The rajasthan district boards act, 1954

The Rajasthan District Boards Act, 1954 
Act No. 2 of 1954 
 
[Received the assent of His Highness the Rajpramukh on the 13th day of February. 
1954]. 
An 
Act 
to provide for the establishment and constitution of District Boards in 
Rajasthan. 
Whereas it is expedient to provide for the establishment and constitution of 
District Boards for the rural areas of Rajasthan; 
Be it enacted by the Rajasthan State Legislature as follows.- 
 1. Short title, extent and commencement. - (1) This Act may be called the 
Rajasthan District Boards Act, 1954. 
(2) It extends to the whole of Rajasthan. 
(3) It shall come into force on such [date and in such areas of Rajasthan as the 
State Government may], by notification in the Rajasthan Gazette, specify in that 
behalf. 
 2. Repeal. - (1) On the coming into force of this Act in any area, any of the 
Acts mentioned in the First Schedule or any other corresponding law in force in 
that area shall be repealed. 
(2) Notwithstanding anything contained in sub-section (1), any District Board or 
Committee established, and any District Fund formed, under any such Act or law 
shall be deemed to have been established or formed, as the case may be, in like 
manner and with the like authority as if it had been a District Board or Committee 
established or District Fund formed under this Act: 
Provided that the State Government shall, within a period of [three 
years] commencing from the coming into force of this Act, establish for each 
District a Board in accordance with the provisions of this Act. 
 3. Definitions. - In this Act, unless there is something repugnant in the 
subject or context, - 
(1) "Board" means a District Board established under this Act and shall include, 
in any case where a power is expressed as being conferred or a duty is being 
imposed on a Board, a Committee appointed by a Board, and any member, 
officer or servant of a Board authorised or required under this Act to exercise 
the power or perform the duty. 
(2) "District" means a district formed under the Rajasthan Territorial Divis ions 
Ordinance, 1949, or any other subsequent enactment for the time being in 
force. 
(3) "prescribed" means prescribed by or under this Act or by rules, regulations 
or bye-laws made under this Act. 
(4) "Public road" means any road, street, bridge, culvert,  thoroughfare, passage 
or place over which the public have a right of way and which is vested in or 
maintained by Government or a local authority. 
(5) "Quarter" when referring to a period of time, means a period of three 
months commencing on the first day of any of the months of January, April, 
July and October. 
(6) "Rural area" means the area of a district excluding every municipality as 
defined in the Rajasthan Town Municipalities Act, 1951, and the 
municipalities of Jaipur, Jodhpur, Bikaner, Udaipur and Alwar. 
(7) "servant of the Board" means a person in the pay and service of the Board. 
All references to anything done, required, prescribed, authorised, permitted, 
forbidden or punishable to any power vested, under this Act shall include, anything 
done, required, prescribed, authorised, permitted, forbidden or punishable or any 
power vested by any provision of this Act or by any rule lawfully made thereunder. 
 4. [x x x] 
CHAPTER II 
 5. Incorporation, constitution, and general functions of District Board. - 
(1) There shall be established for each district a Board which shall be a body 
corporate by the name of the District Board of the place by reference to which the 
district is known, having perpetual succession and a common seal subject to any 
restriction or qualification imposed by this or any other enactment, vested with the 
capacity of suing and being sued in its corporate name, of acquiring, holding and 
transferring property, movable or immovable, and of entering into contracts. 
(2) Each Board shall consist of- 
(a) elected members, and 
(b) such persons, if any, as may be co-opted under section 7. 
(3) The number of elected members shall be such number not less than 20 and not 
more than 40 as the State Government may prescribe by rule. 
 6. Division of constituencies etc. - (1) The rural area of the district shall be 
divided into constituencies for the purposes of election of members of the Board. 
Each constituency [shall consist of contiguous villages and shall be formed in the 
prescribed manner by the prescribed authority] and shall return such number of 
members to the Board as the State Government may direct. 
(2) The candidates of all castes and communities shall be entitled to seek election 
and if a candidate is elected from more than one constituency, he shall not retain 
more than one seat in the Board, which he may choose in the prescribed manner 
within the prescribed period. 
 7. Co-opted members. - (1) After the election of the members, the Board 
shall, as soon as possible, co-opt in the manner prescribed, such number of 
members not exceeding one-tenth of the number of elected members as the Board 
may determine. 
(2) Of the co-opted members at least one shall be a person belonging to the female 
sex and one shall be a person belonging to the scheduled castes or scheduled tribes: 
Provided that none of the co-opted members shall be a person who was defeated at 
the preceding general election under this Act. 
