a new slaughterhouse.

Section 273

Powers for Preventing Dangerous Diseases

Aspect	Details
Authority	Municipality may exercise powers to prevent dangerous diseases.
Subsections	1. General powers; 2. Specific powers listed below.

Subsection 2: Specific Powers

Power	Description
(a)	Reporting: Medical practitioners to report dangerous diseases.
(b)	Inspection: Authorize inspections without notice in suspected areas.
(c)	Water Removal Prohibition: Prevent drinking water removal from contaminated sources.
(d)	Removal of Infectious Persons: Transfer to hospitals if necessary.
(e)	Disinfection Notice: Require cleansing of buildings/articles.
(f)	Accommodation Prohibition: No letting of places with dangerous disease history without disinfection.
(g)	Destruction of Unsanitary Structures: Demolish huts/sheds linked to dangerous diseases.
(h)	Disinfection Services: Provide means for disinfecting exposed articles.
(i)	Transportation: Provide conveyances for infected persons; prohibit public transport for them.
(j)	Exposure Prohibition: Restrict exposure of infected individuals in public.
(k)	Transfer Restrictions: Prohibit moving/distributing potentially infected articles.

Other Provisions

Provision	Details
Compensation	Possible for property loss due to destruction under this section.
Penalties	Disobeying orders: ==fine ₹2,000 - ₹5,000.==
State Government Powers	- Withdraw Municipality powers - Modify conditions - Cancel Municipality orders.

Section 274

Special Powers Conferred by State Government in respect of over-crowded areas

Aspect	Details
Authority	State Government can confer special powers on Municipality.
Conditions for Concession	Risk of disease due to:
	- Overcrowded buildings
	- Difficulties in cleansing
	- Inadequate drainage
	- Poor street arrangements

Subsection 2: Powers Conferred

Power	Description
(a)	Notice for Action: Require removal or modification of buildings posing health risks.
(b)	Municipal Action: Municipality can act if owner neglects notice (demolish or modify).
(c)	Prohibition of New Buildings: Notify prohibition on building in specified areas:
	- Conditions:
	- On sites of demolished buildings (per clause a).
	- On vacant spaces (private or public).
	Acquisition: Municipality can acquire or set conditions for the use of such sites.
	Compensation: Compensation for affected rights.

Other Provisions

Provision	Details
Compensation for Demolition	Payment to owners for damage due to building removal.
Dispute Resolution	Compensation disputes resolved under [[# Section 295]].
State Government Powers	- Withdraw conferred powers. - Modify regulations as needed.

Section 275

Responsibilities of the Municipality

Responsibility	Details
Burial Grounds	Construct and maintain burial and cremation grounds.
Disposal of the Dead	Acquire, maintain, and regulate places for disposal.

Section 276

Powers in Respect of Burial and Burning Places

Aspect	Details
Closure Orders	Municipality can close dangerous burial/burning grounds (certified by health officials).
New Grounds	No new burial/burning grounds without Municipality's written permission.
Unauthorized Burials	Punishment for unauthorized burials/burnings: ==Fine of ₹1,000 - ₹2,000.==

Appeals and Procedures

Provision	Details
Right to Appeal	Aggrieved persons may appeal to ==Collector within 30 days.==
Extension of Appeal Period	Appellate authority may extend the appeal period.
Finality of Orders	Orders of appellate authority are final.
Suspension of Proceedings	Enforcement of order suspended during appeal.
Non-Offense on Appeal	If order set aside, disobedience not an offense.

Section 277

Regulation of the Removal of Corpses

Aspect	Details
Prescribed Routes	Municipality may prescribe routes for moving corpses to burial or burning grounds.
Penalty for Non-Compliance	Fine for using unauthorized routes: ==₹1,000 - ₹2,000.==

Section 278

Licensing of Fuel Shops at Burning Grounds

Aspect	Details
Licensing Authority	Municipality may grant/renew licenses for fuel sale at burning grounds.
Fee Payment	Licenses issued on payment of a fixed fee.
Revocation of Licenses	Licenses can be revoked for good cause.

Regulations on Fuel Sales

Provision	Details
Scale of Rates	Municipality shall prescribe sale rates for fuel and cremation articles.
Sale Restrictions	Unauthorized sales ==within 300 meters== of burning grounds prohibited.

Penalties for Violations

Violation	Penalty
Overcharging on Fuel	==Fine: ₹1,000 - ₹2,000;== possible license cancellation.
Unauthorized Sales	==Fine: ₹1,000 - ₹2,000== for selling without license.
Post-Revoke Sale	Fine for selling after license revocation: ==₹1,000 - ₹2,000.==

Section 279

Powers to Cause Corpses to be Buried or Burnt

Aspect	Details
Unclaimed Bodies	Municipality may dispose of unclaimed bodies ==after 24 hours== from death.
Natural Death	Formalities under the law must be completed for unnatural deaths.
Religious Tenets	Disposal of corpses to be consistent with known religious practices.
Recovery of Expenses	Expenses incurred by Municipality recoverable from deceased's estate.
Free Burial for Paupers	Provision for free burial or burning of paupers from municipal funds.

