RAJASTHAN MUNICIPALITIES ACT, 2009

RAJASTHAN MUNICIPALITIES ACT, 2009

Preamble - RAJASTHAN MUNICIPALITIES ACT, 2009

RAJASTHAN MUNICIPALITIES ACT 2009[1]

[Act No. 18 of 2009]

[11th September, 2009]

PREAMBLE

Be it enacted by the Rajasthan State Legislature in the Sixtieth Year of the Republic of India, as follows:--

Section 1 - Short title, extent and commencement

(1)     This Act may be called The Rajasthan Municipalities Act, 2009.

(2)     It extends to the whole of the State of Rajasthan, excluding cantonment areas therein.

(3)     It shall come into force on such date[2] as the State Government may, by notification in the Official Gazette, appoint.

Section 2 - Definitions

In this Act, unless the context otherwise requires,-

(i)       ?Auditor? means the auditor defined in the Rajasthan Local Funds Audit Act, 1954 (Act No. 28 of 1954);

(ii)      ?Backward Classes? mean such backward classes of citizens, other than the Scheduled Castes and the Scheduled Tribes, as may be notified by the State Government from time to time;

(iii)     ?balance sheet? means the balance sheet prepared under Section 92;

(iv)    ?bio-medical waste? means any waste that is generated during the diagnosis, treatment or immunization of human beings or animals, or in research activities pertaining thereto, or in the production or testing of biological materials and includes:-

(a)      human anatomical waste;

(b)      animal waste;

(c)      microbiological and biotechnological wastes;

(d)      waste sharps;

(e)      discarded medicines and cyto-toxic drugs;

(f)       solid waste;

(g)      liquid waste;

(h)     incineration ash; and

(i)       chemical waste.

(v)      ?bridge? includes a culvert;

(vi)    ?budget estimate? means the budget estimate prepared under Section 87; (vii) ?budget grant? means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Municipality, and includes any sum by which such budget grant is increased or

(vii)   ?builder? or ?developer? means an agency or individual who has constructed a complex on his own land or on others land under an agreement;

(viii)  ?building? means a structure constructed for whatever purpose and of whatever materials, and includes the foundation, plinth, walls, floors, roofs, chimneys, fixed platforms, verandas, balconies cornices or projections or part of a building or anything affixed thereto or any wall (other than a Boundary wall of less than three meters in height) enclosing, or intended to enclose, any land, sign or outdoor display structure but does not include a tent, shamiana or tarpaulin shelter;

(ix)    ?building site? means a portion of the land held for building purpose;

(x)      ?bye-laws? mean the bye-laws made under this Act;

(xi)    ?Chairperson' means:-

(a)      Chairman, in case of a Municipal Board;

(b)      President, in case of a Municipal Council; and

(c)      Mayor, in case of a Municipal Corporation;

(xii)   ?Chief Municipal Officer? means:-

(a)      the Chief Executive Officer-cum-Commissioner, in case of a Municipal Corporation;

(b)      the Commissioner, in case of a Municipal Council; and

(c)      the Executive Officer, in case of a Municipal Board;

(xiii)  ?clear days? used with reference to the period of notice under any provision of this Act, includes Sundays and other holidays, but does not include the date of receipt of such notice by the person to whom it is addressed or the date specified in the notice;

(xiv)  ?complex? means a building comprising twenty five or more units, in case of commercial use; and ten or more units, in case of residential use;

(xv)   ?corporator? means a member of a Municipal Corporation;

(xvi)  ?councillor? means a member of a Municipal Council;

(xvii) ?dairy? includes any farm, cattle shed, cow-house, milk-store, milk-shop or other place:-

(a)      from which milk is supplied on, or for sale, or

(b)      in which milk is kept for the purposes of sale or which is used for manufacture or preparation for sale of:-

(i)       butter, or

(ii)      ghee, or

(iii)     cheese, or

(iv)    curds, or

(v)      dried, sterilized, condensed or toned milk; but does not include:--

(i)       a shop or other place in which milk is sold for consumption within its premises only, or

(ii)      a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place;

(xviii)   ?dangerous disease? means:-

(a)      cholera, plague, small-pox, cerebrospinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis, or syphilis; or

(b)      any other epidemic, endemic, or infectious disease which the State Government may, by notification, declare to be a dangerous disease for the purposes of this Act;

(xix)  ?deficit in parking space? means the deficits in the provision for parking spaces required under bye-laws made in this behalf for different types of vehicles in any non-residential buildings, including complexes and institutional buildings whether constructed unauthorized or by change of land use;

(xx)   ?Director of Local Bodies? mean an officer appointed as such by the State Government, or any other officer of the State Government, designated as Commissioner or any other designation, authorized by it to perform the functions of the Director of Local Bodies under this Act;

(xxi)  ?disposal? means final disposal of municipal solid wastes in terms of the specified measures to prevent contamination of ground water, surface water and ambient air quality;

(xxii) ?District Magistrate? means the person appointed under section 20 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) to be the District Magistrate;

(xxiii)   ?drain? includes a Sewer, pipe, ditch, channel or any other device for carrying spillage, sewage and polluted water, rainwater or sub-soil water together with pail depots, traps, sinks, cisterns, flush tanks, and other fittings appertaining thereto;

(xxiv)   ?Executive Committee? means the Executive Committee referred to in section 55;

(xxv)?Finance commission? means the Finance Commission constituted under Article 243-I of the Constitution of India;

(xxvi)   ?financial statement? means the financial statement prepared under section 92;

(xxvii)  ?fire brigade? means the fire fighting force established and maintained by the Municipality under Section 256;

(xxviii) ?fire fighting property? includes:-

(a)      lands and buildings used as fire stations,

(b)      fire engines, equipments, tools, hydrator, implements and things whatsoever used for fire fighting,

(c)      motor vehicles and other means of transport used in connection with fire fighting,

(d)      uniforms and badges of rank;

(xxix)   ?fire station? means any post or place declared generally or specially, by the State Government to be fire station;

(xxx)?hazardous wastes? mean the categories of wastes specified as such in the Environment (Protection) Act, 1986 (Central Act No. 29 of 1986);

(xxxi)   ?inhabitant? used with reference to a local area, means any person ordinarily residing or carrying on business or owning or occupying immovable property therein;

(xxxii)  ?land? includes land, which is built upon or covered with water;

(xxxiii) ?latest census figures? mean the figures as ascertained at the last preceding census of which the relevant figures have been published;

(xxxiv) ?lodging house? includes a collection of buildings, or a building, or part of a building used for the accommodation of pilgrims and travellers;

(xxxv)  ?member? means any person who is lawfully a member of a Municipality and includes, in case of a Municipal Corporation, a corporator, in case of a Municipal Council, a councilor and in case of a Municipal Board, a member;

(xxxvi) ?milk? includes cream, skimmed milk, separated milk and condensed, sterilized/desiccated or toned milk;

(xxxvii)               ?municipal accounting manual? means the municipal accounting manual prepared and maintained under Section 91;

(xxxviii)              ?municipal area? means the territorial area of a Municipality as notified by the State Government from time to time;

(xxxix) ?municipal fund? means the municipal fund referred to in Section 79;

(xl)    ?municipal solid waste?, includes commercial and residential waste generated in a municipal area in either solid or semi-solid form, excluding industrial hazardous waste, but including treated bio-medical waste;

(xli)   ?Municipality? means a Municipal Corporation, Municipal Council, and a Municipal Board in existence at the time of commencement, or constituted in accordance with the provisions of this Act;

(xlii)  ?No Objection Certificate? means the document issued by the authority entitled to do so by this Act or rules made thereunder and shall include a provisional No Objection Certificate;

(xliii) ?nuisance? includes any act, omission, place or thing which causes, or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is, or may be, dangerous to life or injurious to health or property;

(xliv) ?occupier? includes any person for the time being paying, or liable to pay, to the owner the rent or any portion of the rent of the land or the building in respect of which the word is used or for damages on account of the occupation of such land or building, and also includes a rent free tenant:

Provided that an owner living in, or otherwise using his own land or building shall be deemed to be the occupier thereof;

(xlv)  ?offensive matter? means kitchen refuse, stable refuse, dung, dirt, putrid or putrefying substance, or filth of any kind, which is not included in sewage;

(xlvi) ?officer of the Municipality? means a person holding for the time being an office created or continued by or under this Act but shall not include a member of the Municipality or of a committee as such;

(xlvii)   ?other agency? means a company, firm, society, or body corporate in the private sector, or any institution, or government agency, or any joint sector agency, or any agency under any other law for the time being in force;

(xlviii)  ?owner? includes the person for the time being receiving the rent of any land or building or of any part of any land or building, whether on his own account or as an agent or trustee for any person or society or for any religious or charitable purpose or as a receiver who would receive such rent if the land or the building or of any part of the land or the building were let to a tenant;

(xlix) ?population?, used with reference to any local area, means the population as ascertained at the last preceding census of which the relevant figures have been published;

(l)       ?prescribed ? means prescribed by this Act or by rules, orders or bye-laws made thereunder;

(li)      ?public place? means a space, not being private property, which is open to the use or enjoyment of the public, whether such space is vestedin the Municipality or not;

(lii)     ?public securities ? mean:-

(a)      securities of the Government of Rajasthan or of the Central or any State Government in India; and

(b)      a security expressly authorized by any order which the State Government makes in this behalf;

(liii)   ?public street? means any street:-

(a)      over which the public have a right of way, or

(b)      which has heretofore been levelled, paved, metal led, channelled, sewered or repaired out of municipal fund, State Government fund, Central Government fund or other public funds, or

(c)      which, under any provision of this Act, becomes a public street;

(liv)   ?rubbish? means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not offensive matter;

(lv)    ?rules? means a rule made in exercise of a power conferred by this Act;

(lvi)   ?Scheduled Castes? means any of the castes specified in the Constitution (Scheduled Castes) Order, 1950;

(lvii)  ?Scheduled Tribes? means any of the tribes specified in the Constitution (Scheduled Tribes) Order, 1950;

(lviii) ?sewage? means night-soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds;

(lix)   ?State ? means the State of Rajasthan as formed by Section 10 of the State Reorganisation Act, 1956 (Central Act No. 37 of 1956);

(lx)    ?State Finance Commission? means the Rajasthan State Finance Commission, as constituted by the Governor of Rajasthan in exercise of the powers conferred on him by Article 243-I, read with Article 243Y, of the Constitution of India;

(lxi)   ?street? means any road, bridge, foot-way, lane, square, court, alley or passage accessible, whether permanently or temporarily to the public, whether a thoroughfare or not, and includes on either side:--

(a)      the drain or gutters and the land up to the defined boundary, notwithstanding the projection over such land of any verandah or other super-structure;

(b)      every space, notwithstanding that it may be private property or partly or wholly obstructed by any gate, post, chain or other barrier, if it is used by any person, whether or not occupying any abutting property, as a means of access to or from any public place or thoroughfare;

(lxii)  ?sub-division? means division of a parcel or piece of land into two or more parts;

(lxiii) ?tax? includes any toll, rate, cess, fee or other impost leviable under this Act;

(lxiv) ?a transitional area?, ?a smaller urban area? or ?a larger urban area? means an area specified under Article 243Q of the Constitution of India;

(lxv)  ?urban land? means any land vested in, or placed at the disposal of, any local authority under any law for the time being in force for the purpose of urban development;

(lxvi) ?vehicle? includes a bicycle, a tricycle, an auto-motor car and every wheeled conveyance, which is used or is capable of being used on a public street;

(lxvii)   ?Vice-Chairperson? means:--

(a)      Vice-Chairman, in case of a Municipal Board,

(b)      Vice-President, in case of a Municipal Council, and

(c)      Deputy Mayor, in case of a Municipal Corporation;

(lxviii)  ?village ? means a village specified under clause (g) of Article 243 of the Constitution of India;

(lxix) ?ward? means a ward formed under Section 9;

(lxx)  ?Ward Committee? means the Ward Committee referred to in section 54;

(lxxi) ?waste management? includes collection, segregation, storage, transportation, processing and disposal of municipal solid waste; and

(lxxii)   ?whole number ? or ?total number? when used with reference to the members of a Municipality, means the total number of members, excluding the members nominated under Sub-clause (ii) of Clause (a) of sub-Section (1) of Section 6, holding office at the time.

Section 3 - Delimitation of Municipalities

(1)     The State Government may, by notification published in the Official Gazette, declare any local area not included within the limits of a Municipality to be a Municipality, or include any such area in a Municipality, or exclude any local area from a Municipality, or otherwise alter the limits of any Municipality and when:-

(a)      any local area is declared as, or included in, a Municipality, or

(b)      any local area is excluded from a Municipality, or

(c)      the limits of a Municipality are otherwise altered, by amalgamation of one Municipality into another or by splitting up a Municipality into two or more Municipalities, or

(d)      any local area ceases to be a Municipality, the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette provide:-

(i)       in a case falling under Clause (a), that the election of the members for the area or the additional area shall be held within a period of six months from the appointed day;

(ii)      in a case falling under Clause (b), that the members who in the opinion of the State Government represent the area excluded from the Municipality shall be removed;

(iii)     in a case falling under Clause (c), that until the term of the Municipality in which another Municipality is amalgamated expires under this Act, the Chairperson, Vice-Chairperson and members of such another Municipality shall be deemed to be the members of the Municipality in which such another Municipality is amalgamated and where a Municipality is split into two or more Municipalities, that the members representing the area included in the newly constituted Municipality shall be deemed to be the members of such new Municipality and such new Municipality shall continue, unless dissolved sooner, until original Municipality would have continued;

(iv)    in a case falling under Clause (d), that the Municipality shall be dissolved.

