Court : Rajasthan
Reported in : AIR1997Raj42; 1996(1)WLN511
..... the limitation of six months shall only apply if the act or action complained of is done or purported to have been done by the municipal board or its officer in his official capacity, that is to say within the permissible limits in which the officer or municipal board is clothed with the powers to act under the provisions of the municipality act or the rules framed thereunder or under any notification, ..... counts: (i) that the civil court has no jurisdiction to try the suit in view of section 139 of the rajasthan municipalities act, 1959; and (ii) the suit is barred by limitation under section 271(2) of the rajasthan municipalities act, 1959.4. ..... the municipal board has not refunded the amount paid and recovered in excess, the plaintiff gave notice under section 271 of the rajasthan municipalities act, 1959 (for short 'the act' hereinafter) on 8-3-1978 and ..... purpose of this sub-section meaning of the word 'use' shall, with reference to goods and animals brought within the limits of the municipality include the goods brought inside the area for use of any other person whether or not that other person ultimately consumes or uses up ..... - for the purpose of this sub-section meaning of the word 'consumption' shall, with reference to goods and animals brought within the limits of the municipality, include the goods brought inside the area by any person to be delivered to another for using them up whether or not that other person is the ultimate consumer of the ..... chapter vii of the act ..... taxation .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj128; 2003(1)WLC495; 2003(2)WLN383
..... (9) of rule 3 of the no confidence motion rules, which uses the expression whole number of members' and the definition of 'whole member of members' contained in section 3(36) of the rajasthan municipalities act, 1959, defining whole number means total number of votes at a time, therefore, are clearly ultra vires the provisions contained in article 243-r of the constitution of india. ..... is also submitted that first meeting of the board has not been defined in rajasthan municipalities act but it is defined in rule 96 of the rajasthan municipalities (election) rules 1994. ..... 3839/2001 is that it challenges vires of section 3(36) of the rajasthan municipalities act, 1959 (hereinafter to be referred to as the act) read with rule 3, sub-rule (9) of the rajasthan municipalities (motion of no confidence against chairman and vice-chairman) rules, 1974 (hereinafter referred to as 'no confidence motion rules') on the ground that these are violative of articles 14 and 243-r of the constitution ..... extent, sub-rule (9) of rule 3 of the no confidence motion rules and section 3(36) of the rajasthan municipalities act are held to be violative of the act as well as the constitution of india and, therefore, ultra vires.34. ..... definition is given chapter iv of the elections rules 1994. ..... chapter iv of the elections rules of 1994 deals with the subject of election of a chairperson/vice-chairperson/president/vice president/ mayor and deputy mayor of the municipal council/board or the corporation as the case may .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj284
..... government considered the enquiry reports as well as the audit report of the board;and whereas the said chairman, shri keshrimal jain was served with a show cause notice under section 22 (10) of the rajasthan town municipalities act, 1951, on 10-11-55;and whereas the replies to the notice furnished by the said chairman were examined by the government.and whereas the chairman produced documents in support of his replies and explained the position to the ..... to see the proceedings of the meetings which was attended by him.now, therefore, in exercise of power conferred by sub-section (10) of section 22 of the rajasthan town municipalities act, 1951 the government of rajasthan is pleased to order that shri keshri mal jain be removed forthwith from the office of the chairman of municipal board, sironj, for neglecting his duties and proved himself incapable to perform his duties as substantiated from the facts before the gov-eminent.'6. ..... the large powers of control under chapter xii exercised by the government and the director of local bodies, to whom powers may be delegated under section 207 amply arm the government to prevent a chairman, who has been compelled to vacate office by a vote of no-confidence, from acting as chairman, and it should not ordinarily fall to the lot of a member of the board to institute a suit to prevent the previous chairman, now a usurper, to act as chairman, and this fact amply ..... , in matter of taxation, and raising loans, or might be set aside by government .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj162
