West Bengal District Planning Committee Act, 1994
No: 20 Dated: May, 03 1994
THE WEST BENGAL DISTRICT PLANNING COMMITTEE ACT, 1994.
West Bengal Act XX of 1994
An Act to provide for the constitution of District Planning Committee at the district level for consolidation of the plans prepared by the Panchayats and the Municipalities in the district and preparation of draft development plan for the district as a whole.
Whereas it is expedient to provide for the constitution of District Planning Committee at the district level for consolidation of the plans prepared by the Panchayats and the Municipalities in the district and preparation of draft development plan for the district as a whole;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal District Planning Committee Act, 1994.
(2) It extends to the whole of West Bengal, except the areas to which the provisions of-
(a) the Calcutta Municipal Corporation Act 1980, or
(b) the Darjeeling Gorkha Hill Council Act, 1988, or
any part of modification thereof, apply or may hereafter be applied.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Committee" means a District Planning Committee, or Siliguri Sub-division Planning Committee, constituted under sub-section (1) of section 3;
(b) "Constitution" means the Constitution of India;
(c) "District Magistrate" includes an Additional District Magistrate, or any other Magistrate appointed by the State Government to discharge all or any of the functions of the District Magistrate under this Act;
(d) "Governor" means the Governor, appointed as such under article 155, read with article 153, of the Constitution, for the State of West Bengal;
(e) "Municipality" has the same meaning as in clause (c) of article 243P of the Constitution;
(f) "notification" means a notification published in the Official Gazette;
(g) "Panchayat Samiti" means a Panchayat Samiti constituted under the West Bengal Panchayat Act 1973;
(h) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "rural area" means an area within a Block;
Explanation. - "Block" has the same meaning as in clause (2) of section 2 of the West Bengal Panchayat Act, 1973;
(k) "urban area" means an area within a Municipality;
(l) "Zilla Parishad" means a Zilla Parishad, and includes Mahakuma Parishad for the sub-division of Siliguri in the district of Darjeeling, constituted under the West Bengal Panchayat Act, 1973.
3. District Planning Committee. - (1) For every district the State Government shall constitute a District Planning Committee bearing the name of the district, except for the sub-division of Siliguri in the district of Darjeeling for which the State Government shall constitute a Planning Committee to be called Siliguri Sub-division Planning Committee.
(2) Subject to such rules as may be made by the State Government in this behalf, the State Government shall, by notification, determine the number of members of a Committee including-
(a) the number of such members to be elected by, and from amongst, the elected members of the Zilla Parishad :
Provided that no Sabhadhipati of a Zilla Parishad shall be elected under this clause,
(b) the number of such members to be elected by, and from amongst, the elected members, by whatever name called, of all the Municipalities within the district or, in the case of the subdivision of Siliguri in the district of Darjeeling, of all the Municipalities within that sub-division :
Provided that no Chairperson of a Municipality shall be elected under this clause, and
(c) the number of such members, not exceeding one-fifth of the total number of members of the Committee, as may be appointed by the State Government under sub-section (3) :
Provided that the ratio between the number of members of a Committee and the sum total of the rural population and the urban population in district, or, in the case of the sub-division of Siliguri, in the district of Darjeeling, in that sub-division shall, so far as practicable, be the same throughout West Bengal :
Provided further that four-fifths of the total number of members of a Committee shall not exceed the total number of elected members of the Zilla Parishad :
Provided also that the number of members referred to in clause (a) shall bear, as nearly as may be, the same proportion to the number of members, referred to in clause (b), as the population of the rural areas bear to the population of the urban areas in the district or, in the case of the sub-division of Siliguri in the district of Darjeeling, in that sub-division.
(3) Subject to the provisions of clause (c) of sub-section (2), the State Government shall, by notification, appoint the members referred to therein, and such members shall include-
(a) the Sabhadhipati of the Zilla Parishad,
(b) the District Magistrate of the district, and
(c) such other members as the State Government may think fit to choose from amongst-
(i) the Sabhapatis of the Panchayat Samitis within the district;
(ii) the members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising any part of the district, not being Ministers,
(iii) the officers of the State Government or of any statutory body or corporation deemed by the State Government to have specialised knowledge,
(iv) the Chairpersons of the Municipalities within the district or, in the case of the sub-division of Siliguri in the district of Darjeeling, within the sub-division, and
(v) the economists and social and political workers of eminence.
4. Chairperson, Vice-Chairperson and Secretary of Committee. - (1) The Sabhadhipati of the Zilla Parishad shall be the Chairperson of the Committee.
(2) As soon as may be after constitution of the Committee or in the event of any vacancy, as the case may be, the members of the Committee shall select a Vice-Chairperson from amongst themselves in such manner as may be determined by the Chairperson.
(3) In the absence of the Chairperson, the Vice-Chairperson shall preside at the meeting of the Committee.
(4) The District Magistrate shall be the Secretary of the Committee and shall make available to the Committee such assistance as may be necessary for the discharge of its functions.