Explanation.-- In this sub-section, ?appointed day? means the day from which a change referred to in any of the Clauses (a) to (d) takes effect.

(2)     It shall be the duty of every Municipality already existing and of every Municipality newly established under this Act and of every Municipality whose local limits are altered as aforesaid to cause at its own cost, to be erected or set up, and thereafter to maintain, substantial boundary marks of such description and in such positions as shall be approved by the Collector or any officer authorized by him in this behalf/defining the limits or altered limits of the Municipality subject to its authority, as set forth in the notification.

(3)     When any local area ceases to be a Municipality, the Municipality established therein shall cease to exist, and the balance of the municipal fund and other property and rights vesting in such Municipality shall, subject to all charges and liabilities affecting the same, vest in the State Government and the proceeds thereof, if any, shall be expended under the orders of the State Government for the benefit of the local area in which such Municipality had jurisdiction.

(4)     Notwithstanding anything contained in Sub-section (3), when any local area ceases to be a Municipality and is included within the local limits of the jurisdiction of some other local authority, the municipal fund and other property and rights vesting in the Municipality shall vest in such other local authority and the liabilities of the Municipality shall be the liabilities of such other local authority.

(5)     When any local area is excluded from a Municipality and included in another Municipality, such portion of the municipal fund and other property vested in the first mentioned Municipality shall vest in, and such portion of the liabilities thereof shall be the liabilities of, the other Municipality as the State Government may, after consulting both Municipalities, declare by notification in the Official Gazette:

Provided that the provisions of this sub-section shall not apply in any case where the circumstances, in the opinion of the State Government, render undesirable the transfer of any portion of the municipal fund and properties or liabilities.

(6)     When a dwelling house, manufactory, warehouse, or place of Industry or business is situated within the limits of two or more adjacent municipal areas, the State Government may, notwithstanding anything contained elsewhere in this Act, by notification in the Official Gazette, declare the municipal area within which such dwelling house, manufactory/Warehouse, or place of industry or business shall be deemed to be included for the purposes of this Act.

(7)     When any local area is included in a Municipality, all rules and bye-laws made, orders, direction, notifications and notices issued and powers conferred and in force throughout such Municipality at the time when the said area is so included, shall apply thereto, unless the State Government otherwise directs, from the date of such inclusion.

(8)     When an area comprised in a village is specified as, or when any area is excluded from the village and included in, a municipal area, then with effect from the date on which such area is so specified or is so included, the following consequences shall ensue, namely:--

(a)      such area shall cease to be a village;

(b)      the Municipality in which such area is included or the Municipality declared for such area shall exercise jurisdiction over such area and the panchayat established for such area shall cease to function therein;

(c)      until elections are held under Sub-section (1) or the term of the Municipality expires under this Act, whichever is earlier, the Sarpanch, Up-Sarpanch and the panch or panchas representing the area of the village so included in, or declared as a Municipality shall be deemed to be the additional members of the Municipality in which such area of the village is included or the Chairperson, Vice-Chairperson and the members respectively of the Municipality declared for such area, as the case may be;

(d)      the whole of the assets vesting in, and of the liabilities subsisting against, the panchayat so declared to be a Municipality or in case where only a part or whole of a village is so included in a Municipality, such portion of the said assets and liabilities as the State Government may direct, shall devolve upon the Municipality declared for such area or upon the Municipality in which such area of the village is so included;

(e)      the Municipality so established by the inclusion of any area of a village therein or by the declaration of a village as a Municipality, shall levy or continue to levy such of the taxes as are lawfully imposed under this Act;

(f)       any such area shall cease to be subject to all rules, notifications, orders and bye-laws made under the Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994).

(9)     For the purpose of facilitating the inclusion of any area of a village in a Municipality or of the declaration of any such area as a Municipality, the State Government may, by order in writing, give such directions as may appear to it to be necessary.

(10)   Save as otherwise provided in this section its provisions shall have effect notwithstanding anything contained in this Act or in the Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994) or any other law for the time being in force.

Section 4 - Power to exempt municipal Board from operation of any provisions of the Act unsuited thereto

(1)     The State Government may, by notification, and for reasons to be recorded in writing, exempt any Municipal Board from the operation of any of the provisions of this Act considered unsuited thereto, and, thereupon, the said provisions shall not apply to such Municipal Board until such provisions are applied thereto by notification.

(2)     While a notification under Sub-section (1) remains in force, the State Government may make rules consistent with the provisions of this Act in respect of any matter within the purview of such provisions from operation of which the Municipal Board is exempted.

Section 5 - Establishment and incorporation of Municipality

(1)     In every transitional area, there shall be established a Municipal Board and every such Municipal Board shall be a body corporate by the name of the Municipal Board of the place by reference to which the Municipality is known and shall have perpetual succession and a common seal and may sue or be sued in its corporate name.

(2)     In every smaller urban area, there shall be established a Municipal Council and every such Municipal Council shall be a body corporate by the name of the Municipal Council of the city by reference to which the Municipality is known and shall have perpetual succession and a common seal and may sue and be sued in its corporate name.

(3)     In every larger urban area, there shall be established a Municipal Corporation and every such Municipal Corporation shall be a body corporate by the name of the Municipal Corporation of the city by reference to which the Municipality is known and shall have perpetual succession and a common seal and may sue and be sued in its corporate name:

Provided that a Municipality under this section may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by notification, specify to be an industrial township:

Provided further that having regard to the cultural, historic, tourist or other like importance of an urban area, the State Government may, by notification in the Official Gazette, exclude such area from the Municipality and constitute, or without excluding such area from the Municipality constitute in addition to the Municipality, a development authority to exercise such powers and discharge such functions in the said area as may be prescribed and notwithstanding anything elsewhere in this Act, may, in relation to such area, delegate, by notification in the Official Gazette, such municipal powers, functions and duties to the said authority as it may think appropriate for the proper, rapid and planned development of such area.

Section 6 - Composition of Municipality

(1)     Subject to the provisions contained in the succeeding sub-sections, but save as provided in the following provisions of this sub-section, all seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies known as wards, the number of such seats, not being less than thirteen, being fixed by the State Government from time to time by notification in the Official Gazette:-

(a)      the following shall represent in the Municipal Board, Municipal Council or, as the case may be, Municipal Corporation, viz:-

(i)       the member of the Rajasthan Legislative Assembly representing a constituency which comprises wholly or partly the area, of a Municipality; and

(ii)      three persons or ten percent of the number of elected members of the Municipality, whichever is less, having special knowledge or experience in municipal administration, to be nominated by the State Government by notification in the Official Gazette:

Provided that:--

(i)       the provisions contained in Section 24 and Section 35 shall be applicable to the persons to be nominated or nominated members;

(ii)      the State Government shall have power to withdraw a nominated member at any time;

(iii)     a nominated member shall not have the right to vote in the meetings of a Municipality;

(b)      the member of the House of the People representing a constituency which comprises wholly or partly the area of a Municipal Council or, as the case may be, a Municipal Corporation shall represent on such Council or such corporation:

Provided that the member referred to in Sub-clause (i) of Clause (a) shall have a right to vote in the meetings of a Municipal Board, a Municipal Council or, as the case may be, a Municipal Corporation, and the member referred to in Clause (b) shall have a right to vote in the meetings of a Municipal Council or Municipal Corporation:

Provided further that the members referred to in Sub-clause (i) of Clause (a), and Clause (b) shall not be subject to any disqualification or any other proceedings under the provisions of this Act.

(2)     Upon the completion of each census after the establishment of the Municipality, the number of seats shall be re-determined by the State Government by notification in the Official Gazette on the basis of the population of the municipal area as ascertained at the latest census:

Provided that the determination of seats as aforesaid shall not affect the existing composition of the Municipality until the expiry of its term.

(3)     In so fixing the total number of seats for a Municipality, the State Government shall specify the number respectively of general seats and of seats reserved for women and for members of the Scheduled Castes or for members of the Scheduled Tribes or for both or persons belonging to the Backward Classes as it may in each case determine.

(4)     The number of seats reserved for members of Scheduled Castes or Scheduled Tribes shall, in relation to the total number of seats fixed for a Municipality, bear as nearly as may be, the same proportion as the population of the Scheduled Castes or Scheduled Tribes in the municipal area bears to the total population thereof.

(5)     The percentage of seats reserved for the Backward Classes shall be such as the percentage of the combined population of Scheduled Castes and Scheduled Tribes in relation to the total population in the municipal area falls short of fifty:

Provided that the percentage of seats so reserved for the Backward Classes shall not exceed twenty-one:

Provided further that at least one seat shall be reserved for the Backward Classes in every Municipality where the percentage of the combined population of Scheduled Castes and Scheduled Tribes in relation to the total population in the municipal area does not exceed seventy.

(6)     One half of the seats reserved for the Scheduled Castes, or the Scheduled Tribes or the Backward Classes shall be reserved for the women belonging to such Castes, Tribes or, as the case may be, Classes.

(7)     One half including the number of seats reserved under Sub-section (6) of the total number of seats shall be reserved for women.

(8)     The reservation of seats for Scheduled Castes and Scheduled Tribes and the Backward Classes under Sub-sections (3), (5) and (6) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.

(9)     All the seats fixed for a Municipality, general as well as reserved, shall be filled up by direct election from the wards in the municipal area and such election shall be held in the prescribed manner.

Explanation.--If a fraction forms part of the number of seats computed under this section, the number of seats shall be increased to the next higher number in case the fraction consists of half or more of a seat and the fraction shall be ignored in case it consists of less than half of a seat.

Section 7 - Term of office

(1)     Every Municipality unless sooner dissolved under the provisions of this Act, shall continue for five years from the date appointed for its first meeting and no longer.

(2)     A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under Sub-section (1).

Explanation.-For the purposes of this section, the expression ?first meeting? means the meeting of the elected members of the Municipality held immediately after the general elections,

Section 8 - Municipal government to vest in Municipality

Except as in this Act otherwise expressly provided, the municipal government of a Municipality shall vest in the Municipal Board, Municipal Council, or as the case may be, Municipal Corporation through their Chairpersons, which shall stand charged with the duty of carrying out the provisions of this Act subject to the limitations and restrictions specified therein.

Section 9 - Division into wards

(1)     For purposes of elections, a Municipality shall be divided into such number of wards as is equal to the total number of seats fixed for the Municipality under Sub-section (1) of Section 6.

(2)     The representation of each ward shall be on the basis of the population of that ward and shall, as far as possible, be in the same proportion as the total number of seats for the Municipality bear to its papulation.

Section 10 - Determination of wards

(1)     The State Government shall by order determine:--

(a)      the wards into which each Municipality shall, for the purpose of its elections, be divided;

(b)      the extent of each ward;

(c)      the number of seats, if any, reserved for members of the Scheduled Castes or, as the case may be, Scheduled Tribes and for women members of such castes and tribes and for members of the Backward Classes and women members thereof; and

(d)      the number of wards for women candidates.

(2)     The seats reserved for Scheduled Castes, or, as the case may be, for Scheduled Tribes and for the Backward Classes and for women may be allotted by rotation to different wards in such manner as may be prescribed.

(3)     The State Government shall carry out the determination of the boundaries of the wards and allocation of seats reserved in favour of the Scheduled Castes, Scheduled Tribes, the Backward Classes and women among the wards having regard to the provisions of Section 6 and also to the following provisions, namely:--

(a)      all wards shall, as far as practicable, be geographically compact areas;

(b)      wards which are reserved for the Scheduled Castes or Scheduled Tribes shall be distributed to different parts of the municipal areas where the proportion of the population of such castes pr tribes, as the case may be, is comparatively large; and

(c)      the numbering of wards shall start from the north-west corner of the local area of a/Municipality.

(4)     The draft of the order tinder Sub-section (1) shall be published for filing objections thereto within a period of not less than seven days and a copy of the same shall be sent to the Municipality concerned for comments.

(5)     The State Government shall consider any objection and the comments received under Sub-section (4) and the draft order shall, if necessary, be amended, altered or modified accordingly, and thereupon it shall become final.

Section 11 - Election to the Municipality

(1)     The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipality shall be vested in the State Election Commission.

(2)     An election to constitute a Municipality shall be completed:-

(i)       before the expiry of its duration specified in Section 7;

(ii)      before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.

(3)     For the aforesaid purpose the State Government shall on the recommendation of the State Election Commission call upon all the wards to elect members, in accordance with the provisions of this Act and the rules and orders made thereunder, on such date or dates as may be specified in the notification.

(4)     When a new Municipality is established, it shall, as far as may be, be constituted in accordance with the provisions of this Act relating to general election to a Municipality.

(5)     The State Government shall, when so requested by the State Election Commission, make available to the Commission such staff as may be necessary for discharge of the functions conferred on the State Election Commission by Sub-section (1).

Section 12 - Delegation of functions of State Election Commission

The function of the State Election Commission under this Act or the rules made or orders issued thereunder, may, subject to such general or special directions, if any, as may be given by the State Election Commission in this behalf, be performed also by a Deputy Election Commissioner, if any, or by the Secretary to the State Election Commission.