..... if we look at the underlying scheme of the various municipal acts in force in different parts of india including the state of rajasthan in the matter of municipal taxation, we find that the proposals in the first instance are required to be formulated by the municipality concerned and thereafter the sanction of the government is obtained to ..... the jodhpur municipal act, 1943, is ..... , and we know to all intents and purpose, what the nature and content of that order was, and, therefore, we are of opinion that the observations made in the case of the municipal board at nawa are not applicable to the resolution of 1948, though they may be relevant about the resolution of 1932.reliance was next placed on -- 'gurdwara sahib v. ..... the parties that the taxes in question are not being recovered under the rajasthan town municipalities act (no. ..... of the learned assistant government advocate was that the executive order of the government relating to the constitution and functioning of the nawa municipal board was considered to occupy the status of law, and that on the, same analogy the resolution of 1948 may be held ..... mind, we are of opinion that what happened in this case was that certain proposals for levying municipal taxes in bhinmal were made to his highness the maharaja of jodhpur, and these were approved under council ..... in chapter 3 of the act, it was provided that there shall be a legislature for the state of jodhpur, which shall consist of his highness the maharaja and a chamber to be known .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
..... that notification dated 23rd april, 1999 introducing the rajiv gandhi swaran jayanti pathshala scheme was issued by the state in exercise of powers under section 8e of the act of 1994 delegating the powers to gram sabha to prepare merit list on the basis of percentage of marks obtained by the candidates under various heads for selection and appointments ..... as units of self government and an entry in list 11 of schedule vii where the state government has the power to legislate in regard to the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlements authorities, and other local authorities for the purpose of local self-government or village administration. ..... (vi) recruitment by transfer to the government service on reduction or abolition of the post; (vii) transfer or re-transfer from the service to the government service on being declared surplus; (viii) applicability of the rajasthan service rules, 1951 and the rajasthan travelling allowances rules to service relating to the regularization of the pay, leave, allowances, pension etc. ..... , character, it remains a sub-ordinate authority created by a statute and, therefore, it cannot claim the power of taxation which belongs to the state legislature except to the extent it is conferred upon it by the statute which creates it.'42. ..... nagaland, meghalaya and mizoram;(b) the hill areas in the state of manipur for which district councils exist under any law for the time being ..... . chapter xii .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1788; 2004(4)WLC17
..... were initiated by the appropriate government at the instance of the jaipur development authority (for short 'jda'), which was not competent to deal with the public street/road and it was the jaipur municipal corporation (for short 'municipal corporation'), which was empowered under article 243w of the constitution of india, read with section 82 of the rajasthan municipalities act, 1959 (hereinafter to be referred as 'the rm act') to initiate proceedings for acquisition of land for construction of roads within the ..... ;(iv) preparation of projects and schemes;(v) approval or rejection of tenders for projects and schemes;(vi) creation of posts under the authority upto such level as may be determined by regulations;(vii) borrowing and reborrowing of money required by the authority;(viii) investment of surplus money of the jaipur region development fund;(ix) making of grants subventions, loans or advances to or sharing expenses with any local or other authority or person for projects and schemes;(x) institution or withdrawal of legal proceedings on behalf ..... committee for district planning-a district planning committee constituted under the provisions of section 121 of the rajasthan panchayati raj act, 1994 (act no. ..... to planning and co-ordination for the metropolitan area which may be assigned to it by the state government, and(ii) powers and functions as may be conferred on or delegated or entrusted to it by the state government for carrying out the purposes of this chapter. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj415; 2005(1)WLC322
..... , the rajasthan municipalities (election) rules, 1994 was enacted to bring the rajasthan municipalities act, 1959 in line ..... each census after the establishment of the board, the number of seats shall be re- determined by the state government by notification in the official gazette on the basis of the population of the municipal area within the territorial jurisdiction of the board as ascertained at the latest census:provided that the determination of seats as aforesaid shall not affect the then composition of the board until the expiry of ..... census after the establishment of the board, the number of seats shall be re- determined by the state government by notification in the official gazette on the basis of the population of the municipal area within the territorial jurisdiction of the board as ascertained at the latest census:provided the the determination of seats as aforesaid shall not affect the then composition of the board until the ..... a provision has been made in the constitution for direct elections in the urban local bodies; constitution of committee as the ward level or other levels in municipal corporations; representations of chairpersons of such committees in municipal corporations; reservation of seats for the scheduled castes and the scheduled tribes in proportion to their population; reservation of seats for women; fixing tenure of five years ..... by the impugned ordinance runs counter to the constitutional scheme provided under chapter 1xa of the constitution of india. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj47