Section 280

Removal of Carcasses of Dead Animals

Aspect	Details
Disposal Facilities	Municipality to provide proper disposal places for animal carcasses.
Notification Requirement	Person in charge must notify Municipality or dispose of carcass ==within 24 hours.==
Disposal Options	1. Convey carcass to designated place or ==beyond 2 km== of municipal limit. 2. Notify Municipality for removal.
Occupier's Responsibility	Occupier must act in accordance with disposal requirements.
Charges for Removal	Municipality may charge a fee for carcass removal, recoverable as municipal claims.
Penalties for Non-Compliance	Fine for failing to comply: ==₹1,000 - ₹2,000.==

Section 281

Penalty for Acts Done by Persons Suffering from Certain Disorders

Aspect	Details
Infectious Diseases	Penalties for those with infectious or contagious disorders.
Offenses	- Making or selling food, drink, medicine, or drug. - Touching articles for sale. - Involvement in washing or carrying soiled clothes.
Penalties	- Fine: ==₹1,000 - ₹2,000== upon conviction.

Section 282

Regulation of Certain Trades

Aspect	Details
Conditions for Regulation	If a trade or place poses a risk of nuisance, health danger, or fire risk, the Municipality may intervene.
Affected Trades Include	- Boiling/storing offal, blood, bones, etc. - Sorting/storing fish. - Tanning, leather goods manufacture, dyeing. - Soap-making, washing hair, boiling oil. - Storage of combustible materials, grain for trade, and more.
Municipality Powers	- Issue notice to cease use or modify the premises. - Require removal to a designated place.
Penalties for Non-compliance	- Fine: ==₹2,000 - ₹5,000== for continuing nuisance post-notice. - Additional fine of ==₹100 per day== for continued violations after conviction.
Closure Orders	Upon conviction, the Magistrate can order closure of the offending place.
Licensing Requirement	- Fine for operating without a license: ==₹1,000 - ₹2,000.== - Additional fine of ==₹100 - ₹500 per day== for continued operation post-violation.
Appeals	Aggrieved parties can appeal to the ==Collector within 30 days.== Appeals are final and not subject to court questioning.

Section 283

Use of Siren for Summoning or Dismissing Workmen

Aspect	Details
Siren Usage Regulation	- Sirens may only be used for summoning/dismissing workers with a license from the Municipality.
License Conditions	- The Municipality can grant or withdraw licenses with ==one month's notice== after hearing the licensee's view.
Penalties for Violation	- Unauthorized use of a siren: Fine of ==₹2,000 to ₹5,000.==

Section 284

Service of Notices to individual

Aspect	Details
Service Methods	Notices/orders can be served by: 1. Directly to the person. 2. Leaving at the last known address or with a family member. 3. Registered post if the address is known outside municipal limits. 4. Affixing the notice to the property if other methods fail.
Property Notices	- Notices to property owners do not need to name them. - Can be served to any one owner or occupier.
Public Notices	- Considered sufficient if posted in the municipal office as prescribed by the Municipality.
Validity of Notices	- Notices/orders are valid despite defects in form.
Time for Compliance	- Notices/orders must specify a reasonable time for compliance if not otherwise stated.
Non-Compliance Action	- If not complied with, the Municipality can act to complete the required work, with expenses recoverable from the person served.

Section 285

Disobedience to Individual Notice

Aspect	Details
Compliance Requirement	Notice/order to execute work on property.
Consequences of Non-compliance	1. Municipality can execute work. 2. Recover expenses from the person.
Penalties	- Fine up to ==₹2,000.== - Continuing breach: ==₹50/day== post-first conviction.

Section 286

Disobedience to Public Notice

Aspect	Details
Public Compliance	Failure to comply with public requisition.
Penalties	- Fine ==₹2,000 to ₹5,000.== - Continuing breach: ==₹50 to ₹100/day== after first conviction.

Section 287

Municipality in Default of Owner or Occupier

Aspect	Details
Municipality Authority	Execute required work if owner/occupier defaults.
Expense Recovery	- Recover ==expenses + 10% (min ₹1,000).== - Recovery similar to tax claims.
Special Agreements	- Special agreements for drainage work. - Expenses may be marked as improvement expenses.
Charges on Property	- Improvement ==expenses + 15% interest.== - Recoverable as tax.
Occupier Liability	- Municipality can recover from occupiers. - Deduction from rent allowed.
Limit on Charges	- Occupier not liable beyond rent amount due. - Proof of rent amount is on occupier.

Section 288

Occupier in Default of Owner

Aspect	Details
Default by Owner	Owner fails to execute required work.
Occupier Authority	Occupier may execute work with Municipality's approval.
Expense Recovery	Expenses paid by owner or deducted from rent due.

Section 289

Proceedings if Occupier Opposes Execution

Aspect	Details
Occupier Prevention	Occupier prevents owner from executing work.
Magistrate's Order	Order to occupier to permit owner to execute necessary works.
Occupier's Penalty	- Fine of ==₹1,000 to ₹2,000 for each day== of refusal. - Owner relieved from penalties for default during occupier's refusal.

Section 290

Penalty for Obstructing Municipal Workers

Aspect	Details
Obstruction Defined	Obstructing or molesting municipal employees in duty.
Removing Marks	Removing marks for work execution.
Penalties	- Fine of ==₹2,000 to ₹5,000== on conviction. - Police can arrest offenders.

Section 291

Penalty for Breaches of Act

Aspect	Details
General Breaches	Contravening any provisions, rules, or bye-laws.
Penalties	- Fine of ==₹2,000 to ₹5,000== on conviction.

Section 292

Entry for Purposes of Act

Aspect	Details
Authorized Entry	Chief Municipal Officer or authorized officer can enter buildings/land.
Time of Entry	Entry allowed between sunrise and sunset.
Consent Requirement	- Consent of occupier needed. - ==24 hours written notice== required.
Consideration for Dwellings	Respect social/religious customs of occupiers.

Section 293

Preventive Inspection

Aspect	Details
Reason for Inspection	Suspected contravention of municipal works.
Authorized Personnel	Chairperson, Vice-Chairperson, Chief Municipal Officer, Health Officer.
Entry Without Notice	Allowed unless the building is a human dwelling; social/religious customs considered.

