Rajasthan Laws 

The Rajasthan Municipalities (Conduct of Business) Rules, 1974 were formulated under the powers granted by sub-section (1) of Section 297 read with Section 70 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959). These rules outline the procedures and guidelines for conducting business within municipal boards and councils in Rajasthan.

1. Short Title and Commencement

(1) These rules are officially titled the Rajasthan Municipalities (Conduct of Business) Rules, 1974. (2) They come into effect one month after their publication in the Official Gazette.

2. Definitions

(1) Key definitions as per these rules:

• Act refers to the Rajasthan Municipalities Act, 1959.

• Board includes the Municipal Council.

• Executive Officer encompasses the Commissioner of the Municipal Council or Corporation, including those delegated with such powers by the Board.

• Meeting refers to any official gathering of the Board.

• Motion denotes a proposal put forth by a member for consideration, including resolutions and amendments. (2) Any undefined terms in these rules carry the meanings assigned to them in the Act.

3. Meetings of a Board

A general meeting of the Board must be held once a month.

4. Notice of Meeting

(1) The date, time, and agenda must be provided at least six clear days before a general meeting. (2) In urgent cases, the Chairman may convene a meeting with at least 48 hours notice. (3) Notices must be signed and sent by the Executive Officer through post or other suitable means to all members.

5. Agenda for a Meeting

• The Executive Officer prepares the agenda, including topics of significance.

• The Chairman can add subjects as required.

• Member resolutions are included unless the Chairman finds them contradictory to the Act or Rules, in which case his decision is final.

6. Special Meeting of the Board

• The Chairman must call a special meeting within six days of receiving a request from at least one-third of the Board members.

• If the Chairman fails, the Vice-Chairman or one-third of members can call the meeting, setting a date within 30 days.

7. Presiding Over Meetings

• The Chairman presides over meetings.

• If absent, the Vice-Chairman takes over.

• If both are absent, members elect a presiding member from those present.

8. Public Access to Meetings

• Meetings are open to the public, except when the presiding member directs otherwise.

9. Quorum for a Meeting

• At least one-third of the total Board members must be present for business to proceed.

10. Adjournment for Lack of Quorum

• If quorum is not met within one hour, the meeting stands adjourned unless all present agree to wait.

11. Decision by Majority Vote

• Issues are decided by majority vote.

• In case of a tie, the presiding member has a casting vote.

12. Voting Procedure

• Members raise hands to vote.

• The presiding member counts and announces the results, which are recorded along with the names of voters.

13. Restrictions on Modifications of Decisions

• A decision cannot be modified or canceled within three months unless approved in a specially convened meeting with a two-thirds majority.

14. Minutes of Meetings

(1) Proceedings are recorded in Hindi within 24 hours and signed by the Executive Officer and the presiding authority. (2) Copies are sent within 7 days to the State Government, District Collector, Sub-Divisional Officer, and Board members. (3) The Executive Officer must record instances where the Board’s decisions contradict legal provisions.

15. Restrictions on Speaking

• Members must refrain from:

  • Discussing judicial matters.

  • Making personal allegations.

  • Using offensive language regarding legislative bodies or other boards.

  • Making defamatory remarks.

  • Disrupting proceedings.

• A member may speak only once per motion, except the proposer, who has the right to reply.

16. Speech Duration

• The presiding member has full discretion over speech duration.

17. Pecuniary Interest in Discussions

(1) Members cannot vote or participate in discussions where they have direct or indirect financial interest. (2) The presiding member may prohibit a member from participating in such matters. (3) A member can challenge this, but the Board's decision is final. (4) If the presiding member has an interest, he must step aside. (5) The affected member cannot vote on related motions.

18. Order of Business

• The Executive Officer, in consultation with the Chairman, prepares the daily business list.

• Topics not on the list require presiding authority's permission.

• Urgent motions require approval from three-fourths of members.

19. Conduct in Meetings

• Disorderly members may be removed by the presiding member.

• Sessions can be suspended in case of serious disorder.

• The presiding member maintains order and enforces rules.

20. Records and Access to Information

• The Executive Officer maintains all Board records.

• Members can access records during office hours by giving due notice.

• Information may be denied with written justification approved by the Chairman.

Conclusion

The Rajasthan Municipalities (Conduct of Business) Rules, 1974 ensure efficient functioning of municipal boards and councils. They set clear guidelines for meetings, decision-making, public participation, and ethical conduct of members. These rules strengthen municipal governance in Rajasthan by fostering transparency and accountability.