Table Of ContentRajasthan Municipalities Act, 2009
(as amended in 2010)
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(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]
An
Act
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:-
CHAPTER I
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
requires,-
(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;
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(iv) “bio-medical waste” means any waste that is
generated during the diagnosis, treatment or
immunization of human beings or animals, or in
research activities pertaining thereto, or in the
production or testing of biological materials and
includes:-
(a) human anatomical waste;
(b) animal waste;
(c) microbiological and biotechnological wastes;
(d) waste sharps;
(e) discarded medicines and cyto-toxic drugs;
(f) solid waste;
(g) liquid waste;
(h) incineration ash; and
(i) chemical waste;
(v) “bridge” includes a culvert;
(vi) “budget estimate” means the budget estimate
prepared under section 87;
(vii) “budget grant” means the total sum entered on the
expenditure side of a budget estimate under a major
head and adopted by the Municipality, and includes
any sum by which such budget grant is increased or
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,
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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
Board;
(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;
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(xvii) “councillor” means a member of a Municipal
Council;
(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,
or
(ii) a shop or other place from which milk is
sold or supplied in hermetically closed and
unopened receptacles in the same original
condition in which it was first received in
such shop or other place;
(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;
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(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;
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(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
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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
this Act;
(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,
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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
such;
(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
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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
India; and
(b) a security expressly authorized by any order
which the State Government makes in this
behalf;
(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;
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Description:This document is available at ielrc.org/content/e0911.pdf. Note: This (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.