Section 294

Power for Effecting Entry

Aspect	Details
Authorized Entry	Entry for inspection/search permitted.
Conditions for Entry	- Necessary to open barriers. - Owner/occupier absent or refuses to open.

Section 295

Determination of Compensation

Aspect	Details
Compensation Agreement	If no agreement, amount determined by appointed officer by ==Director of Local Bodies.==
Civil Court Option	Aggrieved party may seek redress in civil court.
Land Compensation Process	Follow procedures of Land Acquisition Act, 1894.

Section 296

Costs or Expenses Determination and Recovery

Aspect	Details
Dispute Over Costs	Amounts directed to be paid as per the Act.
Determination Authority	Ascertained by the Municipality.
Recovery Method	Recoverable like any tax under the Act.

Section 297

Formation of State Municipalities Union

Aspect	Details
Union Name	Rajasthan State Municipal Boards Union (or name notified by State Government).
Formation Requirement	==More than half of Municipalities== must pass a resolution to join.
Functions of the Union	- Examine common issues. - Disseminate information. - Represent to State Government. - Provide consultancy for municipal improvement. - Other functions assigned by State Government.
Governance by Rules	- Constitution, aims, and objects of the Union. - Contribution methods by Municipalities. - Financial management and auditing. - Other necessary matters.
Eligibility for Representation	Must be the ==Chairperson== of a Municipality.

CHAPTER XII A Prevention of Defacement of Property

Section 297A

Penalty for Defacement of Property

Offense	Punishment
First Offense	Imprisonment ≤ 1 year or Fine ₹5,000-₹10,000 or both.
Subsequent Offense	Imprisonment ≤ 2 years or Fine ₹10,000-₹20,000 or both.

Acts Covered:

• Defacing property (ink, chalk, paint, etc.).
• Spitting, urinating, pasting pamphlets/posters.

Exceptions: Name & address of owner/occupier.

Responsibility for Offense

Who is Guilty	Condition
President, Chairman, etc.	If offense benefits a company/body/association.
Exemption	Prove offense occurred without knowledge/consent.

Section 297B

Punishment for Attempt to Commit Offense

Nature	Punishment
Attempt to Commit	Same punishment as for the main offense.

Section 297C

Punishment for Abettor

Action	Punishment
Procuring, aiding, abetting offense	Same punishment as for the main offense.

Section 297D

Power to Erase Writing

Authority	Action
Municipality/authorized officer	Erase writing, defacement, or marks on property.

Section 297E

Power to Compound Offense

Authority	Action
Municipality/authorized officer	Withdraw prosecution or compound offense.

Section 297F

Indemnity

Protection	Scope
Government/local authority/person	No suit/prosecution for actions in good faith.

Section 297G

Chapter to Override Other Laws

Provision	Effect
Override	Prevails over conflicting laws.

Section 297H

Definitions

Term	Definition
Defacement	Impairing/damaging/disfiguring property.
Property	Includes buildings, walls, trees, roads, poles, notified structures, etc.
Public Place	Any accessible area where public have rights to pass/resort.
Public View	Anything visible to the public from a public place.
Writing	Decoration, lettering, ornamentation (e.g., by stencil).

CHAPTER XIII Prosecution, Suits etc.

Section 298

Municipality May Prosecute

Aspect	Details
Authority	Chief Municipal Officer may direct prosecutions for public nuisances or violations.
Prosecution Timeline	Must be instituted ==within six months of offence.==
Prosecution Venue	May be initiated before any Magistrate.
Recovery of Fines/Penalties	Recoverable via distress and sale of movable/immovable property within jurisdiction.
Municipal Fund	Expenses for prosecutions may be paid from the municipal fund.

Section 299

Powers with Respect to Prosecuting for Offences

Aspect	Details
Compromise	Municipality may compromise with an offender; no proceedings if compromised.
Withdrawal of Prosecutions	Municipality may withdraw prosecutions under this Act or bye-laws.
Compounding Offences	Offences may be compounded if declared compoundable by State Government.
Regulation of Proceedings	State Government may make rules for proceedings related to compromises.

Section 300

Damages to Municipal Property

Aspect	Details
Liability for Damage	Person causing damage must make good the damage and pay penalties.
Dispute Resolution	Amount of damage determined by the convicting Magistrate.
Recovery of Damages	Non-payment may lead to levying by distress; Magistrate issues warrant.

Section 301

Certain Offences to be Cognizable and Bailable

Aspect	Details
Cognizable Offences	[[# Section 167]], [[# Section 236]], and [[# Section 245]] are cognizable and bailable despite the Code of Criminal Procedure, 1973.

Section 302

Distress Lawful Though Defective in Form

Aspect	Details
Legality of Distress	Distress is lawful despite defects in summons, conviction, or warrant.
Trespasser Status	No party making distress is a trespasser due to form defects or irregularities.
Recourse for Aggrieved Parties	Aggrieved parties may recover damages in a competent jurisdiction.

Section 303

Alternative Procedure by Suit

Aspect	Details
Recovery Process	Municipality can sue in a competent court if recovery processes fail.
Applicability	This applies to amounts recoverable under the Act, including compensation, expenses, charges, or damages.

Section 304

Suits Against Municipality or Its Officers

Aspect	Details
Notice Requirement	==Two-month notice== required before suing Municipality or its officers, detailing cause of action, relief sought, compensation claimed, and plaintiff's information.
Time Limit for Action	Actions must be commenced ==within six months== after the cause of action arises, except for actions for immovable property or title declarations.
Exemption for Injunctions	Notice requirement does not apply if the suit only seeks an injunction that would be defeated by the notice.

