Rajasthan

Appearance

Rajasthan Municipality (Conduct of Business) Rules, 2009 ​

Rule 1: Short Title & Commencement ​

  • Rajasthan Municipality (Conduct of Business) Rules, 2009.
  • Effective from Gazette publication.

Rule 2: Definitions ​

  • "Act" refers to [[ACT notes| Rajasthan Municipality Act, 2009]].
  • "Meeting" as per [[ACT notes#Section 51| Section 51]] of the Act.
  • "Proposal" includes any amendment proposed by a member.
  • "Municipality" includes Corporation, Council, or Board.
  • "Presiding Officer" refers to Chairperson, Vice-Chairperson, or a chosen member in their absence.

Rule 3: Municipality Meetings ​

  • Ordinary Meetings: At least one every 60 days, minimum 6 meetings annually.
  • Special Meetings: Called by Chairperson as needed, or on request by 1/3rd members (within 7 days).
  • Failure to Call Meeting: CEO to convene within 10 days post 7-day limit.
  • Venue: Usually held in municipality office.
  • Chairing: Presided by the Presiding Officer.
  • Open to Public: Generally open; CEO can restrict attendance for specific sessions or parts.

Rule 4: Notice of Meetings ​

  • Ordinary Meeting: Notice with details (venue, date, time, agenda) at least 6 days prior.
  • Urgent Meetings: Chairperson can call with minimum 48-hour notice.
  • Special Meetings: CEO can call under [ACT notes#Section 51| Section 51] or (8) with minimum 48-hour notice.
  • Authority for Notice: Notices signed by CEO or authorized officer.
  • Delivery of Notice: Sent to members' residence or workplace via post or other appropriate means.

Rule 5: Agenda for Meetings ​

  • Prepared by the Chief Municipal Officer (CMO).
  • Includes topics deemed necessary by CMO or specified by Chairperson.
  • Member proposals included with Chairperson's approval.
  • Chairperson can reject proposals violating the Act or rules with written reasons (decision final).
  • Exception: Cannot reject proposals under [ACT notes#Section 51| Section 51] of the Act.

Rule 6: Questions by Members ​

  • Members may ask questions related to municipal administration.
  • Written answers provided within 7 days by Chairperson; oral answers given in the next meeting if delayed.

Rule 7: Quorum for Meetings ​

  • At least 1/3rd of total members required for quorum.

Rule 8: Adjournment for Lack of Quorum ​

  • If quorum not met within 1 hour of scheduled time, meeting adjourned unless majority agrees to wait another hour.
  • Presiding Officer to announce new date and time for adjourned meeting.

Rule 9: Decision Making ​

  • Resolutions decided by a majority vote of members present.
  • In case of a tie, Presiding Officer casts deciding vote.

Rule 10: Procedure for Putting a Proposal to Vote ​

  • Presiding Officer requests members to raise hands for or against the proposal.
  • Counts votes and announces results.
  • Proceedings include:
    • Names of members voting for and against the proposal.

Rule 11: Minutes of Meetings ​

  • Written in Hindi (Devanagari script) under CMO supervision within 3 days of meeting.
  • Minutes include key facts and decisions consistent with:
    • Legal provisions.
    • Government directions/orders/instructions.
  • CMO duty:
    • Ensure legality of decisions.
    • Record advisory compliance.
  • Distribution of Minutes:
    • Copies to all members, Director/Deputy Director of Local Bodies, Regional Officer, and relevant authorities (District Collector (Board) or Divisional Commissioner (Council & Corporation)).
  • If Decision Conflicts with Advice:
    • CMO records objections and sends to the state government for further instructions.

Rule 12: Speaking Conduct and Restrictions ​

  • Prohibited Comments:
    • On matters sub judice (unless permitted under the Act).
    • Personal allegations against members/persons.
    • Derogatory remarks about proceedings of Parliament, State Legislature, or other municipalities.
    • Use of defamatory language.
  • Restrictions:
    • No disruption of municipal work through speaking rights.
    • Members cannot speak more than once on a proposal (except proposer).
  • Authority of Presiding Officer:
    • Directs exclusion of non-compliant speeches from records.
    • Can restrict members from participating for disrupting proceedings.

Rule 13: Duration of Speeches ​

  • Presiding Officer regulates speech duration at their discretion.

Rule 14: Pecuniary Interest in Discussions ​

  • Prohibition:
    • Members or Chairperson cannot vote or participate in discussions where they have direct/indirect financial interest.
    • Exception: Applies only beyond general public impact.
  • Presiding Officer’s Authority:
    • Can prohibit such members from voting/participating.

Rule 15: Order of Day’s Business ​

  • Agenda items generally followed in order.

Rule 16: Matters Outside Agenda ​

  • Discussion Allowed: Only with Presiding Officer’s permission.
  • Exception for Urgency:
    • If Presiding Officer deems an unlisted proposal/work urgent in public interest, it can be considered.
    • Requires 3/4th consent of voting members present.
  • Suspension of Meeting:
    • Presiding Officer can suspend meeting to a later date/time if needed for order or proceedings.

Rule 18: Maintaining Order ​

  • Presiding Officer responsible for maintaining order during meetings.
  • Has full authority, including seeking assistance from police.

Rule 19: Calling Experts ​

  • Presiding Officer can invite government technical, legal, or other experts and local officials for advice.

Rule 20: Compliance with State Government Directions ​

  • Chairperson must convene meetings as directed by the state government or its authorized officer.
  • Include specified matters in the agenda as per government instructions.

Rule 21: Custody of Proceedings and Records ​

  • Chief Municipal Officer (CMO) responsible for safekeeping of municipal proceedings and records.

Rule 22: Repeal and Continuity ​

  • Repealed Rules: Rajasthan Municipality (Conduct of Business) Rules, 1974.
  • Continuity Clause: Meetings and decisions under the repealed rules remain valid if consistent with the new rules.