Rajasthan Panchayati Raj Act 1994 (Notifications)

Rajasthan Panchayati Raj Act 1994

Notifications

1. The State Government appoints the officers for the purpose of the provisions of sections.- In exercise of the powers conferred by Clause (vii) of Section 2 and other enabling provisions of Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994), the State Government hereby appoints as the competent authority, the officers mentioned below in column 3 for the purpose of the provisions of sections of the Act mentioned in column 2.

S. No.	Section of the Act	Competent Authority
1.	3(7)	Vikas Adhikari of the Panchayat Samiti & Chief Executive Officer of the Zila Parishad
2.	20(3)	District Election Officer (Panchayats)
3.	24	(a) (i) Concerned Returning Officer
		or
		(ii) Tehsildar or the area or any other an officer authorized by the Collector on this behalf
		(b) Sarpanch —In the case of Ward Panchas
4.	25 (1)(b)(c)	Collector
5.	27	The Returning Officer for Gram Panchayat as appointed by the District Election Officer (Panchayats).
6.	31	State Government.
7.	34(2)	Collector.
8.	35(3)	Development Commissioner.
9.	37(2)	(i) Against Sarpanch/Up-Sarpanch to Chief Executive Officer of Zila Parishad.
		(ii) Against Pradhan/Up-Pradhan of Chief Executive Officer of Zila Parishad.
		(iii) Against Pramukh/Up-Pramukh to Chief Executive Officer of Zila Parishad.
10.	39(2)	(i) Chief Executive Officer
		In the case Sarpanch and Ward Panch.
		(ii) State Government —
		In the case of Pradhan & members of Panchayat Samiti.
		(iii) State Government —
		In the case of Pramukh & members of Zila Parishad.
11.	40(1)	(i) Chief Executive Officer
		In the case of Sarpanch and Ward Panch.
		(ii) Chief Executive Officer —
		In the case of Pradhan & members of Panchayat Samiti.
		(iii) State Government —
		In the case of Pramukh & members of Zila Parishad.
12.	45(5)	Vikas Adhikari.
13.	46(6)	Chief Executive Officer, Zila Parishad.
14.	47	Divisional Commissioner.
15.	56(11)	Chief Executive Officer, Zila Parishad.
16.	57(2)	Divisional Commissioner.
17.	63(4)	Sub-Divisional Officer.
18.	71	(i) Sub Divisional Officer—
		In the case when an order is passed by Panchayat.
		(ii) Collector—
		In the case when an order is passed by the Panchayat Samiti.
		(iii) Divisional Commissioner —
		In the case when the order is passed by the Zila Parishad.
19.	90	Collector
20.	99	(i) Director, Rural Dev. & Panchayati Raj for the State.
		(ii) Chief Executive Officer, Zila Parishad for the District.
21.	111	Director, Rural Dev. & Panchayati Raj.

[Notification No. F. 4(7)/RDPR/L&J/95/5832 Dated 12.12.1994]

2. State Govt. delegates powers under Sections 38 and 97 of the Act to be exercised by the Officers detailed. – In supersession of earlier Notification No. F. 4(138) LSG/58/1 dated 1.1.1962 and in the exercise of the powers conferred by Section 38 of the Rajasthan Panchayati Raj Act, 1994, (Act No. 13 of 1994), the State Government hereby delegates the powers exercisable by it under the provisions of the said Act, specified in column (2) to the officer of authority specified in the corresponding entry in column (3) of the Schedule below:-

S. No.	Provisions of Act	Officer or authority to whom the powers are delegated
1	Section 38, so far it relates to the removal of Panchas	Collector to the district concerned.
2	Section 97	Divisional Commissioner concerned in respect of an order passed by the Collector under any provisions of the Rajasthan

Panchayati Raj Act, 1994 except orders passed under Section

97 and in all other cases to the Collector of the District.

