Amendment status not verified — confirm the current text below against the official source.
Requisitioning of vehicles etc., for purpose of general elections. - (1) If it appears to the Collector that in connection with general elections to be held under this Act, any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with any such election, the Collector may by order in writing requisition such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to him to be necessary or expedient in connection with the requisitioning : Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose in connection with the election of such candidate shall be requisitioned under this Sub-section until the completion of the poll at such election. (2)The requisition shall be effected by an order in writing addressed to the person deemed by the Collector to be the owner or person deemed by the Collector to be the owner or person in possession of the vehicle, vessel or animal and such order shall be served in the prescribed manner on the person to whom it is addressed. (3)Whenever any vehicle, vessel or animal is requisitioned under Sub-sec. (1), the period of such requisition shall not extend beyond the period for which the same is required for any of the purpose mentioned in that Sub-section. (4)Whenever the Collector requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof, out of the Consolidated Fund of the State, compensation the amount of which shall be determined by the Collector on the basis of the fares or rates prevailing on the locality for the hire of such vehicle, vessel or animal : Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the State Government, the amount of compensation to be paid shall be such as the State Government may determine. (5)Where, immediately before the requisition, the vehicle or vessel is, by virtue of a hire purchase agreement, in the possession of a person other than the owner, the amount determined under Sub-sec. (4), as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon and, in default of agreement, in such manner, as the Collector or the State Government may decide. (6)The Collector, may with a view to requisitioned any vehicle, vessel or animal or determining the amount of compensation payable under this section, by order, require any person to furnish to such officer or authority as may be specified in the order, such information in his possession relating to such vehicle, vessel or animal as may be so specified. (7)Any person authorised in this behalf by the Collector may enter into or upon any land or premises and inspect any vehicle, vessel or animal therein for the purpose of determining whether and if so in what manner, an order under Sub-sec. (1) should be made in relation to such vehicle, vessel or animal, or with a view to securing compliance with any order made under this section. (8)If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. 117.Bar to interference by Courts in certain matters.- Notwithstanding anything contained in this Act- (a) the validity of any law relating to the delimitation of constituencies or wards or the allotment of seats to such constituencies or wards made or purporting to be made under this Act, shall not be called in question in any Court, and (b) no election to any Panchayati Raj Institution shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under this Act. 1[117-A. Jurisdiction of Civil Courts barred. - No Civil Court shall have jurisdiction - (a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or (b) to question the legality of any action taken by or under the authority of an electoral registration officer, or any decision given by any authority appointed under this Act for the revision of such roll; or (c) to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this Act in connection with an election.] 118.Finance Commission.- (1) The Finance Commission, hereinafter in this section referred to as the "Commission", shall consist of the following members to be selected in such manner as may be prescribed - (a) A Chairperson from amongst persons who have had experience in public affairs; and (b) Such number of other members not exceeding four as the State Government may determine from time to time from amongst persons who - (i) have special knowledge of the finance and accounts of the Government; or (ii) have had wide experience in financial matters and in administrator; or (iii) have special knowledge of functioning of the Panchayati Raj Institutions and Municipal Bodies; or (iv) have been closely associated with preparation and/or implementation of rural and urban development programmers. (2)A person shall be disqualified for being appointed as, or for being a member of the Commission - (a) if he is of unsound mind; (b) if he is an un-discharged insolvent; (c) if he has been convicted of an offence involving moral turpitude; (d) if he has such financial or other interest as is likely to effect prejudicially his functions as a member of the Commission. (3)The term of office of members and eligibility for re-appointment shall be as follows :- (i) every member of the Commission shall hold office for such period as may be specified in the order of the Government appointing him, but shall be eligible for re- appointment, (ii) a member of the Commission may resign his office by a letter written under his hand and addressed to the Government, but he shall continue in office until his resignation is accepted by the Government; and (iii) the casual vacancy caused by the resignation of a member under Clause (ii) or for any other reason may be filled in by fresh appointment and a member so appointed shall hold office only for the remainder of period for which the member in whose place he is appointed would have held office. (4)The member of the Commission shall render whole-time or part-time service to the Commission as the Government may in each case specify and there shall be paid to them such fees or salaries and such allowances as the Government may, by rules made in this behalf, prescribe. (5)The Commission shall determine their procedure and in the performance of their functions shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) while trying a suit in respect of the following matters namely :- (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any document; (c) requisitioning any public record from any Court or office; (d) receiving evidence on affidavits. (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribe. (6)The Commission shall have power to require any person to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, any matter under the consideration of the Commission and any person so required shall, notwithstanding anything contained in any law for the time being in force, be deemed to be legally bound to furnish such information within the meaning of Sec. 176 of the Indian Penal Code. (7)The Commission shall be deemed to be a Civil Court of the purposes of Secs. 345 and 346 of the Code of Criminal Procedure, 1973 (Act 2 of 1974). (8)The Government shall provide the Commission with such officers and employees as may be necessary for the performance of the functions of the Commission. (9)The salaries and allowances payable to and the other terms and conditions of service of the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribe. 119.Officers and Staff of State Election Commission.