 8. Power to leave casual vacancy unfilled in certain cases. - Where a 
vacancy occurs on a Board by reason of the death, resignation, removal or 
avoidance of the election of an elected member, and the term of office of that 
member would in the ordinary course of events, have determined within six 
months of the occurrence of the vacancy, the Board may direct that the vacancy be 
left unfilled until the next ordinary election. 
 9. Qualifications of electors. - (1) Every member of a Village Panchayat 
situated within the district shall be entitled to be enrolled as an elector under this 
Act. 
(2) A person shall not be deemed an elector for any purpose of this Act or any rule 
thereunder unless he is enrolled as an elector under section 11. 
 10. Nomination by Government. - (1) The State Government shall in the 
prescribed manner nominate one or more members from the area where Village 
Panchayats do not exist on percentage basis of the total population of the district. 
(2) Such nominated members shall be deemed to be elected members for the 
purpose of clause (a) of sub-section (2) of section 5 and shall hold office till 
elected members are returned from such area or till the expiry of the term of the 
Board, whichever is earlier. 
 11. Electoral Rolls. - (1) The Collector shall, when so directed by the State 
Government, cause to be prepared a list of electors for each constituency in the 
district. A person enrolled as an elector in such electoral roll shall be entitled to 
take part and vote in the election of candidates in the constituency in which he is a 
voter. 
(2) No person shall be entitled to be enrolled as an elector in more than one 
constituency, notwithstanding that he may possess qualifications for enrolment in 
more than one constituency in the same district. 
 12. Election how made. - (1) The election of members of a Board for the 
purposes of this Act, shall be held [in the prescribed manner] and the voting at 
such election shall be by secret ballot. 
(2) Each elector shall have the right of vote for each seat in the constituency in the 
electoral roll of which he is enrolled. 
 13. Qualifications of candidates. - (1) Subject to the exceptions stated in 
sub-section (2) of this section and further subject to the provision contained in sub-
section (2) of section 6, every person who has attained the age of twenty five years 
before the date of election and residing in the rural area in any constituency of the 
district shall be qualified for election as a member from that or any other 
constituency in the district. 
Explanation:-A person shall be deemed to have acquired the qualification of 
residence if he dwelt in a house or part of a house in the rural area for not less than 
180 days in the aggregate in the calendar year preceding the date fixed for election. 
(2) No person shall be qualified for election as a member of the Board who - 
(a) has been sentenced under the Indian Pe nal Code to an imprisonment or to 
transportation for an offence or convicted by a Criminal Court of an offence 
which is declared by the Government to imply such moral turpitude as to 
unfit him to be an elector or ordered to furnish security for good behaviour in 
consequence of proceedings taken under section 109 or section 110 of the 
Code of Criminal Procedure, 1898, such sentence or order not having 
subsequently been reversed or remitted or the offender pardoned, provided 
that he shall not be disqualified on this ground if more than three years have 
elapsed since the expiry of the term of the sentence or order; or 
(b) has been dismissed from Government service and is debarred from re -
employment therein; or 
(c) is debarred from practicing as a legal practitioner by order of any competent 
authority; or 
(d) holds any place of profit in the gift, disposal, pay or service of the Board, or 
(e) is disqualified under section 23, or section 31; or 
(f) holds any office of profit under the State Government; or 
(g) hold s directly or indirectly or by a partner any share or interest in any 
contract or employment with, by or on behalf of the Board; or 
(h) is in arrears in the payment of any sum in excess of one year’s demand to 
which section 135 applies, or 
(i) is an undischarged insolvent; or 
(j) is of unsound mind: 
Provided that in cases (b) and (c) the disqualification may be removed by an order 
of the Government in this behalf, and that in case of (g) the disqualification may be 
removed by an order of the Commissioner in this behalf. 
 14. Chairman not to be Chairman of other local authorities. - No person 
shall continue as Chairman of a District Board and Chairman of any other local 
authority simultaneously: 
Provided that in case a person is elected as such to two posts, he shall at his option 
resign his office from any of them within the prescribed time. 
 15. Power to question election by petition. - (1) The election of any person 
as a member of a Board may be questioned by an election petition on the ground - 
(a) that such person committed during or in respect of the election proceedings 
a corrupt practice as defined in section 24; or 
(b) that such person was declared to be elected by reason of the improper 
rejection or admission of one or more votes, or for any other rea son was not 
duly elected by a majority of lawful votes; or 
(c) that such person, though enrolled as an elector, was disqualified for election 
under the pervasions of sub-section (2) of section 13: or 
(d) that such person was not qualified to be nominated a s a candidate for 
election or that the nomination paper or the petition was improperly rejected. 
