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Rajasthan 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"