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Report CopyRight/DMCA Form For : Rajasthan Municipalities Act 2009 As Amended In 2010
Hkkx 4 d jktLFkku jkt i flrEcj 11 2009 9 359,Authorized English Translation. THE RAJASTHAN MUNICIPALITIES ACT 2009,Act No 18 of 2009. Received the assent of the Governor on the 11th day of. September 2009, to consolidate and amend the laws relating to the Municipalities in. the State of Rajasthan and to provide for matters connected. therewith and incidental thereto, Be it enacted by the Rajasthan State Legislature in the. Sixtieth Year of the Republic of India as follows,Preliminary. 1 Short title extent and commencement 1 This Act, may be called the Rajasthan Municipalities Act 2009. 2 It extends to the whole of the State of Rajasthan. excluding cantonment areas therein, 3 It shall come into force on such date as the State. Government may by notification in the Official Gazette appoint. 2 Definitions In this Act unless the context otherwise. i Auditor mean the auditor defined in the Rajasthan. Local Funds Audit Act 1954 Act No 28 of 1954,ii Backward Classes means such backward classes. of citizens other than the Scheduled Castes and the. Scheduled Tribes as may be notified by the State,Government from time to time. iii balance sheet means the balance sheet prepared. under section 92,9 360 jktLFkku jkt i flrEcj 11 2009 Hkkx 4 d. iv bio medical waste means any waste that is,generated during the diagnosis treatment or. immunization of human beings or animals or in,research activities pertaining thereto or in the. production or testing of biological materials and,a human anatomical waste. b animal waste,c microbiological and biotechnological wastes. d waste sharps,e discarded medicines and cyto toxic drugs. f solid waste,g liquid waste,h incineration ash and. i chemical waste,v bridge includes a culvert,vi budget estimate means the budget estimate. prepared under section 87, vii budget grant means the total sum entered on the. expenditure side of a budget estimate under a major. head and adopted by the Municipality and includes, any sum by which such budget grant is increased or. reduced by transfer from or to other heads in, accordance with the provisions of this Act and the. rules and the bye laws made thereunder,viii builder or developer means an agency or. individual who has constructed a complex on his,own land or on others land under an agreement. ix building means a structure constructed for,whatever purpose and of whatever materials and. includes the foundation plinth walls floors roofs,chimneys fixed platforms verandas balconies. Hkkx 4 d jktLFkku jkt i flrEcj 11 2009 9 361,cornices or projections or part of a building or. anything affixed thereto or any wall other than a,boundary wall of less than three meters in height. enclosing or intended to enclose any land sign or,outdoor display structure but does not include a. tent shamiana or tarpaulin shelter, x building site means a portion of the land held for. building purpose,xi bye laws mean the bye laws made under this Act. xii Chairperson means,a Chairman in case of a Municipal Board. b President in case of a Municipal Council and,c Mayor in case of a Municipal Corporation. xiii Chief Municipal Officer means,a the Chief Executive Officer cum Commissioner. in case of a Municipal Corporation,b the Commissioner in case of a Municipal. Council and,c the Executive Officer in case of a Municipal. xiv clear days used with reference to the period of. notice under any provision of this Act includes, Sundays and other holidays but does not include the. date of receipt of such notice by the person to whom. it is addressed or the date specified in the notice. xv complex means a building comprising twenty five. or more units in case of commercial use and ten or. more units in case of residential use,xvi corporator means a member of a Municipal. Corporation,9 362 jktLFkku jkt i flrEcj 11 2009 Hkkx 4 d. xvii councillor means a member of a Municipal, xviii dairy includes any farm cattle shed cow house. milk store milk shop or other place,a from which milk is supplied on or for sale or. b in which milk is kept for the purposes of sale,or which is used for manufacture or. preparation for sale of,i butter or,ii ghee or,iii cheese or. iv curds or,v dried sterilized condensed or toned milk. but does not include,i a shop or other place in which milk is sold. for consumption within its premises only,ii a shop or other place from which milk is. sold or supplied in hermetically closed and,unopened receptacles in the same original. condition in which it was first received in,such shop or other place. xix dangerous disease means,a cholera plague small pox cerebrospinal. meningitis diphtheria tuberculosis leprosy,influenza