[13
of 1994] [23
April 1994] An Act to consolidate
and amend the law relating to Panchayati Raj Institutions in the State of
Rajasthan. Be it enacted by the
Rajasthan State Legislature in the Forty-fifth Year of the Republic of India as
follows :- CHAPTER 1 Preliminary (1)
This Act may be called the
Rajasthan Panchayati Raj Act, 1994. (2)
It extends to the whole of
the State of Rajasthan. (3)
It shall come into force on
such date 1as the State Government may, by notification in the Official
Gazette, appoint. (1)
In this Act, unless the
context otherwise requires,- (i)
"Backward Classes"
means such backward classes of citizens, other than the Scheduled Castes and
the Scheduled Tribes, as may be specified by the State Government from time to
time for the purposes of this Act; (ii)
"Block" and
"Panchayat Circle" shall respectively mean the local area over which
a Panchayat Samiti or, as the case may be, a Panchayat exercises its
jurisdiction; (iii)
"Chairman" means
Chairperson of a Standing Committee of a Zila Parishad a Panchayat Samiti or a
Panchayat constituted under this Act; (iv)
"Chairperson" and
"Deputy Chairperson" shall respectively mean the Sarpanch and
Up-Sarpanch in the case of a Panchayat, the Pradhan and Up-Pradhan in the case
of a Panchayat Samiti and the Pramukh and UP-Pramukh in the case of a Zila
Parishad; (v)
"Commissioner" means
the Divisional Commissioner or such other officer as may be appointed by the
State Government to exercise the powers of a Commissioner under the Rajasthan
Land Revenue Act, 1956 (Rajasthan Act 15 of 1956); (vi)
"Collector" means
Collector of a District and includes Additional Collector; (vii)
"Competent
Authority" means such officer or authority as the State Government may, by
notification in the Official Gazette, appoint to perform such functions and
exercise such powers of a Competent Authority with respect to such provisions
of this Act and in relation to such Panchayati Raj Institutions as are
specified in the notification; (viii)
"Constituency"
includes a ward; (ix)
Director, Panchayati
Raj" means the Officer appointed as such by the State Government; (x)
"Director, Elementary
Education" means the Officer appointed as such by the State Government;
and (xi)
"District" means a
District constituted under the Rajasthan Land Revenue Act, 1956 (Rajasthan Act
15 of 1956); (xii)
"Finance
Commission" means the commission constituted under Article 243-I of the
Constitution of India; (xiii)
"Government" or
"State Government" means the State Government of Rajasthan; (xiv) "Member"
means a member of a Panchayati Raj Institution and includes a Sarpanch; (xv)
"Officer-in-charge of
Panchayats" means the person or officer appointed by the State Government
under section 99 to be the officer-in-charge of Panchayats and includes an
officer subordinate to him appointed under that section; (xvi) "Panch"
means a member of a Panchayat, other than a Sarpanch; (xvii) "Panchayat
Area" or "Panchayat Circle" means the territorial area of a
Panchayat; (xviii)
"Panchayati Raj
Institution" means an institution of self-Government established under
this Act for rural areas, whether at the level of a village or of a block or
district; (xix) "Population",
when used with reference to a local area, means the population of such local
area as ascertained at the last preceding census of which the relevant figures
have been published; (xx)
"Prescribed" means
prescribed by or under this Act; (xxi) "Public
Land" or "Common Land" means land which is not in exclusive
possession and use of any individual but is used by the inhabitants of a local
area commonly; (xxii) "Standing
Committee" means a Standing Committee constituted by a Zila Parishad or a
Panchayat Samiti or Panchayat under this Act; (xxiii)
"State Election
Commission" means the Commission referred to in Article 243-K of the
Constitution of India; and (xxiv)
"Village" means a
village specified by the Governor by public notification to be a village for
the purpose of this Act and includes a group of villages so specified. (2)
Words and expressions used
but not defined in this Act but defined in the Rajasthan Municipalities Act,
1959 shall have the meanings assigned to them in the later. CHAPTER 2 CHAPTER II (1)
Every ward of the Panchayat
as determined in accordance with the provisions of the Sub-sec. (2) of Sec. 12
shall have a Ward Sabha consisting of all adult persons of the Ward in a
Panchayat circle. (2)
There shall be at least two
meetings of the Ward Sabha every year, one in each half of the financial year. Provided that upon a
requisition in writing by more than one-tenth of the total number of members of
the Ward Sabha or, if required by the Panchayat, Panchayat Samiti, Zila
Parishad or the State Government, a meeting of the Ward Sabha shall be held
within fifteen days of such requisition or requirement. (3)
In all the meetings of the
Ward Sabha any matter which the Panchayat, Panchayat Samiti, Zila Parishad, the
State Government or any officers authorized in this behalf may require to be
placed, shall also be placed. (4)
It shall be open to the Ward
Sabha to discuss the matters placed before it under this section and the
Panchayat shall consider the suggestions, if any, made by the Ward Sabha. (5)
The Vikas Adhikari of the
concerned Panchayat Samiti or his nominee shall attend the meetings of the Ward
Sabha. He shall be responsible for convening the meeting of Ward Sabha in
consultation with the Ward Sabha and for the correct recording of the minutes
of such meetings. (6)
A copy of the minutes so
recorded shall be sent in the prescribed manner to the authorities prescribed
for this purpose. The minutes shall be read out at the end of the meeting and
shall be approved and signed by the members of the Ward Sabha present. The quorum for a
meeting of the Ward Sabha will be one-tenth of the total number of members but
out of which those belonging to Scheduled Castes, Scheduled Tribes, Backward
Classes and Women members shall be in proportion to their population. The meeting of the
Ward Sabha shall be prescribed over by the Panch or, in his absence by a member
of the Ward Sabha to be elected for the purpose by a majority of the members
present in the meeting. Any resolution
relating to the matters entrusted to the Ward Sabha under this Act shall have
to be passed by a majority of votes of the members present and voting in the meeting
of the Ward Sabha. The Ward Sabha shall
perform the following functions:- (a)
rendering assistance to the
Panchayat in collection and compilation of details required for formulation of
development plans; (b)
generating proposals and
fixing priority of development schemes and programmes to be implemented in the
area of the Ward Sabha; (c)
identification of
beneficiaries in order of priority, for the implementation of development
schemes pertaining to the area of Ward Sabha; (d)
rendering assistance in
effective implementation of development scheme; (e)
suggesting the location of
public utilities, amenities and services like street lights, community water
taps, public wells, public sanitation units, irrigation facilities etc.; (f)
Formulating schemes and
imparting awareness on matters of public interest like cleanliness,
preservation of environment, prevention of pollution, guarding against social
evils etc; (g)
promoting harmony and unity
among various groups of people; (h)
verifying the eligibility of
persons getting various kinds of Welfare assistance from Government such as
pensions and subsidies; (i)
getting information on the
detailed estimates of works proposed to be taken in the area of the Ward Sabha;
exercise social audit in all works implemented in the area of the Ward Sabha
and awarding utilisation and completion certificate for such works; (j)
getting information from the
officials concerned as to the services they will render and the works they
propose to do in the area of the Ward Sabha; (k)
assisting the activities of
parent-teacher associations in the area; (l)
promoting literacy,
education, health, child care and nutrition; (m)
exercise check on
institutions and functionaries in all social sectors; and (n)
such other functions as may
be prescribed from time to time. CHAPTER 3 Panchayati Raj Institutions (1)
The State Government may, by
notification in the Official Gazette, declare any local area, comprising a
village or a group of villages not included in a municipality or a cantonment
board constituted under any law for the time being in force to be Panchayat
Circle and for every local area declared as such there shall be a Panchayat. (2)
Every Panchayat shall, by
the name notified in the Official Gazette, be a body corporate having perpetual
succession and common seal and shall, subject to any restrictions and
conditions imposed by or under this Act or any other law, have power to
acquire, by purchase, gift or otherwise, to hold, administer and transfer
property, both movable and immovable, and to enter into any contract and shall,
by the said name, sue and be sued. (3)
The State Government may, at
any time, after one months notice published in the prescribed manner either on
its own motion or at the request of the Panchayat or of the residents of the
Panchayat Circle, and by notification in the Official Gazette, change the name
or place of office of any such Panchayat. (1)
The State Government may, by
notification in the Official Gazette, declare any local area within the same
district to be a block and for every block declared as such there shall be a
Panchayat Samiti having jurisdiction, save as otherwise provided in this Act, over
the entire block excluding such portions of the block as are included in a
municipality or a cantonment board constituted under any law for the time being
in force. Provided that a
Panchayat Samiti may have its office in any area comprised within the excluded
portion of the Panchayat Samiti. (2)
Every Panchayat Samiti
shall, by the name notified in the Official Gazette, be a body corporate having
perpetual succession and common seal and shall, subject to any restrictions and
conditions imposed by or under this Act or any other law, have power to
acquire, by purchase, gift or otherwise, to hold, administer and transfer
property, both movable and immovable, and to enter into any contract and shall,
by the said name, sue and be sued. (3)
The State Government may, at
any time, after one months notice published in the prescribed manner either on
its own motion or at the request of the Panchayat Samiti or of the residents of
any area within the block of the Panchayat Samiti, and by notification in the
name or place of office of any such Panchayat Samiti. (1)
For every district, there
shall be a Zila Parishad having jurisdiction, save as otherwise provided in
this Act, over the entire district excluding such portions of the district as
are included in a municipality or a cantonment board constituted under any law
for the time being in force: Provided that a Zila
Parishad may have its Office in any area comprised within the excluded portion
of the district. (2)
Every Zila Parishad shall
bear the name of the District for which it is constituted and shall be a body
corporate having perpetual succession and common seal and shall, subject to any
restrictions and conditions imposed by or under this Act or any other law, have
power to acquire, by purchase, gift or otherwise, to hold, administer and
transfer property, both movable and immovable, and to enter into any contract
and shall, by the said name, sue and be sued. (1)
A Panchayat shall consist of
-- (a)
a Sarpanch; and (2)
directly elected Panchas
from as many wards as are determined under sub-section (2). (3)
The State Government shall,
in accordance with such rules as may be framed in this behalf, determine the
number of wards for each Panchayat Circle, and thereupon so divide the
Panchayat Circle into single member wards that the population of each ward is,
so far as practicable, the same throughout the Panchayat Circle. (1)
A Panchayat Samiti shall
consist of-- (a)
directly elected members
from as many territorial constituencies as are determined under sub-section
(2); (b)
all members of the
Legislative Assembly of the State representing constituencies which comprise
wholly or partly the Panchayat Samiti area; and (c)
chairpersons of all the
Panchayats falling within the Panchayat Samiti. Provided that the
members referred to in clause (b) and (c) shall have a right to vote in all
meetings of the Panchayat Samiti except those for election and removal of the
Pradhan or Up-pradhan. (2)
The State Government shall,
in a accordance with such rules as may be framed in this behalf, determine the
number of territorial constituencies for each Panchayat Samiti area and
thereupon so divide such area into single member territorial constituencies
that the population of each territorial constituency is, so far as practicable,
the same throughout the Panchayat Samiti area: Provided that a
Panchayat Samiti area having population not exceeding one lakh shall consist of
fifteen constituencies and in case of a Panchayat Samiti area whose population
exceeds on lakh, then for every fifteen thousand or part thereof in excess of
one lakh, the said number of fifteen shall be increased by two. (1)
A Zila Parishad shall
consist of- (a)
directly elected members
from as many territorial constituencies as are determined under sub-section
(2); (b)
all members of the Lok Sabha
and of the State Legislative Assembly representing constituencies which comprise
wholly or partly the Zila Parishad area; (c)
all members of the Rajya
Sabha registered as electors within the Zila Parishad area: (d)
chairpersons of all
Panchayat Samities falling within the Zila Parishad area; Provided that the
members referred to in clauses (b), (c) and (d) shall have a right to vote in
all meeting of the Zila Parishad except those for election and removal of the
Pramukh or the Up-pramukh. (2)
The State Government shall,
in accordance with such rules as may be framed in this behalf, determine the
number of territorial constituencies of each Zila Parishad area and thereupon
so divide such area into single member territorial constituencies that the
population of each territorial constituency is, so far as practicable, the same
throughout the Zila Parishad area: Provided that a Zila
Parishad area having population not exceeding four lakhs shall consist of
seventeen constituencies and in case of a Zila Parishad area whose population
exceeds four lakhs, then for every one lakh or part thereof in excess of four
lakhs, the said number of seventeen shall be increased by two. (1)
Seats to be filled by direct
election in a Panchayati Raj Institution shall be reserved for -- (a)
the Scheduled Castes; (b)
the Scheduled Tribes; and (c)
the Backward Classes, as
also for women in accordance with the provisions contained in the succeeding
sub-sections. (2)
The number of seats reserved
for the Scheduled Castes and the Scheduled Tribes, shall bear, as nearly as may
be, the same proportion to the total number of seats to be filled by direct
election in a Panchayati Raj Institution as the population of such Castes or,
as the case may be, such Tribes in that Panchayati Raj Institution area bears
to the total population of the area. (3)
Such percentage, not
exceeding twenty one, of seats in a Panchayati Raj Institution at each level
shall be reserved for Backward Classes as the percentage of the combined rural
population of Scheduled Castes and Scheduled Tribes in the concerned district
in relation to the total rural population of the district falls short of fifty. Provided that at
least one seat shall be reserved in each Panchayati Raj Institution at each
level for Backward Classes where the combined rural population of Scheduled
Castes and Scheduled Tribes in the concerned district does not exceed seventy
percent of the total rural population of the district. (4)
Seats reserved in accordance
with the provisions contained in the preceding sub-sections may be allotted by
rotation to different wards or, as the case may be, different constituencies in
the concerned Panchayati Raj Institution.; (5)
Not less than one-third of
the total number of seats reserved under sub-sections (2) and (3) shall be
reserved for women belonging to the Scheduled Castes, the Scheduled Tribes or,
as the case may be, the Backward Classes. (6)
Not less than one-third
(including the number of seats reserved for women belonging to the Scheduled
Castes, the Scheduled Tribes and the Backward Classes) of the total number of
seats to be filled by direct election in every Panchayati Raj Institution shall
be reserved for women and such seats may be allotted by rotation to different
wards or, as the case may be, constituencies in the concerned Panchayati Raj
Institution in such manner as may be prescribed. (1)
The offices of the
Sarpanchas, the Pradhans and the Pramukhs shall be reserved for - (a)
the Scheduled Caste (b)
the Scheduled Tribes and (c)
the Backward Classes,as also
for women in accordance with the provisions contained in the succeeding
sub-sections; (2)
The number of each of such
offices reserved for the Scheduled Castes and the Scheduled Tribes shall bear,
as nearly as may be, the same proportion to the total number of each of such
offices in the State as the population of such Castes or, as the case may be,
such Tribes in the State bears to the total population of the State. (3)
Such percentage, not
exceeding twenty one of offices of Sarpanch or Pradhan in a Panchayat Samiti or
Zila Parishad, as the case may be, shall be reserved for Backward Classes, as
the percentage of the combined population of Scheduled Castes and Scheduled
Tribes in the Panchayat Samiti or Zila Parishad area in relation to the
population of such Panchayat Samiti or Zila Parishad area, as the case may be,
falls short of fifty. Provided that at
least one office of Sarpanch or Pradhan in a Panchayat Samiti or Zila Parishad
shall be reserved for Backward Classes where the combined population of
Scheduled Castes and Scheduled Tribes in the Panchayat Samiti or Zila Parishad
area, as the case may be, does not exceed seventy percent of the total
population of the Panchayat Samiti or Zila Parishad area. (4)
twenty one percent of the
total number of offices of Pramukh in the State shall be reserved for the
Backward Classes. (5)
Not less than one-third of
the total number of offices of Sarpanchas, Pradhans and Pramukhs in the State
shall be reserved for women. (6)
Offices reserved under this
section shall be allotted by rotation to different Panchayats, Panchayat
Samities and Zila Parishads in the State in such manner as may be prescribed. Explanation.- If a
fraction forms part of the number of seats computed under section 15 or offices
computed under this section, the number of seats or offices, as the case may
be, shall be increased to the next higher number in case the fraction consists
of half or more of a seat or office and the fraction shall be ignored in case
it consists of less than half of a seat or office. (1)
Every Panchayati Raj
Institution, unless sooner dissolved under this Act, shall continue for five
years from the date of the first meeting of the respective institutions and no
longer. Explanation- The
meeting held for the election of Chairperson of a Zila Parishad or Panchayat
Samiti or, as the case may be, of up-Sarpanch of a Panchayat shall be deemed to
be the first meeting of the respective Panchayati Raj Institution. (2)
The superintendence,
direction and control of the preparation of electoral rolls for, and the
conduct of, all elections to the Panchayati Raj Institutions shall be vested in
the State Election Commission. (3)
The election to constitute a
Panchayati Raj Institution shall be completed - (a)
before the expiration of its
duration specified in sub-section (1); and (b)
in the case of dissolution,
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 Panchayati Raj Institution
would have continued is less than six months, it shall not be necessary to hold
any election under this clause for constituting the Panchayati Raj Institution
for such period. (4)
A Panchayati Raj Institution
constituted upon its dissolution before the expiration of its duration, shall
continue only for the remainder of the period for which it would have continued
under sub-section (1) had it not been so dissolved. (5)
The State Government may,
from time to time, make provisions by rules with respect to all matters
relating to or in connection with the election to the Panchayati Raj
Institutions including those in relation to the preparation of electoral rolls,
the delimitation of wards or constituencies and all other matters necessary for
securing the due constitution of such institutions. (1)
For each of the wards or
constituencies into which the area of a Panchayati Raj Institution is divided
under this Act, there shall be prepared and maintained in the prescribed manner
by or under the supervision of the State Election Commission an electoral roll
thereof. (2)
Subject to the provisions of
Sub-sec. (3) to (6), every person who - (a)
is not less than eighteen
years of age on the qualifying date, and (b)
is ordinarily resident in a
ward or constituency of the Panchayati Raj Institution concerned. shall be
entitled to be registered in the electoral roll for the ward of constituency. Explanation- (i)
"Qualifying date", in relation to the preparation or revision of
every electoral roll under this Act, means the 1st day of January of the year
in which it is so prepared or revised. (ii) A person shall
not be deemed to be ordinarily resident in a ward or constituency on the ground
only that he owns, or is in possession of, a dwelling house therein. (iii) A person
absenting himself temporarily from his place of ordinary residence shall not,
by reason thereof, cease to be ordinarily resident therein. (iv) A member of
Parliament or of the State Legislature shall not, during the term of his
office, cease to be ordinarily resident in the ward or constituency in the
electoral roll of which he is registered as an elector at the time of his election
as such member, by reason only of his absence from that ward or constituency in
connection with his duties as such member. (v) A person who is a
patient in any establishment maintained wholly or mainly for the treatment of
persons suffering from mental illness or any other illness involving long
treatment or who is detained in prison or in legal custody at any other place,
or is residing in a hostel for study or is residing in a hotel etc., as a
casual visitor shall not, by reason thereof, be deemed to be ordinarily
resident therein. (vi) If in any case a
question arises as to where a person is ordinarily resident at any relevant
time, the question 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. (3)
A person shall be
disqualified for registration in the electoral rull for the ward or
constituency 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. (4)
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 or constituency by
