License under the Rajasthan Municipality Act, 2009

Background

The Rajasthan Municipality Act, 2009 was enacted to consolidate and amend the laws relating to the governance, administration, and management of municipalities in the state of Rajasthan. The Act was designed in line with the 74th Constitutional Amendment, which provided constitutional status to municipalities as institutions of local self-government. Its primary objective is to ensure democratic decentralization, effective urban governance, and systematic planning for urban development, sanitation, health, and infrastructure.

Applicability

The Act applies to all municipal areas within the State of Rajasthan, including municipal corporations, municipal councils, and municipal boards. It governs the constitution, powers, and functions of municipalities; regulation of municipal property and finances; town planning; building regulations; sanitation; water supply; and other civic amenities. It is applicable to all urban areas notified under the Act, and it prescribes duties for both elected representatives and municipal officials.

Requirement of Licenses         

  • Fire License Certificate (to be taken by the Owner of the premises) (Section 255)

Owner of the building or part of such building, is required to obtain necessary Fire Safety Approval and Certificate and ensure timely renewal. The Municipality may require, by bye-laws, the owner or the occupier of all or any of the premises in the municipal area to make such arrangements as may be necessary for fire prevention and fire safety in the municipal area and may also require the owner or the occupier to obtain a no objection certificate in this behalf in such form and in such manner and from such authority as may be specified in such bye-laws.

  • Trade License

A trade license is a certificate issued to an applicant seeking to open a business permitting him/her/them to commence business in a given area/location within the particular municipal/corporation limit.  A trade license is a certificate issued to an applicant seeking to open a business permitting him/her/them to commence business in a given area/location within the particular municipal/corporation limit.

This license permits the applicant to commence and operate the business, as mentioned in the application. If the applicant wishes to commence another business different from that mentioned in the trade license application, they will have to separate it. Additionally, the applicant does not become the property owner after securing the license. Trade license is exclusively meant as an approval or permission given to the applicant to begin the business mentioned in the application only.

The trade licenses will be issued only for one year.  Irrespective of the time of the issue of license, the license will be valid up to March 31st of every year. The trade license holders must apply for the renewal of license between the months January to February end.

Penalties & Punishments

Section 291: If a person contravenes any provision of the Act, its rules, bye-laws, or fails to comply with any notice or direction for which no specific penalty is provided elsewhere, they are liable, on conviction, to a fine not less than ₹2,000 and not exceeding ₹5,000

Conclusion

The Rajasthan Municipality Act, 2009 plays a crucial role in strengthening urban local governance in Rajasthan. It empowers municipalities to act as self-governing institutions, ensures citizen participation in local decision-making, and provides a framework for planned urban growth and delivery of essential services. By defining clear responsibilities and financial powers, the Act contributes towards sustainable urban development and improved quality of life in urban areas of Rajasthan.

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