(2) The election of any person as a member of a Board shall not be questioned - 
(a) on the ground that the name of any person qualified to vote has been 
omitted from, or the name of any person not qualified to vote has been 
inserted in the electoral roll or rolls; 
(b) on the ground of any non -compliance with this Act or any rule or of any 
mistake in the forms required thereby, or of any error, irregularity or 
informality on the part of the officer or officers charged with cariying out this 
Act or any rules, unless such non -compliance, mistake, error, irregularity or 
informality has materially affected t he result of the election. 
 16. Form and presentation of petition. - (1) The petition shall be presented 
together with a deposit of fifty rupees as security for costs within fifteen days after 
the day on which the result of the election was announced and shall specify the 
ground or grounds on which the election of the respondent is questioned and shall 
contain a summary of the circumstances alleged to justify the election being 
questioned on such grounds. 
(2) The petition may be presented by any candidate in whose favour votes have 
been recorded and who claims in the petition to be declared elected in the room of 
the person whose election is questioned or by any elector of the constituency or by 
a person who claims that his nomination paper was improperly rejected. 
(3) The person whose election is questioned and where the petition claims that any 
other candidate shall be declared elected in the room of such person, every 
unsuccessful candidate who has polled more votes than such candidate shall be 
made a respondent to the petition. 
 17. Right of candidate whose election is questioned. - Every respondent 
may give evidence to prove that any person in respect of whom a claim is made 
that such person be declared elected in his room or in priority to him should not be 
declared so elected in the same manner as if he had presented a petition against the 
election of such person. 
 18. Tribunal. - (1) An election petition shall be heard by the District Judge 
within whose jurisdiction the constituency concerned is situated and at a place in 
the district within which such constituency is situated. 
(2) An election petition, and any application relating to the hearing of an election 
petition may be presented to such District Judge or to a Munsif within whose 
jurisdiction the constituency concerned or any part thereof is situated. 
 19. Procedure. - Except so far as may be otherwise provided by this Act or 
by rule thereunder, the procedure provided in the Code of Civil Procedure, 1908, in 
regard to suits shall, so far as it is not inconsistent with this Act or any rule and so 
far as it can be made applicable, be followed in the hearing of election petitions: 
Provided that - 
(a) any two or more election petitions relating to the election of the same person 
may be heard together: 
(b) the court shall not be required to record or have recorde d the evidence in 
full but shall make a memorandum of the evidence sufficient in its opinion 
for the purpose of deciding the case; 
(c) the court may, at any stage of the proceedings, require the petitioner to give 
further security for the payment of all co sts incurred or likely to be incurred 
by any respondent: 
(d) the court, for the purpose of deciding any issue shall only be bound to 
require the production of, or to receive, so much evidence, oral or 
documentary, as it considers necessary. 
 20. Powers of Election Court. - (1) Unless it is otherwise provided by rule 
made in this behalf, the Election Court shall have the same powers and privileges 
as a Judge of a Civil Court and may for the purpose of serving any notice or 
issuing any process or doing any other such thing, be entitled to employ, with the 
consent of the District Magistrate, any peon or other officer or clerk attached to the 
Court of the District Magistrate. 
(2) An order for costs or an order for the realisation of a security bond for costs, 
passed by the Election Court, may be sent by that court for execution to the Civil 
Judge having jurisdiction in the area within which the constituency concerned is 
situated and an order so sent shall be executed by the Civil Judge in the same 
manner as if it were an order passed by himself in a civil suit or proceeding. 
 21. Finding of Election Court. - (1) If the Court, after making such inquiry 
as it deems necessary, finds, in respect of any person whose election is called in 
question by a petition, that his election was valid, it shall dismiss the petition as 
against such person and may award costs at its discretion. 
(2) If the Court finds that the election of any person was invalid, it shall either - 
(a) declare a casual vacancy to have been created; or 
(b) declare another candidate to have been duly elected, whichever course 
appears, in the particular circumstances of the case, the more appropriate and 
in either case may award costs at its discretion. 
(3) In the event of the Court declaring a casual vacancy to have been created, it 
shall direct the Collector to take proceedings for filling the vacancy. 
(4) An appeal shall lie to the High Court from the Order of the Election Court 
under this section on a point of law only and may be preferred within one month 
from the date of such order exclusive of the time requisite for obtaining a copy 
thereof. 
 22. Avoidance of election proceedings. - Notwithstanding anything 
contained in the preceding section, if the Court, in the course of hearing an election 
petition is of the opinion that the evidence discloses that corrupt practices have 
prevailed at the election proceedings in question to such an extent as to render it 
advisable to set aside the whole proceedings, it shall pass an order to this effect and 
shall direct the Collector to take measures for holding fresh election proceedings. 