reason of a disqualification under Clauses (c) of Sub-sec. (3) 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. (5)
No person shall be entitled
to be registered in the electoral roll for more than one ward or constituency
of any Panchayati Raj Institution in the State. (6)
No person shall be entitled
to be registered in the electoral roll of a ward or constituency more than
once. 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 be punishable, with imprisonment for a
term which may extend to one year, or with fine, or with both. (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 be punishable with imprisonment for a term which
shall not be less than three months but which may extend to two years and with
fine. (2)
No suit or other legal
proceeding 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 sub-section (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 Collector concerned. (1)
Except as expressly provided
by this Act, every person, who is registered in the electoral roll of any ward
or constituency of a Panchayati Raj Institution, shall be entitled to vote in
that ward or constituency. (2)
No person shall vote at an
election in any ward or constituency if he is subject to any of the
disqualifications referred to in Sub-sec. (3) of Sec.18. (3)
No person shall at any
election vote in more than one ward or constituency and if a person votes in
more than one ward or constituency, his votes in all the wards or
constituencies shall be deemed to be void. Explanation- Election
for Panch or Sarpanch or member of a Panchayat Samiti or member of a Zila
Parishad, when held simultaneously, shall be deemed as separate elections. (4)
No person shall at any
election vote in the same ward or constituency 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 deemed to 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. Every person
registered as a voter in the list of voters of a Panchayati Raj Institution
shall be qualified for election as a Panch or, as the case may be, a member of
such Panchayati Raj Institution unless such person- (a)
is disqualified by or under
any law for the time being in force for the purposes of election to the
Legislature of the State of Rajasthan: Provided that no
person shall be disqualified on the ground that he is less than 25 years of age
if he has attained the age of 21 years; (aa)
is found guilty of a corrupt practice by order of a competent Court, consequent
upon an election petition filed under and in accordance with the provisions of
this Act or rules made theeunder. (b)
holds a salaried whole-time
or part-time appointment under a local authority a university or any
corporation, body, Enterprises or Co-operative Society, which is either
controlled or wholly or partly financed by the State Government; (c)
has been dismissed from
State Government service for misconduct involving moral turpitude and has been
declared to be disqualified for employment in the public service; (d)
hold any salaried post or
place of profit under any Panchayati Raj Institution; (e)
has directly or indirectly
by himself or by his partner, employer or employees, any share or interest in
any contract with, by or on behalf of the Panchayati Raj Institution concerned
while owning such share or interest in any work done for; (f)
is a leper or is suffering
form any other bodily or mental defect or disease rendering him incapable for
work; (g)
has been convicted of any
offence by a competent Court and sentenced to imprisonment for six months or
more, such sentence not having been subsequently reversed or remitted or the
offender pardoned; (gg)
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; (h)
is for the time being
ineligible for election under section 38; (i)
has not paid, for two months
from the date of the presentation of the notice of demand therefor, the amount
of any tax or fees imposed by the Panchayati Raj Institution concerned; (j)
is employed as a legal
practitioner on behalf of or against the Panchayati Raj Institution concerned; (k)
has been convicted of an
offence punishable under the Rajasthan Prevention of Mrityu Bhoj Act, 1960; (l)
has more than two children ;
and (m)
earlier having been a
Chairperson/Deputy Chairperson of any Panchayati Raj Institution has not paid
dues even after the expiry of a period of two months from the date of notice,
for depositing the dues of the Panchayati Raj Institution, was duly served upon
such Chairperson/Deputy Chairperson and his name is included in the list of
such defaulters supplied by the State Government to the Collector (Panchayats)
at least two months before the issue of notification for election to such
Panchayati Raj Institution; (n)
in case of a seat reserved
for the Scheduled Castes or Scheduled Tribes or Backward Classeses of the
State, is not a member of any of those Castes, or Tribes or classes, as the
case may be, (o)
In case of a seat reserved
for the women, is not a woman; and (p)
in case of a seat reserved
for women belonging to Scheduled Caste or Scheduled Tribe or Backward Classes,
is not a member of any of these Castes or Tribes or classes, as the case may
be, and is not a woman: Provided that- (i)
a person shall not, by
reason only of his being a share-holder in or a member of any incorporated
company or a co-operative society registered under the law for the time being
in force in the State of Rajasthan, be held to be interested in any contract
entered between the company or co-operative society and the Panchayati Raj
Institution; (ia) for the purpose of Clause (aa), a person shall be
deemed to be disqualified for a period of six years from the date of order
referred to in Clause (aa); (ii)
for the purpose of clauses
(c), (g) and (k) any person shall become eligible for election after a lapse of
six years from the date of his dismissal or the date of conviction, as the case
may be; (iii)
for the purpose of clause
(i), a person shall not be deemed to be disqualified if he has paid the amount
of the tax or fee due from him before the date of filling his nomination
papers; (iv)
the birth during the period
from the date of commencement of the Act, hereinafter in this proviso referred
to as the date of such commencement, to 27th November, 1995, of an additional
child shall not be taken into consideration for the purpose of the
disqualification mentioned in clause (1) and a person having more than two
children (excluding the child if any, born during the period form the date of
such commencement to 27th November, 1995) shall not be disqualified under that
clause for so long as the number of children he had on the date of commencement
of this Act does not increase (v)
for the purpose of Clause
(m), a Chairperson/Deputy Chairperson shall not be deemed to be disqualified if
he pays the amount due from him before filling his nomination papers. Explanation.- For the
purpose of clause (1) of section 19, where the person has only one child from
the earlier delivery or deliveries on the date of commencement of this Act and
thereafter, any number of children born out of a single subsequent delivery
shall be deemed to be one entity. (1)
Notwithstanding anything contained
in any other provisions of this Act, a person shall not be entitled to contest
election,- (a)
for more than one ward, in
case of election of a Panch; (b)
for the seat of Panch in
that Panchayat if he contests election as a Sarpanch; (c)
for more than one constituency
of a Panchayat samiti, in case of election of a member of that Panchayat
Samiti; (d)
for more than one
constituency of a Zila Parishad, in a case of election of member of that Zila
Parishad; (2)
Every person who may have
filed his nomination for seats to a Panchayati Raj Institution for more than
one ward or constituency, as tha case may be, in contravention of Sub-sec. (1),
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 the time and date fixed for withdrawal of nomination: Provided that if a
person fails to withdraw his candidature as specified above, he shall be deemed
to have withdrawn his candidature from all the seats to which he may have filed
his nomination. (1)
No person shall, save as
expressly authorised by this Act, be a member of two or more Panchayati Raj
Institutions. (2)
Where a person while being a
member of one Panchayati Raj Institution, intends to contest as a candidate for
membership of another Panchayati Raj Institution, he may stand as a candidate
for such membership notwithstanding anything contained in sub-section (1): Provided that if he
is chosen for the seat for which he contested a candidate, the seat already
held by him shall become vacant on the date on which he is so chosen unless the
seat so held is in another Panchayati Raj Institution and the term of that Panchayati
Raj Institution is to expire within a period of four months from the date on
which he is so chosen. (3)
If any person is
simultaneously chosen as a member of two or more Panchayati Raj Institutions,
the person shall, within fourteen days from the date or the latter of the dates
on which he is so chosen, intimate to the competent authority, one of the
Panchayati Raj Institutions in which he wishes to serve and thereupon his seat
in the Panchayati Raj Institution other than the one in which he wishes to
serve, shall become vacant. (4)
Any intimation given under
sub-section (3) shall be final and irrevocable. (5)
In default of intimation
referred to in sub-section (3) within the aforesaid period, the competent
authority shall determine the seat which he shall retain and thereupon the
remaining seat from which he was chosen, shall become vacant. No. person shall
remain both the Chairperson, Deputy Chairperson ormember of a Panchayati Raj
Institution and a member of Parliament or a State Legislature or a Municipal
Board or a Municipal Council or a Municipal Corporation and if a person who is
already a member of Parliament or a State Legislature or a member of a
Municipal Board or a Municipal Council or a Municipal Corporation is elected as
such Chairperson, Deputy Chairperson ormember, then, at the expiration of
fourteen days from the date of being elected as such Chairperson, Deputy
Chairperson ormember, he shall cease to be such Chairperson, Deputy Chairperson
ormember, unless he has previously resigned his seat in the Parliament or the
State Legislature or Municipal Board or the Municipal Council or the Municipal
Corporation, as the case may be: Provided that if a
person, who is already the Chairperson, Deputy Chairperson ormember, of a
Panchayati Raj Institution, is elected as a member of Parliament or the State
Legislature or a Municipal Board or a Municipal Council or a Municipal
Corporation, then, at the expiration of fourteen days from the date of being
elected as a member of Parliament or the State Legislature or a Municipal Board
or a Municipal Council or a Municipal Corporation, as the case may be, he shall
cease to be such Chairperson, Deputy Chairperson ormember, unless he has
previously resigned his seat in the Parliament or the State Legislature or the
Municipal Board or the Municipal Council or the Municipal Corporation, as the
case may be. The provisions of
sections 125, 126, 127, 127-A, 128, 129, 130, 131, 132, 132-A, 133, 134, 134-A,
134-B, 135, 135-A, 135-B, 135-C and 136 of the Representation of the People
Act, 1951 (Central Act XLIII 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 included references to a ward or a constituency of a Panchayati Raj
Institution; and (c)
in section 134 and 136
thereof, for the words "by or under this Act", the words and figures
"by or under the Rajasthan Panchayati Raj Act, 1994" were
substituted. (d)
in Sub-sec. (1) of Sec.
135-B, for the words "House of the People or the Legislative Assembly of a
State", the words "Panchayati Raj Institution" were substituted. (1)
The State Election
Commission may impose reasonable restrictions on the use of vehicles or loud
speakers or on displaying of cut-outs, hoardings, posters and banners by any
candidate or his duly authorised election agent during the period of election
commencing from the date of publication of notification for election to the
Panchayati Raj Institution and ending on the date on which the whole process of
election is completed. (2)
If any candidate or his duly
authorised election agent contravenes any of the restrictions imposed by the
State Election Commission under Sub-sec. (1), he shall, on conviction, be
punishable with a fine which may extend to Rs. 2000/-. (3)
Every person punished under
Sub-sec. (1) shall, by an order of the Commission, be liable to the
disqualified for being chosen as or for being a member of any Panchayati Raj
Institution for a period which may extend to six years from the date of such
order : Provided that 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-sec. (2) except on the complaint
made by an officer authorised in this behalf by any general or special order,
by the State Election Commission. The names of persons,
whether elected as members of a Panchayati Raj Institution or as Chairpersons
or Deputy Chairpersons of such Institutions shall be published in the
prescribed manner. Every member or Chairperson
or Deputy Chairperson of a Panchayati Raj Institution shall, before entering
upon his duties as such, make and subscribe before the competent authority an
oath or affirmation in the prescribed form. (1)
Whenever the election of a
member or Chairperson or Deputy Chairperson of a Panchayati Raj Institution has
been declared to be void, or whenever such member or Chairperson or Deputy
Chairperson- (i)
is not found qualified or
becomes disqualified under section 19 to hold his office, or (ii)
ceases to be so under the
provisions of this Act, or (iii)
is not found qualified or
becomes disqualified under section 19 to hold his office, or (iv)
ceases to be so under the
provisions of this Act, or (v)
fails to make the prescribed
oath or affirmation in accordance with the provisions of this Act, or (vi)
is removed from office or is
suspended under section 38, or (vii)
resigns his office under
section 36, or (viii)
Whenever a motion of
no-confidence is passed against the Chairperson or the Deputy Chairperson of a
Panchayati Raj Institution under section 37; or (ix)
Whenever the term of office
of a Panchayati Raj Institution expires or the election of all the members of a
Panchayati Raj Institution with or without the Chairperson has been declared
void, or such election or the proceedings subsequent thereto have been stayed
by an order of a competent court; or (x)
Whenever a Panchayati Raj
Institution is dissolved under this Act, Such member or Chairperson or Deputy
Chairperson or all or any of them shall forthwith handover 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 member, to
the Chairperson of the Panchayati Raj Institution concerned; (b)
in the case of a
Chairperson, to the Deputy Chairperson of such Panchayati Raj Institution or,
where there is no such Deputy Chairperson, to such member of such Panchayati
Raj Institution or other person as the competent authority may direct ; Provided that charge
of office of any Chairperson who was elected to an office reserved for the
persons belonging to Scheduled Castes or the Scheduled Tribes or the Backeard
Classes or for Women, shall be handed over as per directions of the Competent Authority,
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 member not belonging to the aforesaid categories. (c)
in the case of a Deputy
Chairperson, to the Chairperson of the Panchayati Raj Institution concerned or,
where there is no such Chairperson, to such member of such Panchayati Raj
Institution or other person as the competent authority may direct; (d)
in the case of a Panchayati
Raj Institution of which the term of office has expired, to such new Panchayati
Raj Institution as has been constituted; and (e)
in the case of a Panchayati
Raj Institution dissolved under this Act, to the Administrator appointed under
section 95. (2)
Upon the election or
appointment of a new member or Chairperson or Deputy Chairperson or upon the
constitution of a new Panchayati Raj Institution, and after the oath or
affirmation of office required by this Act has been duly made, the person
holding, on the date on which such oath or affirmation is made, charge of the
office of such member or Chairperson or Deputy Chairperson or the Panchayati
Raj Institution shall in pursuance of sub-section (1), forthwith handover to
the person so elected or to the Panchayati Raj Institution so constituted, as
the case may be, the charge of office including all papers and properties
pertaining to such office in his actual possession or occupation. (3)
If any person fails or
refuses to handover charge of office as required under sub-section (1) or
sub-section (2), the competent authority may, by order in writing, direct the
person so failing or refusing to hand over such charge forthwith to the person
or persons entitled thereto under sub-section (1) or sub-section (2), as the
case may be. (4)
If the person to whom a
direction has been issued under sub-section (3) fails to comply with the
direction, he shall, on conviction, be punished with imprisonment for a term
not exceeding one year or with fine not exceeding one thousand rupees or with
both. (5)
Any officer empowered by the
competent authority in this behalf may, without prejudice to any action that
has been or may be taken under sub-section (4) use such force as may be deemed
necessary for enforcing the provisions of sub-sections (1) and (2) and may for
that purpose invoke in the prescribed manner the assistance of the police or
the nearest Magistrate competent to do so. (1)
Every Panchayat shall have a
Sarpanch who must be a person qualified to be elected as a Panch and shall be
elected by the electors of the whole Panchayat Circle in the prescribed manner. (2)
If the electors of a
Panchayat Circle fail to elect Sarpanch in accordance with this section or if
the Panchas fail to elect an Up-Sarpanch, the State Government shall appoint a
person to the vacancy till vacancy is filled up by election within a period of
six months and the person so appointed shall be deemed to be a duly elected
Sarpanch or Up-Sarpanch, as the case may be. (1)
Every Panchayat shall have
an Up-Sarpanch. (2)
On the establishment of a
Panchayat for the first time under this Act, or on its reconstitution or
establishment thereafter, a meeting of the Panchayat shall be called
immediately by the competent authority who shall himself preside over the
meeting, but shall have no right to vote, and in such meeting the Up-Sarpanch
shall be elected. (1)
The elected members of the
Panchayat Samiti shall, as soon as may be, choose two members from amongst
themselves to be respectively the Pradhan and Up-Pradhan thereof, and so often
as there is a casual vacancy in the office of Pradhan or Up-Pradhan, they shall
choose another member from amongst themselves to be the Pradhan or Up-Pradhan,
as the case may be: Provided that no
election shall be held if a vacancy is for a period of less than one month. (2)
The election of Pradhan and
Up-Pradhan and the filling up of the vacancies in the said offices shall be in
accordance with such rules as may be made. (1)
The elected members of the
Zila Parishad shall, as soon as may be, choose two members from amongst
themselves to be respectively the Pramukh and Up-Pramukh thereof and so often
as there is a casual vacancy in the office of the Pramukh or Up-Pramukh, they shall
choose another member from amongst themselves to be the Pramukh or Up-Pramukh,
as the case may be: Provided that no
election shall be held if a vacancy is for a period of less than one month. (2)
The election of the Pramukh
or the Up-Pramukh of a Zila Parishad and the filling up of vacancies in the
said offices shall be in accordance with such rules as may be made. Except as otherwise
provided in this Act,- (a)
the members and the
chairpersons of a Panchayati Raj Institution shall hold office during the term
of the concerned Panchayati Raj Institution; and (b)
the deputy chairperson of a
Panchayati Raj Institution shall hold office as long as he continues to be a
member of the concerned Panchayati Raj Institution. The Member of a
Panchayati Raj Institution, including the Chairperson and Deputy Chairperson of
such institution as also the members of any committees or sub-committees of
such institution including any Chairman thereof shall be paid such allowances
at such rates in such circumstances and subject to such terms and conditions as
may be prescribed : Provided that only
one allowances shall be admissible for one day. (1)
The Sarpanch Shall- (a)
be responsible for convening
the meetings of the Gram Sabha and preside over such meetings. (b)
be responsible for convening
the meetings of the Panchayat and shall preside over and regulate such
meetings; (c)
be responsible for the
maintenance of records, of the Panchayat; (d)
have the general
responsibility for the financial and executive administration of the Panchayat; (e)
exercise administrative
supervision and control over the work of the staff of the Panchayat and the
officers and employees whose services may be placed at the disposal of the
Panchayat by any other authority; (f)
for the transaction of
business connected with this Act or for the purpose of making any order
authorised thereby, exercise such powers, perform such functions and discharge
such duties as may be exercised, performed or discharged by the Panchayat under
this Act or the rules made there under (g)
furnish to the State
Government or the officer incharge of Panchayats such reports, returns and
record, whether periodical or otherwise, as may be prescribed or as may from
time to time to be called for; and (h)
exercise such other powers,
perform such other functions and discharge such other duties as the Panchayat
may, by a resolution, direct or as the Government may, by rules made in this
behalf, prescribe. (2)
The Up-Sarpanch shall- (a)
exercise such of the powers,
perform such of the functions and discharge such of the duties of Sarpanch as
the Sarpanch may, from time to time, subject to rules made in this behalf by
the Government, delegate to him by order in writing; (b)
in the absence of the
Sarpanch, due either to his office remaining vacant or otherwise, exercise all
the powers, perform all the functions and discharge all the duties of the
Sarpanch; and (c)
exercise such other powers,
perform such other functions and discharge such other duties as the Panchayat
may, by resolution, direct or the Government may, by rules made in this behalf,
perscribe. (3)
In the absence of both the
Sarpanch and the Up-Sarpanch due either to their offices remaining vacant or
otherwise the powers, functions and duties of the Sarpanch shall be exercised,
performed and discharged by such elected member of the Panchayat and in such
manner as the competent authority may direct. Provided that- (i)
the Sarpanch shall exercise
powers and perform functions and duties under Clause (d) to (h); or (ii)
the Up-Sarpanch shall
exercise powers and perform functions and duties in accordance with Sub-sec.