Section 13 - Electoral Roll for every ward

(1)     For every ward there shall be an electoral roll prepared, revised, modified, updated and published in the prescribed manner by an Electoral Registration Officer who shall be such officer of the State Government or a local authority as the State Election Commission may, in consultation with the State Government, designate or nominate in this behalf.

(2)     The Electoral Registration Officer may, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for each ward.

(3)     The State Election Commission may appoint one or more persons as Assistant Electoral Registration Officers to assist any Electoral Registration Officer in the performance of his functions.

(4)     Every Assistant Electoral Registration Officer shall, subject to the control of the Electoral Registration Officer, be competent to perform all or any of the functions of the Electoral Registration Officer.

(5)     Subject to the provisions of Section 14, every person who:-

(a)      is not less than eighteen years of age on the qualifying date, and

(b)      is ordinarily resident in a ward of the Municipality, shall be entitled to be registered in the electoral roll for that ward.

Explanation:-

(i)       A person shall not be deemed to be ordinarily resident in a ward on the ground only that he owns, or is in possession of, a dwelling house therein.

(ii)      A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein.

(iii)     A person who is a patient in any establishment, maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or any other illness involving long treatment or who is detained in prison or other legal custody at any place or residing in a hostel for study or residing in a hotel etc. as a casual visitor shall not, by reason thereof, be deemed to be ordinary resident therein.

(iv)    If in any case a question arises as to where a person is ordinarily resident at any relevant time, the same shall be determined with reference to all the relevant facts of the case and in accordance with such rules as may be made in this behalf by the State Government.

(v)      A member of Parliament or the State Legislature shall not, during the term of his office, ceased to be ordinarily resident in the ward in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that ward in connection with his duties as such member.

(vi)    ?Qualifying date?, for the purpose of this section, means the first day of January of the year in which electoral roll is so prepared or revised.

(6)     No person shall be entitled to be registered in the electoral roll for more than one ward.

(7)     No person shall be entitled to be registered in an electoral roll more than once.

Section 14 - Disqualifications for registration in an electoral roll

(1)     A person shall be disqualified for registration in the electoral roll for the ward if he:-

(a)      is not a citizen of India; or

(b)      is of unsound mind and stands so declared by a competent Court; or

(c)      is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.

(2)     The name of any person, who becomes so disqualified after registration, shall forthwith be struck off the electoral roll prepared under this Act:

Provided that the name of any person struck off the electoral roll of a ward by reason of a disqualification under Clause (c) of Sub-section (1) shall forthwith be re-entered in that roll, if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal.

Section 15 - Making false declaration

If any person makes in connection with--

(a)      the preparation, revision or correction of an electoral roll, or

(b)      the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall on conviction be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, or with both.

Section 16 - Chief Electoral Officer

(1)     There shall be a Chief Electoral Officer who shall be such officer of the State Government as the State Election Commission may, in consultation with the State Government, designate or nominate in this behalf.

(2)     Subject to the superintendence, direction and control of the State Election Commission?

(a)      the Chief Electoral Officer shall supervise the preparation, revision and correction of all electoral rolls in the State under this Act;

(b)      shall supervise the conduct of all elections in the State under this Act; and

(c)      shall exercise such other powers and functions as the State Election Commission may direct.

Section 17 - District Election Officers

(1)     For each district in the State, the State Election Commission shall, in consultation with the State Government, designate or nominate a District Election Officer who shall be an officer of the State Government:

Provided that the State Election Commission may designate or nominate more than one such officer for a district if the State Election Commission is satisfied that the functions of the office cannot be performed satisfactorily by one officer.

(2)     Where more than one District Election Officers are designated or nominated for a district under the proviso to Sub-section (1), the State Election Commission shall in the order designating or nominating the District Election Officers also specify the area in respect of which each such officer shall exercise jurisdiction.

(3)     Subject to the superintendence, direction and control of the Chief Electoral Officer, the District Election Officer shall co-ordinate and supervise all work in connection with the conduct of elections in the Municipalities of the district within his jurisdiction.

(4)     The District Election Officer shall also perform such other functions as may be entrusted to him by the State Election Commission and the Chief Electoral Officer.

Section 18 - Staff of local authorities etc. to be made available

(1)     Every local authority in the State shall, when so required by the Chief Electoral Officer, make available to any Electoral Registration Officer such Staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls.

(2)     The authorities specified in Sub-section (3) shall, when so required by the Chief Electoral Officer, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election.

(3)     The following shall be the authorities for the purposes of Sub-section (2), namely:--

(i)       every local authority;

(ii)      any other institution, concern or undertaking which is established by or under a State Act or which is controlled or financed wholly or substantially by funds provided directly or indirectly by the State Government.

Section 19 - Officers and staff deemed to be on deputation to the State Election Commission

The officers and staff deployed in connection with the preparation, revision and correction of the electoral rolls and for the conduct of all elections under this Act shall be deemed to be on deputation to the State Election Commission for the period during which they are so deployed and such officers and staff shall, during that period, be subject to the control and superintendence of the State Election Commission.

Section 20 - Breach of official duty in connection with the preparation etc. of electoral rolls

(1)     If any Electoral Registration Officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause guilty of any act or omission in breach of such official duty, he shall on conviction be punishable with imprisonment for a term which shall not be less than three months but which may extend to two years or with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees or with both.

(2)     No suit or other legal proceedings shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.

(3)     No Court shall take cognizance of any offence punishable under Subsection (1) unless there is a complaint made by order of, or under authority from, the State Election Commission or the Chief Electoral Officer or the District Election Officer concerned.

Section 21 - Persons qualified for being members

Subject to the provisions contained in sections 6 and 24 a person shall not be qualified to be chosen to fill a seat on a Municipality unless:-

(a)      in the case of a seat reserved for the Scheduled Castes or Scheduled Tribes or the Backward Classes, such person is a member of any of these Castes or Tribes or Classes, as the case may be, and is an elector for any ward in the Municipality;

(b)      in the case of a seat reserved for a woman, such person belongs to the female sex and is an elector for any ward in the Municipality;

(c)      in the case of a seat reserved for a woman belonging to the Scheduled Castes or Scheduled Tribes or the Backward Classes, such person is a member of any of these castes or tribes or classes, as the case may be, and is an elector for any ward in the Municipality and belongs to the female sex;

(d)      in the case of any other seat, such person is an elector for any ward in the Municipality; and

(e)      he has attained the age of 21 years, in either case whether the seat is reserved or not.

Section 21A - Special qualification for election on certain seats

Notwithstanding anything to the contrary contained in any provision of this Act or of any other law for the time being in force, a person shall not be eligible for election on such seats in a Municipality, as may be determined by the State Government in the prescribed manner, unless he or she is within the age group of twenty one years to thirty five years and is otherwise eligible for election on such seats:

Provided that:--

(i)       not more than two seats each from the seats reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes or women in a Municipality shall be determined under this section;

(ii)      where number of seats reserved in a Municipality for any of the Scheduled Castes, Scheduled Tribes, Backward Classes or women is three or less than three, only one seat from such Castes, Tribes, Classes or, as the case may be, women shall be determined under this section;

(iii)     where number of unreserved seats in a Municipality is five or less than five, only one from such seats shall be determined under this section; and

(iv)    where the number of unreserved seats in a Municipality is more than five, one seat out of each block of fice such seats shall be determined under this section and any fraction of less than five seats shall be ignored.?

Section 22 - Restriction on contesting elections for more than one ward

Notwithstanding anything contained in Section 21, no person shall be entitled, in cases where election to a seat is contested, to contest such election for more than one ward, and every person who may have filed his nomination paper for seats to a Municipality for more than one ward shall withdraw his candidature from all but one of the seats by a notice in writing which shall contain such particulars as may be prescribed and deliver the same before 3 P.M. on the last date fixed for withdrawal:

Provided that if a person fails to withdraw his candidature from all but one seat in the manner specified above, he shall be deemed to have withdrawn his candidature from all seats.

Section 23 - Restrictions on use of vehicles, loud-speakers, etc.

(1)     The State Election Commission may impose reasonable restrictions on the use of vehicles or loudspeakers or on displaying of cut outs, hoardings, posters and banners by any candidate or his duly authorized election agent during the period of election commencing from the date of publication of notification for election to a Municipality and ending on the date on which the whole process of election is completed.

(2)     If any candidate or his duly authorized election agent contravenes any of the restrictions imposed by the State Election Commission under Sub-section (1), he shall, on conviction, be punishable with a fine which may extend to two thousand rupees.

(3)     Every person punished under Sub-section (2) shall, by an order of the State Election Commission, be liable to be disqualified for being chosen as or for being a member of any Municipality for a period which may extend to six years from the date of such order:

Provided that the State Election Commission may by a subsequent order, for reasons to be recorded, remove any disqualification under this section or reduce the period of any such disqualification.

(4)     No Court shall take cognizance of an offence referred to in Sub-section (2) except on the complaint made by an officer authorized in this behalf by any general or special order of the State Election Commission.

Section 24 - General disqualifications for members

A person, notwithstanding that he is otherwise qualified, shall be disqualified, for being chosen as or for being a member of a Municipality:-

(i)       if he has been convicted of an offence involving moral turpitude or of any other offence by a competent Court of law ?and senenced to imprisonment for six months or more, or

(ii)      if he has been convicted of an offence under Section 245 of this Act, or

(iii)     if he is under trial in the competent Court which has taken cognizance of the offence and framed the charges against him of any offence punishable with imprisonment for five years or more, or

(iv)    if he has been convicted of an offence under the Prevention of Food Adulteration Act, 1954 (Central Act No. 37 of 1954), or

(v)      against whom an order has been passed under Section 117 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), in proceedings instituted under Section 110 of the said Code, such order not having been subsequently reversed, or

(vi)    if he has been dismissed or removed from the service of the Central or a State Government or any local authority or any other authority specified under Clause (xi) for misconduct, or

(vii)   if, he having been a professional practitioner, has been debarred from practicing as such by order of any competent authority, or

(viii)  if he holds any place of profit in the gift or disposal of the Municipality, or

(ix)    if he is disqualified under Section 35 or Section 41, or

(x)      if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Rajasthan Legislative Assembly:

Provided that no person shall be disqualified under this clause on the ground that he is less than 25 years of age, if he has attained the age of 21 years, or

(xi)    if he holds a salaried or part-time appointment under the Central or a State Government or a local authority or any other authority, or

(xii)   if he holds a salaried whole time or part time appointment under a university or any corporation, body, enterprise or co-operative society, which is either controlled or wholly or partly financed by the State Government, or

(xiii)  if he is an undischarged insolvent, or

(xiv)  if he has been adjudged by a competent Court to be of unsound mind, or

(xv)   if he, save as hereinafter provided, has directly or indirectly, by himself or any member of his family or his partner, employer or employee, any share or interest in any work done or supply made by the order of such Municipality or in any contract or employment with or under or by or on behalf of such Municipality, or

(xvi)  if he is employed as a paid legal practitioner ?on behalf of such Municipality or contesting as lawyer against the Municipality in any Court of law at the time of filing nomination as candidate for such Municipality or accepts employment as legal practitioner against such Municipality during the term for which he has been elected, or

(xvii) if he has more than two children, or

(xviii)   if he has been in arrear of any municipal dues for more than two years and proceedings for the recovery have been initiated against him under this Act, or

(xix)  if he has been convicted of an offence involving misappropriation or embezzlement of municipal property or fund by a competent Court:

Provided that:--

(a)      the disqualification mentioned in Clause (i) shall cease to operate after the expiry of six years from the date of the release of the disqualified person from imprisonment;

(b)      the disqualification mentioned in Clause (v) shall cease to operate after the expiry of the period for which a person is ordered to furnish security;

(c)      the disqualification mentioned in clause (ix) shall cease to operate after the expiry of the period for which a person is so disqualified unless such disqualification is removed earlier by an order of the State Election Commission;

(d)      a person shall not be deemed to have incurred the disqualification under Clause (xv) by reason of his:-

(i)       having any share or interest in any joint stock company, otherwise than as a managing director or agent which shall contract with or be employed by or on behalf of the Municipality, or

(ii)      having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same, or

(iii)     having a share or interest in any newspapers in which any advertisement relating to the affairs of the Municipality may be inserted, or

(iv)    holding a debenture or being otherwise interested in any loan raised by or on behalf of the Municipality, or

(v)      having a share or interest in the occasional sale of any article in which he regularly trades to the Municipality to a value not exceeding in any official year such amount as the Municipality, with the sanction of the State Government, may fix in this behalf, or

(vi)    having a share or interest in the occasional letting out on hire to the Municipality, or in the hiring from the Municipality, of any article for an amount not exceeding in any official year two thousand rupees or such higher amount not exceeding five thousand rupees as the Municipality, with the sanction of the State Government, may fix in this behalf;

(e)      a person having more than two children shall not be disqualified under Clause (xvii) for so long as the number of children he had on 27th November, 1995 does not increase.

Explanation.-- For the purpose of Clause (xvii) any number of children born out of a single delivery shall be deemed to be one entity and any child given in adoption shall not be excluded while computing the number of children.

