The Rajasthan Municipalities (Amendment) Act, 2020

(1) This Act may be called the Rajasthan Municipalities (Amendment) Act, 2020. (2) It shall come into force at once.

In sub-section (2) of section 23 of the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009), hereinafter referred to as the principal Act, for the existing expression "two thousand rupees", the expression "five thousand rupees" shall be substituted.

In section 28 of the principal Act,- (i) the existing provisions of section 28 shall be renumbered as sub-section (1); and (ii) after sub-section (1) so renumbered, the following sub-section (2) shall be added, namely:- "(2) Notwithstanding anything contained in any other law for the time being in force a candidate who himself or through his proposer, with intent to be elected in an election,- (i) gives false information which he knows or has reason to believe to be false; or (ii) conceals any information, in his nomination paper or in his affidavit or a statement or a declaration which is required to be delivered along with nomination paper before the Returning Officer, as the case may be, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both."

For the existing section 31 of the principal Act, the following shall be substituted, namely:- "31. Election Petition.- (1) An election petition calling in question an election of any person as member of a Municipality may be presented by any candidate at such election or any elector within one month from the date of election in the prescribed manner to the District Judge having jurisdiction over the municipal area. Explanation.- For the purpose of this section, "elector" means a person who was entitled to vote at the election to which election petition relates, whether he has voted at such election or not. (2) The election petition may be presented on one or more of the following grounds, namely:- (a) that on the date of election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act, or (b) that any corrupt practice specified in section 29 has been committed by a returned candidate or his election agent or by any other person, with the consent of a returned candidate or his election agent, or (c) that any nomination has been improperly rejected, or (d) that the result of the election, in so far as it concerns a returned candidate has been materially affected- (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the interest of the returned candidate by a person other than that candidate or his election agent or a person acting with the consent of such candidate or election agent, or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or (iv) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder, or (e) that in fact the petitioner or some other candidate received a majority of the valid votes, or (f) that, but for the votes obtained by the returned candidate by corrupt practices, the petitioner or some other candidate would have obtained a majority of the valid votes. (3) In hearing the election petition, the District Judge shall follow such procedure and exercise such powers as may be prescribed."

For the existing sub-section (4) of section 159 of the principal Act, the following sub-section shall be substituted, namely:- "(4) The Master Development Plan may also define the various zones, into which the Municipality having the population of more than one lac may be divided for the purposes of development and indicate the manner in which developmental works are to be carried out, and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out therein developmental works or otherwise), and the stages by which any such developmental works shall be carried out and shall serve as a basic pattern of frame-work within which the Zonal Development Plans of the various zones may be prepared: Provided that the Municipality may, if it considers necessary in the public interest, alter the area of any zone: Provided further that the State Government may suo-moto or on the proposal of the Municipality having population of less than one lac, take a decision to prepare the Zonal Development Plan and Sector Plan for such Municipality."

After the existing section 194 and before the existing section 195 of the principal Act, a new section 194-A shall be inserted, namely:- "194-A. Power of the State Government to prohibit the construction of building in certain areas without permission.- (1) Notwithstanding anything contained in section 194 or any other provisions of this Act, the State Government or any authority authorised by the State Government may, in public interest, by notification published in the Official Gazette, prohibit the construction of any building within a specified area in a Municipality except with the permission granted by the State Government in this behalf: Provided that such permission shall not be refused in the case of land which has been set apart as a building site by the State Government or Municipality prior to the publication of such notification. (2) The grant of any permission under sub-section (1) shall be subject to such conditions as may be fixed by the State Government in each case or prescribed generally. (3) Whoever erects any building contrary to the provisions of sub-section (1) or the conditions imposed under sub-section (2) shall, on conviction, by a competent court, be punished with fine which may extend to twenty thousand rupees. (4) The State Government or any authority authorised by the State Government may demolish any building erected contrary to the provisions of sub-section (1) or the conditions imposed under sub-section (2)."