Section 305

Civil Court Not to Grant Temporary Injunctions in Certain Cases

Aspect	Details
Injunction Restrictions	Civil courts cannot grant temporary injunctions:
- Against Official Duties	Preventing a person from exercising powers of Municipality officials based on alleged improper election/appointment.
- Election Processes	Restraining any Municipality or its committees from holding elections or conducting them in a specific manner.

Section 306

Power of Compromises

Aspect	Details
Compounding Authority	Municipality can compound/compromise suits or claims.
Sanction Requirement	Must obtain necessary sanction for contracts.
Compensation Source	Municipal fund may compensate for damages caused by the Municipality’s powers.
Civil Proceeding Expenses	Municipal fund liable for expenses in civil proceedings.

Section 307

Mode of Proof of Municipal Records

Aspect	Details
Certified Copies	Copies of municipal documents can be certified.
Prima Facie Evidence	Certified copies accepted as prima facie evidence.
Admissibility	Same evidentiary value as original documents.

Section 308

Restrictions on Summoning Municipal Servants

Aspect	Details
Document Production	No requirement to produce documents in non-party cases if a certified copy is available.
Witness Requirement	Municipal servants not required to testify unless court orders otherwise.
Court’s Special Order	Appearance as a witness only by special court order.

CHAPTER XIV Control

Section 309

Appointment and Powers of Director, Deputy Director, and Assistant Director

Aspect	Details
Director of Local Bodies	Appointed by the State Government.
Functions & Powers	Functions and powers as per Act/rules.
Assisting Officers	Additional officers can be appointed by the State Government.
Subordination	Officers subject to Director's direction.
Local Jurisdiction	Powers and jurisdiction assigned by the Director.

Section 310

Powers of Inspection and Supervision

Aspect	Details
Inspection Authority	Authorized officers can inspect any Municipality property.
Document Requests	Can call for extracts from proceedings, documents, reports, etc.
Objection Consideration	May require Municipality to consider objections or provide information.
Enquiry Powers	Can conduct enquiries as directed by the State Government.
Record Production	Authority to ask for and take possession of relevant records.
Delegation of Powers	Powers can be delegated to subordinate officers (==min. rank: Sub-Divisional Officer==).

Section 311

Power to Inspect the Office of the Municipality

Aspect	Details
Inspection Authority	Officers appointed/authorized by the State Government.
Inspection Scope	Power to inspect any Municipality office.
Records Request	Can call for records from the Municipality.

Section 312

Powers of Suspending Execution of Order etc. of Municipality

Aspect	Details
Suspension Authority	Authorized officers can suspend orders/resolutions.
Grounds for Suspension	Injury, annoyance, breach of peace, unlawfulness, or detriment to Municipality interests.
Order Notification	Copy of order to be sent to State Government and Municipality.
State Government Discretion	Can rescind or modify order; must provide Municipality opportunity to show cause.

Section 313

Extraordinary Powers in Case of Emergency

Aspect	Details
Emergency Authority	District Magistrate can execute works for public health/safety.
Expense Payment	Municipality to pay expenses and remuneration for work done.
Order Compliance	Failure to pay can result in orders to individuals managing Municipality funds to comply.
Application of Previous Provisions	Sub-section (2) of [[# Section 312]] applies to orders made under this section.

Section 314

Compliance by Municipality of Requisition by Government in Emergencies

Aspect	Details
Emergency Types	War, famine, scarcity, dangerous disease, floods, large gatherings.
Requisition Compliance	Municipality must comply with requisitions by State Government or authorized officers.
Services Required	Officers from medical, public health, sanitation, vaccination, veterinary, electrical, water works, public works departments.
Charge Coverage	Municipality to meet a proportion of the costs as determined by the State Government.

Section 315

Agency for Execution of Public Works

Aspect	Details
State Government Role	May execute works requiring professional skill not available to Municipality.
Municipality's Responsibility	Executes other works with chosen agency and supervision.
Expense Payment	Municipality pays for work done by State Government or other agencies, including supervision and tool charges.
Payment Order	If dues are not paid, State Government can order payment from municipal fund custodian in priority over other charges.

Section 316

Special Provisions for Works Executed by the State Government

Aspect	Details
Consultation	State Government to consult Municipality before actions.
Powers	(a) Construct permanent works for public health/safety. (b) Manage/maintain works or entrust/resume from Municipality. (c) Recover costs from municipal fund/taxes.
Payment Duty	Custodian of municipal funds must pay amounts directed by State Government.

Section 317

Government Inquiry into Municipal Matters

Aspect	Details
Inquiry Order	State Government may order inquiries into municipal administration.
Inquiry Powers	Powers include: - Discovery & inspection - Enforcing witness attendance - Document production - Oath examinations - Adjournments - Evidence by affidavit - Witness examination commission.
Expense Coverage	Reasonable expenses for witnesses covered as part of costs.
Cost Discretion	State Government decides costs allocation; can include interest (==max 15% per annum==).

Section 318

Power of Government to Prevent Extravagance

Aspect	Details
Employee Regulation	State Government may require reduction of excessive employment/remuneration.
Chief Municipal Officer	(i) Powers may be conferred to Chief Municipal Officer. (ii) Powers under [[# Section 273]] may be delegated to Chairperson, Vice-Chairperson, or designated member.
Compliance Timeline	Municipality must comply with requisitions within prescribed time.
Employee Assessment	State Government can declare surplus employees and dictate absorption into other Municipalities.