Section 25 - Right to vote

(1)     Except as expressly provided by this Act, every one who is for the time being registered in the electoral roll of any ward, shall be entitled to vote in that ward.

(2)     No person shall vote at an election in any ward, if he is subject to any of the disqualifications referred to in Section 14.

(3)     No person shall at any election vote in more than one ward and if a person votes in more than one ward his votes in all the wards shall be void.

(4)     No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been registered in the electoral roll thereof more than once, and, if he does so vote, all his votes shall be void.

(5)     No person shall vote at any election under this Act, if he is confined in a prison whether under a sentence or otherwise or is in the lawful custody of the police:

Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.

Section 26 - Manner of voting at election

(1)     At every election, where a poll is taken, votes shall be given by ballot in such manner as may be prescribed and no votes shall be received by proxy.

(2)     Every elector shall have one vote. If an elector gives votes to more than one candidate then, at the time of counting of the votes, all votes given by him shall be rejected as void.

(3)     Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines, in such manner as may be prescribed, may be adopted in such ward or wards of any Municipality as the State Election Commission may, having regard to the circumstances of each case, specify.

Explanation.- For the purpose of Sub-section (3), 'voting machine' means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used in any election.

Section 27 - Casual vacancy how to be filled

(1)     A casual vacancy in the office of a member occurring otherwise than by efflux of time shall be filled, subject to the provisions of Sub-section (4), at a bye-election which shall be fixed to take place as soon as may be, in the manner as may be prescribed for a general election.

(2)     A member elected at a bye-election shall hold office so long only as the member in whose place he is elected would have been entitled to hold the office, if the vacancy had not occurred.

(3)     When a vacancy occurs by reason of death, resignation or removal of any elected member:--

(a)      against a seat reserved in any ward for a member of the Scheduled Castes or, as the case may be, the Scheduled Tribes or the Backward Classes, such vacancy shall be filled in by a member of such caste or tribe or classes; and

(b)      against a seat reserved in any ward for a woman, such vacancy shall be filled in by a woman.

(4)     Where a vacancy occurs by reason of death, resignation, removal or avoidance of the election of an elected member and the term of office of that member would, in the ordinary course of events, have determined within six months of the occurrence of the vacancy, the State Government may direct that the vacancy be left unfilled until the next general election.

Section 28 - Electoral offences

The provisions of Sections 125, 126, 127, 127A, 128, 129, 130, 131, 132, 132A, 133, 134, 134A, 134B, 135, 135A, 135B, 135C and 136 of the Representation of People Act, 1951 (Central Act No. 43 of 1951) shall have effect as if:--

(a)      references therein to an election were references to an election under this Act,

(b)      references therein to a constituency were references to a ward,

(c)      in Sections 125 and 127, for the expression ?under this Act?, the expression ?under the Rajasthan Municipalities Act, 2009.? and in Sections 134 and 136, for the expression ?by or under this Act?, the expression ?by or under the Rajasthan Municipalities Act, 2009? were substituted, and

(d)      in Sub-section (1) of Section 135B for the words ?House of the people or the Legislative Assembly of a State?, the words ?ward of the Municipality? were substituted.

Section 29 - Corrupt practices

The following shall be deemed to be corrupt practices for the purposes of an election under this Act, namely: -

(i)       bribery, that is to say, any gift, offer or promise by a candidate or his agent or by any other person of any gratification to any person whomsoever with the object, directly or indirectly, of inducing:-

(a)      a person to stand or not to stand as, or to withdraw from being, a candidate or to retire from contest at an election; or

(b)      an elector to vote or refrain from voting at an election; or as a reward to:--

(i)       a person for having so stood or not stood, or for having withdrawn his candidature or having retired from contest; or

(ii)      an elector for having voted or refrained from voting.

Explanation.-- For the purpose of this clause the term ?gratification? is not restricted to pecuniary gratification or gratifications estimable in money, and it includes all forms of entertainment and all forms of employment for reward, but it does not include the payment of any expenses bonafide incurred at, or for the purpose of, any election;

(ii)      Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or his agent or of any other person, with the free exercise of any electoral right:

Provided that--

(a)      without prejudice to the generality of the provisions of this clause any such person as is referred to therein who--

(i)       threatens any candidate, or any elector, or any person in whom a candidate or am elector is interested, with injury of any kind including social ostracism and ex-communication or of expulsion from any caste or community; or

(ii)      induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered as object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;

(b)      a declaration of public policy, or a promise of public action or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause;

(iii)     The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community and language or the use of, or appeal to, religious symbols or the use, or appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate:

Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purpose of this clause;

(iv)    The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate;

(v)      The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

Explanation.-For the purposes of this Clause, ?sati? and ?glorification? in relation to sati shall have the meaning respectively assigned to them in the Commission of Sati (Prevention) Act, 1987 (Central Act No. 3 of 1988);

(vi)    The publication by a candidate or his agent or by any other person of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the candidature or withdrawal or retirement from contest of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election;

(vii)   The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of any elector (other than the candidate himself, any member of his family or his agent), to or from any polling station or place fixed for the poll:

Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint cost for the purpose of conveying him or them to or from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:

Provided further that the use of any public transport vehicle or vessel or any tram car or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place shall not be deemed to be a corrupt practice under this clause.

Explanation,--In this clause the expression ?vehicle? means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise;

(viii)  The incurring or authorizing by a candidate or his agent or by any other person of expenditure in contravention of the provision of any rule or order relating to election made under this Act;

(ix)    The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or by any other person any assistance (other than the giving of vote) for the furtherance of the prospects of the candidate's election from any person in the service of the Government and belonging to any of the following classes, namely:-

(a)      gazetted officers;

(b)      members of the armed forces of the Union;

(c)      Members of the police force;

(d)      Excise officers;

(e)      Revenue officers including Patwaries and like; and

(f)       Such other class of persons in the service of the Government as may be prescribed.

Explanation.--(i) For the purposes of Clause (ix), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent or polling agent or counting agent of that candidate;

(ii) In this section, the expression ?agent? includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate.

Section 30 - Jurisdiction of civil courts in electoral matters

(1)     No civil court shall have jurisdiction to entertain or adjudicate upon any question relating to the delimitation of wards, the allotment of seats to such wards, preparation of electoral rolls or conduct of election.

(2)     No election to any Municipality shall be called in question except by an election petition presented in accordance with the provisions of this Act.

Section 31 - Election petition

(1)     The election of any person as a member of a Municipality may be questioned by an election petition filed within one month from the date of election before the District Judge having territorial jurisdiction over the municipal area on one or more of the following grounds, namely:--

(a)      that on the date of election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act, or

(b)      that any corrupt practice specified in Section 29 has been committed by a returned candidate or his election agent or by any other person, with the consent of a returned candidate or his election agent, or

(c)      that any nomination has been improperly rejected, or

(d)      that the result of the election, in so far as it concerns a returned candidate has been materially affected-

(i)       by the improper acceptance of any nomination, or

(ii)      by any corrupt practice committed in the interest of the returned candidate by a person other than that candidate or his election agent or a person acting with the consent of such candidate or election agent, or

(iii)     by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or

(iv)    by any non-compliance with the provisions of this Act or of any rules or orders made thereunder, or

(e)      that in fact the petitioner or some other candidate received a majority of the valid votes, or

(f)       that, but for the votes obtained by the returned candidate by corrupt practices, the petitioner or some other candidate would have obtained a majority of the valid votes.

(2)     In hearing the election petition, the District Judge shall follow such procedure and exercise such powers as may be prescribed.

Section 32 - Appeals from orders of District Judge

(1)     An appeal shall lie to the High Court from every order made by the District Judge on the petition presented under Section 31.

(2)     The High Court shall, subject to the provisions of this Act and the rules made thereunder, have the same powers, jurisdiction and authority, and follow the same procedure, with respect to an appeal under this section as if the appeal was an appeal from an original decree passed by a civil Court situated within the local limits of its civil appellate jurisdiction.

(3)     Every appeal under this section shall be preferred within a period of thirty days from the date of the order appealed from:

Provided that the High Court may entertain an appeal after the expiry of the ' said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.

(4)     Where an appeal has been preferred against an order declaring the election of all or any of the returned candidates to be void, the High Court may, on sufficient cause being shown, stay operation of the order appealed from and in such a case the order shall be deemed not to have taken effect.

(5)     Every appeal shall be decided as expeditiously as possible and endeavour shall be made to determine it finally within three months from the date on which the memorandum of appeal is presented to the High Court.

Section 33 - Procedure where election of all candidates is set aside

Whenever the election of all the members or of more than two-thirds of the total number of the members of a Municipality is declared to be void under Section 31 or on appeal under Section 32 the State Government shall dissolve the Municipality whereupon the provisions of Section 322, except the provisions of sub-section (1) thereof, shall apply.

Section 34 - Finality of orders and decision

The decision of the High Court on an appeal under Section 32, and, only subject to such decision, the order of the District Judge under Section 31 shall be final and conclusive.

Section 35 - Disqualifications

(1)     The following shall entail disqualifications for membership of a Municipality, namely: -

(a)      electoral offences referred to in Section 28,

(b)      corrupt practices specified in Section 29.

(2)     The period of such disqualification shall be six years from the date of the finding of the District Judge as to such corrupt practice or from the date of conviction for such offence, as the case may be.

Section 36 - Removal or reduction of period of disqualification

The State Election Commission may, for reasons to be recorded in writing, remove any disqualification under Clause (a) of Sub-section (1) of Section 35 or reduce the period of any such disqualification.

Section 37 - Oath of office

(1)     Every member shall, before entering upon his duties as such, make and subscribe before the Collector or his nominee for the purpose an oath or affirmation in the prescribed form.

(2)     Any member who fails to comply with the provisions of Sub-section (1) within a period of one month from the date of the first meeting of the Municipality or in case of a member elected in a bye-election or a nominated member, from the date of his election or, as the case may be, his nomination, shall be deemed to have vacated his seat:

Provided that the period during which such member was in jail as an under trial prisoner or as a detenue or as a political prisoner shall not be taken into account.

Section 38 - Resignation

A member may resign his membership by giving notice in writing to that effect duly attested by an Executive Magistrate to the Chairperson and such resignation shall take effect after the expiry of fifteen days from the date of the notice or from the date of the acceptance of the resignation by the Chairperson, whichever is earlier.

Section 39 - Removal of member

(1)     The State Government may, subject to the provisions of Sub-sections (3) and (4), remove a member of a Municipality on any of the following grounds, namely:--

(a)      that he has absented himself for more than three consecutive general meetings, without leave of the Municipality:

Provided that the period during which such member was in jail as an under trial prisoner or as a detenue or as a political prisoner shall not be taken into account,

(b)      that he has failed to comply with the provisions of Section 37,

(c)      that after his election he has incurred any of the disqualification mentioned in Section 14 or Section 24 or has ceased to fulfill the requirements of section 21,

(d)      that he has?

(i)       deliberately neglected or avoided performance of his duties as a member, or

(ii)      been guilty of misconduct in the discharge of his duties, or

(iii)     been guilty of any disgraceful conduct, or

(iv)    become incapable of performing his duties as a member, or

(v)      been disqualified for being chosen as member under the provisions of this Act, or

(vi)    otherwise abused in any manner his position as such member:

Provided that an order of removal shall be passed by the State Government after such inquiry as it considers necessary to make either itself or through such existing or retired officer not below the rank of State level services or authority as it may direct and after the member concerned has been afforded an opportunity of explanation.

(2)     The power conferred by Sub-section (1) may be exercised by the State Government of its own motion or upon the receipt of a report from the Municipality in that behalf or upon the facts otherwise coming to the knowledge of the State Government:

Provided that, until a member is removed from office by an order of the State Government under this section, he shall not vacate his office and shall, subject to the provisions contained in Sub-section (6), continue to act as, and exercise all the powers and perform all the duties of, a member and shall as such be entitled to all the rights and be subject to all the liabilities, of a member under this Act.

(3)     ?Notwithstanding anything contained in Sub-section (1) where it is proposed to remove a member on any of the grounds specified in Clause (c) or Clause (d) of Sub-section (1), as a result of the inquiry referred to in the proviso to that sub-section and after hearing the explanation of the member concerned, the State Government shall draw up a statement setting out distinctly the charge against the member and shall send the same for enquiry and findings by Judicial Officer of the rank of a District Judge to be appointed by the State Government for the purpose.

(4)     ?The Judicial Officer so appointed shall proceed to inquire into the charge, hear the member concerned, if he makes appearance, record his findings on each matter embodied in the statement as well as on every other matter he considers relevant to the charge and send the record along with such findings to the State Government, which shall thereupon either order for re-inquiry, for reasons to be recorded in writing, or pass final order.

(5)     ?While hearing an inquiry under Sub-section (4), the Judicial Officer shall observe such rules of procedure as may be prescribed by the State Government and shall have the same powers as are vested in a civil Court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit in respect of the following matters, namely:-

(a)      summoning and enforcing the attendance of any person and examining him on oath;

(b)      requiring the discovery and production of any such document or any other material as may be predicable in evidence;

(c)      requisitioning any public record; and

(d)      any other matter which may be prescribed.