encephalitis poliomyelitis or. syphilis or,b any other epidemic endemic or infectious. disease which the State Government may by,notification declare to be a dangerous disease. for the purposes of this Act,Hkkx 4 d jktLFkku jkt i flrEcj 11 2009 9 363. xx deficit in parking space means the deficits in the. provision for parking spaces required under bye,laws made in this behalf for different types of. vehicles in any non residential buildings including. complexes and institutional buildings whether,constructed unauthorized or by change of land use. xxi Director of Local Bodies mean an officer,appointed as such by the State Government or any. other officer of the State Government designated as. Commissioner or any other designation authorized,by it to perform the functions of the Director of. Local Bodies under this Act, xxii disposal means final disposal of municipal solid. wastes in terms of the specified measures to prevent. contamination of ground water surface water and,ambient air quality. xxiii District Magistrate means the person appointed under. section 20 of the Code of Criminal Procedure 1973, Central Act No 2 of 1974 to be the District Magistrate. xxiv drain includes a sewer pipe ditch channel or any. other device for carrying spillage sewage and, polluted water rainwater or sub soil water together. with pail depots traps sinks cisterns flush tanks,and other fittings appertaining thereto. xxv Executive Committee means the Executive,Committee referred to in section 55. xxvi Finance Commission means the Finance,Commission constituted under Article 243 I of the. Constitution of India, xxvii financial statement means the financial statement. prepared under section 92,9 364 jktLFkku jkt i flrEcj 11 2009 Hkkx 4 d. xxviii fire brigade means the fire fighting force,established and maintained by the Municipality. under section 256,xxix fire fighting property includes. a lands and buildings used as fire stations,b fire engines equipments tools hydrator. implements and things whatsoever used for,fire fighting. c motor vehicles and other means of transport,used in connection with fire fighting. d uniforms and badges of rank,xxx fire station means any post or place declared. generally or specially by the State Government,to be fire station. xxxi hazardous wastes mean the categories of wastes. specified as such in the Environment Protection,Act 1986 Central Act No 29 of 1986. xxxii inhabitant used with reference to a local area. means any person ordinarily residing or carrying,on business or owning or occupying immovable. property therein,xxxiii land includes land which is built upon or. covered with water,xxxiv latest census figures mean the figures as. ascertained at the last preceding census of which,the relevant figures have been published. xxxv lodging house includes a collection of buildings. or a building or part of a building used for the,accommodation of pilgrims and travellers. xxxvi member means any person who is lawfully a,member of a Municipality and includes in case of. Hkkx 4 d jktLFkku jkt i flrEcj 11 2009 9 365,a Municipal Corporation a corporator in case of. a Municipal Council a councillor and in case of a,Municipal Board a member. xxxvii milk includes cream skimmed milk separated,milk and condensed sterilized desiccated or. toned milk,xxxviii municipal accounting manual means the. municipal accounting manual prepared and,maintained under section 91. xxxix municipal area means the territorial area of a. Municipality as notified by the State Government,from time to time. xl municipal fund means the municipal fund,referred to in section 79. xli municipal solid waste includes commercial and, residential waste generated in a municipal area in. either solid or semi solid form excluding,industrial hazardous waste but including treated. bio medical waste,xlii Municipality means a Municipal Corporation. Municipal Council and a Municipal Board in,existence at the time of commencement or. constituted in accordance with the provisions of,xliii No Objection Certificate means the document. issued by the authority entitled to do so by this,Act or rules made thereunder and shall include a. provisional No Objection Certificate,xliv nuisance includes any act omission place or. thing which causes or is likely to cause injury,danger annoyance or offence to the sense of sight. 