Section 319

Power of Government to Provide for Performance of Duties in Default of Municipality

Aspect	Details
Default Notification	State Government can act if a Municipality defaults in duties (complaint or inquiry).
Fixing Performance Period	Government may set a period for the Municipality to perform its duty.
Appointment of Person	If not performed, Government may appoint a person to perform the duty.
Expense Payment	Municipality must cover expenses and remuneration for the appointed person.
Enforcement	Government can order custodian of municipal funds to pay expenses if not settled.

Section 320

Exercise of Municipality's Power Pending Its Establishment

Aspect	Details
Interim Authority	Officer/committee appointed by State Government can exercise Municipality's powers until established.
Election Arrangements	Must arrange first elections ==within six months== of creation.
Limitations	Interim authority cannot impose new taxes or make bye-laws.

Section 321

Power of Government to Direct Person in Custody of Municipal Fund to Pay Government Dues

Aspect	Details
Default in Payment	If Municipality defaults on payments to State Government, an order can be issued.
Payment Priority	Custodian of municipal funds must prioritize Government dues over other charges.
Compliance Obligation	Custodian bound to comply with the order as far as available funds allow.

Section 322

Dissolution of Municipality

Aspect	Details
Grounds for Dissolution	- Incompetency in performing duties - Persistent default in duties - Exceeding or abusing powers
Procedure	- Order published in Official Gazette - Municipality must be given opportunity to explain - Charges must be clearly stated and sent for inquiry to a Tribunal ( 1 Chairman + 2 Member)
Threshold of Competence	- If vacancies exceed ==2/3 of total seats==, deemed incompetent
Elected Members	- If elected members fall below ==2/3 of total==, Municipality must be dissolved
Consequences of Dissolution	- All members vacate offices (Chairperson, Vice-Chairperson included) - Eligibility for re-election remains
Administrator Role	- Powers and duties handled by an appointed Administrator during dissolution
Election Timeline	- Elections must occur within ==6 months== post-dissolution - If less than 6 months remain, no election needed
Duration of New Municipality	- New Municipality lasts for the remainder of the original term of the dissolved Municipality
Legislative Oversight	- Order and reasons must be presented to State Legislature promptly after dissolution

Section 323

Dispute Between Municipality and Local Authorities

Aspect	Details
Dispute Resolution	- If not settled amicably, ==Collector== decides disputes with another Municipality or panchayat in the same district (final decision) - Other disputes referred to ==Divisional Commissioner== (final decision)
Civil Court Limitation	- No civil court can entertain suits regarding disputes under this section

Section 324

Dispute Between Municipality and Statutory Boards

Aspect	Details
Dispute Resolution	- Disputes with Urban Improvement Trust, City Development Authority, etc. referred to ==State Government== - State Government's decision is final

Section 325

Powers of Government to Modify Bye-Laws

Aspect	Details
Modification Authority	- State Government can repeal or modify Municipal bye-laws via notification in the Official Gazette
Pre-Action Requirement	- Grounds communicated to Municipality - Reasonable period fixed for Municipality to respond
Effectiveness	- Modifications take effect upon publication unless specified otherwise - Does not affect prior actions

Section 326

Delegation of Powers by Government

Aspect	Details
Delegation Authority	- State Government may delegate powers under the Act to subordinate officers - Certain powers are exempt from delegation ([[# Section 3]]. [[# Section 6]]. [[# Section 7]]. [[# Section 67]]. [[# Section 94]]. [[# Section 102]]. [[# Section 103]]. [[# Section 107]]. [[# Section 111]]. [[# Section 142]]. [[# Section 297]]. [[# Section 318]]. [[# Section 322]]. [[# Section 325]]. [[# Section 337]]. [[# Section 339]] and [[# Section 340]] ) and power to appoint Appellate Authority.
Power Transfer	- Powers of the Collector or other officers may be temporarily exercised by another specified officer/authority

Section 327

Power to Call for Records

Aspect	Details
Authority	- State Government or authorized officer can call for Municipality records
Purpose	- To verify correctness, legality, or propriety of orders/resolutions
Abeyance Directive	- Can direct to keep orders/resolutions in abeyance pending examination
Final Decision	- After examination, the State Government can rescind, reverse, or modify orders; decision is final and binding

CHAPTER XV Staff

Section 328

Creation of Rajasthan Municipal Service

Aspect	Details
Service Creation	- Rajasthan Municipal Service to be created by the State Government
Categories	- Service divided into categories and grades, including Administrative and Technical officers

Section 329

Classification of Municipalities

Aspect	Details
Classification Authority	- State Government can classify Municipalities based on income, population, and importance
Transfer Between Classes	- Municipalities can be transferred from one class to another by notification
Uniform Pay Scales	- State Government may prescribe uniform pay scales for different posts in each class of Municipality

Section 330

Recruitment to Posts in the Service

Aspect	Details
Appointment Methods	- Appointments made via:
	(a) Direct recruitment
	(b) Promotion
	(c) Transfer
	(d) Deputation (exceptional cases only)
Transfer Terms	- Terms for transfer or deputation from State Service to be laid down by State Government
Inter-Municipal Transfer	- Officers may be transferred between Municipalities with State Government approval
Restrictions on Municipality	- Cannot:
	(a) Take officers on deputation without State approval
	(b) Relieve officers without State orders
	(c) Refuse joining duty for transferred/deputed employees

Section 331

Consultation with the Commission (RPSC)

Aspect	Details
Commission's Role	- Consulted on:
	(a) Appointments by direct recruitment
	(b) Disciplinary matters for Service members
Advisory Duty	- Commission must advise on matters referred under subsection (1)
Examinations	- Conduct examinations for Service appointments if necessary
Reporting	- Commission includes Service-related work in reports under Article 320 of the Constitution