[Notification No. F. 139(19)/RDP/L&J/95/3273 Dated 26.10.1996, Published in Raj. Gazette, Exty., Pt. IV-C, Dated 3.12.1996, P. 7]

3. State Govt. delegates powers under Sections 38 and 97 of the Act to the Officers detailed-S.O. 163. – In supersession of earlier Notification No. F. 4(138/LSG/58/417) dated 1.1.1962 and in the exercise of the powers conferred by Section 90 of Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994), the State Government hereby delegates the powers exercisable by it under the provisions of the said Act, specified in column (2) to the Officer or authority specified in the corresponding entry in column (3) of the Schedule below:-

S. No.	Provisions of Act	Officer or authority to whom the powers are delegated
1	Section 38, so far relates to the removal of Panchas	Collector to the district concerned.
2	Section 97	Divisional Commissioner concerned in Respect for orders passed by the Collector under Any provisions of the Rajasthan Panchayati Raj Act,1994 except orders passed under Section 97 And in all other cases to the Collector of the District

[Notification No. F. 139(19)/RDP/L&J/95/3273 Dated 26.10.1996 Pub. in Rajasthan Gazette, Exty., Pt. IV-C (II), Dated 3.11.1996, p. 161]

4. State Govt. authorities Officers within their jurisdiction for purposes of the election. – G.S.R. 140-In exercise of the powers conferred by Section 98(a) of Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994), read with Chapter II of Rajasthan Panchatayti Raj (Election) Rules, 1994, the State Government hereby authorities the Officers mentioned below to exercise within their respective jurisdiction the powers mentioned against their names: –

1. Regarding the formation of wards of Panchayats :

Sub-Divisional Officer as defined under the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955)	(a) To form wards as per provisions of Rule 3 of the Election Rules;
	(b) To notify the wards so formed as per provisions of Rule 4(1) of the said Rules;
	(c) To receive objections regarding the formation of wards as per provisions of Rule 4(2) of the Election Rules and affix all such objections on his notice board and thereafter submit the same to the Collector with his comments along with all the Statement of wards as prepared under Rule 3 for consideration and finalization.
	(d) To consider the objections regarding the formation of wards, as received from the Sub-Divisional Officer and other material before him including the comments of Sub-Divisional Officers on such objections, and to record his decision thereon as per the provisions of Rule 4(3) of Election Rules;
	(e) To finalize the formation of wards and to notify the finalized wards of Panchayats as per Rule 4(4) of the said Rules.

2. Regarding the formation of constituencies of Panchayat Samitis and Zila Parishad :

Collector	(a) To form Constituencies as per provisions of Rule 3 of the Election Rules;
	(b) To notify the ‘Constituencies’ so formed as per provisions of Rule 4(1) of the said Rules;
	(c) To receive objections regarding the formation of Constituencies as per provisions of Rule 4(2) of the Election Rules and affix all such objections on his notice board and thereafter send the same with his comments to the State Government along with all the Statement of Constituencies as prepared under Rule 3 for consideration, decision, finalization and notifying the final formation of Constituencies as per Rule 4(3) and Rule 4(4) of the said Rules.

3. Regarding the determination of Seats and Offices to be reserved for Scheduled Castes, Scheduled Tribes, Backward Classes, and also for Women;

Sub-Divisional Officer as defined under the Rajasthan Tenancy (Act No. 3 of 1955)	To determine “Seats” of Panchas to be reserved for the Act, 1955 Scheduled Castes, Scheduled Tribes, Backward Classes, and Women as per provisions of Section 15 of the Act and Chapter II of the Rules.
Collector	To determine “Seats” of members of Panchayat Samitis and Zila Parishad and “Offices” of Sarpanchas and Pradhan to be reserved for Scheduled Castes, Scheduled Tribes, Backward Classes, and Women as per provisions of Sections 15 & 16 of the Act and Chapter II of the Rules.

[Notification No. F 4(8) RDP/L&J/94/3194/, dated 2.9.1994 pub. in Rajasthan Gazette Extraordinary, Pt. IV-C (1), Dated 23.3.1995, p. 441]

4. State Government prescribes how the action is mentioned in Section 23 of the Act. – In exercise of the powers conferred by Section 102 and other enabling provisions of the Rajasthan Panchayati Raj Act 1994 (Act No. 13 of 1994). the State Government prescribes how the action will be taken as mentioned below in Column 2