(2); or (iii)
and elected member of the
Panchayat empowered to act in accordance with Sec-sec. (4)
shall exercise powers and
perform functions and duties of a Sarpanch; only after seeking prior approval
of the Administration and Establishment Committee constituted under Sec. 55-A
if the State Government so directs by notification in the Official Gazette. The Pradhan Shall- (a)
convene, preside, and
conduct meetings of the Panchayat Samiti; (b)
have full access to all its
records; (c)
discharge all duties imposed
and exercise all the powers conferred on him under this Act and the rules made
thereunder and perform such functions as are entrusted to him by the Government
from time to time; (d)
encourage the growth of
initiative and enthusiasm in the Panchayats and provide and provide to them
guidance in the plans and production programmes undertaken by them and help the
growth of co-operation and voluntary organisation therein; (e)
exercise supervision &
control over the Vikas Adhikari and Block Elementary Education Officer for
securing implementation of such resolutions or decisions of the Panchayat
Samiti or of the Standing Committees thereof as are not inconsistent with the
provisions of this Act or any general or specific directions issued under this
Act; (f)
exercise overall supervision
over the financial and executive administration of the Panchayat Samiti and
place before the Panchayat Samiti all questions connected therewith which shall
appear to him to require its orders and for this purpose may call for records
of Panchayat Samiti; or (g)
have emergency power to
accord sanction upto a total sum of twenty-five thousand rupees in a year in
consultation with Vikas Adhikari for the purpose of providing immediate relief
to those who are affected by the natural calamities in the Panchayat Samiti
area : Provided that the
Pradhan shall place at the next meeting of the Panchayat Samiti for its
ratification, the details of such sanctions. (1)
The Up-Pradhan of a
Panchayat Samiti Shall- (a)
in the absence of the
Pradhan preside at the meeting of the Panchayat Samiti; (b)
exercise such power and
perform such duties of the Pradhan of the Panchayat Samiti as the Pradhan from
time to time may subject to the rules made by the Government in that behalf,
delegate to him an order in writing; and (c)
pending the election of the
Pradhan, or during the absence of the Pradhan from the Panchayat Samiti Area,
by reason of leave for a period exceeding thirty days, exercise the powers and
perform the duties of the Pradhan. (2)
In the absence of both the
Pradhan and the Up-Pradhan, due either to their offices remaining vacant or
otherwise, the powers, functions and duties of the Pradhan shall be exercised,
performed and discharged by such elected member of the Panchayat Samiti and in
such manner as the competent authority may direct. (1)
The Pradhan Shall- exercise
powers conferred under Clause (b) to (g) of Sec. 33 only after seeking prior
approval of the Administration and Establishment Committee constituted under
Sec. 56 if the State Government so directs by notification in the Official
Gazette. (2)
The Up-Pradhan shall
exercise powers conferred under Clauses (b) and (c) of Sub-sec. (1) of Sec. 34
only after seeking prior approval of Administration and Establishment Committee
constituted under Sec. 56 if the State Government so directs by notification in
the Official Gazette. (3)
An elected member of the
Panchayat Samiti empowered to act as Pradhan under Subsec. (2) of Sec. 34,
shall exercise powers, perform functions and discharge duties of Pradhan only
after seeking prior approval of the Administration and Establishment Committee
constituted under Sec. 56 if the State Government so directs by notification in
the Official Gazette. (1)
The Pramukh Shall- (a)
perform all the duties
imposed and exercise all the powers conferred on the Pramukh under this Act
& rules made thereunder. (b)
convene, and preside over
and conduct meetings of the Zila Parishad; (c)
exercise administrative
supervision and control over the Chief Executive Officer and District Education
Officer and through them, all officers and other employees of the Zila Parishad
and the officers and employees whose services may be placed at the disposal of
the Zila Parishad by the State Government and have full access to its records; (d)
exercise such other powers,
perform such other functions and discharge such other duties as the Zila
Parishad may, by a resolution, direct or as the Government may, by rules made
in this behalf, prescribe : (e)
exercise overall supervision
over the financial and executive administration of the Zila Parishad and place
before Zila Parishad all questions connected therewith which shall appeal to
him to require its orders and for this purpose may call for records of the Zila
Parishad; (f)
have power to accord
sanction upto a total sum of rupees one lakh in a year, in consultation with
the Chief Executive Officer, for the purpose of providing immediate relief to
those who are affected by natural calamities in the district : (g)
encourage the growth of
initiative and enthusiasm in the Panchayats and provide to them guidance in the
plans and production programmes undertaken by them and help the growth of
co-operative voluntary organisations therein; (h)
exercise such other powers
as are conferred on him by or under this Act or as may be delegated to him; and (i)
in order to enable him to
assess the activities of the Panchayat Samitis in the district and study their
programmes and problems, may, from time to time. (i)
visit the blocks in the
district, and (ii)
inspect the works undertaken
and the records maintained by the Panchayat Samitis in the district as well as
the working thereof general with a view to guiding and tendering advice to the
Panchayat Samitis, their Pradhans, their Vikas Adhikaris and their members, so
as to develop healthy relations among them as well as between the Panchayat Samitis
and Panchayats in each block and increase the production programmes in
accordance with the broad policies laid down in that behalf. A report of such
inspections and activities shall be made by the Pramukh to the Zila Parishad
with particular reference to any defects that he may have noticed; and (j)
at the end of every year,
send a report as to the work of the Chief Executive Officer during that year to
the Director, Panchayati Raj and Rural Development who shall append the
comments with the Confidential Report of the Chief Executive Officer. (2)
The Up-Pramukh shall- (a)
in the absence of the
Pramukh, preside over the meetings of the Zila Parishad; (b)
exercise such powers and
perform such functions and discharge such duties of the Pramukh as the Pramukh
may, from time to time, subject to such rules, as may be made, delegate to him
by order in writing; and (c)
pending the election of a
Pramukh or during the absence of the Pramukh from the district, or by reason of
leave for a period exceeding thirty days, exercise the powers and perform the
duties of the Pramukh. (3)
In the absence of both the
Pramukh and the Up-Pramukh, due either to their offices remaining vacant or
otherwise, the power, functions and duties of the Pramukh shall be exercise,
performed and discharged by such elected member of the Zila Parisha and in such
manner as the competent authority may direct. (1)
The Pramukh Shall exercise
powers conferred under Clause (a) and Clauses (c) to (h) of Sub-sec. (1) of
Sec. 35, only after seeking prior approval of the Administration Establishment
Committee constituted under Sec. 57 if the State Government so directs by
notification in the Official Gazette. (2)
The Up-Pramukh shall
exercise powers conferred under Clauses (b) and (c) of Subsec. (2) of Sec. 35,
only after seeking prior approval of the Administration and Establishment
Committee constituted under Sec. 57 if the State Government so directs by
notifications in the Official Gazette. (3)
An elected member of the
Zila Parishad empowered to act as a Pramukh under Subsec. (3) of Sec. 35 shall
exercise powers, perform function and discharge duties of a Pramukh conferred
under Clause (a) and Clause (c) to (h) of Sub-sec. (1) of Sec. 35, only after
seeking prior approval of the Administration and Establishment Committee
constituted under Sec. 57 of tje State Government so directs by notification in
the Official Gazette. (1)
The Sarpanch, Up-Sarpanch or
Panch may resign his office by writing under his hand addressed to the Vikas
Adhikari. (2)
A member holding office as
Pradhan of the Panchayat Samiti may resign his office at any time by writing
under his hand addressed to the Pramukh, Zila Parishad and the Up-Pradhan or a
member of a Panchayat Samiti may resign his office at any time by writing under
his hand addressed to the Pradhan, Panchayat Samiti. (3)
The Pramukh may resign his
office by writing under his hand addressed to the Divisional Commissioner, and
the Up-Pramukh or a member, Zila Parishad may resign his office by writing
under his hand addressed to the Pramukh. (4)
Every resignation under
sub-section (1), (2), and (3) shall take effect on the expiry of fifteen days
from the date of its receipt by the authority aforesaid unless withdrawn within
this period of fifteen days. (5)
Every Up-Sarpanch, Pradhan,
Up-Pradhan, Pramukh and Up-Pramukh shall vacate the office if he ceases to be a
member of Panchayat or, as the case may be, a Panchayat Samiti or a Zila
Parishad. (1)
A motion expressing want of
confidence in the chairperson or deputy chairperson of a Panchayati Raj
Institution may be made in accordance with the procedure laid down in the
following sub-sections. (2)
A written notice of
intention to make the motion in such form as may be prescribed, signed by not
less than one-third of the directly elected members of the Panchayati Raj
Institution concerned together with a copy of the proposed motion, shall be
delivered in person by any one of the members signing the notice to the
competent authority. (3)
The competent authority
shall thereupon - (i)
forward a copy of the
notice, together with a copy of the proposed motion to the Panchayat in the
case of a Sarpanch or Up-Sarpanch, to the Panchayat Samiti, in the case of a
Pradhan or Up-Pradhan and to the Zila Parishad in the case of a Pramukh or
Up-Pramukh; (ii)
convene a meeting for the
consideration of the motion at the office of the concerned Panchayati Raj
Institution on a date appointed by him which shall not be later than thirty
days from the date on which the notice under sub-section (1) was delivered to
him; and (iii)
give to the members a notice
of not less than seven clear days of such meeting in such manner as may be
prescribed. Explanation.- In
computing the period of thirty days specified in this sub-section, the period
during which the convening of a meeting is stayed by a court shall be excluded. (4)
The competent authority
shall preside at such meeting: Provided that if, for
reasons to be recorded in writing, he is unable to do so, the officer nominated
by him shall so preside. (5)
A meeting convened under
sub-section (3) shall not be adjourned. (6)
As soon as the meeting
convened under this section commences, the presiding officer shall read to the
members present, the motion for the consideration of which the meeting has been
convened and declare it to be open for debate. (7)
No debate on the motion
under this section shall be adjourned. (8)
Such debate shall
automatically terminate on the expiration of two hours from the time appointed
for the commencement of the meeting, if it is not concluded earlier. On the
conclusion of the debate or on the expiration of the said period of two hours,
whichever is earlier, the motion shall be put to vote. (9)
The presiding officer shall
not speak on the merits of the motion and he shall not be entitled to vote
thereon. (10)
A copy of the minutes of the
meeting together with a copy of the motion and the result of the voting
thereon, shall, on the termination of the meeting be forwarded forthwith by the
presiding officer in the case of the chairperson or the deputy chairperson- (a)
of a Panchayat, to the
concerned Panchayat and the Panchayat Samiti having jurisdiction on such
Panchayat; (b)
of a Panchayat Samiti, to
the concerned Panchayat Samiti and the Zila Parishad having jurisdiction on
such Panchayat Samiti; (c)
of a Zila Parishad, to the
concerned Zila Parishad and the State Government. (11)
If the motion is carried
with the support of not less than two-thirds of the elected members of the
concerned Panchayati Raj Institution-- (a)
the presiding officer shall
cause the fact to be published by affixing a notice thereof on the notice board
of the office of the concerned Panchayati Raj Institution and by notifying the
same in the Official Gazette, and (b)
the concerned chairperson or
the deputy chairperson shall cease to hold office as such and vacate the office
on and from the date on which the said notice is affixed on the notice board of
the office aforesaid. (12)
If the motion is not carried
as aforesaid or if the meeting could not be held for want of a quorum, no
notice of any subsequent motion expressing want of confidence in the same
chairperson or deputy chairperson shall be made until after the expiration of
one year from the date of such meeting. (13)
No notice of motion under
this section shall be made within two years of the assumption of office by a
chairperson or deputy chairperson. (14)
The quorum to constitute a
meeting for the consideration of a no-confidence motion against the chairperson
or deputy chairperson shall be one-third of the total number of persons
entitled to vote thereat. (1)
The State Government may, by
order in writing and after giving him an opportunity of being heard and making
such enquiry as may be deemed necessary, remove from office any member
including a chairperson or a deputy chairperson of a Panchayati Raj
Institution, who- (a)
refuses to act or becomes
incapable of acting as such; or (b)
is guilty of misconduct in
the discharge of duties or any disgraceful conduct: Provided that any
enquiry under this sub-section may, even after the expiry of the term of the
Panchayati Raj Institution concerned be initiated or, if already initiated
before such expiry, be continued thereafter and in any such case, the State
Government shall, by order in writing, record its findings on the charges
levelled. (2)
The chairperson or the
deputy chairperson removed under sub-section (1) may at the discretion of the
State Government also be removed from the membership, if any of the Panchayati
Raj Institution concerned. (3)
The member or the
chairperson or the deputy chairperson removed under sub-section (1) or against
whom findings have been recorded under the proviso to that sub-section, shall
not be eligible for being chosen under this Act for a period of five years from
the date of his removal or, as the case may be, the date on which such findings
are recorded. (4)
The State Government may
suspend any member including a chairperson or a deputy chairperson of a Panchayati
Raj Institution against whom an enquiry has been initiated under sub-section
(1) or against whom any criminal proceedings in regard to an offence involving
moral turpitude is pending trial in a court of law and such person shall stand
debarred from taking part in any act or proceeding of the Panchayati Raj
Institution concerned while being under such suspension Provided that the
State Government may also suspend any Panch on the recommendation of the Ward
Sabha or a Sarpanch on the recommendation of the Gram Sabha, but the State
Government shall do so only when a resolution to that effect passed by a Ward
Sabha, or a Gram Sabha, as the case may be, is referred by the State Government
to the Collector for convening a special meeting of the Ward Sabha or the Gram
Sabha, as the case may be, for finally ascertaining the wished of the members
and the members present in the meeting so convened by the Collector and
presided over by his nominee, reaffirm the resolution seeking suspension of the
Panch or the Sarpanch, as the case may be, by a majority of two-third of the
members present and voting : Provided further that
no resolution seeking suspension of the Panch or Sarpanch shall be moved or
passed before the completion of a tenure of two years by a Panch or a Sarpanch,
as the case may be. (5)
The decision of the State
Government on any matter arising under this section shall, subject to any order
made under section 97, be final and shall not be liable to be questioned in any
court of law. (1)
A member of a Panchayati Raj
Institution shall not be eligible to continue to be such member if he - (a)
is or becomes subject to any
of the disqualifications specified in section 19; or (b)
has absented himself from
three consecutive meetings of the Panchayati Raj Institution concerned without
giving information in writing to such Panchayati Raj Institution; or (c)
is removed from the
membership; or (d)
resigns from the membership;
or (e)
dies; or (f)
fails to make the prescribed
oath or affirmation of the office of membership within three months from the
date of election or appointment. (2)
Whenever it is made to
appear to the competent authority that a member has become ineligible to
continue to be a member for any of the reasons specified in sub-section (1),
the competent authority may, after giving him an opportunity of being heard,
declare him to have become so ineligible and thereupon he shall vacate his
office as such member. Provided that until a
declaration under this sub-section is made, he shall continue to hold his
office. [xxx xxxx xxxx] [xxx xxx xxx] The event of the
office of a member or chairperson or deputy chairperson of a Panchayati Raj
Institution becoming vacant by death, removal, resignation or otherwise under
this Act shall be forthwith reported to the State Election Commission. An
election to fill the vacancy shal lbe held in such manner as may be prescribed.