Section 332

Rajasthan Municipal Administrative Service

Aspect	Details
Appointment of Officials	- The State Government shall appoint:
	(i) Chief Executive Officer for each Municipal Corporation
	(ii) Commissioners for Municipal Corporations and Councils
	(iii) Executive Officer for every Municipal Board
	(iv) Secretary for Municipal Corporation or Council (if resolved)
	(v) Any other administrative officers as deemed necessary
Hierarchy	- All officers and servants appointed are subordinate to respective Chief Municipal Officers, Commissioners, or Executive Officers
Duties of Chief Municipal Officer	- Oversight of financial and executive municipal administration
	- Prompt action on audit defects or irregularities
	- Reporting fraud, embezzlement, or loss of municipal property
	- Providing requested documents to the Municipal bodies
	- Explaining subjects at meetings but not voting or proposing

Section 333

Rajasthan Municipal Technical Service

Aspect	Details
Appointment of Technical Officers	- The State Government may appoint:
	(i) Health officer
	(ii) Municipal engineer (min. assistant engineer rank)
	(iii) Revenue officer
	(iv) Assessor
	(v) Senior accounts officer
	(vi) Accounts officer
	(vii) Assistant accounts officer
	(viii) Chief fire officer
	(ix) Fire officer
	(x) Law officer
	(xi) Any other officer for technical duties
Work Distribution	- Distribution of work among officers is managed by the Chief Executive Officer with Chairperson approval

Section 334

Determination of Strength of the Staff

Aspect	Details
Authority	- A Municipality may determine the number of sanitary inspectors, other inspectors, accountants, and ministerial staff by resolution.
Conditions	- This determination is subject to any general or special directions issued by the State Government.

Section 335

Subordinate and Ministerial Establishment and Other Employees

Aspect	Details
Appointment Authority	- Sanitary inspectors and other subordinate staff are appointed by the Municipality, subject to various provisions and rules.
Permanent/Temporary Posts	- Appointments for other posts (permanent or temporary) made by Chief Municipal Officer with Chairperson's approval.
Disciplinary Actions	- Chief Municipal Officer can punish staff except for dismissal/removal.
Punishment Procedures	- Staff can be dismissed or punished according to rules, with a right of appeal to:
	(i) State Government (if Municipality issued the order)
	(ii) Municipality (if order issued by Chief Municipal Officer)

Section 336

Transfer from One Municipality to Another

Aspect	Details
Transfer Authority	- State Government can transfer officers/servants of subordinate or ministerial service between Municipalities.
Transfer to Other Bodies	- Officers/servants may also be transferred to authorities like Jaipur Development Authority or Rajasthan Housing Board, with conditions:
	- Post must have a pay scale not lower than their current position.
	- The lien remains in the parent Municipality, ensuring consideration for future promotions within their original cadre.

Chapter XVI: Rules, Regulations, and Bye-Laws

Section 337

Power of State Government to Make Rules and Orders

Aspect	Details
General Authority	- The State Government may make rules or orders to implement provisions of the Act and prescribe forms for proceedings.
Specific Rules	- The State Government shall make rules concerning the following matters:
	1. All matters expressly allowed by the Act.
	2. Allotment of reserved seats for Scheduled Castes, Scheduled Tribes, Backward Classes, and women.
	3. Preparation and publication of electoral rolls.
	4. Withdrawal of candidature in elections.
	5. Voting procedures and recording votes using machines.
	6. Presentation and disposal of election petitions.
	7. Oaths or affirmations by members.
	8. Enquiry processes for charges against members.
	9. Election procedures for Chairperson and Vice-Chairperson.
	10. Executive functions of the Municipality.
	11. Powers and responsibilities of the Chief Municipal Officer.
	12. Handing over of office responsibilities by Chairperson or Vice-Chairperson.
	13. Conducting business meetings of the Municipality.
	14. Member inquiries and motions regarding administration.
	15. No-confidence motions against Chairpersons.
	16. Committees' functions and meeting procedures.
	17. Delegation of powers and duties to committees.
	18. Land allotment and regularization processes.
	19. Sale or disposal of immovable property and land.
	20. Maintenance of urban land records.
	21. Accounting practices and maintenance of municipal funds.
	22. Tax imposition and levying processes.
	23. Internal audit of municipal accounts.
	24. Return formats for property owners.
	25. Procedures for property attachment and sale for defaulters.
	26. Loan assessment and municipal funding.
	27. Private sector participation agreements.
	28. City Development Plan materials and schemes.
	29. Selection of elected members for planning committees.
	30. Land reservation for marginalized groups.
	31. Rights of way for public utilities.
	32. Conversion charges for land use changes.
	33. Water harvesting structures in government properties.
	34. Disease prevention powers.
	35. Functions of the State Municipalities Union.
	36. Tribunal procedures for Municipality charges.
	37. Duties of the Rajasthan Municipal Technical Service officers.
	38. Terms and conditions of service in Rajasthan Municipal Services.
General vs. Special Rules	- Rules may be general (applicable to all Municipalities) or special (for specific Municipalities).
State Government Authority	- If a Municipality fails to make prescribed rules or bye-laws, the State Government can create them.
Effectiveness of Rules	- Rules come into effect upon publication in the Official Gazette.
Legislative Oversight	- Rules must be laid before the State Legislature for 14 days and can be modified or annulled by the House.
Validity of Actions	- Modifications or annulments of rules do not affect the validity of previous actions taken under those rules.