Explanation: - In this section the expressions "the election proceedings in 
question" and "the whole proceedings" shall mean all proceedings (inclusive of 
nomination and declaration of election) taken in respect of a single poll in any 
constituency. 
 23. Disqualification for corrupt practice. - The court may declare any 
candidate found to have committed any corrupt practice under the preceding 
section to be incapable, for any period not exceeding five years, of being elected as 
a member of the Board or of being appointed or retained in any office or place in 
the gift, disposal, pay or service of the Board. 
 24. Corrupt practice. - A person shall be deemed to have committed a 
corrupt practice who, directly or indirectly, by himself or by any other person - 
(a) induces, or attempts to induce, by fraud, intentional misrepresentation, 
coercion or threat of injury, any voter to give or to refrain from giving a vote 
in favour of any candidate; 
(b) with a view to inducing any voter to give or refrain from giving a vote in 
favour of any candidate or in consideration of any voter having voted or 
refrained from voting for any candidate, offers or gives any money or 
valuable consideration or any place of employment, or holds out any promise 
of individual advantage or profit to any person; 
(c) gives or procures the giving of a vote in the name of a voter who is not the 
person giving such vote; 
(d) makes or promises to make any payment to any person whomsoever on 
account of conveyance of any elector to or from any place for the purpose of 
recording his vote or hires, employs, borrows or uses for the purpose of the 
election any boat, vehicle or animal usually kept for letting on hire or for the 
conveyance of passengers by hire except for carrying himself or his agents 
and messengers; 
(e) abets (within the meaning of the Indian Penal Code) the doing of any of the 
acts specified in clauses (a), (b), (c) and (d). 
Explanation: - A "promise of individual advantage or profit to a person" includes a 
promise for the benefit of the person himself, or of any one in whom he is 
interested but does not include a promise to vote for or against any particular 
district board measure. 
 25. Conduct of elections and kindred matters. - The following matters 
shall be governed by rule, namely. - 
(a) the preparation and revision of electoral rolls, 
(b) the nomination of candidates, 
(c) except as provided in section 26, the dates, time and manner of holding 
elections, general or casual, 
(d) the prevention of corrupt or improper practices committed in connection 
with elections and the punishment, other than judicial punishment, of person 
guilty of the same, 
(e) the determination of the local area of each constituency, 
(f) any other matter relating to elections or election petitions in respect of which 
this Act makes no provisions or insufficient provision and provision is, in the 
opinion of the State Government, necessary. 
 26. Term of office of District Board. - [(1)] Every District Board, unless 
sooner dissolved, shall continue for three years from the date, appointed for its first 
meeting by the Government; 
Provided that the State Government may, by notification, extend from time to time 
the term of any Board and postpone the general election of members thereof for a 
period not exceeding one year in the aggregate: 
Provided also that the first general election of a Board or a new Board, after this 
Act comes into force in respect thereof, shall be held on such date as the State 
Government may by like notification appoint in that behalf. 
[(2) Notwithstanding anything contained in sub-section (1), every District Board 
established under any Act or law repealed by sub-section (1), and deemed to have 
been established under this Act by sub-section (2) of section 2, shall continue to 
perform the functions and discharge the duties of Board under this Act, even 
though, in accordance with the Act or law under which it was established or in 
accordance with the provisions of sub-section (1), its term of office may have 
expired, or is hereafter likely to expire, before the establishment of a new Board in 
accordance with the provisions of this Act under the proviso to sub-section (2) of 
section 2; and the provision contained in section 3 of the Bhim District Board 
Validation Act, 1955 (Rajasthan Act 24 of 1955) shall be deemed to be amended 
accordingly so as to authorise the District Board of Bhim to perform the functions 
and discharge the duties of a Board till the establishment of a new Board under 
section 5 for the district in which the Bhim area is situated.] 
Headquarters of Boards 
 27. Office of the Board. - The office of the Board of any district shall be 
located in the same town or city as the office of the Collector. 
Members 
 28. Remuneration to members. - Members of a Board shall be granted 
remuneration or travelling allowances by the Board in accordance with rules made 
in this behalf. 
 29. Resignation of member. - (1) A member other than the Chairman of a 
Board wishing to resign his seat may forward his written resignation through the 
Chairman to the [Collector]. 
(2) When the acceptance of the resignation by the [Collector] has been 
communicated to the Board the member shall be deemed to have vacate his seat. 