The foregoing provisions of this Act shall apply to such election and the
member or the chairperson or the deputy chairperson so elected shall hold
office for the remainder of the term during which the outgoing member or the
chairperson or the deputy chairperson would have been entitled to hold office,
if the vacancy had not occured: Provided that it
shall not be necessary to fill up the vacancy if the term of such vacancy would
expire within six months from the date of the occurrence of the vacancy. (1)
An election under this Act
or the rules made thereunder may be called in question by any candidate at such
election by presenting in the prescribed manner to the District Judge having
jurisdiction a petition in this behalf on the prescribed grounds and within the
prescribed period: Provided that an
election petition presented as aforesaid may, for the reasons to be recorded in
writing, be transferred by the District Judge for hearing and disposal to a
Civil Judge or Additional Civil Judge (Senior Division) subordinate to him. (2)
A petition presented under
sub-section (1) shall be heard and disposed of in the prescribed manner and the
decision of the Judge thereon shall be final. A Panchayati Raj
Institution shall, in the conduct of its business follow such procedure as may
be prescribed. (1)
A Panchayat shall meet for
the transaction of business as often as may be necessary and at lest once a
fortnight at the office of the Panchayat and at such time as the Sarpanch may
determine. (2)
The Sarpanch may, whenever
he thinks fit, and shall, upon the written request of not less than one-third
of the total number of members and on a date within fifteen days from the
receipt of such request, call a special meeting. (3)
Seven clear days notice of
an ordinary meeting and three clear days notice of special meeting specifying
the place, date and time of such meeting and the business to be transacted
thereat, shall be given by the secretary to the members and such officers as
the Government may prescribe, and affixed on the Notice Board of the Panchayat. (4)
The officers to whom notice
is given under Sub-sec. (3) and other Government Officers having jurisdiction
over the Panchayat area or any part thereof shall be entitled to attend every
meeting of the Panchayat and take part in the proceedings but shall not be entitled
to vote. (5)
If the Sarpanch fails to
call a special meeting as provided in Sub-sec. (2), the UpSarpanch or in his
absence, the Competent Authority may call such meeting on a day not more than
fifteen days thereafter and require the secretary to give notice to the members
and to take such action as may be necessary to convene the meeting. (1)
A Panchayat Samiti shall
hold a meeting for the transaction at least once a month (hereinafter in this
section called the ordinary meeting). (2)
Every meeting of the
Panchayat Samiti shall ordinarily be held at the head-quarters of the Panchayat
Samiti. (3)
The date of the first
meeting after election of the Pradhan and Up-Pradhan shall be fixed by the
Pradhan and date of each subsequent ordinary meeting shall be fixed at the
previous meeting of the Panchayat Samiti, provided that the Pradhan may for
sufficient reasons, after the day of the meeting or adjourn it to a subsequent
date. The Pradhan may whenever he thinks fit, and shall, upon the written
request of not less than on-third of the total number of members and on a date
within fifteen days from the receipt of such request call a special meeting.
Such request shall specify the object for which the meeting, is proposed to be called.
If the Pradhan fails to call a special meeting, the Up-Pradhan or the Competent
Authority may call by the special meeting for a day not more than fifteen days
thereafter and require the Vikas Adhikari to give notice to the members and to
take such action as may be necessary to convene the meeting. (4)
The date of the first
meeting shall be fixed by the Collector of the District which shall be presided
over by such officer, not below the rank of an officer of the Rajasthan
Administrative Service, as may be appointed by the Collector of the District. Every Zila Parishad
shall hold meetings at least once in every three months, at such time and such
place within the local limits of the district concerned as the Zila Parishad
may fix at the immediately proceeding meeting: Provided that the
first meeting after election of the Pramukh and Up-Pramukh shall be held at
Zila Parishad headquarters at such date and time as may be fixed by the Pramukh Provided further that
the Pramukh may, whenever he thinks fit and when required in writing by
one-third of the members of the Zila Parishad to call a meeting shall do so
within ten days, failing which the Competent Authority may call a meeting after
seven clear days notice to the members of the Zila Parishad. (1)
A quorum for a meeting of a
Panchayati Raj Institution shall be one-third of the total number of members.
If, at the time appointed for the meeting, a quorum is not present, the
presiding authority shall wait for thirty minutes, and if within such period
there is no quorum, the presiding authority shall adjourn the meeting to such
time on the following day or such future days as he may fix. He shall,
similarly, after waiting for thirty minutes adjourn the meeting, if at any
time, after it has begun, attention is drawn tot he want of a quorum. A notice
of the meeting so fixed shall be pasted in the office of the concerned
Panchayati Raj Institution. The business which could not be considered at the
meeting so postponed for want of quorum, shall be brought before the disposed
of at the meeting so fixed irrespective of whether there is not a quorum at
such meeting. (2)
Save as otherwise provided
by or under this Act at every meeting of a Panchayati Raj Institution the
Chairperson of the Institution concerned or in his absence the Deputy
Chairperson of such Institution shall preside, and in the absence of both, the
members shall choose one from amongst themselves to preside for the occasion
provided such member is able to read and write Hindi. (3)
All questions shall, unless
otherwise specifically provided, be decided by a majority of votes of the
members present and voting. The Chairperson or the Deputy Chairperson or the
person presiding, as the case may be, unless refrains from voting shall give
his vote before declaring the number of votes for and against a question and in
the case of equality of votes, he may give his casting vote. (4)
No member of a Panchayati
Raj Institution shall vote on or take part in the discussion of any question
coming up for consideration at a meeting of the Panchayati Raj Institution if
the question is one in which apart from its general application to the public,
he has any pecuniary interest and he shall not preside over the meeting when
such question comes up for consideration. (5)
If the person presiding is
believed by any member present at the meeting to have any such pecuniary
interest in any matter under discussion and if a motion to that effect be
carried, he shall not preside at the meeting during such discussion or vote on
or take part in it. Any member of the concerned Panchayati Raj Institution may
be chosen to preside at the meeting during the continuance of such discussion. (6)
No resolution of a
Panchayati Raj Institution shall be modified or cancelled within six months
after the passing thereof except by a resolution passed by not less than
two-third of the total number of members at an ordinary or special meeting. (7)
The proceedings of every meeting
shall be recorded in the minutes book immediately after the deliberations of
the meeting and shall after being read over by the presiding authority of the
meeting be signed by him. The action taken on the decisions of the meeting
shall be reported at the next meeting of the Panchayati Raj Institution. The
minutes book shall always be kept in the office of the Panchayati Raj
Institution. The minutes book shall not be taken outside the office under any
circumstances. The Sarpanch in the case of a Panchayat, the Vikas Adhikari in
the case of a Panchayat Samiti and the Chief Exeutive Officer in the case of a
Zila Parishad shall be the custodian of the minutes book respectively. (8)
A Panchayati Raj Institution
require the presence of District Level Government Officer at its meetings. If
it shall appeal to a Panchayat Samiti or a Zila Parishad that the attendance of
any such Officer of the Government having jurisdiction over an area of a
district or less than a district and no working under the Panchayat Samiti or
the Zila Parishad is desirable at a meeting of the Panchayat Samiti or the Zila
Parishad, the Vikas Adhikari or the Chief Executive Officer shall, by a letter
addressed to such officer not less than fifteen days before the intended
meeting request that officer to be present at the meeting and the officer
shall, unless prevented by sickness or other reasonable cause, attend the
meeting : Provided that such
officer on receipt of such letter may if he for any of the causes aforesaid is
unable to be present thereat himself, instruct his deputy or other competent
sub-ordinate officer to represent him at the meeting. No act of a
Panchayati Raj Institution shall be deemed invalid by reason only of any
vacancy in the office of the chairperson or deputy chairperson of such
Institution or in the number of members prescribed for such Panchayati Raj
Institution or by reason of any defect, error, omission or irregularity in the
election or appointment of the chairperson or the deputy chairperson or of the
members of such Panchayati Raj Institution. Subject to such
conditions as may be specified by the Government from time to time, the
Panchayat shall perform the functions and exercise the powers specified in the
First Schedule. Subject to such
conditions as may be specified by the Government from time to time, the
Panchayat Samiti shall perform the functions and exercise the powers specified
in the Second Schedule. Subject to such
conditions as may be specified by the Government from time to time, the Zila
Parishad shall perform the functions and exercise the powers specified in the
Third Schedule. (1)
The Government may, by
notification and subject to such conditions as may be specified in such
notification- (a)
transfer to any Panchayat
the management and maintenance of a forest situated in the Panchayat area; (b)
make over to the Panchayat
the management of waste lands, pasture lands or vacant lands belonging to the
Government situated within the Panchayat area; (c)
entrust such other functions
as may be prescribed : Provided that when
any transfer of the management and maintenance of a forest is made under Clause
(a) the Government shall direct that any amount required for such management
and maintenance or an adequate portion of the income from such forest be placed
at the disposal of the Panchayat. (2)
The Government may by
notification, modify the functions assigned under this section. (1)
The Government may assign to
a Panchayat Samiti or a Zila Parishad functions in relation to any matters to
which the executive authority of the State Government extends or the functions
which have been assigned to the State Government by the Central Government. (2)
The State Government may, by
notification, withdraw or modify the functions assigned under this section. (1)
The Panchayat Samiti or Zila
Parishad shall have power to do all acts necessary for or incidental to the
carrying out of the functions entrusted or delegated to it and, in particular,
and without prejudice to the foregoing power, to exercise all powers specified
under this Act. (2)
The Panchayat Samiti may, by
resolution, delegate to the Vikas Adhikari or any other officer any of the
power conferred by or under this Act on a Panchayat Samiti. (3)
The Zila Parishad may, by
resolution, delegate to Chief Executive Officer or any officer any of the
powers conferred under this Act on a Zila Parishad. (1)
Every Panchayat shall
constitute standing committee, one each for the following group of subjects,
namely:- (a)
Administration and
Establishment; (b)
Finance and Taxation; (c)
development and production
programmes, including those relating to agriculture, animal husbandry, minor
irrigation, co-operation, cottage industries and other allied subjects; (d)
education; and (e)
social services and social
justice including rural water supply, health and sanitation, gramdan,
communication, welfare of weaker sections and allied subjects. (2)
A Panchayat may constitute a
sixth Standing Committee for any of the subjects not enumerated in any group or
groups mentioned in Sub-sec. (1). (3)
The Standing Committee shall
be so constituted that each member finds place in at least one such committee. (4)
Every Standing Committee
shall consist of five members elected from amongst the elected members of the
Panchayat in the prescribed manner. (5)
The Sarpanch shall be the
ex-officio member and chairman of the Standing Committee for the group of
subjects specified in Clause (a) of Sub-sec. (1) and Chairpersons of other
Standing Committees shall be ex-offio members of the administration and
establishment committee. (6)
The Up-Sarpanch, if he is
elected a member of any standing committee of which the Sarpanch is not a
member, all be ex-offio Chairman thereof. (7)
The Chairman for every other
standing committee of which there is no ex-officio Chairman shall be elected in
the prescribed manner. (8)
A Standing Committee, of
which there is an ex-officio or elected Chairman, shall, at each meeting
thereof at which such Chairman does not attend, elect from amongst its members
a Chairman for such meeting. (9)
Every standing committee
shall, in relation to the subject assigned to it, exercise such powers and
perform such functions of the Panchayat as it may from time to time delegate to
such Standing Committee. (10)
If a member of a standing
committee absent himself, without the previous permission of the chairman
thereof, from five consecutive meetings of the Standing Committee of which he
had due notice, his seat on the Standing Committee shall be liable to be
declared vacant: Provided that, if the
Chairman himself is so absent, he shall obtain the approval of the Sarpanch for
such absence or, if the Chairman is himself the Sarpanch the approval of the
Panchayat thereto shall be obtained. (11)
For the purpose of Sub-sec.
(10), the member of the Standing Committee, who so absents, himself from such
four consecutive meetings thereof, shall be served immediately after the
termination of the fourth meeting with a notice specifying the particulars of
the meetings which he failed to attend and informing him that, upon his failure
to attend the next meeting his seat on the standing committee shall be declared
vacant, and, if such member does not so attend the fifth meeting or does not
show cause to the contrary, a declaration shall be made accordingly by the
competent Authority.] (1)
Every Panchayat Samiti shall
constitute five standing committees, one for each for the groups of subjects
specified in Sub-sec. (1) of Sec. 55-A and may constitute a sixth standing
committee for any of the subject not specified in any group or groups of
subjects as aforesaid. (2)
In relation to the
constitution, term of office and conduct of business of such committees and
other cognate matters, the provisions of Sec. 55-A. shall mutatis mutandis
apply subject to the variation that for the expressions "Sarpanch",
"Up-Sarpanch" and "Panchayat" the expressions
"Pradhan", "Up-Pradhan" and "Panchayat Samiti"
shall respectively be substituted. (1)
Every Zila Parishad shall
constitute five Standing Committees, one each for the groups of subjects
specified in sub-section (1) of section 55-A and may constitute a sixth
committee for any of the subjects not specified in any group or groups of
subjects as aforesaid. (2)
In relation to the
constitution, term of office, and conduct of business, of such committees and
other cognate matters, the provisions of section 55-A shall mutatis mutandis,
apply subject to the variation that for the expressions "Sarpanch",
"Up-Sarpanch" and "Panchayat" the expressions
"Pramukh", "Up-Pramukh" and "Zila Parishad" shall
respectively be substituted. A Panchayat, a
Panchayat Samiti or, as the case may be, a Zila Parishad may at any time call
for any document including extracts from the proceedings of the meetings of any
standing committee and any return, statement account or report concerning or
connected with any matter with which such standing committee has been
authorised or directed to deal, and every such requisition shall be compiled
with by the standing committee. (1)
A Panchayat, a Panchayat
Samiti or, as the case may be, a Zila Parishad may, on application made to it
or otherwise, examine the record of any decision of any of its standing
committee and may confirm, reverse or modify such decision. Provided that no
action under this sub-section shall be initiated after the expiration of three
months from the date of the decision sought to be revised. (2)
The order of the Panchayat,
the Panchayat Samiti or, as the case may be, the Zila Parishad under Sub-sec.
