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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"