Section 338

Power of State Government to Make Regulations

Aspect	Details
General Authority	- The State Government can regulate the use and plying of rickshaws for public health, safety, and the convenience of the public and rickshaw pullers.
Regulatory Powers	- Regulations may include provisions to:
	1. Set a date for the prohibition of rickshaw plying in public places.
	2. Prevent the granting of new licenses to rickshaw pullers.
	3. Mandate that licenses are granted or renewed only in the name of the puller.
	4. Limit the number of rickshaws based on public transport adequacy and traffic conditions.
	5. Establish a maximum life period for rickshaws before they can no longer be used.
	6. Gradually reduce the number of rickshaws and define principles for this reduction.
	7. Specify terms for granting and renewing rickshaw licenses.
	8. Set fees for granting or renewing licenses.
	9. Define the size, design, and conditions for rickshaw licenses.
	10. Establish physical fitness standards and age limits for rickshaw pullers.
	11. Set fees for medical examinations of rickshaw pullers.
	12. Designate authority for appeals against decisions regarding licenses.
	13. Require disinfection of rickshaws.
	14. Impose penalties for violations by rickshaw owners or pullers.
	15. Set maximum load or passenger limits for rickshaws.
	16. Specify offenses for non-compliance with regulations and relevant Magistrates for prosecution.
	17. Include supplementary provisions such as seizure of rickshaws for violations.
Regulatory Process	- Regulations must be made after previous publication to ensure transparency.
Definition of Rickshaw	- Rickshaw refers to cycle-rickshaws or similar vehicles drawn by human force, but excludes:
	- Perambulators.
	- Vehicles for transporting invalid persons.
	- Certain wheeled vehicles for goods as may be prescribed.
Definition of Puller	- A "puller" is defined as an individual who primarily drives a rickshaw for a living.
Legislative Oversight	- Regulations must be laid before the State Legislature for 14 days and may be modified or annulled by the House.
	- Any modifications do not affect the validity of actions taken under the regulations prior to the changes.

Section 339

Power of Municipality to Make Rules

Aspect	Details
Authority	- Every Municipality to make rules
Consistency	- Must be consistent with this Act and State rules
Key Areas of Rule Making
(a) Taxes	- Imposition, levy, assessment, collection under [[# Section 103]]
(b) Fees and Fines	- Imposition, levy, collection under [[# Section 105]]
(c) Building Regulations	- Regulating construction of all types of buildings
(d) Waste Management	- Management of solid and bio-medical waste
(e) Staffing	- Staff employment, designations, duties, salaries
(f) Guidance	- Guidance for municipal officers and servants
(g) Security	- Amount and nature of security for officers
(h) Personnel Management	- Conditions for appointing, transferring, punishing, dismissing officers
(i) Leave Regulations	- Granting leave, remuneration for substitutes
(j) Pension/Provident Fund	- Contributions to pension/provident funds
State Government Consent	- Cannot dispense service of certain transferred officers without assent
Service Conditions	- Rules must comply with provisions of Act

Section 340

Power of Municipality to Make Bye-Laws

Aspect	Details
Authority	- Every Municipality may make bye-laws
Consistency	- Must be consistent with this Act and rules
Key Areas of Bye-Law Making
(a) Payments	- Regulate payments from municipal fund
(b) User Charges	- Imposition, levy, collection under [[# Section 104]]
(c) Utility Maps	- Form and maintenance of maps of underground utilities
(d) Temporary Structures	- Permission for temporary booths or structures
(e) Construction Precautions	- Terms for precautions during construction/repair
(f) Building Regulations	- Regulate erection of all types of buildings
(g) Plumber Licenses	- Technical qualifications for plumbers
(h) Building Projections	- Regulate projections under [[# Section 192]]
(i) Market Regulations	- Inspection of markets, public places, slaughterhouses
(j) Licensing Conditions	- Conditions for granting licenses for various uses
(k) Animal Control	- Regulate stabling/herding of animals
(l) Dairy Regulations	- Inspection of milk cattle, cleanliness of dairies
(m) Vital Registration	- Registration of births, deaths, marriages, census
(n) Dead Disposal	- Regulate disposal of dead and carcasses
(o) Disease Reporting	- Enforce reporting of dangerous diseases
(p) Tax Information	- Gather information for tax liabilities
(q) Public Bathing	- Regulate public bathing/washing places
(r) Sanitation	- Regulate sanitation and conservancy
(s) Homeless Housing	- Conditions for constructing homeless housing
(t) Temporary Occupation	- Permission for temporary occupation on public streets
(u) Building Safety	- Structure requirements for stability/fire safety
(v) Grain Shops	- Regulations for grain shops and stores
(w) Street Planning	- Erection of buildings with street provisions
(x) Ventilation	- Adequate ventilation provisions for buildings
(y) Drainage Regulations	- Control of drains, sewers, latrines
(z) Local Construction Norms	- Norms for construction as per local needs
(za) Vehicle Regulations	- Transit regulations for vehicles on streets
(zb) Public Spaces	- Protection of parks/gardens; public behavior
(zc) Traffic Management	- Regulate/prohibit street traffic and noise
(zd) Vehicle Licensing	- Licensing for vehicles/animals for hire
(ze) Hiring Rates	- Limit rates for hire of conveyances/animals
(zf) Public Amusement	- Licensing and regulation of amusement places
(zg) Advertisement Regulations	- Posting of bills, sign-post specifications
(zh) Hand-Cart Regulations	- Licensing for hand-carts; conditions for use
(zi) Municipal Administration	- General regulations for municipal administration
Fines	- Prescribe fines for bye-law infringements
Drafting Process	- Publish draft bye-laws; consider objections/suggestions