(1) reversing or modifying a decision of its standing committee must be
supported by a majority of not less than two-third of the total number of its
members failing which the decision of the standing committee shall stand. In regard to conduct
of business at its meetings, a Standing Committee will follow such procedure as
may be prescribed for conduct of such meetings. (1)
The State Government may
constitute a Vigilance Committee for each Panchayat Samiti area and each Zila
Parishad area and such committees shall consist of five members out of which
three members shall be elected representatives of the respective Panchayati Raj
Institutions. (2)
The Vigilance Committee
constituted under Sub-sec. (1) shall supervise the works, schemes and other
activities of the concerned Panchayti Raj Institution. (3)
The Vigilance Committee
shall submit its reports to the Chairperson of the concerned Panchayti Raj
Institution. (1)
Any person aggrieved by any
order or direction of a Panchayats made or issued under this Act or under any
rule or bye-law made thereunder may appeal from such order or direction to the
Panchayat Samiti having jurisdiction within thirty days from the date of such
order or direction exclusive of the time requisite for obtaining a copy
thereof. (2)
An appeal under Sub-sec. (1)
shall be heard by the standing committee of the Panchayat Samiti constituted
under Clause (a) of Sub-sec. (1) of Sec. 56. (3)
The standing committee
referred to in Sub-sec. (2) may after hearing the person aggrieved, the
Panchayat and any other person affected by the order or direction appealed
against, vary, set aside or confirm such order or direction and may also award
costs to or against the person filing the appeal. (4)
The decision of the Standing
Committee shall for the purposes be deemed to be the decision of the Panchayat
Samiti. If a Panchayat is
satisfied that a person has disobeyed a general or special order passed by the
Panchayat, it may direct that such person shall pay, by way of penalty, a sum
which may extend to two hundred rupees and, in the case of disobedience being a
continuing one, a further sum which may extend to ten rupees for every day
after the first day after the first day, during which the disobedience
continues. (1)
A Panchayati Raj Institution
shall have the power to acquire, hold and dispose of property and to enter into
contracts : Provided that in all
acquisition or disposal of immovable property the concerned Panchayati Raj
Institution shall obtain the previous approval of the State Government. (2)
All roads, buildings or
other works constructed by a Panchayati Raj Institution with its own funds
shall vest in it. (3)
The State Government may
allocate to a Panchayati Raj Institution any public situated within the jurisdiction
of such Panchayati Raj Institution and thereupon such property shall vest in an
under the control of such Panchayati Raj Institution. (4)
Where a Panchayati Raj
Institution requries land to carry out any of the purpose of this Act, It may
negotiate with the person or persons having interest in the said land or it may
make an application to the State Government or officer authorised in this
behalf for the acquisition of the land, who may, if he is satisfied that the
land is required for a public purpose, take steps to acquire the land under the
provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) and
such land shall, on acquisition, vest in the concerned Panchayati Raj
Institution. (1)
For every Panchayati Raj
Institution, there shall be constituted a fund bearing the name of the
concerned Panchayati Raj Institution and there shall be placed to the credit
thereof :- (a)
Contributions and grants, if
any, made by the Central or the State Government including such part of the
land revenue collected in the State as may be determined by the Government. (b)
Share of taxes or other
revenues as approved by the State Finance Commmission; (c)
Contribution and grants, if
any, made by any local authority; (d)
Loan, if any, granted by the
Central or the State Government or raised by the Panchayati Raj Institution
concerned; (e)
All receipts on account of
tolls, taxes and fees levied by the concerned Panchayati Raj Institution; (f)
All receipts in respect of
any school, hospitals, dispensaries, building institution or works vested in,
constructed by or placed under the control and management of the concerned
Panchayati Raj Institution; (g)
All sums received as gift or
contribution and all income from any trust or endowment made in favour of the
concerned Panchayati Raj Institution; (h)
All fines or penalties
imposed and realised under the provisions of this Act or of the bye-laws, made
thereunder; and (i)
All other sums received by
or on behalf of the concerned Panchayati Raj Institution. (2)
Every Panchayati Raj
Institution shall set apart and apply annually such sums as may be required to
meet the cost of its own administration including the payment of salary,
allowances, provident fund and gratuity to the officers and employees. The
total expenditure on establishment shall not exceed thirty per cent of the
total expenditure of the concerned Panchayati Raj Institution: Provided that
repayment of loans shall be provided for the Panchayati Raj Institution
concerned in its Annual Budget estimates: Provided further that
the ceiling of thirty per cent expenditure on establishment may be relaxed by
the State Government in specific schemes or programmes. (3)
A Panchayati Raj Institution
shall have power to spend such sums as it thinks fit for carrying out the
purposes of this Act and may determine the amount of imprest to be kept to
defray current expenses. (4)
The Panchayati Raj
Institution fund shall be vested in the concerned Panchayati Raj Institution
and the balance of the credit of the fund shall be kept in personal deposit
account in the nearest Treasury / Sub-Treasury, Post Office or branch of any
Scheduled Bank. (5)
Subject to such general
control as the Panchayat Samiti or Zila Parishad may exercise from time to
time, all orders and cheques for payments from the Panchayat Samiti Fund or
Zila Parishad Fund, shall be signed by the Vikas Adhikari or Chief Executive
Officer respectively and in this absence by an officer authorised by the
Panchayat Samiti or Zila Parishad. Provided that all
such orders and cheques of Panchayat Samiti or Zila Parishad for an amount
exceeding Rs. 20,000/- shall be countersigned by the Pradhan or Pramukh, as the
case may be and, in the case of a Panchayat, all withdrawals will be with joint
signatures or Sarpanch and Secretary. (1)
Subject to the rules and any
orders made by State Government in this behalf, a Panchayat may impose one or
more of following taxes, namely:- (a)
a tax on building owned by
persons not exceeding such rate as may be prescribed; (b)
an octroi on animals or
goods brought within the Panchayat Circle for consumption or use therein; (c)
vehicle tax except on those
which are used for the purpose or cultivation; (d)
pilgrim tax; (e)
a tax for arranging the
supply of drinking water within the Panchayat Circle; (f)
a tax on commercial crops; (g)
any other tax which the
State Legislature has under the Constitution, power to impose in the State and
which has been sanctioned by the Government. (2)
The taxes under Sub-sec. (1)
shall be imposed, assessed and raised in such manner and paid or realised at
such times, as may be prescribed. (3)
The State Government, by
notification in the Official Gazette, require any Panchayat to impose, subject
to the provisions of Sub-sec. (2), any of the taxes specified in Sub-sec. (1)
from such date and at such rates, as may be specified in the notification. (4)
While any notification under
Sub-sec. (3) is in force, the Panchayat Shall proceed to impose the tax or
taxes therein specified, as if a resolution of the Panchayat had been passed
for the imposition thereof and it shall not be lawful for it to abandon, modify
or abolish any tax so imposed: Provided that the
State Government may at any time cancel any such requisition or modify it in
any respect: Provided further that
when any tax has been imposed upon the requisition of the State Government
under Sub-sec. (3), any other tax of like nature previously imposed by the
Panchayat without such requisition shall cease to be levied and realised from
the date from which the tax imposed upon the said requistion is to be levied
and realised. Provided further that
the tax under Clause (c) of Sub-sec. (1) shall not be levied on a motor
vehicles as defined in the Motor Vehicles Act, 1988 (Central Act No. 59 of
1988) or any other mechanically propelled vehicle. Explanation.- For the
purpose of this section "Commercial Crops" are chillies, cotton,
mustard, sugarance, zeera and ground-nut. A Panchayat may
impose a special tax on the adult male members of the Panchayat area for the
construction of any public work of general utility for the inhabitants of the
said area : Provided that it may
exempt any member from payment of this tax in lieu of doing voluntary labour or
having it done by another person on his behalf. (1)
A Panchayat may charge fees
for any licence or permission granted or given by it for making any temporary
erection or for putting up any projection or for the temporary occupation of
any public or other land vested in the Panchayat or for any service rendered by
it or in respect of any duty performed by it or under the provisions of this
Act. (2)
Such fees shall be charged
at such rates and in such manner as may be provided for in any rules made under
this Act or in bye-laws by the Panchayat and it shall be lawful for the
Panchayat to lease the levy of any such fees by public auction. (1)
A Panchayat Samiti may
impose and levy in the prescribed manner a tax on the rent payable for the use
or occupation of agriculture land, at the rate of fifty paise in a rupee of
such rent, such tax being payable by the person or persons severally or jointly
in cultivator possession of such land or in respect of any income therefrom. (2)
Subject to the provision of
Art. 276 of the Constitution of India and to any general or special orders of
the State Government, a Panchayat Samiti may also impose and levy in the
prescribed manner all or any of the following taxes, namely:- (a)
a tax on such trades,
callings professions and industries as may be prescribed; (b)
a primary education cess;
and (c)
a tax in respect of
Panchayat Samiti fairs held within the limits of its jurisdiction. Subject to such
maximum rates as the Government may prescribe, a Zila Parishad may levy :- (a)
a fee for licence for a fair
or mela; (b)
water rate, where management
for the supply of water for drinking, irrigation or any purpose is made by the
Zila Parishad within its jurisdiction. (c)
surcharge- (d)
upto five per cent on stamp
duty on sale of property in rural areas; and (e)
upto a half per cent on the
market fees referred to in Sec. 17 of the Rajasthan Agriculture Product Market
Act, 1961 (Rajasthan Act No. 38 of 1961). All arrears of
cesses, taxes, duties and fees leviable by a Panchyat, Panchayat Samiti or Zila
Parishad under this Act or of loans granted by them or any sum due against or
recoverable from any Member / Chairperson / Deputy Chairperson / any official
of a Panchayati Raj Institution owing to lapse, defalcation by him or otherwise
due from him out of funds of the Panchayati Raj Institution shall be
recoverable as arrears of land revenue. (1)
Any person aggrieved by the
assessment, levy or imposition of any tax or fees under this Act may appeal
therefrom to the competent authority. (2)
An appeal under Sub-sec. (1)
may be preferred within ninety days from the date of the assessment, levy or
imposition appealed from and the decision of the competent authority thereon
shall be final. The State Government
may suspend the levy or imposition of any tax or fee and may at any time
rescind such suspension. If in the opinion of
the State Government, the income of a Panchayat, a Panchayat Samiti, or a Zila
Parishad falls below what is necessary for the proper discharge of its duties
under this Act, the State Government may require the Panchayat, the Panchayat
Samiti or the Zila Parishad to take steps within such period, not being less
than six months, as may be specified in the requisition to increase its income
to such extent as the State Government considers necessary. (1)
The Sarpanch or as the case
may be, the Vikas Adhikari or the Chief Executive Officer shall, before the
prescribed date in each, frame and place before the Panchayat, Panchayat Samiti
or Zila Parishad respectively, a complete account of the actual receipts and
expenditure upto a prescribed date and expected receipts and expenditure for
the financial year ending on 31st March, following together with budget
estimates of the income, expenditure and other receipt of the concerned
Panchayati Raj Institution for the financial year to commence on the first day
of April next following. (2)
The concerned Panchayati Raj
Institution shall thereupon decide upon the appropriate and the ways and means
contained in the budget estimates. (3)
In such estimates, the
concerned Panchayati Raj Institution shall among other things- (a)
make adequate and suitable
provision for such services as may be required for the fulfillment of the
several duties imposed on the concerned Panchayati Raj Institution by this Act
or any other law; (b)
provide for the payments, as
they fall due, of all installments of principal and interest for which the
concerned Panchayati Raj Institution may be liable in respect of loans
contracted by it; (c)
allow for a balance at the
end of the said years of not less tan such sum as may, from time to time, be
fixed by the State Government. (4)
The budget estimates as
finally passed by the Panchayat shall be submitted to the Vikas Adhikari and
those of the Panchayat Samiti to the Chief Executive Officer and of the Zila
Parishad to the Director, Rural Development and Panchayati Raj Department on or
before such date, as may be prescribed, who shall, after scrutiny, place the
same with his comments before the Panchayat Samiti or the Zila Parishad or the
State Government, as the case may be, within the prescribed time for sanction.
If the sanctioning authority is satisfied that adequate provision has not been
made in the budget estimates to give effect to the provisions of this Act, it
shall have the power to suggest such modifications as may be necessary to
secure such provision and return it to the concerned Panchayati Raj Institution
with its observations regarding the modifications to be made therein. The
concerned Panchayati Raj Institution shall consider such observations and pass
the budget with such modifications as it deems fit : Provided that, if the
sanctioning authority fails to return the budget to the concerned Panchayati
Raj Institution within the time prescribed in this behalf, the concerned
Panchayati Raj Institution may incur the expenditure on committed items and
other items of expenditure for which the concerned Panchayati Raj Institution
has or will raise its own resources subject to the progrmmes to be taken up
being in conformity with the priorities assigned to the various programmes in
the State Plan: Provided further that
no expenditure shall be incurred by a Panchayati Raj Institution on any items
of expenditure for which a matching grant is to be obtained till such time as
the budget is returned by the sanctioning authority. (5)
If, in the course of a year,
a Panchayati Raj Institution finds it necessary to make any alterations in the
budget with regard to its receipts or the distribution of the amount to be
expended for the purpose of this Act, a supplementary or revised budget may be
framed, passed, submitted and modified in the manner provided in Sub-Secs. (1),
(2) and (4). (1)
A Panchayati Raj Institution
shall keep such accounts and submit such statements to such authorities as may
be prescribed. (2)
Accounts of receipts and
expenditure of every Panchayati Raj Institution shall be maintained for every
financial year in such form as may be prescribed. (3)
An abstract of the annual
accounts of a Panchayati Raj Institution showing its income under each head or
receipt, the charges for the establishment, works under taken, the sum expended
on each work, the balance, if any, remaining unexpended and such other
information as may be required by rules, shall be prepared and finalised in the
prescribed manner. (4)
All accounts kept and
maintained by a Panchayati Raj Institution shall be audited, as soon as may be
after the end of each financial year, by the Director, Local Fund Audit for the
State and provisions of the Rajasthan Local Fund Audit Act, 1954 (Rajasthan Act
28 of 1954) shall apply : Provided that the
Comptroller and Auditor General of India may also carry out a test audit of
such accounts. (5)
The concerned Panchayati Raj
Institution shall pay, out of its fund, such sum as may be determined by the
State Government by way of charges for such audit. (1)
Panchayati Raj Institution
may, subject to the provisions of any law relating to the raising of loans by
local authority for the time being in force, raise from time to time with the
approval of the State Government loans for the purposes of this Act and create
a sinking fund for the repayment of such loans. (2)
A Panchayati Raj Institution
may borrow money from the Government or, with the previous sanction of the
Government, from Banks or other financial institutions, for furtherance of its
objectives on the basis of specific schemes drawn up by such Panchayati Raj
Institution for the purpose. A Panchayati Raj
Institution may out of its fund grant loans for the furtherance of its
activities to such persons, institutions or societies and, subject to such
terms and conditions, as may be prescribed. (1)
Subject to the provisions of
this Act and Rules made thereunder - (a)
there shall be for every
Panchayat a Secretary who shall be appointed in the prescribed manner, (b)
every Panchayat may with the
previous approval of the Panchayat Samiti; appoint such other staff as may be
necessary for carrying out the duties imposed on it by or under this Act on
such conditions of service of as may be prescribed. (2)
It shall be the duty of the
Secretary of every Panchayat subject to the control of the Sarpanch- (a)
to keep the records and
registers of the Panchayat in his custody; (b)
to issue receipts under his
signature for sums of money received on behalf of the Panchayat; (c)
to be responsible for
maintaining the accounts of the Panchayat Fund; (d)
to be responsible for the
safe custody of the Panchayat Fund; (e)
to prepare all statements
and reports required by or under this Act or rules made there under; (f)
to make all payments as may
be sanctioned by the Panchayat; (g)
to perform such other
functions and duties as may be prescribed or delegated under this Act or Rules
made thereunder. (1)
The State Government shall
appoint for each Panchayat Samiti a Vikas Adhikari a Block Elementary Education
Officerand such other Extension Officers as well as Accountants and Junior
Accountants as it may consider necessary. (2)
The Vikas Adhikari,
Extension Officers, Accountant and Junior Accountant appointed under Sub-sec.
(1) shall be - (a)
either persons encadred in a
State Service or person holding posts under the State Government; (b)
regarded as being on
deputation to the Panchayat Samiti on such terms and conditions as may be
prescribed; and (c)
liable to transfer by the
State Government. (1)
The State Government shall
fix the strength of each category of posts other than those referred to in Sec.
79 which it may consider necessary for each Panchayat Samiti and shall
prescribe the scales of pay and allowances and other conditions of service of
the persons appointed to such posts. (2)
With the prior approval of
the State Government, every Panchayat Samiti may, if it thinks necessary,
create additional posts of each such category carrying the same scales of pay,
and allowances and other conditions of service as are prescribed under Sub-sec.