 30. Removal of members. - (1) The State Government may remove from a 
Board any member who - 
(a) has absented himself from the meetings of the Board for more than three 
consecutive months or three consecutive meetings, whichever is the longer 
period and is unable to explain such absence to the satisfaction of the Board, 
or 
(b) has within the meaning of section 33 knowingly acquired or continued to 
hold without permission in writing of the  [Collector] directly or indirectly or 
by a partner, any share or interest in any contract or employment with, by or 
on behalf of the Board, or 
(c) has knowingly acted as a member in a matter other than a matter referred to 
in clause (d) or clause (e) of proviso to section 33 in which he or a partner 
had, directly or indirectly a personal interest or in which he was 
professionally interested on behalf of a client, principal or other person, or 
(d) being a legal practitioner in any suit or other proceeding acts or appears, on 
behalf of any other person, against the Board or against the State Government 
litigating in respect of nazul land entrusted to the mana gement of the Board 
or acts or appears on behalf of any other person in any criminal proceeding 
instituted by or on behalf of the Board, or 
(e) has permanently abandoned or transferred his residence from the area of the 
district concerned unless the member  himself resigns his seat within three 
months of such abandonment or transfer, or 
(f) is or becomes subject to any of the disqualifications specified in sections 13 
and 23. 
(2) The State Government may remove from a Board a member who in its opinion 
has so flagrantly abused his position as a member of the Board as to tender his 
continuance as a member detrimental to the public interest. 
(3) When the State Government proposes to take action under this section, an 
opportunity of explanation shall be given to the member concerned and, when such 
action is taken, the reasons therefor shall be placed on record. 
 31. Disabilities of members removed under section 30. - (1) A member 
removed under clause (a) of sub-section (1) of the preceding section shall, if 
otherwise qualified, be eligible for further election or co-option. 
(2) A member removed under any other provision of the preceding section shall 
not be so eligible until the expiry of the period of two years of the expiry of the 
term of the Board, whichever is later: 
Provided that if a member is removed as aforesaid because he is or becomes 
subject to any of the disqualifications specified in section 13 and 23, he shall not 
be so eligible unless and until such disqualification is removed by an order of the 
State Government. 
Liability of members 
 32. Liability of members for loss, waste or misapplication. - Every person 
shall be liable for the loss, waste or misapplication of any money or other property 
belonging to the Board if such loss, waste, or misapplication is a direct 
consequence of his neglect or misconduct while a member of the Board, and a suit 
for compensation may be instituted against him by the Board with the previous 
sanction of the Commissioner, or by the State Government. 
Explanation. - A grant-in-aid given to a school in contravention of rules made 
under this Act for the purposes of this section a misapplication of money belonging 
to the Board. 
 33. Penalty on a member acquiring interest in contract etc. - A member 
of the Board who otherwise than with the permission in writing of the Director of 
Local Bodies, knowingly acquires or continues to have, directly or indirectly, by 
himself or his partner, any share or interest in any contract or employment with, by 
or on behalf of the Board shall be deemed to have committed an offence under 
section 168 of the Indian Penal Code: 
Provided that a person shall not be deemed for the purposes of this section to 
acquire, or continue to have, any share or interest in a contract or employment by 
reason only of his - 
(a) having a share or interest in any lease, sale or purchase of land or buildings 
or in any agreement for the same, provided that such share or interest was 
acquired before he became a member, or 
(b) having a share in a Joint Stock Company w hich shall contract with, or be 
employed by or on behalf of the Board, or 
(c) having a share or interest, in a newspaper in which an advertisement relating 
to the affairs of the Board is inserted, or 
(d) holding a debenture or otherwise being interested in  a loan raised by or on 
behalf of the Board, or 
(e) being retained by the Board as a legal practitioner, or 
(f) having a share or interest in the occasional sale to the Board of an article in 
which he regularly trades upto a value not exceeding in any one year such 
amount as the Board with the sanction of the State Government fixes in this 
behalf. 
CHAPTER III 
Conduct of business by Boards 
 34. Election of Chairman. - Every Board shall have a Chairman who shall 
be elected by the members of the Board from amongst themselves in the prescribed 
manner. 
 35. Casual vacancy of Chairman. - If a casual vacancy in the office of the 
Chairman occurs owing to death, resignation or removal of the Chairman, a fresh 
election of the Chairman shall be held in the manner prescribed. 
 36. Decision of election disputes. - (1) When the question is raised by a 
petition preferred to the State Government by any member of the Board whether 
the Chairman of a Board has been duly elected under the provisions of section 34 
or section 35, the State Government shall, without considering the merits of the 
question raised, refer it for decision to a judicial officer not below the rank of a 
District Judge: 
Provided that security of two hundred and fifty in cash shall be filed with the 
petition and that such security shall be forfeited to Government on the 
recommendation of the Judicial Officer to whom the petition has been referred if 
the petition is found by him to be frivolous or vexatious. 