(6)     Notwithstanding the foregoing provisions of this section, the State Government may place under suspension a member against whom proceedings have been commenced under this section until the conclusion of the inquiry and the passing of the final order and the member so suspended shall not be entitled to take part in any proceedings of the Municipality or otherwise perform the duties of a member thereof,

(7)     Every final order of the State Government passed under this section shall be published in the Official Gazette and shall be final and no such order shall be liable to be called in question in any Court.

Section 40 - Inquiry into certain allegations after expiry of term of office

(1)     In respect of any allegations of the nature specified in Clause (d) of Sub-section (1) of Section 39 against any member or the Chairperson or Vice-Chairperson of a Municipality, the inquiry referred to in the proviso to the said sub-section, and in Sub-sections (3) and (4) of that section may be initiated against such member, Chairperson or Vice-Chairperson even after the expiry of the term of office of that Municipality or after he has ceased to be such member or Chairperson or Vice-Chairperson or, if already initiated before such expiry may be continued thereafter and in each such case except in the cases covered under Sub-section (3), the State Government shall, by order in writing, only record its findings in conformity with those of the Judicial Officer recorded under Sub-section (4) of Section 39.

(2)     The provisions of Sub-section (6) of Section 39 shall apply to the findings of the State Government so recorded.

(3)     In case of a member, Chairperson or Vice-Chairperson, who is re-elected for the new term of the Municipality and against whom any inquiry referred to in Sub-section (1) is initiated or, if it has already been initiated, is continued, in respect of his previous term in the Municipality, the provisions of Section 39 shall mutatis mutandis apply.

Section 41 - Disability of members removed under Section 39

A member who has been removed under Clause (d) of Sub-section (1) of Section 39 or against whom adverse findings have been recorded under Section 40 shall not be eligible for reelection for a period of six years from the date of the order of his removal or of recording adverse findings as the case may be.

Section 42 - Restriction on simultaneous holding of the office of a member in Municipality and the membership of Parliament or State Legislative Assembly or a Panchayati Raj Institution

No person shall remain both the elected or nominated member of a Municipality and a member of Parliament or State Legislative Assembly or a Panchayati Raj Institution and if a person who is already a member of Parliament or State Legislative Assembly or a Panchayati Raj Institution is elected as a member of a Municipality, then, at the expiration of fourteen days from the date of his being elected or nominated as such member, he shall cease to be such member unless he has previously resigned his seat in the Parliament or the State Legislative Assembly or the Panchayati Raj Institution, as the case may be:

Provided that if a person, who is already an elected or nominated member of a Municipality, is elected as a member of Parliament or the State Legislative Assembly or a Panchayati Raj Institution, then, at the expiration of fourteen days from the date of his being elected as a member of a Parliament or the State Legislative Assembly or a Panchayat Raj Institution, as the case may be, he shall cease to be such member unless he has previously resigned his seat in the Parliament or the State Legislative Assembly or the Panchayati Raj Institution, as the case may be.

Section 43 - Every Municipality to have a Chairperson and a Vice-Chairperson

(1)     There shall be a Mayor for every Municipal Corporation, a President for every Municipal Council and a Chairman for every Municipal Board, who shall be elected in the prescribed manner.

(2)     There shall be a Deputy Mayor for every Municipal Corporation, a Vice-President for a Municipal Council and a Vice-Chairman for every Municipal Board who shall be elected in the prescribed manner.

(3)     The offices of Chairpersons of Municipalities shall be reserved for the Scheduled Castes, Scheduled Tribes and the Backward Classes as also for women in such manner as may be prescribed.

(4)     The State Government shall allocate the offices of Chairpersons reserved under sub-section (3) to different Municipalities in the State and in allocating such offices regard shall be had to the following provisions, namely:-

(i)       Municipalities in which office is reserved for the Scheduled Castes or Scheduled Tribes shall be distributed throughout the State and located as far as practicable in those areas where the proportion of their population to the total population is comparatively large;

(ii)      the Municipalities in which office is reserved for women shall be distributed throughout the State.

(5)     The reservation of the office of the Chairpersons for the members of Scheduled Castes or Scheduled Tribes or the Backward Classes under this section shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.

(6)     Every Chairperson or Vice-Chairperson who, for a period exceeding one month, remains absent from the Municipality so as to be unable to perform his duties as such Chairperson or Vice-Chairperson shall cease to be Chairperson or Vice-Chairperson unless leave so to absent has been granted by the Municipality.

(7)     Leave under sub-section (6) shall not be granted for a period exceeding six months. Whenever leave is granted to a Chairperson and the office of the Vice-Chairperson is vacant the vacancy shall be filled up by election from amongst the members within' such period and in such manner as may be prescribed. When leave is granted to a Vice-Chairperson or when the Vice-Chairperson is acting for the Chairperson, the vacancy in the office of the Vice-Chairperson may be filled up by election of some other member thereto.

(8)     If the Vice-Chairperson of a Municipality is elected as Chairperson of the Municipality, he shall be deemed to have vacated his office as Vice-Chairperson.

(9)     Every Chairperson and every Vice-Chairperson of a Municipality shall forthwith be deemed to have vacated his office, if a resolution expressing want of confidence in him is passed in accordance with the procedure prescribed.

(10)   Every Chairperson and every Vice-Chairperson shall be removable from his office as such Chairperson and Vice-Chairperson on any of the grounds specified in clause (d) of sub-section (1) of section 39, and the provisions of subsections (2) to (6) of that section shall apply.

(11)   The term of office of every Chairperson and every Vice-Chairperson shall, save as otherwise provided in this Act, correspond with the term of the Municipality.

(12)   A Vice-Chairperson may resign his office by giving notice in writing to the Chairperson, and a Chairperson may resign by personally giving a like notice to such officer as may be appointed or authorized by the State Government in this behalf. Every such resignation shall take effect on its acceptance or as the case may be, the expiry of thirty days from the delivery of the notice to the Chairperson or such officer as the case may be whichever is earlier.

(13)   (i) A vacancy in the office of a Chairperson occurring otherwise than efflux of time shall be filled within a period of six months from the occurrence of such vacancy and the person elected to fill up the vacancy shall hold office for the residue of the term for which the Chairperson in whose place he is so elected would have held, if the vacancy had not occurred:

Provided that in case of unavoidable circumstances the State Government may extend the date of such election up-to maximum period of three months beyond the aforesaid period.

(ii) A vacancy in the office of a Vice-Chairperson occurring otherwise than by efflux of time shall be filled in accordance with the provisions of the foregoing sub-sections and the person elected to fill up the vacancy shall hold office for the residue of the term for which the Vice-Chairperson in whose place he is so elected would have held, if the vacancy had not occurred.

(14)   The names of the Chairperson and Vice-Chairperson elected in accordance with the provisions of this section shall be published, as soon as may be, in the Official Gazette.

(15)   The Chairperson of a Municipality may receive out of the municipal fund such monthly allowances and facilities as may be prescribed.

Section 44 - Determination of validity of election of Chairperson or Vice-Chairperson

(1)     The election of a Chairperson or Vice-Chairperson under section 43 shall not be called in question except by an election petition presented to the District Judge having territorial jurisdiction, over the municipal area:

Provided that where an election petition is presented as aforesaid to a District Judge, he may, for the reasons to be recorded in writing, transfer the same for hearing and disposal to a Judge subordinate to him.

Explanation.-- The District Judge or any other Judge to whom an election petition is or transferred and by whom it is heard in accordance with the provisions of this section is hereinafter referred to as the Judge.

(2)     Such petition may be presented by a candidate who has been defeated or whose nomination has been rejected in such manner, on such grounds and within such period as may be prescribed, along with a deposit of one thousand rupees.

(3)     In hearing the petition, the Judge shall follow such procedure and exercise such powers as may be prescribed.

(4)     Without prejudice to the generality of the provision contained in subsection (3), the Judge may, if the petition is found to be frivolous, direct that the deposit mentioned in sub-section (2) shall be forfeited to the State Government.

Section 45 - Core municipal functions

(1)     It shall be the duty of every Municipality to make reasonable provision and proper arrangement for the following matters within the municipal area, namely:--

(a)      public health, sanitation, conservation, solid waste management, drainage and sewerage, cleaning public streets, places and sewers, and all spaces, not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the Municipality or not, removing noxious vegetation and abating all public nuisances;

(b)      removing filth, rubbish, night-soil, odour, or any other noxious or offensive matter from privies, latrines, urinals, cesspools or other common receptacles for such matter in or pertaining to a building or buildings;

(c)      lighting public streets, places and buildings;

(d)      extinguishing fires and protecting life and property when fire occurs;

(e)      regulating offensive or dangerous trades or practices;

(f)       removing obstructions and projections in public streets or places and in spaces, not being private property which are open to the enjoyment of the public, whether such spaces are vested in the Municipality or not;

(g)      securing or removing dangerous buildings or places and reclaiming unhealthy localities;

(h)     acquiring, maintaining, changing and regulating places for the disposal of the dead and of the carcasses of dead animals;

(i)       constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets, slaughter-houses, drains, sewers, drainage-works, sewerage-works, baths, washing places, drinking fountains, tanks, wells, dams and the like;

(j)       constructing public latrines, privies and urinals;

(k)      naming streets and numbering houses;

(l)       registering births and deaths;

(m)    arranging for detention and preservations of such dogs within the Municipality as may be dealt with under section 249 of this Act;

(n)     paying the salary and the contingent expenditure on account of such police officers as may be required by the Municipality for the purposes of this Act or for the protection of any municipal property and providing such accommodation as may be required by the State Government under the law in force relating to police;

(o)      raising volunteer force with such functions and duties in relation to the protection of persons, the security of property and the public safety as may be prescribed;

(p)      making arrangements for preparation of compost manure from night soil and rubbish;

(q)      establishing and maintaining cattle pounds;

(r)      promoting population control, family welfare and small family norms;

(s)      preparing plans for economic development and social justice;

(t)       establishing communication systems including construction and maintenance of roads, footpaths, pedestrian pathways, transportation terminals, both for passengers and goods, bridges, over-bridges, subways, ferries, and inland water transport system;

(u)     preparing transport system accessories including traffic engineering schemes, street furniture, parking areas and bus stops;

(v)      arranging for planned development of new areas for human settlement;

(w)     taking measures for beautification of the municipal area by setting up parks and fountains, providing recreational areas, improving river banks, and landscaping;

(x)      collecting statistics and data significant to the community;

(y)      integrating development plans and schemes of the municipal area with the district or regional development plan, if any;

(z)      promoting educational, sports and cultural activities;

(za) disclosing material and vital information regarding finances of, and development work and other activities undertaken by the Municipality to the stakeholders and the public at large;

(zb) taking steps for securing the prevention of cruelty to animals; and

(zc) performing such other statutory or regulatory functions as may be provided by or under this Act or under any other law for the time being in force.

(2)     The Municipality may, having regard to its managerial, technical, financial and organizational capacity, and the actual conditions obtaining in the municipal area, decide not to take up, or postpone, the performance of, any of the functions as aforesaid.

(3)     The State Government may direct a Municipality to perform any of the functions as aforesaid, if such function is not taken up, or is postponed, by the Municipality.

(4)     The Municipality may plan, build, operate, maintain or manage the infrastructure required for the discharge of any of the functions, as aforesaid, either by itself or by any agency under any agreement referred to in section 154.

Section 46 - Other municipal functions

A Municipality may, having regard to the satisfactory performance of its core functions which shall constitute the first charge on the municipal fund, and subject to its managerial, technical and financial capabilities, undertake or perform, or promote the performance of, any of the following functions, namely:--

(i)       in the sphere of protection of environment?

(a)      reclamation of waste lands, promotion of social forestry and maintenance of open spaces;

(b)      establishment and maintenance of nurseries for plants, vegetables and trees and promotion of greenery through mass participation;

(c)      organization of flower-shows and promotion of flower-growing as a civic culture; and

(d)      promotion of measures for abatement of all forms of pollution; 

(ii)      in the sphere of public health and sanitation?

(a)      mass inoculation campaigns for eradication of infectious diseases;

(b)      reclamation of unhealthy localities;

(c)      maintenance of all public tanks and regulating re-excavation, repair and up-keep of all private tanks, wells and other sources of water-supply on such terms and conditions as the Municipality may deem proper; and

(d)      advancement of civic consciousness of public health and general welfare by organizing discourses, seminars and conferences;

(iii)     in the sphere of education and culture-

(a)      promotion of civic education, adult education, social education and non-formal education;

(b)      promotion of cultural activities including music, physical education, sports and theatres and infrastructure therefor;

(c)      advancement of science and technology in urban life;

(d)      publication of municipal journals, periodicals and souvenirs, purchase of books, and subscription to journals, magazines and newspapers;

(e)      installation of statues, portraits and pictures in appropriate manner;

(f)       organization, establishment and maintenance of art galleries and botanical or zoological collections;

(g)      conservation and maintenance of monuments and places of historical, artistic and other importance; and

(h)     construction, establishment, maintenance or contribution to the maintenance of public libraries, museums, reading rooms, lunatic asylums, halls, offices;

(iv)    in the sphere of public welfare?