(1). (3)
Appointment to post in Class
IV Services fixed under Sub-sec. (1) or created under Sub-sec. (2) shall be
made by the Vikas Adhikari in the prescribed manner. (4)
Appointments to other posts
fixed under Sub-sec. (1) or created under Sub-sec. (2) shall be made by the
Panchayat Samiti in the prescribed manner from out of persons selected for the
Rajasthan Panchayat Samiit and Zila Parishad Service constituted under Sec. 89. (1)
The Vikas Adhikari shall - (a)
issue notices, under
instructions from the Pradhan and the Chairman of Standing Committees, for
meetings of the Panchayat Samiti and Standing Committees thereof; (b)
attend all such meetings and
record and maintain the minutes thereof; (c)
participate in the
deliberations of such meetings; and (d)
draw and disburse moneys out
of the Panchayat Samiti fund: Provided that the
Pradhan may, for reasons to be recorded in writing stop any such payment and
place the matter before the Panchayat Samiti or the Standing Committee
concerned; and (e)
exercise such other powers
and perform such other functions as are conferred or imposed on him by or under
this Act or as may be delegated to him. (2)
If for any reason the Vikas
Adhikari is unable to attend any meeting of the Panchayat Samiti or a Standing
Committee thereof, the senior most officer subordinate to him who may be
present at the place of the meeting, shall attend such meeting. The Block Elementary
Education Officer shall - (a)
act as officer incharge of
elementary education for the Panchayat Samiti, and (b)
exercise such powers and
perform such other functions as are conferred upon, or assigned to, him by the
State Government.] (1)
An officer of the Indian
Administrative Service or Rajasthan Administrative Service or a Project
Director, specially selected by the Rural Development Department. shall be the
Chief Executive Officer of the Zila Parishad who shall be appointed by the
Government. Likewise, the Government may appoint an Additional Chief Executive
Officer for a Zila Parishad on such terms and conditions as may be prescribed. Explanation - The
Chief Executive Officer shall include an Additional Chief Executive Officer. (2)
The Government shall also
appoint a Chief Accounts Officer a District Elementary Education Officer and a
Chief Planning Officer for each Zila Parishad. (3)
The Government shall post
from time to time in every Zila Parishad such number of its officers as the
Government considers necessary. (4)
Notwithstanding anything
contained in this Act or any other law for the time being in force, the
Government or any other officer or other authority authorised by it in this
behalf shall have power to effect transfer of the officers and officials so
posted from one district to another. The provisions of
Sec. 80 shall apply in relation to the staff of a Zila Parishad subject to the
variation that for the expressions "Sec. 79", "Panchayat
Samiti" and "Vikas Adhikari" occurring therein, the expressions
"Sec. 82", "Zila Parishad" and Chief Executive
Officer" shall respectively be substituted. (1)
Save as otherwise expressly
provided by or under this Act, the Chief Executive Officer shall - (a)
carry out the policies,
decisions and directions of the Zila Parishad, and take necessary measures for
the speedy execution of all works and development schemes of the Zila Parishad; (b)
discharge the duties imposed
upon him by or under this Act or the rules and regulations made thereunder; (c)
control the officers and
servants of the Zila Parishad subject to the general superintendence and
control of the Zila Parishad and such rules as may be made; (d)
have custody of all papers
and documents relating to the Zila Parishad; and (e)
draw the disbursed money out
of the Zila Parishad funds and exercise such other powers and perform such
other functions as may be prescribed. (2)
The Chief Executive Officer
shall under instructions of Pramukh issue notice for and attend every meeting
of the Zila Parishad and standing committees and may take part in the
discussion but shall not have the right to move any resolution or to vote. If
in the opinion, of the Chief Executive Officer any proposal before the Zila
Parishad is violated of, or inconsistent with, the provisions of this Act or
any other law or the rules or order made thereunder or instructions issued by
the State Government, it shall be his duty to bring the same to the notice of
the Zila Parishad. (3)
The Chief Executive Officer
shall within fifteen days from the date of the meeting of the Zila Parishad or
of any of its committees submit to the Government every resolution of the Zila
Parishad or any of its committees which in his opinion is inconsistent with the
provisions of this Act or any other law and he shall not implement such
resolution otherwise than as directed by the Government. (4)
The Chief Executive Officer
may enter on and inspect- (a)
any immovable property or
any work in progress under the control of any Panchayat or Panchayat Samiti; (b)
any school, hospital,
dispensary, vaccination station, poultry farm of other institutions maintained
by or under the control of any Panchayat or Panchayat Samiti and any records,
registers or other documents kept in such institution; and (c)
the office of any Panchayat
or Panchayat Samiti and any records registers or other documents kept therein. (5)
The Panchayat or the
Panchayat Samiti shall be bound to afford to the Chief Executive Officer such
access at all reasonable times to its property or premises and to all documents
as may, in opinion, be necessary, be enable him to discharge his duties under
Sub-sec. (4). (6)
The Chief Accounts Officer
shall advise the Zila Parishad in matters of financial policy and shall be
responsible for all matters relating to the accounts of the Zila Parishad
including preparation of annual accounts and the budget. (7)
The Chief Accounts Officer
shall ensure that no expenditure is incurred except under proper sanction and
in accordance with this Act and the rules and regulations thereunder and shall
disallow any expenditure not warranted by this Act or rules and regulations or
for which no provision is made in the budget. (8)
The Additional Chief
Executive Officer shall assist the Chie Executive Officer in the performance of
his duties. (9)
The Chief Planning Officer
shall advise the Zila Parishad in matter of planformulation and shall be
responsible for all matters relating to planning of the Zila Parishad including
the preparation of plans of economic development and social justice and annual
plan of the district. (10)
The District Elementary
Education Officer shall act as Officer incharge of Elementary Education for
Zila Parishad and exercise such other powers and perform such other functions
as are conferred upon, or assigned to, him by the State Government. The Vikas Adhikari in
the absence of the Pradhan and the Chief Executive Officer in the absence of
the Pramukh from the headquarters may in case of emergency such as fire, flood,
epidemic or the like, direct the execution of any work or the doing of any act,
which would ordinarily require the sanction of the Panchayati Raj Institution
concerned or of a Standing Committee thereof and the execution or the doing of
which is, in his pinion necessary for the welfare or safety of the public or
prevention of damage to property and may also direct that the expenses of
executing such work or doing such act shall be paid from the fund of the
Panchayati Raj Institution concerned. In every such case, he shall forthwith
report the action taken and the reason therefore to the authority competent
sanction such work or the doing of such act. All gazetted officers
of the State Government shall be entitled to attend the meetings of the
Panchayat Samiti or Zila Parishad and their Standing Committees and to
participate in the deliberation of such meetings relating to matters concerning
their department. Notwithstanding
anything contained in any programmes which a Panchayat Samiti or Zila Parishad
decides to carry out for the benefit of any one Panchayat Circle, shall be the
responsibility of and shall be carried out or executed, as the case may be,
through the agency of the Panchayat of that Panchayat Circle. (1)
Every person in possession
of moneys, accounts, records or other property pertaining to a Panchayati Raj
Institution shall on the requisition in writing of the Chief Executive Officer
for this purpose, forthwith handover such moneys or deliver up such accounts,
records or other property to the Chief Executive Officer or the persons
authorised in the requisition to receive the same. (2)
The Chief Executive Officer
may also take steps to recover any money due from any such person in the same
manner and subject to the same provisions as in the Rajasthan Land Revenue Act
for the recovery of the arrears or land revenue from defaulters and or the
purpose of recovering the accounts, records or other property appertaining to a
Panchayati Raj Institution may issue a search warrant and exercise all such
powers with respect thereto as may lawfully be exercised by a Magistrate under
the provisions of Chapter VII of the Code of Criminal Procedure, 1973 (Central
Act 2 of 1994). (3)
Every person knowing where
any moneys, accounts, records or other property appertaining to a Panchayati
Raj Institution are concealed shall be bound to give information of the same to
the Chief Executive Officer. (4)
An appeal shall lie from an
order of the Chief Executive Officer under this section to the State
Government. (1)
There shall be constituted
for the State service designated as the Rajasthan Panchayat Samiti and Zila
Parishad Service and hereafter in this section referred to as the service and
recruitment thereto shall be made district-wise. Provided that
selection for the posts specified in clause (iii) of sub-section (2) shall be
made at the State Level. (2)
The Service may be divided
into different categories, each category being divided into different grades,
and shall consist of - (i)
Village level workers; (ii)
Gramsevikas Provided that
selection for the posts specified in clause (iii) of sub-section (2) shall be
made the State level. (iii)
Primary and Upper Primary
School teachers; and (iv)
Ministerial establishment
(except Accountants and Junior Accountants) (3)
The State Government encadre
in the Service any other category or grade of officers and employees of
Panchayat Samitis and Zila Parishads and not included in Class IV Services. (4)
The State Government may
prescribe the duties, functions and powers of each grade and each category of
officers and employees encadred in service. (5)
All appointments to posts in
the service shall be made - (a)
by direct recruitment; or (b)
by promotion; or (c)
by transfer. (6)
Appointment by direct
recruitment shall be on the posts specified in clause (i) (ii) and (iv) of
sub-section (2) and on the posts encadred under sub-section (3) (6A)
Appointment by direct recruitment on the posts specified in clause (iii) of
sub-section (2) shall be made by a Panchayat Samiti or Zila Parishad, as the
case may be, in accordance with the rules made in this behalf by the State
Government, from out of the persons selected for the posts by the Rajasthan
Public Service Commission in accordance with the rules made by the State
Government in this behalf: Provided that in case
of posts reserved for widows and divorcee women, selection shall be made in
such manner and by such screening committee as may be prescribed by State
Government. (7)
The appointing authority
may, so long as selection is not made by the District Establishment Committee
or selected persons are not available for appointment, make appointments in the
prescribed manner on temporary basis for a period not exceeding six months and
the said period may be extended only after consultation with the District
Establishment Committee. Provided that no
appointment on temporary basis shall be made on the posts specified in clause
(iii) of sub-section(2) (8)
Appointments by - (i)
promotion shall be made by
the Panchayat Samiti or the Zila Parisahd, as the case may be, in the
prescribed manner from amongst persons whose names have been entered in the
list prepared by the District Establishment Committee; and (ii)
transfer shall be made after
consultation with the Pradhans or the Pramukhs, as the case may be, of the
Panchayat Samitis or the Zila Parishads from and to which such transfer is
proposed to be made. (8A) Notwithstanding anything contained in Sub-sec. (8),
the State Government may transfer any member of the service from one Panchayat
Samiti to another Panchayat Samiti, whether within the same district or outside
it, from one Zila Parishad to another Zila Parishad, or from a Panchayat Samiti
to a Zila Parishad or from Zila Parishad to a Panchayat Samiti and may also
stay the operation of, or cancel, any order of transfer made under Sub-sec.
(8), or the rules made thereunder. (9)
Persons holding posts
encadred in the service shall also be eligible for appointments or promotion to
posts in a State Service or under the State Government in accordance with the
rules made in that behalf by the State Government and subject to terms and
conditions laid down in such rules, and the persons so appointed or promoted
shall count the period of their holding posts in the service constituted under
this section for the purpose of seniority and pension. (10)
Persons holding appointment
in a State Service shall also be eligible for appointment by transfer to a post
encadred in the service constituted under this section in accordance with rules
made in this behalf by the State Government and on terms and conditions laid
down in those rules. (11)
Every person holding a post
encadred in the service constituted under this section shall be entitled to the
payment of a pension by the State Government out of the consolidated fund of
the State in accordance with the rules made by it in that behalf. (1)
For each District, there
shall be a District Establishment Committee consisting of the following - (i)
Zila Pramukh, as the
Chairman, (ii)
Chief Executive Officer, and (iii)
District / Elementary
Education Officer (where the matter before the said committee relates to the
appointment of, or disciplinary proceedings against, a teacher of a primary
school); and (iv)
An officer nominated by the
competent authority. (2)
The District Establishment
Committee shall- (a)
make selection on the posts
in different grades and categories except the post specified in clause (iii) of
sub-section 89 existing in the service in the Panchayat Samiti and the Zila
Parishad in the district in accordance with the rules made by the State
Government in this behalf; (b)
regulate the mode of temporary
appointment and recommend the names of persons for extending such appointments
beyond six months; (c)
prepare lists of persons for
promotion in the prescribed manner; and (d)
advise the Panchayat Samitis
of the district and the Zila Parishad all disciplinary matters affecting the
officers and other employees thereof other than referred to in Secs. 79 and 82,
which may arise under Sec. 91. (1)
The conduct of disciplinary
proceedings that may be started against, and the punishments that may be
inflicted in such proceedings on, the officers and servants of Panchayat
Samitis and Zila Parishads, other than officers referred to in Secs. 79 and 82
shall be governed and regulated by rules made by the State Government in this
behalf. (2)
Subject to such rules- (a)
all or any of the prescribed
punishments may be inflicted on all persons holding posts in Class-IV Services (b)
by the Vikas Adhikari or a
Panchayat Samiti, if such persons are servants of that Panchayat Samiti; (c)
by the Chief Executive
Officer of a Zila Parishad, if they are servants of that Zila Parishad; (d)
where such services are in
connection with the elementary education and such services are under the
control of Panchayat Samiti, by the Block Elementary Education Officer of the
Panchayat Samiti, and (e)
where such services are in
connection with elementary education and such services are under the control of
the Zila Parishad, by the District Elementary Education Officer. (f)
the punishment of censure or
withholding of increment or promotion may with the approval of the Chairperson
of the concerned Panchayati Raj Institutions be inflicted on all persons
holding appointments to posts encadred in the services constituted under Sec.
89- (g)
by the Vikas Adhikari of a
Panchayat Samiti, if such persons hold their appointment under the Panchayat
Samiti; and (h)
by the Chief Executive
Officer of the Zila Parishad if they hold their appointment under that Zila Parishad. (3)
All other prescribed
punishments may be inflicted on the persons holding appointments on the posts
encadred in the service in a Panchayat Samiti or a Zila Parishad by the
District Establishment Committee. (4)
An appeal may be preferred- (a)
against an order made by the
Vikas Adhikari / Block Elementary Education Officer of the Panchayat Samiti or
the Chief Executive Officer / District Elementary Education Officer of the Zila
Parishad to the District Establishment Committee constituted under Sec. 90; and (b)
against an order made by the
District Establishment Committee under Sub-sec. (3) to the State Government. (5)
An appeal may be preferred
under Sub-sec. (4) within a period of 90 days from the date of the order
appealed from and the time taken for obtaining a copy of such order shall be
executed from the said period. (1)
The State Government shall
be the Chief Superintending and Controlling Authority in respect of all matters
relating to the administration of Panchayati Raj Institution and may; by an
order in writing cancel any resolution or order passed by a Panchayati Raj
Institution or any Standing Committee thereof if in its opinion such resolution
is not legally passed or is in excess or abuse of the powers conferred by or
under this Act or under any law for the time being in force, or if its
execution is likely to cause danger to human life, health or safety of person
or property or is likely to cause a breach of the peace. (2)
The State Government shall,
before taking action under Sub-sec. (1), give to the Panchayati Raj Institution
concerned a reasonable opportunity for explanation. (3)
If, in the opinion of the
Collector immediate action is necessary to suspend a resolution of any
Panchayati Raj Institution on the ground that its execution is likely to cause
danger to human life, health or safety of person or property or is likely to
lead to a breach of the peace, he may, while making a report to the State
Government for a final decision with respect to the resolution, by order
writing, suspend the resolution if it is that of a Panchayat or a Panchayat
Samiti. (1)
On a complaint made, or
otherwise if the State Government is satisfied that a Panchayati Raj
Institution has been guilty of making default in performing and duty imposed
upon it by or under this Act, it may after due enquiry, by order in writing fix
period for the performance of that duty and such order shall in writing fix
period for the performance of that duty and such order shall forthwith be
communicated to the Panchayati Raj Institution concerned. (2)
If that duty is not
performed within the period so fixed, the State Government may appoint some
person to perform it and direct that the expenses incurred in the performance
of such duty together with a reasonable remuneration to the person appointed to
perform it, shall be forthwith paid by the Panchayati Raj Institution
concerned. (3)
If the expenses and
remuneration are not so paid, the State Government may make an order directing
the person having the custody of the balance of the fund of the Panchayati Raj
Institution concerned to pay the expenses and the remuneration or such part
thereof as is possible from that balance. CHAPTER 4 Power of the State Government
etc If at any time
Government is satisfied that a Panchayati Raj Institution is not competent to
perform or persistently makes default in the performance of the duties imposed
on it by or under this Act or otherwise by law, or have exceeded or abused its
powers, the Government may by an order published, alongwith the reasons
thereof, in the Official Gazette, declare the Panchayati Raj Institution to be
incompetent or in default or to have exceeded or abused its powers, as the case
may be, and may dissolve such Panchayati Raj Institution on and from a date to
be specified in the order of dissolution: Provided that no
action shall be taken under this sub-section unless the Panchayati Raj
Institution has been afforded a reasonable opportunity of submitting an explanation
and of being heard if the Panchayati Raj Institution so desires. Explanation.- If for
any reason the number of vacancies in a Panchayati Raj Institution exceeds
two-third of the total number of seats, the Panchayati Raj Institution shall be
deemed to be not competent to perform the duties imposed on it by or under this
Act. (1)
When a Panchayati Raj
Institution is dissolved under this Act, the following consequences shall
ensue:- (a)
all the members of the Panchayati
Raj Institution including the chairperson shall, on the date of dissolution
vacate their respective offices but without prejudice to their eligibility for
re-election or re-appointment; (b)
all powers and duties of the
Panchayati Raj Institution shall, during the period of dissolution, be
exercised and performed by such administrator as the State Government may
appoint in this behalf; and (c)
all property vested in the
Panchayati Raj Institution shall, during the period of dissolution, vest in the
Government. (2)
If it shall not be possible
to reconstitute the Panchayati Raj Institution within the time specified in
clause (b) of sub-section (3) of section 17 because of any stay by any
competent court or authority on any general election to the Panchayati Raj
Institution concerned and the proceedings consequent thereon the consequences
specified in clauses (b) and (c) of sub-section (1) shall follow. (3)
An order of dissolution made
under section 94 together with a statement of the reasons thereof shall be laid
before the House of the State Legislature, as soon as may be, after it has been