(2) The Judicial Officer shall on a date fixed by him call upon the parties to appear 
before him and produce such evidence as they desire in support of their case, and 
shall then proceed to pass orders on the petition. 
(3) No suit or application challenging the election of a Chairman of a Board shall 
lie in any civil or any other Court. 
 37. Eligibility of Chairman for re-election. - An outgoing Chairman if 
otherwise qualified, shall be eligible for re-election as Chairman. 
 38. Term of office of a Chairman. - The term of office of a Chairman shall 
subject to the provisions of section 39 and 40, co-extend with the term of the 
Board. 
 39. Vacation of office on passing of motion of no confidence in the 
Chairman. - If a motion of no-confidence in the Chairman is passed by the Board 
and communicated to him in accordance with the provision of section 51. the 
Chairman shall vacate his office forthwith. 
 40. Removal of Chairman. - The State Government may remove a 
Chairman from his office or pass such other order against him as it thinks fit on the 
ground of habitual failure on his part to perform his duty: 
Provided that when the State Government proposes to take action under this 
section it shall give the Chairman an opportunity of explaining the conduct on 
account of which it is proposed to remove him or pass such order against him. shall 
consult the Board in the prescribed manner, and shall, in the event of taking such 
action, place on the record the reasons therefor. 
 41. Resignation or removal not to effect membership. - The resignation or 
removal of a Chairman under section 39 or section 40 shall not have the effect of a 
resignation of or removal from the membership of the Board and he shall continue 
to be a member thereof unless he resigns under section 29 or is removed under 
section 30. 
 42. Functions of a Board that must be discharged by the Chairman. - 
The following powers, duties and functions of a Board may be exercised and shall 
be performed or discharged, by the Chairman of the Board and not otherwise, 
namely - 
(a) the determination in accordance with any  regulation in this behalf of 
questions arising in respect of the service, leave, pay, privileges and 
allowance of servants of the Board. 
(b) the submission under section 169 of statements, accounts, reports or copies 
of documents and under sub -sections (3) and (4) of section 58 and sub -
section (1) of section 63 of copies of resolutions passed by a Board or by a 
Committee of a Board, and the submission under section 119 or proposals, 
and objections and the submission under section 122 of a copy of a 
resolution. 
(c) such of the powers, duties and functions referred to in the third column of 
the Second Schedule as are delegated by the Board under section 71 to the 
Chairman. 
(d) all other duties, power and functions of a Board with the exception of - 
(i) those specified in the second column of the Second Schedule, and 
(ii) those delegated by the Board under section 71. 
 43. Duties of Chairman. - It shall be the duty of the Chairman - 
(a) unless prevented by reasonable cause - 
(i) to convene and preside at all meetings of the Board; and 
(ii) otherwise to control in accordance with any regulation made in this 
behalf the transaction of business and all meetings of the Board. 
(b) Unless prevented by reasonable cause, to convene and preside at meetings 
of the Executive Committee of the Board and to control, in accordance with 
any rules and regulations made in this behalf, the transaction of business 
thereat; 
(c) when for reasonable cause unable to preside at a meeting of the Executive 
Committee and when the Vice -Chairman are also like - wise unable, to 
nominate one of the members of the Executive Committee as its Chairman 
for that particular meeting; 
(d) to watch over the financial and superintend the executive administrative of 
the Board and bring to the notice of the Board any defect therein; and 
(e) to perform such other duties as are required of or imposed on him under this 
Act or any other law. 
 44. Power of Board to require reports, etc. from the Chairman and right 
of interpolation. - (1) The Board may require the Chairman to furnish it with - 
(a) any return, statement, estimate, statistics or other information regarding any 
matter appertaining to the Board’s administration of the District, 
(b) a report or explanation on any such matter, and 
(c) a copy of any record, correspondence or plan or other document which is in 
his possession or control as Chairman or which is recorded or filed in his 
office or in the office of any servant of the Board. 
(2) Nothing in this section or in any other provision of this Act shall be deemed to 
prevent the Board from making regulations authorizing the asking of questions by 
members at its meetings, subject to such conditions and restrictions as may be 
prescribed in the regulations. 
 45. Delegation by Chairman to Vice-Chairman. - (1) The Chairman of a 
Board may employer, by general or by special order, any Vice-Chairman to 
exercise under his control, any one or more of his powers, duties or functions 
except those specified in clauses (a), (b) and (c) of section 43. 
(2) An order by the Chairman under sub-section (1) may prescribe any condition, 
and impose any restriction, in respect of the exercise of any power, the 
performance of any duty or the discharge of any function 
(3) In particular, such order may prescribe the condition that any order by a Vice-
Chairman in the exercise of a power conferred on him by sub-section (1) shall be 
liable to rescission or revision by the Chairman upon appeal to the Chairman 
within a specified time. 