(a)      establishment and maintenance of shelters, in times of drought, flood, earthquake, or other natural or technological disasters, and relief works, for destitute persons within the limits of the municipal area;

(b)      construction or maintenance of, or provision of aids to, hospitals, dispensaries, asylums, rescue homes, maternity houses, and child welfare centers;

(c)      provision of shelters for the homeless;

(d)      implementation of programmes for liberation and rehabilitation of scavengers and their families;

(e)      organization of voluntary labour and co-ordination of activities of voluntary agencies for community welfare; and

(f)       campaigns for dissemination of such information as is vital for public welfare; and

(v)      in the sphere of community relations-

(a)      civic receptions to persons of distinction and paying homage on death to persons of repute;

(b)      organization and management of fairs and exhibitions; and

(c)      dissemination of information of public interest.

Section 47 - Functions assigned by the Government

The State Government may, by general or special order, require a Municipality to perform such other municipal functions as the State Government may, having regard to the necessity and the resources of the Municipality, think fit to be performed by the Municipality.

Section 48 - Functions of Chairperson and Vice-Chairperson

(1)     It shall be the duty of the Chairperson of a Municipality?

(a)      to convene regular meetings of the Municipality as provided in section 58;

(b)      to preside unless prevented by reasonable cause, at all meetings of the Municipality and subject to the provisions of the rules for the time being in force under clause (xiii) of sub-section (2) of section 337, to regulate the conduct of business at such meetings;

(c)      watch over the financial and executive municipal administration of the Municipality;

(d)      to perform all the duties and exercise all the powers specifically imposed or conferred upon him under and in accordance with Act; and

(e)      to perform such other executive functions as may be prescribed.

(2)     The Vice-Chairperson of a Municipality shall exercise such of the powers and perform such of the duties of the Chairperson as the Chairperson from time to time delegates to him. It shall also be the duty of the Vice-Chairperson-

(a)      in the absence of the Chairperson and unless prevented by reasonable cause, to preside at the meeting of the Municipality and when so presiding to exercise the same authority as is vested in the Chairperson under clauses (a) and (b) of sub- section (1); and

(b)      during the absence of a Chairperson on leave, to exercise the powers and perform the duties of the Chairperson.

Section 49 - Powers and duties of the Chief Municipal Officer including custody of records

(1)     The Chief Municipal Officer shall be responsible for the custody and maintenance of all the records of the Municipality.

(2)     Where any proceedings or resolution of a Municipality or of any of its committees or order of the Chairperson is inconsistent with the provisions of this Act and the rules made thereunder, it shall be the duty of the Chief Municipal Officer to tender advice to the Municipality, or committee or the Chairperson mentioning the relevant provisions of law to bring out the provisions of this Act or the rules made thereunder and record in the proceedings of the meeting of Municipality or committee or on the order of the Chairperson the fact that he had tendered such advice and thereupon put up a note of dissent on such proceedings, resolution, or as the case may be, the order and ensure the communication of the matter to the State Government or any officer authorized by it in this behalf within seven days of passing such resolution or order, or as the case may be, undertaking such proceedings.

(3)     If the Chief Municipal Officer knowingly neglect his duty under subsection (2), he shall be personally liable to any loss incurred by the Municipality as a result of the proceedings, resolution or the order of the nature specified in that sub-section and such loss may be recovered from him in the same manner in which municipal dues are recovered.

(4)     After examining the note of dissent reported under sub-section (2), the State Government or the officer authorized by it in this behalf, may make such interim or final order as he thinks fit, which shall be binding on the Municipality:

Provided that if no such interim or final order is passed within a period of thirty days from the date of receipt of the dissent note, the Municipality may proceed with the proceedings or the resolution or, as the case may be, the order as if the dissent note was not put up.

(5)     The Chief Municipal Officer or any other officer authorised in this behalf by the State Government shall have the power, subject to the provisions of this Act and the rules made thereunder, to authenticate under his signatures all resolutions, all licences, permissions which may be granted or given by the Municipality, Committee or order of Chairperson under this Act and no licence or permission or order shall be legal and valid unless it has been so authenticated by the Chief Municipal Officer or as the case may be, by such other officer.

(6)     The Chief Municipal Officer shall exercise such other powers of the Municipality as the State Government may entrust him in the specified administrative exigency by a general or special order.

(7)     All correspondence addressed to or meant for the Municipality shall ordinarily be sent in the name of the Chief Municipal Officer but may also be sent to the Chairperson and all correspondence issued or made on behalf of the Municipality shall ordinarily be issued under the seal and signature of the Chief Municipal Officer and may also be issued under the seal and signature of the Chairperson.

(8)     The Chief Municipal Officer shall furnish any extract from the minutes of the proceedings of the Municipality or of any committee or other document or thing, which the officer appointed or authorized by the State Government in this behalf, calls from time to time.

(9)     The Chief Municipal Officer shall,--

(i)       take prompt steps to remove any defect or irregularity brought to his notice in the course of the audit of the municipal accounts or pointed out in the audit report;

(ii)      report to the Municipality all cases of fraud, embezzlement, theft or loss of municipal money or property;

(iii)     supply any return, statement, account or report or any other document in his charge or a copy thereof requisitioned by the Municipality;

(iv)    make an explanation in regard to a subject under discussion at a meeting thereof but not vote upon or make any proposition thereat;

(v)      carry out the policies, decisions and directions of the Municipality if not inconsistent with provisions of this Act and rules made thereunder, and take necessary measures for the speedy execution of all works and development schemes of the Municipality;

(vi)    discharge such other duties as may be assigned to him by or under this Act or the rules and bye-laws made thereunder; and

(vii)   subject to the general superintendence and control of the Chairperson, exercise supervision and control over the officers and servants of the Municipality subordinate to him.

Section 50 - Handing over charge

(1)     Whenever--

(i)       a Chairperson resigns or ceases to be such or is removed from or vacates the office of Chairperson, or is placed under suspension or his election as a member or Chairperson is declared to be void;

(ii)      a Vice-Chairperson resigns or ceases to be such or is removed from, or vacates the office of Vice-Chairperson or is placed under suspension or his election as a member or Vice-Chairperson is declared to be void;

(iii)     a member resigns or is removed or placed under suspension or his election is declared to be void;

(iv)    a Municipality is dissolved or it otherwise becomes defunct, such Chairperson, Vice-Chairperson or member or the Chairperson, Vice-Chairperson and members of such Municipality, as the case may be, shall forthwith hand over charge in the prescribed manner of his or their office including all papers and properties pertaining to such office, in his or their actual possession or occupation-

(a)      in the case of a Chairperson, to the Vice-Chairperson and if there be no Vice-Chairperson, to such member as the State Government may direct:

Provided that charge of office of any Chairperson who was elected to an office reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes, Backward Classes, or for Women, shall be handed over to the Vice-Chairman if he belongs to the same category and if there be no such Vice-Chairperson as per directions of the State Government, to a member, if any, of the said Castes, Tribes or Classes or a woman member, as the case may be, in the manner as may be prescribed and where there is no such member belonging to said Castes, Tribes, Classes or a woman member to whom charge can be given as aforesaid, the charge shall be handed over in the manner as may be prescribed, to any other member not belonging to the aforesaid categories;

(b)      in the case of a Vice-Chairperson, to the Chairperson, and if there be no Chairperson, to such member as the State Government may direct;

(c)      in the case of a member, to a Chairperson, and in his absence, to the Vice-Chairperson; and

(d)      in the case of a Municipality dissolved or otherwise becoming defunct, to the newly constituted Municipality or, as the case may be, to the officer appointed under section 322:

Provided that a member to whom charge has been handed over under clauses (a) and (b) shall hold charge for a period, not exceeding sixty days, or till the taking over of charge by the Chairperson or, the Vice-Chairperson, as the case may be, whichever may be earlier.

(2)     If any person fails or refuses or is not available to hand over the charge of office as required under sub-section (1), the person who is entitled to take over the charge of office shall assume charge and thereupon he shall be deemed to have taken over the charge of such office in accordance with the provisions of this Act.

Section 51 - Provisions in regard to meetings of a Municipality

(1)     There shall be an ordinary general meeting of the Municipality once within sixty days and minimum six meetings in a calendar year and the business of the meeting shall be conducted in accordance with such procedure as may be prescribed.

(2)     The Chairperson shall call a special meeting for a date not more than seven days from the date of receiving a request in writing signed by not less than one-third of elected members of the Municipality specifying the resolution, which is proposed to be moved.

(3)     If the Chairperson fails to call a special meeting within the time specified under sub-section (2), the Chief Municipal Officer shall call such meeting within ten days from the date on which the time specified in sub-section (2) expires.

Section 52 - Rights and privileges of individual members

(1)     Any member may call the attention of the proper authority to any neglect in the execution of a municipal work, to any wastage of municipal property or to the civic problems of any locality, and may suggest any improvement which he considers desirable.

(2)     Every member shall have the right to put questions to the Chairperson and to move resolutions on matters connected with the administration of the Municipality, subject to the rules prescribed.

(3)     Every member shall have the right to inspect, without payment of any fees, records of the Municipality at the municipal office, after giving due notice to the Chief Municipal Officer.

Section 53 - Motion of non-confidence against Chairperson

(1)     Motion expressing no confidence in the Chairperson or the Vice-Chairperson shall be made and considered in the prescribed manner.

(2)     No notice of motion under this section shall be made within one year of the assumption of office by a Chairperson or a Vice-Chairperson.

(3)     If a motion under sub-section (1) is not carried, no notice of a subsequent motion expressing noconfidence in the same Chairperson or Vice-Chairperson shall be made until after the expiration of two years from the date of the meeting in which the motion was considered.

Section 54 - Constitution of Wards Committee

(1)     There shall be constituted Wards Committees, consisting of one or more wards, within the territorial areas of the Municipalities having population of three lakh or more.

(2)     Each Ward Committee shall consist of?

(a)      the members of the Municipality representing the wards within the territorial areas of the Wards Committee; and

(b)      such other members, not exceeding five who are not less than 25 years of age and who have special knowledge or experience in municipal administration to be nominated by the Municipality:

Provided that a person shall be disqualified for being nominated, and for being, a member of the Wards Committee, if under the provision of this Act or any other law for the time being in force, he would be disqualified for being elected as, and for being, a member.

(3)     Where a Wards Committee consists of one ward, the member representing that ward in the municipality shall be the Chairperson of that Committee.

(4)     (a) The Ward Committee shall at its first meeting after its constitution under sub-section (1) and at its first meeting in the same month in each succeeding year shall elect where the Wards Committee consists of two or more wards, one of the members representing such wards in the Municipality to be the Chairperson of that Committee.

(b) The Chairperson shall hold office until his successor has been elected and shall be eligible for re-election.

(5)     The Chairperson shall vacate office as soon as he ceases to be a member.

(6)     In the event of the office of the Chairperson falling vacant before the expiry of his term, the Wards Committee shall, as soon as conveniently may be after the occurrence of the vacancy, elect new Chairperson in accordance with sub-section (4):

Provided that a Chairperson so elected shall hold office so long only as the person in whose place he is elected would have held it if such vacancy had not occurred.

(7)     The duration of the Wards Committee shall be co-extensive with the duration of the municipality.

(8)     The Municipality shall by order define the functions and duties of the Wards Committee, the territorial areas of such Committee and the procedure to be adopted by such Committee for transaction of its business.

(9)     Three members including the Chairperson of the Wards Committee shall constitute the quorum and the Wards Committee shall observe such rules of procedure in transacting its business as may be made by the Municipality.

Section 55 - Committees

(1)     In every Municipality there shall be an Executive Committee constituted and consisting of?

(i)       the Chairperson of the Municipality;

(ii)      the Vice-Chairperson of the Municipality;

(iii)     the leader of the opposition;

(iv)    in case of a Municipal Corporation or Municipal Council seven members elected by the Municipal Corporation or, as the case may be, Municipal Council, including two from the women members;

(v)      in case of a Municipal Board, such number of members not exceeding five, as may be determined by the Municipal Board, elected by the Municipal Board; and

(vi)    the Chairperson of the committees constituted by the Municipality under sub-section (3).

(2)     The Chief Municipal Officer of the Municipality shall be ex-officio Secretary of the Executive Committee.

(3)     In addition to the Executive Committee, every Municipality shall also constitute the following Committees consisting of not more than ten members, namely:--

(i)       a finance committee;

(ii)      a health and sanitation committee;

(iii)     a buildings permission and works committee;

(iv)    a slum improvement committee;

(v)      a rules and bye-laws committee;

(vi)    a compounding and compromising of offences committee; and

(vii)   looking to the functions of a Municipality, it may also constitute such other committees, not exceeding eight in case of Municipal Corporation, not exceeding six in case of Municipal Council and not exceeding four in case of Municipal Board, as it may deem necessary:

Provided that the State Government may, looking to the functions of a Municipality, increase the maximum limit of committees specified in this clause.

(4)     The executive committee and the committees mentioned in sub-section (3) may exercise, perform and discharge such powers, duties and functions as may be prescribed.

(5)     The above referred committees shall be constituted by the Municipality within ninety days of the constitution of the Municipality, failing which the State Government may constitute such committees.

Explanation- For the removal of doubts it is clarified that a nominated member may also be appointed as a member of a committee constituted under this section.

Section 56 - When persons other than members may serve on committee

(1)     Notwithstanding anything contained in this Act, it shall be lawful for the Municipality, from time to time, by a resolution supported by not less than one-half of the whole number of members, to appoint, as members of any committee under section 55, except the Executive Committee, any persons who are not members, but who may in the opinion of such Municipality possess special qualifications for serving on such committee:

Provided that the number of persons so appointed on any committee shall not exceed one-third of the total number of the members of such committee.

