RAS Pre 2021, held on 27 October 2021. Question text as printed in RPSC's booklet; answer as per RPSC's final answer key.

According to the provisions of the Rajasthan Municipal Act, 2009, maximum number of persons that can be nominated by the State Government in Municipal Council is -

Q: What is the answer to RAS Pre 2021 Q30?

(3). Correct — option (3), 8. Section 6(1)(a)(ii) of the Rajasthan Municipalities Act, 2009 provides for nominated members in each Municipality. As substituted by the Rajasthan Municipalities (Amendment) Act, 2021 (Act No. 4 of 2021), it reads: "six persons in case of Municipal Board, eight persons in case of Municipal Council and twelve persons in case of Municipal Corporation, having special knowledge or experience in municipal administration, to be nominated by the State Government by notification in the Official Gazette". The amending Act received the Governor's assent on 6 April 2021, was published in the Rajasthan Gazette on 8 April 2021 and came into force at once, so this was the law on the exam date. For a Municipal Council the number is 8, option (3). The idea to remember: nominated members — Board 6, Council 8, Corporation 12 (since April 2021).

(1)10
(2)12
(3)8
(4)6

Answer

(3)

Why

Correct — option (3), 8.

Section 6(1)(a)(ii) of the Rajasthan Municipalities Act, 2009 provides for nominated members in each Municipality. As substituted by the Rajasthan Municipalities (Amendment) Act, 2021 (Act No. 4 of 2021), it reads:

"six persons in case of Municipal Board, eight persons in case of Municipal Council and twelve persons in case of Municipal Corporation, having special knowledge or experience in municipal administration, to be nominated by the State Government by notification in the Official Gazette".

The amending Act received the Governor's assent on 6 April 2021, was published in the Rajasthan Gazette on 8 April 2021 and came into force at once, so this was the law on the exam date.

For a Municipal Council the number is 8, option (3).

The idea to remember: nominated members — Board 6, Council 8, Corporation 12 (since April 2021).

Why the others are wrong

(1)
10 — Ten is not a figure in section 6(1)(a)(ii) for any kind of Municipality. The 2021 text gives six for a Municipal Board, eight for a Municipal Council and twelve for a Municipal Corporation.
A Council's maximum is eight.
(2)
12 — Twelve is the number for a Municipal Corporation, not a Council. Section 6(1)(a)(ii), as substituted in 2021, allows twelve nominated persons in a Municipal Corporation, the body the Act sets up for a larger urban area.
A Municipal Council, set up for a smaller urban area, gets eight.
(4)
6 — Six is the number for a Municipal Board, not a Council. The 2021 text of section 6(1)(a)(ii) allows six nominated persons in a Municipal Board, the body for a transitional area.
The Council's figure is eight.

Concept

Article 243R(2)(a)(i) of the Constitution lets a State Legislature provide by law for the representation in a Municipality of "persons having special knowledge or experience in Municipal administration", with the proviso that they shall not have the right to vote in its meetings.

Rajasthan uses that power in section 6 of its 2009 Act. Section 5 sets up three kinds of Municipality: a Municipal Board for a transitional area, a Municipal Council for a smaller urban area and a Municipal Corporation for a larger urban area.

The nominated members follow that scale: six, eight and twelve. The State Government may withdraw a nominated member at any time, and a nominated member has no right to vote in the Municipality's meetings.

The 2021 amendment also added that the persons nominated in each Municipality shall include one person with disability.

RPSC's syllabus lists, under Political and Administrative System of Rajasthan, "Administrative System: District Administration, Local Self Government, Panchayati Raj Institutions."

The Bill's Statement of Objects and Reasons ties the 2021 change to the growth of elected seats. It says the State Government re-determined municipal seats on the basis of Census 2011 by a notification of 10 June 2019, and the number of seats in each Municipality was considerably increased.

It adds that there was widespread demand from public representatives and organisations to increase the number of nominated persons as well, and that the Government decided to do so.

The same Act changed section 24 so that a disabled child from an earlier delivery is not counted when reckoning the number of children for disqualification.

Key facts

Section 6(1)(a)(ii), Rajasthan Municipalities Act, 2009 (as amended in 2021): six nominated persons in a Municipal Board, eight in a Council, twelve in a Corporation.
The Rajasthan Municipalities (Amendment) Act, 2021 (Act No. 4 of 2021) received assent on 6 April 2021 and came into force at once.
Nominated members must have special knowledge or experience in municipal administration and are nominated by notification in the Official Gazette.
A nominated member has no right to vote in the Municipality's meetings, and the State Government may withdraw one at any time.
Since the 2021 amendment, the persons nominated in each Municipality must include one person with disability.

Nominated members under section 6(1)(a)(ii) (as amended, April 2021)

Municipal Board — transitional area→6

Municipal Council — smaller urban area→8

Municipal Corporation — larger urban area→12

Each group must include one person with disability. Nominated members cannot vote in meetings.

Study next

Article 243R and the composition of MunicipalitiesMunicipal Board, Council and Corporation under section 5 of the Rajasthan Municipalities Act, 2009Reservation of seats in Rajasthan's MunicipalitiesDisqualifications of municipal members under section 24The State Election Commission and municipal elections in Rajasthan

Common traps

Swapping the scale. Six belongs to a Municipal Board and twelve to a Corporation; the Council, in between, has eight.
Using figures from before April 2021. The Rajasthan Municipalities (Amendment) Act, 2021 substituted the clause and increased the numbers.
Assuming nominated members vote. Both Article 243R and section 6 deny them the right to vote in the Municipality's meetings.

A question can ask the maximum number of persons the State Government may nominate to a Municipal Board, Council or Corporation, as here.

A question can also ask whether nominated members can vote, or what the 2021 amendment added about persons with disability.

Related PYQs

RPSC_2024_PRE_GS_Q302024Open & attempt →

By which Act, the Jaipur Development Authority was established ?

(1) Jaipur Development Authority Act, 1982
(2) Jaipur Development Authority Act, 1983
(3) Jaipur Development Authority Act, 1984
(4) Jaipur Development Authority Act, 1985

Answer(1)

Same area, urban governance by statute: that question asks by which Act the Jaipur Development Authority was established (RPSC key: option (1), Jaipur Development Authority Act, 1982). This question asks about nominations under the Rajasthan Municipalities Act, 2009.

Practice

practice — not a real PYQ
Under the Rajasthan Municipalities Act, 2009 (as amended in 2021), how many persons can the State Government nominate to a Municipal Corporation?
- (a)6
- (b)8
- (c)10
- (d)12
Answer(4) — Section 6(1)(a)(ii) allows twelve nominated persons in a Municipal Corporation. Six (1) is the figure for a Municipal Board and eight (2) for a Municipal Council; ten (3) is not a figure in the clause.
practice — not a real PYQ
Which of the following is correct about persons nominated to a Municipality under section 6 of the Rajasthan Municipalities Act, 2009?
- (a)They have the right to vote in the Municipality's meetings
- (b)They are nominated by the State Election Commission
- (c)They cannot be withdrawn once nominated
- (d)The persons nominated must include one person with disability
Answer(4) — Proviso (iv), added in 2021, requires one person with disability among those nominated. Nominated members have no right to vote (1); they are nominated by the State Government by notification (2); and the State Government may withdraw a nominated member at any time (3).