Vice-Chairman 
 46. Election, term of office and resignation of Vice - (1) Every Board shall 
have a Vice-Chairman, or a Senior Vice-Chairman and a Junior Vice-Chairman, 
elected by it as occasion arises, from among its members by special resolution. 
(2) The term of office of a Vice-Chairman of any description shall be one year 
from the date of his election or the residue of his term of office as a member of the 
Board, whichever is less; but he shall, if otherwise qualified, be eligible for re-
election on the expiry of such term. 
(3) Any Vice-Chairman wishing to resign may intimate in writing his intention to 
do so to the Chairman, and on his resignation being accepted by the Board he shall 
be deemed to have vacated his office. 
 47. Duties of Vice-Chairman. - (1) A Vice-Chairman shall - 
(a) in the absence of the Chairman preside at the meetings of the Board and of 
the Executive Committee thereof unless prevented by reasonable cause from 
doing so, and shall perform all the duties and may exercise all the powers of 
the Chairman when presiding at a meeting; 
(b) during a vacancy in the office of Chairman, or in case of urgent necessity 
during the temporary absence or incapacity of the Chairman, perform any 
other duty and exercise any other power of the Chairman; 
(c) at any time perform any duty and exercise, when occasion arises, any power 
delegated to him by the chairman under section 45. 
(2) Where there are two Vice-Chairman the duties and powers specified in clauses 
(a) and (b) of sub-section (1) shall be performed and may be exercised by the 
senior Vice-Chairman, and in his absence by the junior Vice-Chairman and the 
duties and powers specified in clause (c) by whichever Vice-Chairman is named in 
the order of delegation. 
 48. Notification of elections, nominations and vacancies. - Every election 
or co-option or nomination, as the case may be, of a member or Chairman of a 
Board, and every vacancy in the office of member or Chairman, shall be notified in 
the Rajasthan Gazette. 
Meetings of the Board 
 49. Time for holding meetings. - (1) A Board shall meet for the transaction 
of business at least once in evey month. 
(2) The Chairman, or in his absence from the District, the Vice-Chairman, may 
convene a meeting whenever he thinks fit and shall upon a requisition made in 
writing by not less than one-fifth of the members of the Board and served on the 
Chairman or sent by registered post acknowledgment due addressed to the District 
Board at their office, convene a meeting within a period of twenty one days from 
the date of the service or receipt of such requisition. 
(3) If the Chairman fails to call a requisitioned meeting the Vice-Chairman. or one-
third of the whole number of members may call such meeting for a day not more 
than 42 days after the service or receipts of such requisition. 
(4) A meeting may be adjourned until the next or any subsequent day, and an 
adjourned meeting may be further adjourned in like manner. 
(5) Every meeting shall be held at the office of the Board or at some other 
convenient place of which notice has been duly given. 
 50. Transaction of business at meetings. - Except where it is otherwise 
prescribed under this Act, any business may be transacted at any meeting: 
Provided that no business which is required to be transacted by special resolution 
shall be transacted unless previous notice of the intention to transact such business 
has been given: 
Provided also that nothing in this section shall apply to a motion that the Board 
shall adopt a resolution expressing no-confidence in the Chairman or to a motion 
that the Board shall adopt a resolution calling upon the Chairman to resign. 
 51. Motion of no-confidence against Chairman. - (1) Subject to the 
provisions of this section, a motion expressing no-confidence in the Chairman shall 
be made only in accordance with the procedure laid down below. 
(2) Written notice of intention to make a motion of no-confidence in its Chairman, 
signed by such number of members of the Board as constitute not less than one-
third of the total number of members of the Board, together with a copy of the 
motion which it is proposed to make, shall be delivered in person together by any 
two of the members signing the notice to the District Magistrate. 
(3) The District Magistrate shall then convene a meeting for the consideration of 
the motion to be held at the office of the Board, on the date and at the time 
appointed by him, which shall not be later than twenty-five days from the date on 
which the notice under sub-section (2) was delivered to him. He shall send by 
registered post not less than seven clear days before the date of the meeting, a 
notice of such meeting and of date and time appointed therefor, to every member 
of the Board at his place of residence and shall at the same time cause such notice 
to be published in such manner as he may deem fit. Thereupon every member shall 
be deemed to have received the notice. 
(4) The District Magistrate shall arrange with the District Judge for a stipendiary 
Civil Judicial Officer to preside at the meeting convened under this section, and no 
other person shall preside thereat. If within half an hour from the time appointed 
for the meeting, the judicial officer is not present to preside at the meeting, the 
meeting shall stand adjourned to the date and the time to be appointed and notified 
to the members by that officer under sub-section (5). 