(2)     All the provisions of this Act relating to the duties powers, liabilities, disqualification and disabilities of members shall be applicable, so far as may be, to such persons.

Section 57 - Chairman of committee

(1)     The Chairperson of the Municipality, if a member of any committee, shall be ex-officio Chairman thereof.

(2)     The Vice-Chairperson of the Municipality, if appointed as a member of any committee of which the Chairperson is not a member, shall be ex-officio Chairman thereof.

(3)     The Municipality may appoint a member, as Chairman of any committee of which there is no ex-officio Chairman.

(4)     Every committee, of which there is an ex-officio Chairman or a Chairman appointed by the Municipality, shall, at each meeting which such Chairman does not attend, appoint from amongst its members a Chairman of such meeting.

(5)     Every committee, of which there is no ex-officio Chairman or Chairman appointed by the Municipality, shall appoint from time to time its own Chairman from amongst its own members.

Section 58 - Procedure at meetings

(1)     The ordinary meetings of a committee of a Municipality shall be conducted within two months in accordance with such procedure as may be prescribed.

(2)     If the Chairman of any committee has been absent from the Municipality for a period exceeding fifteen days, the Chairperson or Vice-Chairperson of the Municipality may, in his absence, call a meeting thereof.

(3)     Committees may meet and adjourn as they think proper but the Chairman of a committee may, whenever he thinks fit, and shall, upon the written request of the Chairperson of the Municipality or of not less than two members of the committee, and for a date not more than two days after the presentation of such request, call a special meeting of such committee.

(4)     No business shall be transacted at any meeting of the committee unless one-half of the members of the committee be present thereat.

Section 59 - Subordination of committees to instructions of Municipality and compliance with requisitions of Municipality

(1)     Every committee including Wards Committee shall conform to any instructions that may from time to time be given to it by the Municipality. No committee can approve any scheme or expenditure from the municipal fund unless it has already been approved in the annual budget or supplementary budget passed by the Municipality. The, Municipality may, at any time, call for any extract from any proceedings of any committee, and any return, statement of accounts or report concerning or connected with any matter with which any committee has been authorized or directed to deal, and every such requisition shall without unreasonable delay, be complied with by the committee so called upon.

(2)     Every resolution passed by a committee appointed under sections 54 and 55 shall be subject to revision by, and open to appeal to, the Municipality in accordance with rules that may be framed by the Municipality in this behalf.

Section 60 - General functions of the Ward Committee

The Ward Committee may discharge the following functions, namely:--

(a)      assisting in solid waste management in the ward;

(b)      assisting in supervision of sanitation work in the ward;

(c)      assisting in the preparation and encouragement of the development scheme for the ward;

(d)      encouraging harmony and unity among various groups of people in the ward;

(e)      mobilizing voluntary labour and donation by way of goods or money for social welfare programmes;

(f)       assisting in the implementation of development schemes relating to the ward;

(g)      assisting in identifying beneficiaries for the implementation of development and welfare schemes;

(h)     encouraging art and cultural activities and activities of sports and games;

(i)       ensuring people's participation in the voluntary activities necessary for successful implementation of the developmental activities of the Municipality;

(j)       assisting in timely collection of taxes, fees and other sums due to the Municipality;

(k)      assisting in maintenance of parks in the ward;

(l)       assisting in maintenance of street lighting in the ward; and

(m)    such other functions as may be assigned to it by the Municipality.

Section 61 - Powers, duties and functions which may be delegated

(1)     Any powers, duties or executive functions which may be exercised, discharged or performed by or on behalf of the Municipality may, subject to such restrictions, limitations and conditions as may be prescribed, be delegated to the committees under this Act, without prejudice to the powers, duties and functions prescribed under sections 55,157 or 158.

(2)     When the office of a Chairperson becomes vacant and there is no Vice-Chairperson to take over, the Municipality shall at a meeting to be called in prescribed manner, delegate the powers, duties and executive functions of the Chairperson to such member of the Municipality as it thinks proper to be exercised by him till a Chairperson is elected in accordance with the rules in force:

Provided that when the office of a Chairperson reserved for Scheduled Castes, Scheduled Tribes, the Backward Classes or for women becomes vacant, the powers, duties and executive functions of the chairperson shall be delegated to a member belonging to said castes, tribes, classes or, as the case may be, a woman member and if there is no member belonging to said castes, tribes, classes or, as the case may be/woman member to such other member as it thinks proper.

Section 62 - Acts and proceedings of Municipality and committees not vitiated by disqualifications etc., of members thereof

(1)     No disqualification of or defect in the election, nomination or appointment of any person acting as member, or as the Chairperson or presiding authority of a general meeting or a committee appointed under this Act shall be deemed to vitiate any act or proceeding of the Municipality or such committee, as the case may be, in which such person has taken part.

(2)     Where a member or a Chairperson or a Vice-Chairperson is declared, as the result of an election petition, not to have been duly elected he shall cease to act as such from such date but acts done by him till then in the execution of his office shall not be invalidated by reason of such declaration.

(3)     No resolution of a Municipality or any committee appointed under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any member; provided that the proceedings of the Municipality or committee were not prejudicially affected by such irregularity.

(4)     Unless the contrary is proved, every meeting of the Municipality or of a committee appointed under this Act in respect of the proceedings whereof a minute has been made and signed in accordance with this Act, shall be deemed to have been duly convened and held; and all the members at the meeting shall be deemed to have been duly qualified, and, where the proceedings are the proceedings of a committee, such committee shall be deemed to have been duly constituted and to have had the power to deal with the matters referred to in the minute.

(5)     During any vacancy in a Municipality or co(sic)mittee, the continuing members may act as if no vacancy had occurred.

Section 63 - Municipal fund ordinarily liable for all costs and expenses incurred by Municipalities

(1)     Except as herein otherwise provided, no Chairperson or Vice-Chairperson or member shall be personally liable in respect of any contract or agreement made, or for any expense incurred by or on behalf of the Municipality, and the municipal fund shall be liable for and be charged with all costs in respect of any such contract or agreement and all such expenses.

(2)     Every Chairperson, Vice-Chairperson or member shall be liable for the misapplication of any money or other property owned by or vested in the Municipality to which he has been a party and for any loss or waste of such money or property which has been caused or facilitated by his misconduct. The Chairperson, the Vice-Chairperson, member, the Chief Municipal Officer or other officer or person to whom executive powers are conferred by or under this Act shall be liable for such loss, waste or misapplication, if it is a direct consequence of his neglect or has been caused or facilitated by his misconduct.

Section 64 - Official of the Municipality not to be interested in any contract

Any person who has, directly or indirectly, by himself or his partner, any share or interests in any contract with, by or on behalf of, a Municipality or in arty employment with, under, by or on behalf of a Municipality other than as a municipal officer or servant shall be liable for disciplinary action under the appropriate rules.

Section 65 - Penalty for member, officer or employee interested in a contract etc., with Municipality

(1)     Any member who knowingly acquires, directly or indirectly, any share or interest in any contract or employment with, under, by, or on behalf of a Municipality of which he is a member, not being a share or interest such as under section 24, it is permissible for a person to have without being thereby disqualified for being member, shall be liable, on conviction before a criminal court, to a fine which may extend to five thousand rupees.

(2)     Any municipal officer or servant who knowingly acquires, directly or indirectly, any share or interest in any contract or, except in so far as concerns his own employment as municipal officer or servant, in any employment with, under, by or on behalf of a Municipality of which he is an officer or servant shall be liable, on conviction before a criminal court, to a fine which may extend to five thousand rupees and shall also be liable for disciplinary action in accordance with the rules applicable to him.

Section 66 - Members etc. to be deemed public servant

Every member, officer, servant of the Municipality or employee of Municipality and every lessee of the levy of any municipal tax, and every servant or other employee of any such lessee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).

Section 67 - Power to acquire and hold property

The Municipality shall, for the purposes of this Act, have power to acquire, by gift, purchase or otherwise, and hold, movable and immovable properties or any interest therein, whether within or outside the limits of the municipal area.

Section 68 - Vesting of property

(1)     All property of the nature hereinafter in this section specified and not being specially reserved by the State Government shall, subject to any other law for the time being in force, vest in and belong to the Municipality, and shall together with all other property of whatsoever nature or kind not being specially reserved by the State Government, which may become vested in the Municipality, be under its direction, management and control, and shall be held and applied by it as trustee subject to the provisions and for the purpose of this Act, that is to say-

(a)      all vested public lands;

(b)      all public city or town walls, gates, markets, slaughterhouses, manure, night-soil depots, and public building of every description which have been constructed or are maintained out of municipal fund;

(c)      all public tanks, streams, reservoirs, cisterns, springs, aqueducts, conduits, tunnels, pipes and pumps; and all bridges, buildings, engines, works, materials and things connected therewith or appertaining thereto and also any adjacent land, not being private property, appertaining to any public tank or well;

(d)      all public sewers and drains, channels, tunnels, culverts and watercourses in, alongside, or under, any street;

(e)      all public streets and pavements, and stones and other materials thereon, and also trees, erections, materials, implements and things provided for such streets;

(f)       all public parks and gardens, including squares and public open spaces;

(g)      all public ghats on rivers or streams or tanks;

(h)     such Government lands, whether situate within or out of the municipal area, as the State Government may by general or special order vest in the Municipality;

(i)       all public lamps, lamp-posts and apparatus connected therewith, or appertaining thereto;

(j)       all Government buildings and all private lands and buildings transferred to it by gift or otherwise;

(k)      all public places for disposal of the dead, excluding those governed by any specific law in this behalf;

(l)       all solid wastes collected on a public street or public place, including dead animals and birds; and

(m)    all stray animals not belonging to any private person.

(2)     The State Government shall be competent to resume from time to time, by notification in the Official Gazette, any Government land vested in a Municipality under clause (h) of sub-section (1), --

(i)       if such Municipality is found upon inquiry to have mismanaged such land, or

(ii)      if such land is otherwise required by the State Government in the public interest, on such terms as the State Government may determine.

Section 69 - Acquisition of property by Municipality by agreement, exchange, lease, grant, etc.

(1)     The Municipality may, on such terms and conditions as may be approved by it and with the prior approval of the State Government, --

(i)       acquire by agreement-

(a)      any immovable property, and

(b)      any easement affecting immovable property;

(ii)      acquire any property by exchange; and

(iii)     hire or take on lease immovable property.

(2)     The Municipality may receive any grant or dedication by donor, whether in the form of any income or any movable or immovable property, by which the Municipality may be benefited in the discharge of any of its functions.

(3)     It shall be lawful for the Municipality to be the beneficiary of any trust created under the Charitable and Religious Trusts Act, 1920 (Central Act No. 14 of 1920), or the Indian Trusts Act, 1882 (Central Act No. 2 of 1882).

Section 70 - Compulsory acquisition of land

When any land or right in land whether within or without the limits of the Municipality, is required for the purposes of this Act, the State Government may, at the request and on behalf of the Municipality, proceed to acquire it under the provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) and on the payment by the Municipality to the State Government of compensation awarded thereunder and of other charges incurred by the State Government in connection with such acquisition, the land or right, as the case may be, shall vest in the Municipality.

Section 71 - Allotment, regularization etc. of certain lands

(1)     All lands which are deemed to have been placed at the disposal of a Municipality under section 90-B of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) upon resumption or surrender of tenancy rights and interest of Khatedars thereof, as the case may be, shall be available for allotment or regularization preferably to the persons having possession on the basis of the documents referred to in sub-section (1) of the said section 90-B or as the case may be to the person who surrendered the land under sub-section (3) of the said section 90-B, on such terms and conditions and after examining their eligibility for allotment and subject to payment to the Municipality of such charges or premium or both as the case may be, and at such rates as may be prescribed by the State Government in this behalf:

Provided that no allotment or regularization of any land shall be made which has been duly earmarked for public utilities or services such as park, nursery, civil or military aviation, bus-stand, transport terminal, railways, public roads, high-ways, footpath, sewage lines, water supply, electricity supply, telephone lines, hospital, school, educational institution/university, cremation ground, grave-yard and for such other purposes as the State Government may specify by notification in the Official Gazette.

(2)     The charges realized under sub-section (1) shall be credited to the Consolidated Fund of the State and the fund of the Municipality as may be determined by the State Government.

Section 72 - Contracts by officers appointed by Government to execute municipal works and payment for such works

Notwithstanding anything contained in section 82, any person appointed by the State Government to carry any work into execution on behalf of a Municipality may; subject to such control as the State Government may prescribe, make such contracts as are necessary for the purpose of carrying such work into execution to the extent of the sum provided for such work; and the Municipality shall pay to the person so appointed such sums as may be required for the said purpose, to the extent aforesaid.

Section 73 - Provisions relating to transfers of property and contracts

(1)     Every Municipality shall be competent, subject to the prescribed restrictions and conditions to lease, sell, regularize, allot or otherwise transfer any movable or immovable property belonging to it, including municipal land as also any Government land and so far as is not inconsistent with the provisions and purposes of this Act and the rules made thereunder, to enter into and perform all such contracts as it may consider necessary or expedient in order to carry into effect the said provisions and purposes:

Provided that-

(i)       no such lease, sale, regularization, allotment or transfer and contract shall be binding on a Municipality unless it is in conformity with the provisions of this Act and the rules made thereunder;

(ii)      no lease, sale, regularization, allotment or transfer of, or any other contract respecting any Government land shall be valid unless it is confirmed by the prescribed authority in the prescribed manner and on the prescribed conditions.