Section 341

Rules and Bye-Laws Accessibility

Aspect	Details
Public Access	- Rules and bye-laws must be publicly accessible
Inspection	- Kept open for inspection at municipal office
Printed Copies	- Available for sale at cost price
Electronic Format	- Available online on Municipality’s website

CHAPTER XVII Miscellaneous

Section 342

Offences by Companies

Aspect	Details
Responsibility	- Offences by a company implicate responsible persons
Key Persons	- Includes directors, managers, secretaries, officers
Guilt Attribution	- Company and responsible person deemed guilty
Liability	- Both subject to prosecution and punishment
Defense	- Person can prove:
	- Offence was without knowledge
	- Exercised due diligence to prevent offence
Negligence Clause	- If offence due to consent, connivance, or neglect,
	- Directors, managers, officers also guilty
Definitions	- "Company": Body corporate, includes firms
	- "Director": Partner in a firm

Section 343

Power to Remove Difficulties

Aspect	Details
Authority	- State Government can act to resolve difficulties
Time Frame	- Must act within two years from commencement of Act
Actions Permitted	- Order to do anything not inconsistent with Act's objectives
Purpose	- Necessary or expedient to remove difficulties

Section 344

Repeal and Savings

Aspect	Details
Repeal	- Rajasthan Municipalities Act, 1959 repealed
Effective Date	- Commencement of this Act
Provisions	Details
Without Prejudice	- Subject to Rajasthan General Clauses Act, 1955
Impact of Repeal	- Does not affect validity of actions under repealed Act
	- Validity of actions taken remains intact
	- Actions under repealed Act are preserved
Municipal Authorities	Details
Continuity	- Existing Municipal Corporations/Councils deemed established under this Act
	- All existing authorities retained post-repeal
Actions and Orders	- All actions, appointments, rules, orders, bye-laws,
	- Notifications, taxes, contracts remain valid
	- Must be consistent with provisions of this Act

Schedules

The First Schedule

Aspect	Details
Purpose	Notice for imposition of tax
Municipality Name	[Name of the Municipality]
Tax Types	Tax, Toll, Cess
Objection Procedure	- One month to object
	- Send written objections to Municipality

The Second Schedule

Aspect	Details
Purpose	Notice of property transfer by instrument
Recipient	Chairperson/Chief Municipal Officer
Section	[[# Section 116]]
Notice Components	- Date of notice
	- Date of instrument
	- Vendor/Assigner Name
	- Purchaser/Assignee Name
	- Property Description
	- Land Dimensions
	- Boundaries
	- Date of registration (if applicable)
	- Remarks
	- Amount of consideration
	- Property Situation
	- Property Number/Name

The Third Schedule

Aspect	Details
Purpose	Notice of property transfer (not by instrument)
Recipient	Chairperson/Chief Municipal Officer
Notice Components	- Date of notice
	- Current owner (in municipal registers)
	- New owner (to be transferred)
	- Property Description
	- Boundaries
	- Remarks
	- Property Contents
	- Property Situation
	- Land Dimensions
	- Property Number/Name

The Fourth Schedule

Aspect	Details
Purpose	Notice of demand for tax payment
Recipient	Individual (e.g., A.B.)
Demand Details	- Amount due
	- Property subject to tax
	- Rule number for tax
	- Tax period (start and end dates)
	- Consequences of non-payment (15 days)

The Fifth Schedule

Aspect	Details
Purpose	Warrant for property attachment
Recipient	Officer executing warrant
Command Details	- Name of debtor (A.B.)
	- Amount due
	- Tax period (start and end dates)
	- Command for attachment of property
	- Certification requirement
	- Signature of Chief Municipal Officer

The Sixth Schedule

Aspect	Details
Purpose	Inventory and notice of attached property
Recipient	Individual (e.g., A.B.)
Notice Components	- Amount due for tax
	- Tax period (start and end dates)
	- Costs of recovery
	- Deadline for payment (5 days)
	- Signature of officer executing warrant
	- Inventory of attached property

Rajasthan Municipalities (Amendment) Act, 2021

Key Changes:

1. Inclusion of Persons with Disabilities

• Section 6:
  • Mandates 1 nominated member with a disability per municipality.

2. Revised Definition of Children for Election Eligibility

• Section 24 Explanation:
  • Context: Disqualification under clause (xvii) (more than two children).

Criteria	Clarification
Multiple births	Counted as 1 entity
Adopted children	Included in total count
Child with disability	Excluded from total count
Disability Definition	Based on Rights of Persons with Disabilities Act, 2016

Additional Context

• Year: 2021 Amendment
• Date: Governor’s assent on April 6, 2021

Short Notes: Rajasthan Municipalities (Amendment) Act, 2022

Key Change

• New Section 331:
  • Consultation with State Public Service Commission (SPSC).

Provisions of Section 331

Provision	Details
Mandatory Consultation	SPSC must be consulted for:
	- Direct Recruitment: Appointments to services.
	- Disciplinary Matters: Actions against service members.
Advisory Role	SPSC provides advice on matters referred under sub-section (1).
Examinations	SPSC conducts exams for service appointments or grades.
Reporting	SPSC to include service-related work in annual report (Article 320, Constitution).
Urgent Appointments	State Government can engage other agencies for urgent exam needs (bypasses sub-section 3).
Definition of "Service"	Refers to Rajasthan Municipal Administrative Service and Rajasthan Municipal Technical Service.

Objective

• Enhances transparency and meritocracy.
• Adds oversight and expertise to recruitment and disciplinary processes.

Effective Date

• passed by assembly on 23 March, 2022