(5) If the Judicial Officer is unable to preside at the meeting he may, after 
recording his reasons, adjourn the meeting to such other date and time as he may 
appoint, but not later than fifteen days from the date appointed for the meeting 
under sub-section (3). He shall without delay communicate in writing to the 
District Magistrate the adjournment of the meeting. It shall not be necessary to 
send notice of the date and the time of the adjourned meeting to the members 
individually, but the District Magistrate shall give notice of the date and the time of 
the adjourned meeting by publication in the manner provided in subsection (3). 
(6) Save as provided in sub-sections (4) and (5) a meeting convened for the 
purpose of considering a motion under this section, shall not for any reason be 
adjourned. 
(7) As soon as the meeting convened under this section has commenced, the 
Judicial Officer shall read to the Board the motion for the consideration of which it 
has been convened and declare it to be open for discussion. 
(8) No discussion on any motion under this section shall be adjourned. 
(9) Such discussion shall automatically terminate on the expiry of three hours from 
the time appointed for the commencement of the meeting unless it is concluded 
earlier. Upon the conclusion of the debate or upon the expiry of the said period of 
three hours, as the case may be, the motion shall be put to the vote of the Board. 
(10) The Judicial Officer shall not speak on the merits of the motion, nor shall he 
be entitled to vote thereon. 
(11) A copy of the minutes of the meeting together with a copy of the motion and 
the result of the voting thereon shall on the termination of the meeting be 
forwarded forthwith by the Judicial Officer to the District Magistrate for 
submission to the State Government and to the Chairman. 
(12) The motion shall be deemed to have carried only when it has been passed by a 
majority of more than half of the total number of members of the Board. 
(13) Nothing done by any member of the Board, the District Magistrate, the 
Judicial Officer, or the State Government in pursuance of the provisions of this 
section shall be questioned in any court. 
 52. Quorum. - (1) The quorum necessary for the transaction of business 
which is required to be transacted by special resolution shall be one-half of the 
total number of members of the Board for the time being. 
(2) The quorum necessary for the transaction of any other business shall be one-
third of such total number of members. 
(3) When it is necessary to postpone any business at a meeting for want of the 
prescribed quorum, the Chairman shall adjourn the meeting to another date, and 
the business postponed for want of the prescribed quorum shall be transacted on 
such date or in the event of a further adjournment of the meeting to a subsequent 
date, on such subsequent date, notwithstanding any deficiency in the number of 
members present. 
(4) Whenever the business to be transacted at a meeting is partly such as to require 
the quorum prescribed by sub-section (1) and partly such as to require the quorum 
prescribed by sub-section (2) and the former class of business has to be postponed 
for want of the prescribed quorum, it shall not be necessary also to postpone the 
latter class of business if the quorum necessary for its transaction is present. 
 53. Chairman of meeting. - If at a meeting neither the Chairman nor the 
Vice-Chairman is present the members present shall elect one of them to be the 
Chairman of the meeting and such Chairman shall perform all the duties and may 
exercise all the powers of the Chairman of a Board when presiding at the meeting. 
 54. Publicity of meetings. - Every meeting shall be open to the public 
unless the Chairman considers that the public should be excluded during the whole 
or any part of the meeting. 
 55. Power of Chairman of meeting to maintain order. - Where at a 
meeting of the Board any member or other person refuses to comply with any 
direction of the Chairman ruling any business, discussion or matter out of order, or 
otherwise regulating the conduct of members or of business, or where any member 
or person wilfully disturbs the meeting, the Chairman may require that member or 
person to withdraw from the meeting, and, in the event of his not doing so, may 
employ against him such force as is necessary, or as in good faith he believes to be 
necessary, for the purpose of removing and excluding him from the meeting. 
 56. Decision by vote. - (1) All questions which may come before a meeting 
of a Board shall be decided by a majority of the votes of the members present and 
voting. 
(2) In case of an equality of votes, the Chairman of the meeting shall have a second 
or casting vote. 
(3) The foregoing provisions of this section shall be subject to the provisions of 
sub-section (5) of section 58 and of any other provision of, or under, this or any 
other enactment requiring a resolution to be supported by any proportion or 
number of the members. 
 57. Right of certain officers to attend and speak at meetings. - The 
Medical Officer and the Executive Engineer-in-charge of the district, the Inspector 
or Inspectors of Schools of the circle, and any other Government officers specially 
authorized by the State Government in this behalf shall, with the permission of the 
Chairman, be entitled to attend any meeting of a Board and to address the Board on 
an

Excerpt shown. Open the full act in Lexace.

‹ Prev All Rajasthan acts Next ›