made. Notwithstanding
anything contained in this Act, an Administrator exercising the powers and
performing the duties of a Panchayati Raj Institution on the date of coming
into force of the Constitution (Seventy-Third Amendment) Act, 1992 shall
continue to do so till 31st March, 1995 or till the concerned Panchayati Raj
Institution is constituted after the first election held under the provisions
of the Act, whichever is earlier. It shall be lawful
for a Panchayati Raj Institution with the sanction of the State Government, to
invest any surplus funds in its hands, which may not be required for current
charges, in public securities in the name of the Panchayat, Panchayat Samiti or
the Zila Parishad, as the case may be. (1)
The State Government may,
either of its own motion or on an application from any person interested, call
for and examine the record of a Panchayati Raj Institution or of a Standing
Committee or sub-committee thereof in respect of any proceedings to satisfy
itself as to the correctness, legality or propriety of any decision or order
passed therein or as to the regularity of such proceedings and, if in any case,
it appears to the State Government that any such decision or order should be
modified, annulled, reversed or remitted for reconsideration, it may pass
orders accordingly: Provided that the
State Government shall not pass any order prejudicial to any party unless such
party has had a reasonable opportunity of being heard in the matter. (2)
The State Government may
stay the execution of any such decision or order prejudicial to any party,
pending the exercise of its powers under sub-section (1) in respect thereof. (3)
The State Government may, of
its own motion or on an application received from any person interested, at any
time, within ninety days of the passing of an order under sub-section (1),
review any such order if it was passed by it under any mistake, whether of fact
or of law, or in ignorance of any material fact. The provisions contained in
the proviso to sub-section (1) and in section (2) shall apply to a proceeding
under this sub-section. (1)
Any person aggrieved by an
order or direction of a Panchayati Samiti, made or issued under this Act or
under any rule made thereunder may appeal against the order or direction given
to Zila Parishad having jursdiction within thirty days from the date of such
order or direction and the time taken in obtaining a copy thereof shall be
executed in computing the same period. (2)
Any person aggrieved by any
order or direction of a Zila Parishad made or issued under this Act or under
any rule made thereunder may appeal against the order or direction given to the
Divisional Commissioner having jurisdiction within thirty days from the date of
such order or direction and the time taken in obtaining a copy thereof shall be
excluded in computing the said period. The State Government
may, by notification in the Official Gazette, delegate - (a)
all or any of its power
under this Act to any officer or authority subordinate to it, and (b)
all or any of the powers of
the officer-in-charge of Panchayats under this Act to any other officer or
authority. For the discharge of
such functions in regard to the administration of Panchayats as are provided
for in this Act or as may be prescribed thereunder, the State Government may
appoint an Officer-in-charge of Panchayats with such designation as it may from
time to time notify and such other subordinate officers and staff as the State
Government may deem necessary. (1)
The State Government may, at
any time, after one months notice published in the prescribed manner either on
its own motion or at the request made in this behalf, and by notification in
the Official Gazette,- (a)
declare the whole or a part
of any local area included within the limits of a municipality to be a
Panchayat Circle; or (b)
include in a Panchayat Circle
any such local area or a part thereof or, as the case may be, any local area
included within the limits of another Panchayat Circle; or (c)
otherwise alter the limits
of a Panchayat Circle by amalgamating one Panchayat Circle into another or by
splitting up a Panchayat Circle into two or more Panchayat Circles; or (d)
exclude the whole or a part
of any local area from a Panchayat Circle, whether on its ceasing to be a rural
area or, as the case may be, for its being included within the limits of
another Panchayat Circle. (2)
Upon any action being taken
under sub-section (1), the State Government shall, notwithstanding anything
contained in this Act or any other law for the time being in force, by an order
published in the Official Gazette, make provision for the following, namely:- (a)
that, in a case falling
under clause (a) of that sub-section, a Panchayat shall be established for the
local area declared to be a Panchayat Circle; or (b)
that, in a case falling
under clause (b) of that sub-section, the election of the members for the
additional local area shall be held; or (c)
that, in a case falling
under clause (c) of that sub-section, the existing Panchayats shall stand
dissolved and new Panchayats shall be constituted in accordance with the
provisions of this Act within a period of six months from the appointed day; or
(d)
that, in a case falling
under clause (d), the Panchayat shall stand dissolved or, as the case may be,
the members who, in the opinion of the State Government, represent the local
area excluded from the Panchayat Circle shall stand removed: Provided that for so
long as a Panchayat or a new Panchayat is not established under clause (a) or,
as the case may be, under clause (c), all power and duties of the Panchayat
shall be exercised and performed by such administrator as the State Government
may appoint in this behalf: Provided further that
no act of a Panchayat shall be deemed invalid by reason of any vacancy of the
members referred to in clause (b). (3)
Upon the exclusion of any
local area of a municipality and its declaration as or, as the case may be,
inclusion in, a Panchayat Circle under sub-section (1),- (a)
such area shall cease to be
a municipality; (b)
the members of the board
representing the area of the municipality so declared or included in a Panchayat
Circle shall vacate their respective offices but without prejudice to their
eligibility for election to the Panchayat to be constituted for such area or,
as the case may be, the Panchayat, in the area whereof, such area is included; (c)
the whole of the assets
vesting in, and of the liabilities subsisting against, the municipality so
declared to be a Panchayat or, in case where only a part of a municipality is
included in, or declared to be a Panchayat, such portion of the said assets and
liabilities as the State Government may direct, shall devolve upon the
Panchayat declared for such area or upon the Panchayat in which such area of
the municipality is included; (d)
until new rules,
notifications, orders and bye-laws are made or issued under this Act and unless
the State Government otherwise directs, all rules, notifications, orders and
bye-laws applicable;- (e)
to the Panchayat in which
such area is included; and (f)
where the whole or a parts
of a municipality is declared to be a Panchayat, to the area of the Panchayat
Samiti which shall, by reason of the concerned area falling in the block of
such Panchayat Samiti, have jurisdiction on the area so declared to be a
Panchayat, shall continue to apply to the area so included or declared; (g)
the Panchayat so established
by inclusion of any area of a municipality therein or by the declaration of a
municipality as a Panchayat shall levy or continue to levy such of the taxes as
are lawfully imposed under this Act; (h)
any such area shall cease to
be subject to all rules, notifications, orders and bye-laws made under the
Rajasthan Municipalities Act, 1959 (Rajasthan Act 38 of 1959); and (i)
the Panchayat in which such
area is included or the Panchayat which is declared for such area and the
Panchayat Samiti and Zila Parishad respectively of the Block and District, in
which the area so included or declared falls, shall exercise jurisdiction over
such area and the municipality in which such area was included or, as the case
may be, the municipality which was established for such area shall cease to
function therein. (4)
When any local area ceases
to be a Panchayat and is included within the local limits of the jurisdiction
of some other local authority, the Panchayat Fund and other property and rights
vesting in the Panchayat shall vest in such other local authority and the
liabilities of the Panchayat shall be the liabilities of such other local
authority. (5)
When any local area is
excluded from a Panchayat Circle and included in another Panchayat Circle, such
portion of the Panchayat Fund and other property vested in the Panchayat of the
first mentioned Circle shall vest in, and such portion of the liabilities
thereof shall be the liabilities of the other Panchayat as the State Government
may, after consulting both the Panchayats, 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 Panchayat Fund or properties or liabilities. (5A) When it is considered necessary so to do, whether as
a consequence of an action taken under sub-section (1) or otherwise, the State
Government may alter the limits of a Panchayat Samiti or a Zila Parishad area
and to every such case of alteration the provisions contained in the foregoing
sub-sections shall mutatis mutandis apply. (6)
The State Government may,
for the purpose of the foregoing sub-sections, make such orders and give such
directions as it may consider necessary. (7)
Save as otherwise provided
in this section its provisions shall have effect, notwithstanding anythings
contained in this Act or the Rajasthan Municipalities Act, 1959 (Rajasthan Act
38 of 1959) or any other law for the time being in force. Explanation.- In this
section, "appointed day" means the day from which a change referred
to in sub-section (1) takes place. (1)
The State Government may, by
notification in the Official Gazette, make rules, consistent with this Act, to
carry out the purposes thereof. (2)
In particular and without
prejudice to the generality of the foregoing power, such rules may be made - (a)
for the whole or any part of
the State of Rajasthan and for all or any Panchayati Raj Institution; (b)
to provide for any matter
for which power to make provision is conferred expressly or by implication on
the State Government by or under this Act; and (c)
for the guidance of the
Panchayati Raj Institutions and of servants and authorities of the matter
connected with the carrying out of the provisions of this Act; and (d)
to provide for the levy of
fees for the inspection or search of any document issued under this Act or of
any record maintained under or for the purposes of this Act and for giving
copies of or extracts from such document or record and the scale of such fees. (3)
All rules made under this
section shall be laid, as soon as may be after they are so made, before the
House of the State Legislature, while it is in session, for a period of not
less than fourteen days, which may be comprised in one session or in two
successive sessions and, if before the expiry of the sessions in which they are
so laid or of the session immediately following, the House of the State
Legislature makes any modification in any of such rules or resolves that any
such rule should not be made, such rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be, so however that any
modification or annulment shall be without prejudice to the validity of anything
previously done thereunder. (1)
The Zila Parishad may, and
when required by the State Government, shall make bye-laws for any Panchayat,
consistent with this Act and the rules made thereunder, for the purpose of
promoting and maintaining the health, safety and convenience of persons
residing within the jurisdiction of such Panchayat and for furtherance of the
administration of Panchayats under this Act. (2)
All bye-laws made under this
section shall be published in the Official Gazette. (1)
Subject to the provisions of
this Act and the rules made thereunder, a Panchayat may frame bye-laws
consistent with any bye-laws made under Sec. 103- (a)
to prohibit the removal or
use of water for drinking purposes from any source which is likely to cause
danger to health and to prohibit the doing of anything likely to contaminate
any source of drinking water; (b)
to prohibit or regulate the
discharge of waste from any drain or premises on a public street or into a
river, pond, tank, well or any other place; (c)
to prevent damage to public
streets and Panchayat property; (d)
to regulate sanitation,
conservancy and drainage in its Panchayat Circle; (e)
to prohibit or regulate the
use of public streets or other places by shopkeepers or other individuals and
to regulate the collections of market tools on public streets; (f)
to regulate the manner in
which tanks, ponds, cesspools, pasture lands play grounds, manure pits, land
for disposal of dead bodies and bathing places shall be maintained and used; (g)
to regulate the disposal of
carecasses of dead animals; and (h)
to regulate the places used
for the sale of meat or fish and wine. (2)
The draft of the bye-laws to
be framed by a Panchayat under Sub-sec. (1) shall be published in the
prescribed manner, and any objection received thereto shall be considered at a
meeting of the Panchayat, whereafter the bye-laws shall be submitted together
with the objections, if any, received and the decisions taken thereon, to the
Zila Parishad, the bye-laws as sanctioned by the Zila Parishad shall come into
force on their publication in the Official Gazette. (1)
A Panchayat Samiti or Zila
Parishad may from time to time make bye-laws, not inconsistent with the
provisions of this Act or the rules made thereunder, for carrying out the
purpose for which it is constituted. (2)
No bye-laws made by a
Panchayat Samiti or Zila Parishad shall take effect unless thay are sanctioned
by the State Government. (3)
The bye-laws as sanctioned
by the State Government shall come into force on their publication in the
Official Gazette. In making a rule or a
bye-law under this Act, the authority making the rule or bye-law may also
provide that a breach there of shall be punishable with fine which may extend
to two hundred Rupees and when the breach is a continuing one, with a further
fine which may extend to ten rupees for every day after the date of the first
conviction during which the offender is proved to have persisted in the
offence. (1)
If any dispute arises
between two Panchayati Raj Institution or between a Panchayati Raj Institution
and any other local authority, it shall be referred to the State Government. (2)
The decision of the State
Government on such dispute shall be final and shall not be questioned through
any suit of other proceeding before any Civil Court. CHAPTER 5 Miscellaneous The members, officers
and servants of a Panchayati Raj Institution and a Standing Committee or
sub-committee thereof shall be deemed to be public servants within the meaning
of section 21 of the Indian Penal Code, 1860, (Central Act 45 of 1860). (1)
No suit or other civil
proceeding against a Panchayati Raj Institution or against any member, officer
or servant thereof or against any person acting under the direction of a
Panchayati Raj Institution or any member, officer or servant thereof for
anything done or purporting to be done under this Act in its or his official
capacity-- (a)
shall be instituted until
the expiration of two months after notice in writing, stating the cause of
action, the name and place of abode of the intending plaintiff and the nature
of the relief which he claims, has been delivered or left at its office or, in
the case of a member, officer, servant or person as aforesaid, delivered to him
or left at the office or at his usual place of abode, and the plaint shall in
each such case contain a statement that such notice has been so delivered or
left, or (b)
shall be instituted, unless
it is a suit for the recovery of immovable property or for a declaration title
thereto, otherwise than within six months after transfer next the accrual of
the alleged cause of action. (2)
The notice referred to in
sub-section (1), when it is intended for a Panchayat, Panchayat Samiti or a
Zila Parishad, shall be addressed to the Sarpanch, Vikas Adhikari or the Chief
Executive Officer respectively. (3)
There is some mistake of
printing here in this clause. Hindi text of Clause (b) runs as under, may be
persued Every police officer
shall give immediate information to the Panchayat of an offence coming to his
knowledge which has been committed against this Act or any rule or bye-law made
thereunder and shall assist all Panchas, officers and servants of the Panchayat
in the exercise of their lawful authority. (1)
Every member of a Panchayati
Raj Institution including the Chairperson or deputy Chairperson thereof shall
be liable to the Panchayati Raj Institution of which he is such member or, as
the case may be, such Chairperson or deputy Chairperson for the loss, waste or
mis-application of any money or other property belonging to such direct
consequences of his neglect or misconduct while in office as such member or, as
the case may be such Chairperson or deputy Chairperson. (2)
Whenever, on a complaint
made by a Panchayati Raj Institution or otherwise the competent authority is of
opinion that any such member or, as the case may be, such Chairperson or deputy
Chairperson has caused or done any loss, waste or mis-application of any money
or other property belonging to the Panchayati Raj Institution the competent
authority shall give notice to the concerned office-bearer of the allegations
against him and require him to appear on the date and time to be specified in
the notice and to file a written statement in reply to the allegations against
him. (3)
If on appearance the member
or, as the case may be, the Chairperson or the deputy Chairperson admits his
liability and its amount, the competent authority shall pass an order for the
recovery of the amount of each liability from such member or, as the case may
be, such Chairperson or deputy Chairperson. (4)
If the member or, as the
case may be, the Chairperson of the deputy Chairperson disputes his liability
or its extent, the competent authority or the officer authorized and after
recording evidence in support of the allegations and after giving the concerned
office-bearer, opportunity to cross-examine the witness and to adduce evidence
in defence shall, by order, determine the extent and amount of liability of such
office-bearer for such, waste or mis-application of money or property. (5)
Any person aggrieved by an
order made by the competent authority under Sub-sec. (4) may appeal therefrom
to the State Government within thirty days of the date on which the order is communicated
to him. The competent authority and the State Government may, after giving the
parties interested an opportunity of being heard, confirm, modify or set aside
the order or remit the case to the competent authority for such further enquiry
as it thinks fit. (6)
The Panchayati Raj
Institution to which such member or, as the case may be, such Chairperson or
deputy Chairperson is liable, shall be and shall be deemed to be a party in an
enquiry under this section before the competent authority or in an appeal under
Subsec. (5) before the State Government. (7)
The competent authority or
the State Government holding an enquiry or hearing anappeal under this section
shall have the powers of a Civil Court under the Code of Civil Procedure, 1908
(Central Act V of 1908) relating to- (a)
proof of facts by
affidavits; (b)
enforcing attendance of any
person and his examination on oath; (c)
production of documents; and (d)
issuing of commission. (8)
The amount of any liability
ordered to be recovered under Sub-sec. (3) or determined under Sub-sec. (4)
shall be recoverable by the Panchayati Raj Institution concerned from such
member or, as the case may be, such Chairperson or deputy Chairperson as an
arrear of land revenue. (9)
No civil or other revenue
Court shall have jurisdiction in respect of any matter which is required to be
decided, determined, or dealt with by the competent authority or State
Government under this section and no order made by the competent authority or
State Government shall be called in question in any court. No party to a civil
proceeding before a Panchayati Raj Institution shall be entitled, as of right,
to be represented by a legal practitioner. No notice issued
under this Act shall be invalid on account of any defect or omission in its
form. The Sarpanch of a
Panchayat and, if authorised in this behalf, any Panch, Officer or servant
thereof, may enter into or upon any building or land with or without assistants
or workmen, in order to make an inspection or survey or to execute a work which
a Panchayat is authorised by this Act or by rules or bye-laws made thereunder,
to make or execute or which it is necessary for a Panchayat for any or the
purpose or in pursuance of any of the provisions of this Act or of rules or
bye-laws thereunder to made or execute : (a)
except when it is in this
Act or in rules or bye-laws thereunder otherwise expressly provided, no such
entry shall be made between sunset and sunrise; (b)
except when it is this Act
or in rules or bye-laws thereunder otherwise expressly provided, no building
which is used as a human dwelling shall be so entered except with the consent
of the occupier thereof and without giving the said occupier previous notice of
the intention to make such entry; (c)
sufficient notice shall in
every instance be given even when any premises can otherwise be entered without
notice to enable the inmates of any apartment appropriated for females to move
to some such part of the premises where their privacy shall not be disturbed;
and (d)
due regard shall always be
had to the social and religious usages of the occupants of the premises
entered. Upon the publication
of the figures of each census, the number of seats of a Panchayati Raj
Institution shall be determined by the State Government on the basis of the