9 366 jktLFkku jkt i flrEcj 11 2009 Hkkx 4 d,smell or hearing or which is or may be dangerous. to life or injurious to health or property, xlv occupier includes any person for the time being. paying or liable to pay to the owner the rent or any. portion of the rent of the land or the building in. respect of which the word is used or for damages on. account of the occupation of such land or building. and also includes a rent free tenant,Provided that an owner living in or. otherwise using his own land or building shall be,deemed to be the occupier thereof. xlvi offensive matter means kitchen refuse stable, refuse dung dirt putrid or putrefying substance or. filth of any kind which is not included in sewage,xlvii officer of the Municipality means a person. holding for the time being an office created or, continued by or under this Act but shall not include. a member of the Municipality or of a committee as, xlviii other agency means a company firm society or. body corporate in the private sector or any,institution or government agency or any joint. sector agency or any agency under any other law,for the time being in force. xlix owner includes the person for the time being, receiving the rent of any land or building or of any. part of any land or building whether on his own, account or as an agent or trustee for any person or. society or for any religious or charitable purpose or. as a receiver who would receive such rent if the,Hkkx 4 d jktLFkku jkt i flrEcj 11 2009 9 367. land or the building or of any part of the land or the. building were let to a tenant, l population used with reference to any local area. means the population as ascertained at the last, preceding census of which the relevant figures have. been published,li prescribed means prescribed by this Act or by. rules orders or bye laws made thereunder,lii public place means a space not being private. property which is open to the use or enjoyment of,the public whether such space is vested in the. Municipality or not,liii public securities mean,a securities of the Government of Rajasthan or. of the Central or any State Government in,b a security expressly authorized by any order. which the State Government makes in this,liv public street means any street. a over which the public have a right of way or,b which has heretofore been levelled paved. metal led channelled sewered or repaired,out of municipal fund State Government. fund Central Government fund or other,public funds or. c which under any provision of this Act,becomes a public street. 9 368 jktLFkku jkt i flrEcj 11 2009 Hkkx 4 d,lv rubbish means dust ashes broken bricks mortar. broken glass and refuse of any kind which is not,offensive matter. lvi rules mean a rule made in exercise of a power,conferred by this Act. lvii Scheduled Castes mean any of the castes,specified in the Constitution Scheduled Castes. Order 1950, lviii Scheduled Tribes mean any of the tribes specified. in the Constitution Scheduled Tribes Order 1950,lix sewage means night soil and other contents of. privies urinals cesspools or drains and includes,trade effluents and discharges from manufactories. of all kinds, lx State means the State of Rajasthan as formed by. section 10 of the State Reorganisation Act 1956,Central Act No 37 of 1956. lxi State Finance Commission means the Rajasthan,State Finance Commission as constituted by the. Governor of Rajasthan in exercise of the powers, conferred on him by Article 243 I read with Article. 243Y of the Constitution of India,lxii street means any road bridge foot way lane. square court alley or passage accessible whether, permanently or temporarily to the public whether a. thoroughfare or not and includes on either side,a the drain or gutters and the land up to the. defined boundary notwithstanding the,projection over such land of any verandah or. other super structure,Hkkx 4 d jktLFkku jkt i flrEcj 11 2009 9 369. b every space notwithstanding that it may be,private property or partly or wholly obstructed. by any gate post chain or other barrier if it is,used by any person whether or not occupying. any abutting property as a means of access to,or from any public place or thoroughfare. lxiii sub division means division of a parcel or piece. of land into two or more parts,lxiv tax includes any toll rate cess fee or other. impost leviable under this Act,lxv a transitional area a smaller urban area or a. larger urban area means an area specified under,Article 243Q of the Constitution of India. lxvi urban land means any land vested in or placed at. the disposal of any local authority under any law, for the time being in force for the purpose of urban. development, lxvii vehicle includes a bicycle a tricycle an auto. motor car and every wheeled conveyance which is, used or is capable of being used on a public street. lxviii Vice Chairperson means,a Vice Chairman in case of a Municipal Board. b Vice President in case of a Municipal,Council and. c Deputy Mayor in case of a Municipal,Corporation, lxix village means a village specified under clause g. of Article 243 of the Constitution of India,lxx ward means a ward formed under section 9. 