Explanation.-- For the purposes of this section, the expression ?Government land? means any land--

(a)      which has become vested in a Municipality under clause (h) of subsection (1) of section 68; or

(b)      which is a Nazul land as defined in section 3 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956); or

(c)      which may be placed at the disposal of a Municipality by the State Government.

(2)     (a) The State Government or any officer authorized by it in this behalf may, for the purpose of satisfying as to the correctness, legality or propriety of any proposal to lease, sell, regularize, allot or transfer any Municipal land or Government land made by or on behalf of a Municipality or Chairperson, or officer of a Municipality, call for the relevant record, and may while doing so direct that pending the examination of the matter, the proposal to lease, sell, regularize, allot, or transfer of the Municipal land or Government land shall remain in abeyance and no action in furtherance thereof shall be taken till the decision of the State Government or of the authorized officer under sub-section (2)(b).

(b) If after examination of the record and after giving to the persons interested in such proposal, a reasonable opportunity of being heard, the State Government or the officer authorized as aforesaid, is satisfied that the proposal to lease, sell, regularize, allot or transfer of the Municipal land or Government land is not in accordance with or is in contravention of the provisions of this Act, it may by order published in the Official Gazette, modify, cancel or rescind wholly or in part the proposal made for lease, sale, regularization, allotment or transfer of the Municipal land or Government land or any action or proceeding taken in pursuance thereof or may give any other direction as may be deemed proper.

(3)     Where in pursuance of any lease, sale, allotment, transfer or any other contract made by a Municipality or by the Chairperson, or officer of a Municipality, in contravention of the provisions of this section, any person has entered into the possession of any Municipal land or Government land, such person shall be deemed to be in unauthorized occupation within the meaning of the Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act, 1964 (Act No. 2 of 1965) and shall be liable to eviction from such land and to all the liabilities as to the payment of rent or damages for use and occupation under that Act unless notwithstanding anything contained in that Act, such lease, sale, allotment or, transfer or contract is confirmed by the State Government or the officer authorized as aforesaid, in the prescribed manner:

Provided that where any such lease, sale, allotment, transfer or contract is not confirmed as aforesaid, the consideration, if any, received by the Municipality, Chairperson, or officer of the Municipality for such lease, sale, allotment, transfer or contract shall, be refunded to the person evicted from such land.

Section 74 - Inventory and map of immovable municipal property

(1)     The Municipality shall maintain an inventory and a map of all immovable properties which vest in or belong to or are acquired by it. The copies of updated inventories and maps shall be deposited in the office of the Director of Local Bodies by each Municipality within one year from the commencement of this Act.

(2)     The Chief Municipal Officer shall in case of the inventory of an immovable property, prepare an annual statement indicating the changes, if any, in the said inventory and shall place the same before the Municipality and also send a copy thereof to the Director of Local Bodies.

Section 75 - Maintenance of records of urban land and properties

The Municipality may, in consultation with other concerning departments or authority, as the case may be, prepare, maintain and regularly update the record of the urban land and all properties, including private properties, situated within the municipal area, in such manner as may be prescribed.

Section 76 - State Finance Commission

(1)     The State Finance Commission shall review the financial position of the Municipalities and make recommendations to the Governor as to:-

(a)      the principles which should govern;

(i)       the distribution, between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them and the allocation between the Municipalities at all levels of their respective shares of such proceeds;

(ii)      the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities; and

(iii)     the grants-in-aid to the Municipalities from the Consolidated Fund of the State;

(b)      the measures needed to improve the financial position of the Municipalities; and

(c)      any other matter referred to the State Finance Commission in the interest of sound finances of the Municipality.

(2)     Every recommendation made by the State Finance Commission together with an explanatory memorandum as to the action taken thereon shall be laid before the State Legislature.

Section 77 - Implementation of recommendations of the State Finance Commission

After taking into consideration the recommendations of the State Finance Commission, the State Government shall determine:-

(a)      the devolution of net proceeds of the taxes, duties, tolls and fees to the Municipalities,

(b)      the assignment of taxes, duties, tolls and fees to the Municipalities,

(c)      the sanction of grants-in-aid to the Municipalities from the Consolidated Fund of the State, and

(d)      the other measures required to improve the financial position of the Municipalities.

Section 78 - Financial assistance from State Government

(1)     The State Government may, from time to time, give grants or financial assistance to the Municipality with or without direction as to the manner in which such grants or financial assistance shall be applied.

(2)     The State Government may, for giving such grants or assistance, lay down a scheme, which may include the conditions of release of such grants or assistance and may provide for the division of Municipalities into different classes for that purpose.

(3)     The State Government may give grants to the Municipality for implementation, in full or in part, of any scheme included in the annual development plan of the Municipality.

Section 79 - Municipal Fund

(1)     There shall be a fund to be called the Municipal Fund, which shall be held by the Municipality in trust for the purposes of this Act, and all moneys realized or realizable under this Act and all moneys otherwise received by the Municipality shall be credited thereto.

(2)     Subject to such directions as the State Government may issue in this behalf, the receipts and expenditures of the Municipality shall be kept under such heads of accounts, including those for drainage and sewerage, solid waste management, road development and maintenance, slum services, projects and other account heads as may be prescribed and the general account head, in such manner, and in such form, as may be prescribed, so as to facilitate the imposition of user charges and preparation of any subsidy, report under this Act.

Explanation.-- For the purposes of this section ?commercial projects? shall include municipal markets, market development projects, property development projects, and such other projects of a commercial nature as may be specified by the Municipality from time to time.

(3)     Every head of account specified under sub-section (2) shall be split up into a revenue account and a capital account and all items of receipts and expenditures shall be kept appropriately under such revenue account or capital account, as the case may be.

Section 80 - Application of Municipal Fund

The moneys credited to the Municipal Fund from time to time shall be applied for payment of all sums, charges and costs necessary for carrying out the purposes of this Act and the rules and the bye-laws made thereunder and for payment of all sums payable out of the Municipal Fund under any other law for the time being in force.

Section 81 - Payments not to be made out of Municipal Fund unless covered by budget grant

No payment of any sum out of the Municipal Fund shall be made unless such expenditure is covered by a current budget grant and a sufficient balance of such budget grant is available, notwithstanding any reduction or transfer thereof under the provisions of this Act:

Provided that this section shall not apply to any payment in the following cases, namely:-

(a)      refund of taxes and other moneys which are authorized by this Act,

(b)      repayment of moneys belonging to contractors or other persons and held in deposit and all moneys collected by the Municipality or credited to the Municipal Fund by mistake,

(c)      temporary payment for works urgently required by the State Government in the public interest,

(d)      expenses incurred by the Municipality on special measures on the outbreak of dangerous diseases, natural or technological hazards or in any other emergent case,

(e)      sums payable as compensation under this Act or the rules or the bye-laws made thereunder,

(f)       sums payable:-

(i)       under orders of the State Government on failure of the Municipality to take any action required by the State Government under any provision of this Act, or

(ii)      under any other law for the time being in force, or

(iii)     under the decree or order of a civil or criminal court against the Municipality, or

(iv)    under a compromise of any claim, suit or other legal proceeding, or

(v)      on account of the cost incurred in taking immediate action by any of the municipal authorities to avert a sudden threat or danger to the property of the Municipality or to human life, or

(vi)    on account of salaries or wages, and

(g)      such other cases as may be determined by bye-laws.

Section 82 - Temporary payment from Municipal Fund for works urgently required in public interest

(1)     On a requisition, in writing, by the State Government, the Municipality may, at any time, require the Chief Municipal Officer to undertake the execution of any work certified by the State Government to be urgently required in the public interest and, for this purpose, to make payment for such work from the Municipal Fund in so far as such payment may be made without (sic) July interfering with the regular work of the Municipality.

(2)     The cost of all work so executed, and the proportionate establishment charges for executing such work, shall be paid by the State Government and credited to the Municipal Fund.

Section 83 - Power to incur expenditure beyond the limits of Municipality

Notwithstanding anything contained elsewhere in this Chapter, the Municipality may, with the approval of the State Government, authorize expenditure to be incurred beyond the limits of the municipal area for creation of physical assets relating to the core functions of the Municipality outside the limits of such municipal area and for maintenance thereof for carrying out the purposes of this Act.

Section 84 - Exclusive use of Municipal Fund for particular purpose

(1)     Notwithstanding anything contained elsewhere in this Chapter, the State Government may, by order, require the Municipality to earmark a particular portion of the Municipal Fund or a particular grant or a part thereof, or any item of receipt under any head of account, or any percentage thereof, or any share of tax receivable by the Municipality other than taxes, duties and fines assigned to the Municipality under this Act or any part thereof, to be utilized exclusively for such purpose related to municipal functions as may be specified by the State Government, and it shall be the duty of the Municipality to act accordingly.

(2)     The State Government may, for carrying out the purposes of sub-section (1), make rules for different classes of Municipalities.

Section 85 - Operation of accounts

Subject to the other provisions of this Act, payment from the Municipal Fund shall be made in such manner as may be prescribed in the rules made by the State Government.

Section 86 - Investment of surplus moneys

(1)     Surplus moneys standing at the credit of any of the heads of accounts of the Municipal Fund which are not required, either immediately or at any early date, to be applied for the purposes of this Act by the Municipality may, in accordance with the rules made by the State Government, be transferred by the Municipality, either in whole or in part, to any other head of account of the Municipal Fund:

Provided that such surplus money standing at the credit of the Commercial Projects Account of the Municipal Fund shall not be transferred to the General Account of the Municipal Fund.

(2)     Surplus moneys which are not transferred under sub-section (1) may be invested in public securities or small savings schemes, approved by the State Government, or deposited at interest with such scheduled bank as may be determined by the Municipality.

(3)     Profit or loss, if any, arising from the investment as aforesaid shall be credited or debited, as the case may be, to the account to which such profit or loss relates.

Section 87 - Preparation of budget estimate of Municipality

(1)     The Chief Municipal Officer shall prepare in each year, before fifteenth January, a budget estimate along with an establishment schedule of the Municipality for the ensuing financial year, and such budget estimate shall be an estimate of the actual income and expenditure of the Municipality. However, before submission to the Municipality for approval, the financial estimates shall be approved by the Finance Committee.

(2)     Subject to the provisions of section 4 and sub-section (2) of section 79, the budget estimate shall separately state the income and the expenditure of the Municipality to be received and incurred in terms of the various heads of accounts:

Provided that without prior approval of the State Government, no proposal regarding:-

(i) ???creation of new posts or filling of vacant posts;

(ii) ???purchase of new vehicles;

(iii) ??purchase of immovable property;

(iv) ??making grant-in-aid to any private institution or person; or

(v) ???for any other matter as may be directed by the State Government, from time to time, shall be included in the budget.

(3)     The budget estimate shall state the rates at which various taxes, surcharges, cesses and fees shall be levied by the Municipality in the year next following.

(4)     The budget estimate shall state the amount of money to be raised as loan during the year next following.

(5)     The Chairperson shall present the budget estimate to the Municipality on such date, not being later than 31st January in each year, as may be fixed by the Executive Committee and it shall be passed by the Municipality prior to 15th February of every year

(6)     The budget estimate shall be prepared, presented and adopted in such form and in such manner, and shall provide for such matters, as may be prescribed.

(7)     The annual inventory prepared under sub-section (1) of section 74 and the statement prepared under sub-section (1) of section 150 shall be enclosed with the budget estimate.

Section 88 - Sanction of budget estimate of Municipality

The Municipality shall consider the budget estimate and shall, by the fifteenth day of February in each year, adopt the budget estimate for the ensuing year with such changes as it may consider necessary, and submit a copy of the same to the State Government through the Director of Local Bodies and if, after considering the budget estimates, the State Government is of the opinion that it is necessary in the interest of Municipality to make changes in budget estimates, it may direct the Municipality to carry out the changes and such directions shall be binding on the Municipality.

Section 89 - Power to alter budget grant

A Municipality may, from time to time, during the financial year-

(a)      increase the amount of any budget grant under any head,

(b)      make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year,

(c)      transfer the amount of any budget grant or portion thereof under one head to the amount of budget grant under any other head, or

(d)      reduce the amount of the budget grant under any head:

Provided that nothing shall be done under clause (a) or clause (b) or clause (c) or clause (d) without the recommendation of the Finance Committee.

Section 90 - Maintenance of accounts

The Chief Municipal Officer shall prepare and maintain accounts of receipts and expenditures of the Municipality in such form, and in such manner, as may be prescribed.

Section 91 - Preparation of Municipal Accounting Manual

The State Government shall prepare and maintain a Manual to be called the Municipal Accounting Manual containing details of all financial matters and procedures relating thereto in respect of the Municipality.

Section 92 - Financial statement and balance sheet

(1)     The Chief Municipal Officer shall, within three months of the close of a financial, year, cause to be prepared a financial statement containing an income and expenditure account and a receipts and payments account for the preceding financial year in respect of the accounts of the Municipality and a balance sheet of the assets and liabilities of the Municipality for the preceding financial year.