population of the area of the Panchayati Raj Institution concerned as
ascertained at that census: Provided that the
determination of the number as aforesaid shall not affect the then composition
of the Panchayati Raj Institution concerned until the expiry of the term of
office of the elected members then in office. (1)
If it appears to the
Collector that in connection with general election to be held under this Act,
any vehicle, vessel or animal is needed or is likely to be needed for the
purpose of transport of ballot boxes to or from any polling station, or
transport of members of the police force for maintaining order during the
conduct of such election, or transport of any officer or other person for
performance of any duties in connection with any such election, the Collector
may by order in writing requisition such vehicle, vessel or animal, as the case
may be, and may make such further orders as may appear to him to be necessary
or expedient in connection with the requisitioning: Provided that no
vehicle, vessel or animal which is being lawfully used by a candidate or his
agent for any purpose in connection with the election of such candidate shall
be requisitioned under this sub-section until the completion of the poll at
such election. (2)
The requisition shall be
effected by an order in writing addressed to the person deemed by the Collector
to be the owner or person deemed by the Collector to be the owner or person in
possession of the vehicle, vessel or animal and such order shall be served in
the prescribed manner on the person to whom it is addressed. (3)
Whenever any vehicle, vessel
or animal is requisitioned under sub-section (1), the period of such
requisition shall not extend beyond the period for which the same is required
for any of the purposes mentioned in that sub-section. (4)
Whenever the Collector
requisitions any vehicle, vessel or animal, there shall be paid to the owner
thereof, out of the Consolidated Fund of the State, compensation the amount of
which shall be determined by the Collector on the basis of the fares or rates
prevailing in the locality for the hire of such vehicle, vessel or animal : Provided that, where
the owner of such vehicle, vessel or animal being aggrieved by the amount of
compensation so determined, makes an application within the prescribed time to
the State Government, the amount of compensation to be paid shall be such as
the State Government may determine. (5)
Where, immediately before
the requisition, the vehicle or vessel is, by virtue of a hire purchase
agreement, in the possession of a person other than the owner, the amount
determined under sub-section (4), as the total compensation payable in respect
of the requisition shall be apportioned between that person and the owner in
such manner as they may agree upon, and, in default of agreement, in such
manner, as the Collector or the State Government may decide. (6)
The Collector may, with a
view to requisitioning any vehicle, vessel or animal or determining the amount
of compensation payable under this section, by order, require any person to
furnish to such officer or authority as may be specified in the order, such
information in his possession relating to such vehicle, vessel or animal as may
be so specified. (7)
Any person authorised in
this behalf by the Collector may enter into or upon any land or premises and
inspect any vehicle, vessel or animal therein for the purpose of determining
whether and if so in what manner, an order under sub-section (1) should be made
in relation to such vehicle, vessel or animal, or with a view to securing
compliance with any order made under this section. (8)
If any person contravenes
any order made under this section shall be punishable with imprisonment for a
term which may extend to one year or with fine or with both. Notwithstanding
anything contained in this Act, - (a)
the validity of any law
relating to the delimitation of constituencies or wards or the allotment of
seats to such constituencies or wards made or purporting to be made under this
Act, shall not be called in question in any court, and (b)
no election to any
Panchayati Raj Institution shall be called in question except by an election
petition presented to such authority and in such manner as is provided for by
or under this Act. No civil court shall
have jurisdiction - (a)
to entertain or adjudicate
upon any question whether any person is or is not entitled to be registered in
an electoral roll for a constituency; or (b)
to question the legality of
any action taken by or under the authority of an electoral registration
officer, or any decision given by any authority appointed under this Act for
the revision of such roll; or (c)
to question the legality of
any action taken or of any decision given by the returning officer or by any
other person appointed under this Act in connection with an election. (1)
The Finance Commission,
hereinafter in this section referred to as the "Commission", shall
consist of the following members to be selected in such manner as may be
prescribed - (a)
A Chairperson from amongst
persons who have had experience in public affairs; and (b)
Such number of other members
not exceeding four as the State Government may determine from time to time from
amongst persons who- (i)
have special knowledge of
the finance and accounts of the Government; or (ii)
have had wide experience in
financial matters and in administrator; or (iii)
have special knowledge of
functioning of the Panchayati Raj Institutions and Municipal Bodies; or (iv)
have been closely associated
with preparation and / or implementation of rural and urban development
programmers. (2)
A person shall be
disqualified for being appointed as, or for being a member of the Commission- (a)
if he is of unsound mind; (b)
if he is an un-discharged
insolvent; (c)
if he has been convicted of
an offence involving moral turpitude; (d)
if he has such financial or
other interest as is likely to effect prejudicially his functions as a member
of the Commission. (3)
The term of office and
eligibility for re-appointment shall be as follows :- (i)
every member of the
Commission shall hold office for such period as may be specified in the order
of the Government appointing him, but shall be eligible for reappointment, (ii)
a member of the Commission
may resign his office by a letter written under his hand and addressed to the
Government, but he shall continue in office until his resignation is accepted
by the Government; and (iii)
the casual vacancy caused by
the resignation of a member under Clause (ii) or for any other reason may be
filled in by fresh appointment and a member so appointed shall hold office only
for the remainder of period for which the member in whose place he is appointed
would have held office. (4)
The member of the Commission
shall render whole-time or part-time service to the Commission as the
Government may in each case specify and there shall be paid to them such fees
or salaries and such allowances as the Government may, by rules made in this
behalf, prescribe. (5)
The Commission shall
determine their procedure and in the performance of their functions shall have
all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V
of 1908) while trying a suit in respect of the following matters namely:- (a)
summoning and enforcing the
attendance of witnesses; (b)
requiring the discovery and
production of any document; (c)
requisitioning any public
record from any Court or office; (d)
receiving evidence on
affidavits. (e)
issuing commissions for the
examination of witnesses and documents; and (f)
any other matter which may
be prescribe. (6)
The Commission shall have
power to require any person to furnish information on such points or matters as
in the opinion of the Commission may be useful for, or relevant to, any matter
under the consideration of the Commission and any person so required shall,
notwithstanding anything contained in any law for the time being in force, be
deemed to be legally bound to furnish such information within the meaning of
Sec. 176 of the Indian Penal Code. (7)
The Commission shall be
deemed to be a Civil Court of the purposes of Secs. 345 and 346 of the Code of
Criminal Procedure, 1973 (Act 2 of 1974). (8)
The Government shall provide
the Commission with such officers and employees as may be necessary for the performance
of the functions of the Commission. (9)
The salaries and allowances
payable to and the other terms and conditions of service of the officers and
other employees appointed for the purpose of the Commission shall be such as
may be prescribe. (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 Government, designate
or nominate in this behalf. (2)
Subject to the
superintendence, direction and control of the State Election Commission, the
Chief Electoral Officer shall -- (a)
supervise the preparation,
revision and correction of all electoral rolls in the State under this Act; (b)
supervise the conduct of all
elections under this Act; and (c)
exercise such other powers
and functions as the State Election Commission may direct. (3)
For each district in the
State, the State Election Commission shall in consultation with the Government,
designate or nominate an officer of the Government as a District Election
Officer: Provided that the
State Election Commission may designate or nominate more than one such officer
for a district if the Commission is satisfied that the functions of the office
can not be performed satisfactorily by one officer. (4)
Where more than one District
Election Officer are designated or nominated for a district, the 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. (5)
The electoral roll for each
constituency shall, subject to the control of the District Election Officer, be
prepared, revised, modified, updated and published by the Electoral
Registration Officer who shall be such officer of the Government or a local
authority as the State Election Commission may, in consultation with the
Government, designate or nominate in this behalf. (6)
The State Election
Commission may appoint one or more persons as Assistant Electoral Registration
Officers to assist the Electoral Registration Officer in the performance of his
function. (7)
The Government shall, when
so requested by the State Election Commission, make available to the State
Election Commission such staff as may be necessary for the discharge of the
functions conferred on the State Election Commission by or under this Act or
any other law for the time being in force. (1)
Every local authority in the
State shall, when so requested by the Chief Electoral Officer or the District
Election Officer (Panchayats), make available to any Electoral Registration
Officer such staff as may be necessary for the performance of any duties in
connection with preparation and revision of electoral rolls. (2)
The authorities specified in
Sub-sec. (3) shall, when so requested by the Chief Electoral Officer or the
District Election Officer (Panchayats), 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-sec. (2), namely:- (i)
every local authority; (ii)
any other body corporate or
public undertaking which is established by the State Government by or under a
State Act or a Central Act or which is established otherwise but controlled,
aided or financed wholly or substantially by the State Government. The officers or staff
employed in connection with the preparation, revision and correction of the
electoral rolls for, and 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 employed and such officers and staff shall, during
that period be, subject to the control and superintendence of the State
Election Commission. (1)
Whether a member of staff
having deputed for performing duties in connection with elections or in
connection with preparation, revision and correction of electoral rolls under
this Act, does not report for duty or having reported for such duty, does not
perform duties assigned to him, shall be punishable with imprisonment for a
term which may extend to one year, or with fine which may extend to Rupees five
thousand, or with both. (2)
An offence punishable under
Sub-sec. (1) shall be cognizable. The functions of the
State Election Commission under this Act or the rules or orders issued
thereunder, 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. (1)
The Government shall
constitute in every district a District Planning Committee, hereinafter in this
section, referred to as "the Committee" to consolidate the plans
prepared by the Panchayati Raj Institutions and the Municipalities in the
district and to prepare a draft development plan for the district as a whole. (2)
The Committee shall consist
of such number of members as may be fixed by the Government from time to time
by notification in the Official Gazette and in so fixing the total number of
members of the committee, the Government shall specify the number respectively
of the nominated members and elected members. Provided that not
less than four-fifth of the total number of members of such committee shall be
elected by, and from amongst, the elected members of the Zila Parishad and of the
municipalities in the district in proportion to the ratio between the
population of the rural area and of the urban areas in the district. (3)
The elected members shall be
chosen in such manner as may be prescribed. (4)
The nominated members may
consist of :- (a)
persons representing the
State Government; (b)
members of the House of the
People or of the Rajasthan Legislative Assembly who represent a constituency
comprising the whole or part of the district; (c)
members of the Council of
States who are registered as electors in the district; and (d)
members representing such
organisations and in situations as may be deemed necessary by the Government. (5)
The committee shall have - (a)
such functions relating to
district planning as may be assigned to it by the Government; and (b)
such powers as may be
conferred on it by the Government. (6)
The Chairperson of such
Committee shall be the Pramukh of the Zila Parishad concerned. (7)
Every Committee shall, in
preparing the draft development plan,- (a)
have regard to - (b)
matters of common interest
between the Panchayati Raj Institutions and the Municipalities including
spatial planning, sharing of water and other physical and natural resources,
the integrated development of infrastructure and environmental conservation;
and (c)
the extent and type of available
resources whether financial or otherwise; and (d)
consult such institutions
and organisations as the Government may by order, specify. (8)
The Chairperson of every
Committee shall forward the development plan, as recommended by such committee
to the Government. EXPLANATION:- for the
purpose of this section, the term "Municipality" shall have the
meaning assigned to it by the Rajasthan Municipalities Act, 1959. (1)
As soon as may be, after the
first day of April in every year and not later than such date as may be fixed
by the Government, the Sarpanch, Vikas Adhikari and Chief Executive Officer,
shall, place before the Panchayat, Panchayat Samiti or, as the case may be,
Zila Parishad, a report on the administration of the Panchayat, Panchayat
Samiti or, as the case may be, Zila Parishad during the preceding financial
year in such form and with such details as the Government may direct and shall
forward the report with resolution of the respective Panchayati Raj
Institutions to the prescribed authority for onward transmission to the State
Government. (2)
The report submitted to the
Government under Sub-sec.(1) shall, together with a memorandum by the
Government reviewing the working of the Panchayati Raj Institution concerned,
be laid before the House of the State Legislature. (1)
If any difficulty arises in
giving effect to, enforcing or carrying out the provisions of this Act, the
State Government may, by order published in the Official Gazette, give such
directions and do such things which appear to it to be necessary for the
removal of such difficulty: Provided that no such
order shall be made after the expiration of three years from the commencement
of this Act. (2)
Every order made under
sub-section (1) shall be laid before the House of the Rajasthan Legislative
Assembly. (1)
On the date of commencement
of this Act, hereinafter in this section referred to as the date of
commencement, the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 of 1953) and
the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37
of 1959) shall stand repealed and the following consequences shall ensue, that
is to say-- (a)
all property, movable and
immovable, and all interests of whatsoever kind therein, which vested in an
existing Panchayati Raj Institution, immediately before the date of
commencement, shall be deemed to be transferred to, and shall vest in the
successor Panchayati Raj Institution, subject to all limitations, conditions
and rights or interests of any person, body or authority in force or subsisting
immediately before the date of commencement; (b)
all rights, liabilities and
obligations of an existing Panchayati Raj Institution, (including those arising
under any agreement or contract) shall be deemed to be the rights, liabilities
and obligations of the successor Panchayati Raj Institution; (c)
all functions of the
existing Panchayati Raj Institutions, whether under the Acts repealed as aforesaid
or under any other law for the time being in force, shall be deemed to have
been transferred to the successor Panchayati Raj Institutions under this Act; (d)
all sums due to an existing
panchayati Raj Institution, whether on account of any tax or otherwise, shall
be recoverable by the successor Panchayati Raj Institution and for the purposes
of such recovery the successor Panchayati Raj Institution shall be competent to
take any measure or institute any proceedings which it would have been open to
an existing Panchayati Raj Institution or any authority thereof to take or
institute before the date of commencement; (e)
the unexpended balance in
the funds of the existing Panchayati Raj Institutions and all sums due to such
Institutions and such sums of any other body or bodies as the State Government
may direct shall form part of, and be paid into, the funds of the corresponding
successor Panchayati Raj Institutions; (f)
all contracts made with, and
all instruments executed by or on behalf of an existing Panchayati Raj
Institution shall be deemed to have been made with, or executed by or on behalf
of the successor Panchayati Raj Institution, and shall have effect accordingly; (g)
all proceedings and matters
pending before an existing Panchayati Raj Institution or any authority of an
existing Panchayati Raj Institution under the repealed Acts immediately before
the date of commencement shall be deemed to have been instituted and to be
pending before the successor Panchayati Raj Institution or such authority as
the successor Panchayati Raj Institution may direct; (h)
in all suits and legal
proceedings pending on the date of commencement in or to which an existing
Panchayati Raj Institution, is a party, the successor Panchayati Raj
Institution, shall be deemed to be substituted therefor; (i)
any appointment
notification, notice, tax, fee, order, scheme, licence, permission, rule,
bye-law, regulation or form made, issued, imposed or granted in respect of any
existing Panchayati Raj Institution or the local area thereof under the repealed
Acts and in force immediately before the date of commencement, shall, in so far
as it is not inconsistent with the provisions of this Act, continue to be in
force as if made, issued, imposed or granted under this Act in respect of the
successor Panchayati Raj Institution or the corresponding local area thereof
until superseded or modified by any appointment, notification, notice tax, fee,
order, scheme, licence, permission, rule, bye-law, regulation or form made,
issued, imposed or granted under this Act; (j)
all budget estimates,
assessments, assessment lists, valuations or measurements made or authenticated
by or in respect of an existing Panchayati Raj Institution under the repealed
Acts and in force immediately before the date of commencement shall, in so far
as they are not inconsistent with the provisions of this Act, be deemed to have
been made or authenticated by the successor Panchayati Raj Institution; (k)
all officer and servants in
the employment of an existing Panchayati Raj Institution immediately before the
date of commencement, shall, subject to the provisions of this Act, be deemed
to be transferred to the service of the successor Panchayati Raj Institution;
and (l)
any reference in any law or
in any instrument to any provision of the repealed Acts, or any authority
constituted, elected or appointed thereunder shall, unless a different
intention appears, be construed as a reference to the corresponding provision
of this Act, or as the case may be, to the corresponding authority constitued,
elected or appointed under this Act. (2)
On the date of commencement
of the Rajasthan Panchayati Raj (Amendment) Act, 1994 (Act No. 23 of 1994),
section 43 of the Rajasthan Gramdan Act, 1971 (Act No. 12 of 1971) shall stand
deleted, and as a result of such deletion, consequences enumerated in clauses
(a) to (1) of sub-section (1) shall ensue as if the Gram Sabha of a Gramdan
Village referred to in the aforesaid deleted section was an existing Panchayati
Raj Institution. Explanation :- For
the purposes of this section,-- (a)
"an existing Panchayati
Raj Institution" means a Panchayat, Panchayat Samiti or a Zila Parishad
existing immediately before the date of commencement and, where any such
Panchayat Raj Institution has been superseded or dissolved or the term thereof
has expired, includes the person or persons appointed to exercise the powers or
to perform the functions of such Panchayati Raj Institution; and (b)
"the successor
Panchayati Raj Institution" means a Panchayat, a Panchayat Samiti or a
Zila Parishad constituted under this Act for such local area as corresponds to
the respective local area of the existing Panchayat, Panchayat Samiti or Zila
Parishad.The
Rajasthan Panchayats Raj Act, 1994