9 370 jktLFkku jkt i flrEcj 11 2009 Hkkx 4 d,lxxi Ward Committee means the Ward Committee. referred to in section 54,lxxii waste management includes collection. segregation storage transportation processing,and disposal of municipal solid waste and. lxxiii whole number or total number when used with. reference to the members of a Municipality means,the total number of members excluding the. members nominated under sub clause ii of clause,a of sub section 1 of section 6 holding office at. CHAPTER II,Constitution and Government of Municipalities. 3 Delimitation of Municipalities 1 The State, Government may by notification published in the Official Gazette. declare any local area not included within the limits of a Municipality. to be a Municipality or include any such area in a Municipality or. exclude any local area from a Municipality or otherwise alter the. limits of any Municipality and when,a any local area is declared as or included in a. Municipality or, b any local area is excluded from a Municipality or. c the limits of a Municipality are otherwise altered. by amalgamation of one Municipality into, another or by splitting up a Municipality into two. or more Municipalities or,d any local area ceases to be a Municipality. the State Government may notwithstanding anything contained in. this Act or any other law for the time being in force by an order. published in the Official Gazette provide,i in a case falling under clause a that the. election of the members for the area or the,Hkkx 4 d jktLFkku jkt i flrEcj 11 2009 9 371. additional area shall be held within a period of,six months from the appointed day. ii in a case falling under clause b that the,members who in the opinion of the State. Government represent the area excluded from,the Municipality shall be removed. iii in a case falling under clause c that until,the term of the Municipality in which another. Municipality is amalgamated expires under,this Act the Chairperson Vice Chairperson. and members of such another Municipality,shall be deemed to be the members of the. Municipality in which such another,Municipality is amalgamated and where a. Municipality is split into two or more,Municipalities that the members representing. the area included in the newly constituted,Municipality shall be deemed to be the. members of such new Municipality and such,new Municipality shall continue unless. dissolved sooner until original Municipality,would have continued. iv in a case falling under clause d that the,Municipality shall be dissolved. Explanation In this sub section appointed day means. the day from which a change referred to in any of the clauses a to. d takes effect, 2 It shall be the duty of every Municipality already. existing and of every Municipality newly established under this. Act and of every Municipality whose local limits are altered as. aforesaid to cause at its own cost to be erected or set up and. 9 372 jktLFkku jkt i flrEcj 11 2009 Hkkx 4 d, thereafter to maintain substantial boundary marks of such. description and in such positions as shall be approved by the. Collector or any officer authorized by him in this behalf defining. the limits or altered limits of the Municipality subject to its. authority as set forth in the notification, 3 When any local area ceases to be a Municipality the. Municipality established therein shall cease to exist and the. balance of the municipal fund and other property and rights vesting. in such Municipality shall subject to all charges and liabilities. affecting the same vest in the State Government and the proceeds. thereof if any shall be expended under the orders of the State. Government for the benefit of the local area in which such. Municipality had jurisdiction, 4 Notwithstanding anything contained in sub section 3. when any local area ceases to be a Municipality and is included. within the local limits of the jurisdiction of some other local. authority the municipal fund and other property and rights vesting. in the Municipality shall vest in such other local authority and the. liabilities of the Municipality shall be the liabilities of such other. local authority, 5 When any local area is excluded from a Municipality. and included in another Municipality such portion of the. municipal fund and other property vested in the first mentioned. Municipality shall vest in and such portion of the liabilities thereof. shall be the liabilities of the other Municipality as the State. Government may after consulting both Municipalities declare by. notification in the Official Gazette, Provided that the provisions of this sub section shall not. apply in any case where the circumstances in the opinion of the. State Government render undesirable the transfer of any portion of.
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