..... she was served with a notice dated 2-4-98 (annexure p-8) to show cause why the proceedings under section 63 of the rajasthan municipalities act, 1959 (hereinafter referred as 'the act') be not initiated against her as she had hatched a conspiracy to allot the said shop to mr. ..... 15 in favourof one shri oautam chand jain, vide order dated 4-7-97, by the petitioner and proceedings under section 63 of the rajasthan municipalities act, 1959 (hereinafter referred as 'the act') were initiated. ..... it is astonishing to note and what can be more disgraceful for the state that in a democratic set-up, it removed the duly elected official of the municipal board by issuing the order on a cyclostyled paper by filling the blanks as is evident from the impugned order dated 7-10-98 (annexure p-18). ..... and further she has been declared disqualified to contest election of the municipal board for the post of chair-person/member for a period of five years.2. ..... , air 1991 sc 537, the apex court has observed as under at page 554 :--'every such action may be informed by reason and if follows that an act uninformed by reason is arbitrary the rule of law contemplates governance by law and not by humour, whim or caprice of the men to whom the governance is entrusted for the time being. ..... karunakar, 1993 (4) scc 727 : (air 1994 sc 1074); state bank of patiala v. s. k. ..... , 1994 (4) scc 42 : (air 1994 sc 2263); delhi transport corporation v. d.t.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj509
..... dated 14.1.1965 (annex.3) is not in dispute and has a relevant bearing to the controversy, which reads as under:office of the collector, nagaurno.estt / datedordershri rameshwar lal bohra, ldc in the municipal board, parbatsar is hereby transferred in the district administration and posted in the office of sdo, parbatsar against he vacancy caused due to the promotion of shri bhim raj ldc.the seniority of shri rameshwar ..... as the municipal service is concerned,, it is governed by rajasthan municipalities act, 1959 ..... of learned single judge dated 30.1.2004 dismissing the writ petition filed the appellant laying claim to count the services, rendered by him from 15.7.1956 to 17.1.1965 under the municipal board, nagaur before he was transferred to the office of the sub-divisional officer, parbatsar; as qualifying service for the purpose of determining his pension and his retiral benefits ..... the respondents in their reply was that since the petitioner was not governed by rajasthan service rules and his services under the municipal board was not a state service under rsr, the service rendered at the municipal board, nagaur was not included in counting qualifying service in terms of rule 179 which was in force at the time of ..... filed by the petitioner was rejected on 28.11.1994 informing the petitioner that the period during which he has served under the municipal board cannot be counted as qualifying service ..... we may notice here that chapter about pension rules from rsr has since been deleted and .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]264ITR529(Raj); 2006[3]STR344; 2002WLC(Raj)UC708
..... chapter v of the act of 1994 relates to service tax and the same applies to the taxable ..... case, a practising chartered accountant has been defined under section 65(31) to mean a person, who is a member of the institute of chartered accountants of india and is holding a certificate of practice granted under the provisions of chartered accountants act, 1949, and includes any concern engaged in rendering services in the field of chartered accountancy ; so as the architect and real estate agent has been defined under sub-clause (5) and sub-clause (35), respectively, of section 65. ..... --(1) notwithstanding anything in article 246, no law of the legislature of a state relating to taxes for the benefit of the state or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a ..... in kamta prasad's case : (1974)3ctr(sc)56 has observed that a tax on profession is not necessarily connected with income, which is evident from the fact that the tax on profession is imposed by several municipal authorities at certain rates mentioned in the relevant statutes, but a tax can be imposed if there is an income. ..... : the core question which arises for consideration is whether the tax envisaged by the act under challenge is within the legislative competence of parliament the subject-matter of taxation available to parliament are enumerated in entries 80 to 97 of list i. ..... taxation .....
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