Uttarakhand District Planning Committee Act, 2007
No: 4 Dated: Jul, 16 2007
Uttarakhand District Planning Committee Act, 2007
[Uttarakhand Act No. 04 of 2007]
An Act to constitute District Planning Committee at the district level for consolidation of plans prepared by the panchayats and the Municipalities in the district and preparation of draft development Plan for the district as a whole and for the matters connected therewith or incidental thereto--
Be it enacted by the Legislative Assembly in the 58th year of the Republic of India as follows:-
1. Short title, Extent and Commencement:- (1) This act shall be called the Uttarakhand District Planning Committee Act, 2007.
(2) It shall be applicable to the whole State of Uttarakhand.
(3) It shall be deemed to have come into force at once.
2-Definitions:- In this Act-
(a) "Legislative Assembly Rolls" means the electoral rolls of any constituency of the Legislative Assembly prepared under and according to the provisions of the Representation of the People Act, 1950;
(b) "Committee" means the District Planning Committee constituted under section 3;
(c) "District level officer" means such officer of the district as the State Government, may, by notification, specify;
(d) "Kshettra Panchayat" means a Kshettra Panchayat established under section 5 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (as applicable to the State of Uttarakhand and as amended from time to time);
(e) "Minister" means a member of the Council of ministers of the Government of Uttarakhand and includes Minister of State and Deputy Minister;
(f) "Municipality" means a Municipal Corporation, a Municipal Council or a Nagar Panchayat constituted under the Uttar Pradesh. Municipalities Act. 1916 (as applicable to the State of Uttarakhand and as amended from time to time) or the Uttar Pradesh Municipal Corporation Act, 1959 (as applicable to the State of Uttarakhand and as amended from time to time), as the case may be;
(g) 'Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;
(h) "Rural area" means an area other than urban area;
(i) "Urban area" means the territorial area of a Municipal Corporation, Municipal Council or Nagar Panchayat, as the case may be;
(j) "Zila Panchayat" means a Zila Panchayat established under section 17 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (as applicable to the State of Uttarakhand and as amended from time to time).
3.Constitution of District Planning Committee:- (1) There shall be constituted in every district a District Planning Committee, to consolidate the plans prepared by the Panchayats and Municipalities in the district and to prepare a draft development plan for the district as a whole.
(2) The Committee shall, in preparing the draft development plan--
(a) have regard to-
(i) matters of common interest between the Panchayats and Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation,
(ii) the extent and type of available financial or other resources;
(b) consult such institutions and organizations as the Governor may, by order, specify
4. Composition of District Planning Committee:- (1) Every Committee shall consist of such number of members as may be prescribed: Provided that the number of members shall not be less than twenty and more than forty.
(2) Not less than four-fifths of the total number of members of the Committee shall be elected in the prescribed manner by, and from amongst, the elected members of the Zila Panchayat and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district.
(3) Where the urban area of the district comprises more than one Municipality, the number of members of the Committee from amongst the elected members of such Municipalities shall be distributed amongst such Municipalities in such manner as may be prescribed.
(4) The remaining one-fifth members of the Committee shall be-
(a) a Minister nominated by the State Government, who shall be the Chairperson of the Committee;
(b) the Adhyaksha of the Zilla Panchayat shall be ex-officio Vice-Chairman of the Commitee;
(c) such other members as may be nominated by the State Government subject to the condition that the number of members under this subsection shall not exceed one-fifth of the total members of the committee.
(5) A member nominated under clause (c) of sub-section (4) shall hold office during the pleasure of the Governor.
(6) No member of the Committee shall nominate any person as his representative to attend a meeting of the Committee on his behalf.
(7) An elected member of the Committee shall cease to be member thereof if he ceases to be member of the Municipality or Zila Panchayat, as the case may be.
(8) If the office of an elected member of the Committee falls vacant owing to his death, resignation or otherwise, the vacancy shall be filled for the residue of his term in the manner provided under sub-section (2).