- (1) There shall be a Chief Electoral Officer who shall be such officer of the State Government as the State Election Commission may, in consultation with the Government, designate or nominate in this behalf. (2)Subject to the superintendence, direction and control of the State Election Commission, the Chief Executive Officer shall - (a) supervise the preparation, revision and correction of all electoral rolls in the State under this Act; (b) Supervise the conduct of all elections under this Act; and (c) exercise such other powers and functions as the State Election Commission may direct. (3)For each district in the State, the State Election Commission shall in consultation with the Government, designate or nominate an officer of the Government as a District Election Officer: Provided that the State Election Commission may designate or nominate more than one such officer for a district if the Commission is satisfied that the functions of the office can not be performed satisfactorily by on e officer. (4)Where more than one District Election Officer are designated or nominated for a district, the Commission shall in the order designating or nominating the District Election Officer also specify the area in respect of which each such officer shall exercise jurisdiction. (5)The electoral roll for each constituency shall, subject to the control of the District Election Officer, be prepared, revised, modified, updated and published by the Electoral Registration Officer who shall be such officer of the Government or a local authority as the State Election Commission may, in consultation with the Government, designate or nominate in this behalf. (6)The State Election Commission may appoint one or more persons as Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the performance of his function. (7) The Government shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by or under this Act or any other law for the time being in force. 1[119-A. Staff of local authorities etc., to be made available.- (1) Every local authority in the State shall, when so requested by the Chief Electoral Officer or the District Election Officer (Panchayats), make available to any Electoral Registration Officer such staff as may be necessary for the performance of any duties in connection with preparation and revision of electoral rolls. (2)The authorities specified in Sub-sec. (3) shall, when so requested by the Chief Electoral Officer or the District Election Officer (Panchayats), make available to any Returning Officer such staff as may be necessary, for the performance of any duties in connection with an election. (3)The Following shall be the authorities for the purposes of Sub-sec. (2), namely:- (i) every local authority; (ii) any other body corporate or public undertaking which is established by the State Government by or under a State Act or a Central Act or which is established otherwise but controlled, aided or financed wholly or substantially by the State Government.] [119-B. Officers and Staff deemed to be on deputation to State Election Commission. - The Officers or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of, all elections, under this Act shall be deemed to be on deputation to the State Election Commission for the period during which they are so employed and such officers and staff shall, during that period be, subject to the control and superintendence of the State Election Commission.] 1[119-C. Penalty for staff.- (1) Whether a member of staff having deputed for performing duties in connection with elections or in connection with preparation, revision and correction of electoral rolls under this Act, does not report for duty or having reported for such duty, does not perform duties assigned to him, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Rupees Five thousand, or with both. (2)An offence punishable under Sub-sec. (1) shall be cognizable.] 120.Delegation of Functions of Election Commission.- The functions of the State Election Commission under this Act or the rules or orders issued thereunder, subject to such general or special directions, if any, as may be given by the State Election Commission in this behalf, be performed also by a Deputy Election Commissioner, if any, or by the Secretary to the State Election Commission. 121.Committee for District Planning.- (1) The Government shall constitute in every district a District Planning Committee, hereinafter in this section, referred to as "the Committee " to consolidate the plans prepared by the Panchayati Raj Institutions and the Municipalities in the district and to prepare a draft development plan for the district as a whole. (2)The Committee shall consist of such number of members as may be fixed by the Government from time to time by notification in the Official Gazetee and in so fixing the total number of members of the committee, the Government shall specify the number respectively of the nominated members and elected members: Provided that not less than four-fifth of the total number of members of such committee shall be elected by, and from amongst, the elected members of the Zila Parishad and the Municipalities in the district in proportion to the ratio between the population of the rural area and of the urban in the district. (3)The elected members shall be chosen in such manner as may be prescribed. (4)The nomited members may consist of :- (a) persons representing the State Government; (b) members of the House of the People or of the Rajasthan Legislative Assembly who represent a constituency comprising the whole or part of the district. (c) members of the council of States who are registered as electors in the district, and (d) members representing such organisations and institutions as may be deemed necessary by the Government. (5) The committee shall have- (a) such functions relating to district planning as may be assigned to it by the Government; and (b) such powers as may be conferred on it by the Government . (6)The Chairperson of such Committee shall be the Pramukh of the Zila Parishad concerned. (7)Every Committee shall, in preparing the draft development plan, - (a) have regard to - (i) matters of common interestbetween the Panchayati Raj Institution and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of the infrastructure and environmental conservation; and (ii) the extent and type of available resources whether financial or otherwise; and (b) consult such institutions and organisations as the Government may by order, specify. (8)The Chairperson of every Committee shall forward the development plan, as recommended by such committee to the Government. Explanation – For the purpose of this section, the term "Municipality" shall have the meaning assigned to it by the Rajasthan Municipalities Act, 1959.